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FIFTY THIRD DAY
MORNING SESSION
House Chamber, Olympia, Thursday, March 2, 2000
The House was called to order at 10:00 a.m. by Speaker Pro Tempore Ogden. 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 Paul Tabron and Kyle Schmidt. Prayer was offered by Representative Jim McIntire.
RESOLUTION
HOUSE RESOLUTION NO. 2000-4714, by Representatives McDonald, Kastama, Thomas, Wensman, Dunn and Talcott
WHEREAS, The annual Puyallup Valley Daffodil Festival is a cherished tradition for the people of Pierce County and the Northwest; and
WHEREAS, 2000 marks the sixty-seventh annual Daffodil Festival; and
WHEREAS, The Festival began in 1926 as a simple garden party in Sumner, and grew steadily each year until 1934 when flowers, which previously had been largely discarded in favor of bulbs, were used to decorate cars and bicycles for a short parade through Tacoma; and
WHEREAS, The Festival's 2000 events are ongoing, and will culminate in the April 15th Grand Floral Street Parade, winding its way from downtown Tacoma to the communities of Puyallup, Sumner, and Orting; and
WHEREAS, This year's Festival royalty includes princesses Dawn Ainslie, Washington High School; Bobett Babcock, Eatonville High School; Moriah Blake, Lakes High School; Emily Chipps, Puyallup High School; Melissa Clapper, Clover Park High School; Mariana DeArmas, Lincoln High School; Brenna Foley, Curtis High School; Amy Hamel, Franklin Pierce High School; Anna Hasselblad, Wilson High School; Leslie Hauge, Fife High School; Cela Mamic, Rogers High School; Megan McFadden, Bethel High School; Sarah Norris, Sumner High School; Keli O'Neill, Orting High School; Amanda Orr, Stadium High School; Shanel Rodriguez, Spanaway Lake High School; Erlene Schwenke, Mt. Tahoma High School; Tiye Smith, Henry Foss High School; and Rene Unap, Chief Leschi High School;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor the many contributions made to our state by the Puyallup Valley Daffodil Festival and its organizers over the past sixty-seven years; and
BE IT FURTHER RESOLVED, That copies of this resolution be transmitted immediately by the Co-Chief Clerks of the House of Representatives to the 2000 Puyallup Valley Daffodil Festival Officers and to the Members of the Festival Royalty.
Representative McDonald moved adoption of the resolution.
Representatives McDonald and Kastama spoke in favor of the adoption of the resolution.
House Resolution No. 2000-4714 was adopted.
MESSAGES FROM THE SENATE
March 1, 2000
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5366,
SUBSTITUTE SENATE BILL NO. 5932,
SUBSTITUTE SENATE BILL NO. 6349,
SUBSTITUTE SENATE BILL NO. 6643,
SUBSTITUTE SENATE BILL NO. 6687,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8017,
SENATE JOINT MEMORIAL NO. 8019,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8026,
and the same are herewith transmitted.
Tony M. Cook, Secretary
March 1, 2000
Mr. Speaker:
The President has signed:
ENGROSSED SENATE BILL NO. 5152,
SUBSTITUTE SENATE BILL NO. 5408,
ENGROSSED SENATE BILL NO. 5667,
SUBSTITUTE SENATE BILL NO. 6147,
SUBSTITUTE SENATE BILL NO. 6182,
SUBSTITUTE SENATE BILL NO. 6186,
SUBSTITUTE SENATE BILL NO. 6276,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6347,
and the same are herewith transmitted.
Tony M. Cook, Secretary
March 1, 2000
Mr. Speaker:
The Senate has passed:
ENGROSSED HOUSE BILL NO. 1711,
SUBSTITUTE HOUSE BILL NO. 2320,
SUBSTITUTE HOUSE BILL NO. 2321,
ENGROSSED HOUSE BILL NO. 2334,
SUBSTITUTE HOUSE BILL NO. 2367,
SUBSTITUTE HOUSE BILL NO. 2410,
SUBSTITUTE HOUSE BILL NO. 2528,
ENGROSSED HOUSE BILL NO. 2559,
ENGROSSED HOUSE BILL NO. 2713,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2798,
SUBSTITUTE HOUSE BILL NO. 2846,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2884,
and the same are herewith transmitted.
Tony M. Cook, Secretary
March 1, 2000
Mr. Speaker:
The Senate has passed SUBSTITUTE SENATE BILL NO. 6399, and the same is herewith transmitted.
Tony M. Cook, Secretary
RESOLUTION
HOUSE RESOLUTION NO. 2000-4775, by Representatives Linville, Quall, Reardon, Cooper, Ericksen, Morris, Koster, Lambert, Buck, Fisher, Stensen, Rockefeller, Haigh, Kenney, Benson, Thomas, Wensman, Pflug, Dunn and Barlean
WHEREAS, A tragic gasoline-pipeline leak and explosion last summer claimed the lives of two boys and a young man who were playing and fishing in Whatcom Falls Park in Bellingham; and
WHEREAS, Four other young people -- Jereme Bounds, Tyrome Francisco, Andrew Tsiorvas, and Akilah Williams -- put aside their own fear, safety, and comfort to do everything they possibly could to help the two boys who were victims of the nightmarish pipeline explosion; and
WHEREAS, In rightful commemoration of their fearless, quick-minded actions, Jereme, Tyrome, Andrew, and Akilah are all very deserving recipients of the prestigious 1999 Youth Good Samaritan Special Group Award; and
WHEREAS, This Good Samaritan recognition, which is sponsored by Puget Sound Energy and Western Washington University, salutes the spirit, bravery, and determination of these four friends, including Andrew, whose younger brother was one of the lives lost in the tragedy; and
WHEREAS, For their tremendous courage, these four wonderful friends were also very appropriately praised at the 1999 Real Heroes Breakfast sponsored by the American Red Cross; and
WHEREAS, Immediately following the pipeline explosion, the four friends knew what had to be done -- Jereme, Tyrome, and Andrew searching the creek area near which the two boys had been playing, and Akilah keeping the situation calm in her parents' home where the friends, like that day, so often gather; and
WHEREAS, Their heart and their heroism in the face of indescribable horror stand as authentic testament to the power of one's unflagging fidelity to one's family, one's friends, and one's community;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor and commend the moving courage and the inspiring presence of mind of four of Washington's very finest -- Jereme Bounds, Tyrome Francisco, Andrew Tsiorvas, and Akilah Williams; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to the families of these four very special young people.
Representative Linville moved adoption of the resolution.
Representative Linville spoke in favor of the adoption of the resolution.
House Resolution No. 2000-4775 was adopted.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
Speaker Chopp assumed the chair.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
ENGROSSED SUBSTITUTE SENATE BILL NO. 6149, by Senate Committee on Natural Resources, Parks & Recreation (originally sponsored by Senators Jacobsen, T. Sheldon and Rasmussen; by request of Commissioner of Public Lands)
Allowing the disposition of state forest lands without public auction.
The bill was read the second time.
There being no objection, amendment (601) 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 Regala and Buck spoke in favor of passage of the bill.
MOTION
On motion of Representative Wolfe, Representatives Kenney and Lambert were excused.
Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6149.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6149 and the bill 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, Kessler, Koster, Lambert, Lantz, 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.
Excused: Representatives Kenney and Linville - 2.
Engrossed Substitute Senate Bill No. 6149, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6294, by Senate Committee on Natural Resources, Parks & Recreation (originally sponsored by Senators Jacobsen, Haugen and Oke)
Creating the aquatic nuisance species committee.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on Natural Resources were adopted. (For committee amendments, see Journal, 46th Day, February 24, 2000.)
Representative Talcott moved the adoption of the following amendment (603):
On page 2, line 11, after "(b)" strike everything down to and including "an" on line 12 and insert "Make recommendations to the legislature on statutory provisions for classifying and regulating"
Representatives Talcott and Carrell spoke in favor of the adoption of the amendment.
Representatives Regala, Buck and Pennington spoke against the adoption of the amendment.
The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Regala, McDonald and Buck spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 6294, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6294, as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.
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, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.
Voting nay: Representative Ericksen - 1.
Excused: Representative Kenney - 1.
Substitute Senate Bill No. 6294, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6732, by Senate Committee on State & Local Government (originally sponsored by Senators Spanel, Haugen and Sellar)
Clarifying the definition of "tourism-related facility."
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 Morris, Mulliken and Mulliken (again) spoke in favor of passage of the bill.
Representative Thomas spoke against the passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6732.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6732 and the bill passed the House by the following vote: Yeas - 79, Nays - 18, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kessler, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, Mielke, Miloscia, Morris, Mulliken, Murray, O'Brien, Ogden, Poulsen, Quall, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, H. Sommers, Stensen, Sullivan, Talcott, Tokuda, Van Luven, Veloria, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 79.
Voting nay: Representatives Boldt, Delvin, Dunn, Esser, Koster, Lambert, McMorris, Mitchell, Parlette, Pennington, Pflug, Radcliff, Schindler, D. Sommers, Sump, Thomas, Wensman and Woods - 18.
Excused: Representative Kenney - 1.
Engrossed Substitute Senate Bill No. 6732, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5924, by Senate Committee on Commerce, Trade, Housing & Financial Institutions (originally sponsored by Senators Jacobsen, Honeyford and Gardner)
Modifying real estate appraiser laws.
The bill was read the second time.
Representative Benson moved the adoption of the following amendment (587):
On page 4, line 25, after "advice" strike "and approval"
Representative Benson spoke in favor of adoption of the amendment.
Representative Hatfield spoke against the adoption of the amendment.
Division was demanded. Speaker Chopp divided the House. The result of the division was 43-YEAS; 54-NAYS. The amendment was not adopted.
Representative McIntire moved the adoption of the following amendment (611):
On page 7, line 2, after "policy" insert ". One member shall be an individual engaged in mass appraisal whose duties are concerned with ad valorem appraisal management and policy and who is licensed or certified under this chapter"
Representative McIntire spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Hankins moved the adoption of the following amendment (605):
On page 1, strike all of section 1.
On page 4, line 26, strike "commission" and insert "committee"
On page 4, line 38, strike "commission" and insert "committee"
On page 5, line 10, strike "((advisory committee)) commission" and insert "committee"
On page 5, line 14, strike "commission" and insert "committee" On page 5, line 17, strike "((advisory committee)) commission" and insert "committee"
On page 6, beginning on line 4, strike "(( committee)) commission" and insert "committee"
On page 6, line 11, strike "(( committee)) commission" and insert "committee"
On page 6, line 18, strike "commission" and insert "committee"
On page 6, line 20, strike "commission" and insert "committee"
On page 6, line 23, strike "predecessor"
On page 6, line 26, strike "commission" and insert "committee"
On page 6, line 28, strike "commission" and insert "committee"
On page 6, line 30, strike "commission" and insert "committee"
On page 6, line 31, strike "commission" and insert "committee"
On page 6, line 32, strike "commission" and insert "committee"
On page 6, line 34, strike "commission" and insert "committee"
On page 6, line 37, strike "commission" and insert "committee"
On page 7, line 4, strike "commission" and insert "committee"
On page 7, line 6, strike "commission" and insert "committee"
On page 7, line 8, strike "commission" and insert "committee"
On page 7, line 11, strike "commission" and insert "committee"
On page 7, line 19, strike "commission" and insert "committee"
On page 7, line 23, strike "commission" and insert "committee"
Representative Hankins spoke in favor of the adoption of the amendment.
Representative Hatfield spoke against the adoption of the amendment.
Division was demanded. Speaker Chopp divided the House. The result of the division was 48-YEAS; 49-NAYS. The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McIntire spoke in favor of passage of the bill.
Representatives Pennington spoke against passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 5924, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5924, as amended by the House, and the bill passed the House by the following vote: Yeas - 67, Nays - 30, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, G. Chandler, Cody, Constantine, Conway, Cooper, Cox, DeBolt, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Hurst, Kagi, Kastama, Keiser, Kessler, Lantz, Linville, Lovick, Mastin, McDonald, McIntire, Mielke, Miloscia, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 67.
Voting nay: Representatives Benson, Carrell, B. Chandler, Clements, Crouse, Delvin, Ericksen, Esser, Fortunato, Hankins, Huff, Koster, Lambert, Lisk, McMorris, Mitchell, Mulliken, Parlette, Pennington, Pflug, Schindler, Skinner, D. Sommers, Sump, Talcott, Thomas, Van Luven, Wensman, Woods and Mr. Speaker Ballard - 30.
Excused: Representative Kenney - 1.
Substitute Senate Bill No. 5924, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6264, by Senate Committee on Transportation (originally sponsored by Senators Eide, Costa, Swecker, Gardner, Kohl-Welles, Shin, Patterson, Brown, Haugen, Jacobsen, McAuliffe, Sheahan, Rasmussen, Fairley, Goings and Franklin)
Establishing intermediate drivers' licenses.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on Transportation were before the House for purpose of amendment. (For committee amendments, see Journal, 47th Day, February 25, 2000.)
Representative Lambert moved the adoption of the following amendment (569) to the committee amendment:
On page 2, line 14 of the amendment, after "of" strike "12" and insert "1"
Representative Lambert spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Ericksen moved the adoption of the following amendment (613) to the committee amendment:
On page 2, line 14 of the amendment, after "when" insert ":
(a)"
On page 2, line 16 of the amendment, after "age" insert the following:
";
(b) The holder is driving between the holder's home and place of employment;
(c) The holder is driving between the holder's home and a public, private, or home school event for which no other transportation is available;
(d) The holder is driving for employment purposes; or
(e) The holder is not an employee of a farm, but is moving a vehicle from one farm to another, or to a farm employee "
On page 2, after line 26 of the amendment, insert the following:
"(7) An intermediate licensee may drive at any hour without restriction on the number of passengers in the vehicle if required due to an emergency.
(8) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if required by family necessity as evidenced by a signed statement of a parent or guardian. The note must be dated and is effective for only one day."
Representatives Ericksen, Benson, Lambert, Hatfield and Ericksen (again) spoke in favor of the adoption of the amendment.
Representatives Fisher, Radcliff, DeBolt, Kagi, Schual-Berke, Radcliff (again) and Lovick spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Hatfield moved the adoption of the following amendment (579) to the committee amendment:
On page 2, after line 26 of the amendment, insert the following:
"(7) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if, for the twelve-month period following the issuance of the intermediate license, he or she:
(a) Has not been involved in an automobile accident; and
(b) Has not been convicted or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate licensee under section 2 of this act."
Representatives Hatfield, McDonald, DeBolt, Anderson, Cooper and Dickerson spoke in favor of the adoption of the amendment.
Representative Schual-Berke spoke against the adoption of the amendment.
The amendment was adopted.
There being no objection, amendment (584) was withdrawn.
Representative Radcliff moved the adoption of the following amendment (609) to the committee amendment:
On page 2, after line 26 of the amendment, insert the following:
"(7) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if required due to an emergency.
(8) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if required by family necessity as evidenced by a signed statement of a parent or guardian. The note must be dated and is effective for only one day."
Representatives Radcliff and Hatfield spoke in favor of the adoption of the amendment.
The amendment was adopted.
There being no objection, amendment (561) was withdrawn.
Representative Fortunato moved the adoption of the following amendment (592) to the committee amendment:
On page 3, line 6 of the amendment, after "first" insert ", and mail the parent or guardian of the person a notification of the suspension"
On page 3, line 9 of the amendment, after "age" insert ", and mail the parent or guardian of the person a notification of the suspension"
Representative Fortunato spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Hatfield moved the adoption of the following amendment (580) to the committee amendment:
On page 13, after line 20 of the amendment, insert the following:
"Sec. 15. RCW 46.61.165 and 1999 c 206 s 1 are each amended to read as follows:
The state department of transportation and the local authorities are authorized to reserve all or any portion of any highway under their respective jurisdictions, including any designated lane or ramp, for the exclusive or preferential use of public transportation vehicles or private motor vehicles carrying no fewer than a specified number of passengers when such limitation will increase the efficient utilization of the highway or will aid in the conservation of energy resources. Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all times or at specified times of day or on specified days. Violation of a restriction of highway usage prescribed by the appropriate authority under this section is a traffic infraction. Regulations adopted by the department under this section shall provide that holders of intermediate driver’s licenses who are prohibited from carrying passengers under the age of twenty by section 2(2) of this act may operate a motor vehicle in high occupancy vehicle lanes regardless of the number of occupants in the vehicle."
Renumber remaining sections and correct internal references accordingly.
Representatives Hatfield, Wensman, Schoesler and DeBolt spoke in favor of the adoption of the amendment.
Representatives Radcliff, Cooper, Fisher, Rockefeller and Mitchell spoke against the adoption of the amendment.
Division was demanded. Speaker Chopp divided the House. The result of the division was 31-YEAS; 66-NAYS. The amendment was not adopted.
There being no objection, amendment (581) was withdrawn.
Representative Hatfield moved the adoption of the following striking amendment (610) to the committee amendment:
On page 1, beginning on line 7 of the amendment, strike the remainder of the amendment and insert the following:
"Sec. 1. RCW 46.20.100 and 1999 c 274 s 14 are each amended to read as follows:
(1) Application. The application of a person under the age of eighteen years for a driver's license or a motorcycle endorsement must be signed by a parent or guardian with custody of the minor. If the person under the age of eighteen has no father, mother, or guardian, then the application must be signed by the minor's employer.
(2) Requirements. In order to qualify for a driver's license, a person under the age of eighteen must:
(a) Have possessed a valid instruction permit for a period of not less than six months;
(b) Have passed a driver licensing examination administered by the department under RCW 46.20.120;
(c) Have passed a course of driver's education in accordance with the standards established in subsection (3) of this section;
(d) Present certification by his or her parent, guardian, or employer to the department stating (i) that the applicant has had at least fifty hours of driving experience, ten of which were at night, during which the driver was supervised by a person at least twenty-one years of age who has had a valid driver's license for at least three years, and (ii) that the applicant has not been issued a notice of traffic infraction or cited for a traffic violation that is pending at the time of the application for the license;
(e) Not have been convicted of or found to have committed a traffic violation within the last six months before the application for the license; and
(f) Not have been adjudicated for an offense involving the use of alcohol or drugs during the period the applicant held an instruction permit.
(3) Traffic safety education requirement. For a person under the age of eighteen years to obtain a driver's license he or she must meet the traffic safety education requirements of this subsection.
(a) To meet the traffic safety education requirement for a driver's license the applicant must satisfactorily complete a traffic safety education course as defined in RCW 28A.220.020. The course must meet the standards established by the office of the state superintendent of public instruction. The traffic safety education course may be provided by:
(i) A recognized secondary school; or
(ii) A commercial driving enterprise that is annually approved by the office of the superintendent of public instruction.
(b) To meet the traffic safety education requirement for a motorcycle endorsement, the applicant must successfully complete a motorcycle safety education course that meets the standards established by the department of licensing.
(c) The department may waive the traffic safety education requirement for a driver's license if the applicant demonstrates to the department's satisfaction that:
(i) He or she was unable to take or complete a traffic safety education course;
(ii) A need exists for the applicant to operate a motor vehicle; and
(iii) He or she has the ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property.
The department may adopt rules to implement this subsection (((2))) (3)(c) in concert with the supervisor of the traffic safety education section of the office of the superintendent of public instruction.
(d) The department may waive the traffic safety education requirement if the applicant was licensed to drive a motor vehicle or motorcycle outside this state and provides proof that he or she has had education equivalent to that required under this subsection.
Sec. 2. RCW 28A.220.030 and 1979 c 158 s 196 are each amended to read as follows:
(1) The superintendent of public instruction ((is authorized to)) shall establish a section of traffic safety education, and through such section shall: Define a "realistic level of effort" required to provide an effective traffic safety education course, establish a level of driving competency required of each student to successfully complete the course, and ensure that an effective state-wide program is implemented and sustained, administer, supervise, and develop the traffic safety education program and shall assist local school districts in the conduct of their traffic safety education programs. The superintendent shall adopt necessary rules and regulations governing the operation and scope of the traffic safety education program; and each school district shall submit a report to the superintendent on the condition of its traffic safety education program((: PROVIDED, That)). The superintendent shall monitor the quality of the program and carry out the purposes of this chapter.
(2) Effective September 1, 2000, the traffic safety education curriculum established by the superintendent under subsection (1) of this section must include a comprehensive driving skills test and individual knowledge test that a student must pass in order to receive a passing grade from a traffic safety education class.
(3) The superintendent shall establish a required minimum number of hours of continuing traffic safety education for traffic safety education instructors. The superintendent may phase in the requirement over not more than five years from the effective date of this act.
(4) The board of directors of any school district maintaining a secondary school which includes any of the grades 10 to 12, inclusive, may establish and maintain a traffic safety education course. If a school district elects to offer a traffic safety education course and has within its boundaries a private accredited secondary school which includes any of the grades 10 to 12, inclusive, at least one class in traffic safety education shall be given at times other than regular school hours if there is sufficient demand therefor.
(((3))) (5) The board of directors of a school district, or combination of school districts, may contract with any drivers' school licensed under the provisions of chapter 46.82 RCW to teach the laboratory phase of the traffic safety education course. Instructors provided by any such contracting drivers' school must be properly qualified teachers of traffic safety education under the joint qualification requirements adopted by the superintendent of public instruction and the director of licensing.
Sec. 3. RCW 46.82.290 and 1979 ex.s. c 51 s 2 are each amended to read as follows:
(1) The director ((shall be)) is responsible for the administration and enforcement of the law pertaining to driver training schools as set forth in this chapter.
(2) The director ((is authorized to)) may adopt and enforce such reasonable rules as may be consistent with and necessary to carry out this chapter.
(3) The director shall adopt a driver training curriculum established by the superintendent of public instruction. The curriculum must include a comprehensive driving skills test that a student must pass in order to receive a certificate of completion from a driver training school.
Sec. 4. RCW 28A.220.040 and 1984 c 258 s 331 are each amended to read as follows:
(1) Each school district shall be reimbursed from funds appropriated for traffic safety education((: PROVIDED, That)).
(a) The state superintendent shall determine the per-pupil reimbursement amount for the traffic safety education course to be funded by the state. Each school district offering an approved standard traffic safety education course shall be reimbursed or granted an amount up to the level established by the superintendent of public instruction as may be appropriated.
(b) The state superintendent may provide per-pupil reimbursements to school districts only where all the traffic educators have satisfied the continuing education requirement of RCW 28A.220.030(3).
(2) The board of directors of any school district or combination of school districts may establish a traffic safety education fee, which fee when imposed shall be required to be paid by any duly enrolled student in any such school district prior to or while enrolled in a traffic safety education course. Traffic safety education fees collected by a school district shall be deposited with the county treasurer to the credit of such school district, to be used to pay costs of the traffic safety education course.
Sec. 5. RCW 46.20.091 and 1999 c 6 s 14 are each amended to read as follows:
(1) Application. In order to apply for a driver's license or instruction permit the applicant must provide his or her:
(a) Name of record, as established by documentation required under RCW 46.20.035;
(b) Date of birth, as established by satisfactory evidence of age;
(c) Sex;
(d) Washington residence address;
(e) Description;
(f) Driving licensing history, including:
(i) Whether the applicant has ever been licensed as a driver or chauffeur and, if so, (A) when and by what state or country; (B) whether the license has ever been suspended or revoked; and (C) the date of and reason for the suspension or revocation; or
(ii) Whether the applicant's application to another state or country for a driver's license has ever been refused and, if so, the date of and reason for the refusal; ((and))
(g) Driver training history and, if received, where; and
(h) Any additional information required by the department.
(2) Sworn statement. An application for an instruction permit or for an original driver's license must be made upon a form provided by the department. The identifying documentation verifying the name of record must be accompanied by the applicant's written statement that it is valid. The information provided on the form must be sworn to and signed by the applicant before a person authorized to administer oaths. An applicant who makes a false statement on an application for a driver's license or instruction permit is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.
(3) Driving records from other jurisdictions. If a person previously licensed in another jurisdiction applies for a Washington driver's license, the department shall request a copy of the applicant's driver's record from the other jurisdiction. The driving record from the other jurisdiction becomes a part of the driver's record in this state.
(4) Driving records to other jurisdictions. If another jurisdiction requests a copy of a person's Washington driver's record, the department shall provide a copy of the record. The department shall forward the record without charge if the other jurisdiction extends the same privilege to the state of Washington. Otherwise the department shall charge a reasonable fee for transmittal of the record.
NEW SECTION. Sec. 6. A new section is added to chapter 46.20 RCW to read as follows:
If a novice driver is convicted of or found to have committed one or more of the traffic offenses listed in subsection (2) or (4) of this section or two or more of the traffic offenses listed in subsection (3) of this section, his or her driving privilege is subject to the restrictions detailed in subsection (1) of this section. For purposes of this section "novice driver" means a driver who is within two years of the date he or she was licensed to drive.
(1) The department shall restrict the driving privilege of a novice driver who commits the violations described in subsection (2), (3), or (4) of this section as follows:
(a) The novice driver may only drive unsupervised between the hours of five a.m. and ten p.m. At all other times the novice driver must be supervised. While being supervised, the novice driver must be accompanied by a parent, guardian, or other person twenty-one years of age or older with at least five years of driving experience. The supervisor must possess a valid driver's license. The supervisor must be the only other occupant of the front passenger section of the vehicle.
(b) The novice driver may not operate a motor vehicle that is carrying any passengers under the age of twenty who are not members of the novice driver's immediate family as defined in RCW 42.17.020.
(c) The department shall impose the restrictions of this subsection (1) for one year.
(d) A novice driver whose license has been restricted under this section may drive at any hour without restriction on the number of passengers in the vehicle if required due to an emergency.
(e) A novice driver whose license has been restricted under this section may drive at any hour without restrictions on the number of passengers in the vehicle if required by family necessity as evidenced by a signed statement of a parent or guardian. The note must be dated and is effective for only one day.
(f) Operating a motor vehicle in violation of the restrictions of this section is a traffic infraction.
(2) If a novice driver is convicted of or found to have committed one or more of the traffic offenses listed in this subsection, the department shall restrict his or her license as described in subsection (1) of this section:
(a) RCW 46.30.040: False insurance evidence;
(b) RCW 46.61.015, 46.61.020, or 46.61.021: Failure to respond or comply with officer;
(c) RCW 46.61.050 or 46.61.340 through 46.61.385: Failure to stop;
(d) RCW 46.61.070: Wrong way in reversible lane;
(e) RCW 46.61.100, 46.61.105, 46.61.110, 46.61.120, 46.61.125, 46.61.130, or 46.61.140: Driving on wrong side of road/failure to stay in lane;
(f) RCW 46.61.105 or 46.61.120: Illegal overtaking or passing;
(g) RCW 46.61.135: Wrong way on a one-way street;
(h) RCW 46.61.145: Following too closely;
(i) RCW 46.61.150: Improperly crossing median;
(j) RCW 46.61.180 through 46.61.220: Failure to yield right-of-way;
(k) RCW 46.61.245 or 46.61.445: Failure to use due care;
(l) RCW 46.61.260: Driving in safety zone;
(m) RCW 46.61.370: Passing stopped school bus;
(n) RCW 46.61.400 or 46.61.440: Driving ten miles or more over the speed limit;
(o) RCW 46.61.400: Driving too fast for conditions;
(p) RCW 46.61.519: Open container violation;
(q) RCW 46.61.5195: Disguising an alcoholic beverage container;
(r) RCW 46.61.5249 and 46.61.525: Negligent driving;
(s) RCW 46.61.608: Failure to give motorcycle full use of lane;
(t) RCW 46.61.385: Failure to stop for school patrol;
(u) RCW 46.61.660: Carrying persons outside vehicle;
(v) RCW 46.61.665: Embracing while driving;
(w) RCW 46.61.675: Permitting illegal vehicle operation; and
(x) RCW 46.61.685: Unattended child in running vehicle.
(3) If a novice driver is convicted of or found to have committed two or more of the traffic offenses listed in this subsection, the department must restrict his or her license as described in subsection (1) of this section:
(a) RCW 46.20.017: No license on person;
(b) RCW 46.29.605: Driving with suspended registration;
(c) RCW 46.30.020: Driving without liability insurance;
(d) RCW 46.37.010: Defective equipment;
(e) RCW 46.37.010: Illegal lights or other equipment;
(f) RCW 46.37.020: Driving without lights;
(g) RCW 46.61.015 or 46.61.050: Disobeying road sign other than a stop or yield sign or signaler or officer;
(h) RCW 46.61.100: Improper lane change;
(i) RCW 46.61.100 (3) or (4) or 46.61.425: Impeding traffic;
(j) RCW 46.61.155: Improper access to limited access highway;
(k) RCW 46.61.235: Failure to stop for pedestrian;
(l) RCW 46.61.261, 46.61.428, or 46.61.606: Driving on shoulder or sidewalk;
(m) RCW 46.61.290 through 46.61.305: Improper or prohibited turn;
(n) RCW 46.61.295: Improper U-turn;
(o) RCW 46.61.300: Starting vehicle illegally;
(p) RCW 46.61.305: Failure to use or improper signal;
(q) RCW 46.61.400: Speeding less than ten miles over limit;
(r) RCW 46.61.600: Improperly secured vehicle;
(s) RCW 46.61.605: Improper backing;
(t) RCW 46.61.615: Obstructed vision or control;
(u) RCW 46.61.630: Coasting on downgrade;
(v) RCW 46.61.635: Following emergency vehicles;
(w) RCW 46.61.640: Crossing fire hose;
(x) RCW 46.61.645: Throwing dangerous material on roadway;
(y) RCW 46.61.655: Improperly secured or covered load;
(z) RCW 46.61.670: Wheels off roadway;
(aa) RCW 46.61.680: Lowering vehicle below legal clearance;
(bb) RCW 46.61.687: Child restraint violation; and
(cc) RCW 46.61.688: Seat belt violation.
(4) If a novice driver's driving privilege is withheld under any of the sections listed in this subsection, his or her license is subject to the restrictions in subsection (1) of this section if and when the driving privilege is reinstated.
(a) RCW 46.20.041: Violating driver's license restrictions;
(b) RCW 46.20.0921: Fraudulent application, alteration, or display of driver's license;
(c) RCW 46.20.265: Minor in possession of alcohol or drugs;
(d) RCW 46.20.265: Minor in possession of a firearm;
(e) Section 7 of this act: Novice driver violating chapter 46.61 RCW;
(f) RCW 46.20.285: Conviction of a felony involving a motor vehicle;
(g) RCW 46.20.289: Failure to appear/unpaid traffic ticket;
(h) RCW 46.20.291: Multiple violations within a specified time period;
(i) RCW 46.20.3101: Refusal to submit to breath or blood alcohol test;
(j) RCW 46.20.342: Driving while license is suspended or revoked;
(k) Chapter 46.29 RCW other than RCW 46.29.605: Violation of financial responsibility laws;
(l) RCW 46.52.020: Hit and run, vehicle attended;
(m) RCW 46.61.024: Eluding police;
(n) RCW 46.61.500: Reckless driving;
(o) RCW 46.61.502: Driving under the influence;
(p) RCW 46.61.504: Physical control of a motor vehicle while under the influence;
(q) RCW 46.61.5055: Violating probation for DUI conviction;
(r) RCW 46.61.5056: Failure to meet requirements of court-ordered drug or alcohol treatment program, e.g., failure to submit alcohol report, failure to comply with treatment program, relapse;
(s) RCW 46.61.520: Vehicular homicide;
(t) RCW 46.61.522: Vehicular assault;
(u) RCW 46.61.527: Reckless endangerment in a construction zone;
(v) RCW 46.61.530: Racing;
(w) Chapter 46.65 RCW: Habitual traffic offender, twenty moving violations in five years.
(5) If the driving privilege of a novice driver under the age of eighteen is restricted under this section, the department shall mail a written notice to the parent or guardian of the person notifying them that the novice driver's license has been restricted under this section or suspended under section 7 of this act.
(6) Enforcement of the driving restrictions of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.
NEW SECTION. Sec. 7. A new section is added to chapter 46.20 RCW to read as follows:
If a novice driver's license has been restricted under section 6 of this act and he or she is convicted of or found to have committed a traffic offense described in chapter 46.61 RCW, in addition to the offense or offenses that caused the novice driver's license to be restricted, or violated restrictions placed on a novice driver's license under section 6 of this act:
(1) On the first such conviction or finding, the department shall suspend the driver's license for a period of six months;
(2) On the second such conviction or finding, the department shall suspend the driver's license for one year.
Sec. 8. RCW 46.20.105 and 1987 c 463 s 3 are each amended to read as follows:
(1) The department may provide a method to distinguish the driver's license of a person who is under the age of twenty-one from the driver's license of a person who is twenty-one years of age or older.
(2) An instruction permit must be identified as an "instruction permit" and issued in a distinctive form as determined by the department.
(3) A novice driver's license must be identified as a "novice driver's license" and issued in a distinctive form as determined by the department.
Sec. 9. RCW 46.20.311 and 1998 c 212 s 1 are each amended to read as follows:
(1)(a) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.342 or other provision of law. Except for a suspension under section 7 of this act, RCW 46.20.289, 46.20.291(5), or 74.20A.320, whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order, the suspension shall remain in effect until the person provides a release issued by the department of social and health services stating that the person is in compliance with the order.
(b)(i) The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars.
(ii) If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be one hundred fifty dollars.
(2)(a) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (i) After the expiration of one year from the date the license or privilege to drive was revoked; (ii) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (iii) after the expiration of two years for persons convicted of vehicular homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265.
(b)(i) After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars.
(ii) If the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be one hundred fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified.
(c) Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.
(3)(a) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars.
(b) If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (i) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (ii) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be one hundred fifty dollars.
Sec. 10. RCW 46.20.342 and 1999 c 274 s 3 are each amended to read as follows:
(1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver's license is not guilty of a violation of this section.
(a) A person found to be an habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.
(b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which a motor vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver's license;
(v) A conviction of RCW ((46.20.420)) 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.500, relating to reckless driving;
(ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;
(x) A conviction of RCW 46.61.520, relating to vehicular homicide;
(xi) A conviction of RCW 46.61.522, relating to vehicular assault;
(xii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;
(xiii) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;
(xiv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;
(xv) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;
(xvi) An administrative action taken by the department under chapter 46.20 RCW; or
(xvii) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection.
(c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, ((or)) (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under section 7 of this act relating to novice drivers' licenses, or any combination of (i) through (((vi))) (vii), is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.
(2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:
(a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1) (a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.
NEW SECTION. Sec. 11. A new section is added to chapter 28A.220 RCW to read as follows:
The superintendent of public instruction, in consultation with the department of licensing, shall adopt rules for implementing RCW 46.20.100(2)(d).
NEW SECTION. Sec. 12. This act takes effect July 1, 2001."
Correct the title.
Representatives Hatfield, DeBolt, Fortunato, Stensen, Dickerson, Hurst and Cooper spoke in favor of the adoption of the striking amendment.
Representatives McDonald, Lovick, Eickmeyer, Schual-Berke and Schindler spoke against the adoption of the striking amendment.
Representative Morris demanded the previous question and the demanded was sustained.
Division was demanded. Speaker Chopp divided the House. The result of the division was 44-YEAS; 53-NAYS. The striking amendment was not adopted.
There being no objection, the committee amendment as amended 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 McDonald, McIntire, Schmidt, Ogden, Lovick, Talcott, Milsocia, Fisher and Mulliken spoke in favor of passage of the bill.
Representatives Hatfield, Cox, Buck, Ericksen, Dunn, Kessler, DeBolt and Clements spoke against passage of the bill.
Representative Morris demanded the previous question and the demand was sustained.
Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6264, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6264, as amended by the House, and the bill passed the House by the following vote: Yeas - 66, Nays - 31, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Bush, Cairnes, Campbell, Carlson, Carrell, G. Chandler, Cody, Conway, Cooper, Crouse, Delvin, Edmonds, Edwards, Eickmeyer, Fisher, Fortunato, Gombosky, Haigh, Hankins, Hurst, Kagi, Kastama, Keiser, Lantz, Linville, Lovick, McDonald, McIntire, Miloscia, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pflug, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schual-Berke, Scott, Skinner, D. Sommers, Stensen, Sullivan, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wolfe, Wood, Woods and Mr. Speaker Chopp - 66.
Voting nay: Representatives Boldt, Buck, B. Chandler, Clements, Constantine, Cox, DeBolt, Dickerson, Doumit, Dunn, Dunshee, Ericksen, Esser, Grant, Hatfield, Huff, Kessler, Koster, Lambert, Lisk, Mastin, McMorris, Mielke, Murray, Pennington, Poulsen, Schoesler, H. Sommers, Sump, Wensman and Mr. Speaker Ballard - 31.
Excused: Representative Kenney - 1.
Engrossed Substitute Senate Bill No. 6264, as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6375, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Hargrove, Franklin, Stevens, Kohl-Welles, Winsley, Costa and McAuliffe)
Clarifying timelines, information sharing, and evidentiary standards in mental health competency procedures.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on Judiciary were not adopted. (For committee amendments, see Journal, 47th Day, February 25, 2000.)
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 Hurst spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 6375.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6375, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
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, 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.
Excused: Representative Kenney - 1.
Substitute Senate Bill No. 6375, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6781, by Senate Committee on Agriculture & Rural Economic Development (originally sponsored by Senators Rasmussen and Morton)
Modifying provisions concerning the management of dairy nutrients.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on Agriculture & Ecology were before the House for purpose of amendment. (For committee amendments, see Journal, 47th Day, February 25, 2000.)
Representative Linville moved the adoption of the following amendment (598) to the amendment:
On page 1, line 32 of the amendment, after "by" strike everything down to and including "senate" on line 34 and insert "a state-wide organization representing environmental interests"
Representatives Linville and B. Chandler spoke in favor of the adoption of the amendment.
The amendment was adopted.
There being no objection, the committee amendment as amended 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 Linville and B. Chandler spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 6781, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6781, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
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, 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.
Excused: Representative Kenney - 1.
Substitute Senate Bill No. 6781, as amended by the House, having received the constitutional majority, was declared passed.
RECONSIDERATION
There being no objection, the House reconsidered the vote by which Substitute Senate Bill No. 6294 passed the House.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 6294, on reconsideration.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6294, on reconsideration, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
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, 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.
Excused: Representative Kenney - 1.
Substitute Senate Bill No. 6294, on reconsideration, having received the constitutional majority, was declared passed.
SIGNED BY THE SPEAKERS
The Speakers announced they were signing:
ENGROSSED HOUSE BILL NO. 1711,
SUBSTITUTE HOUSE BILL NO. 2022,
ENGROSSED HOUSE BILL NO. 2322,
ENGROSSED HOUSE BILL NO. 2334,
SUBSTITUTE HOUSE BILL NO. 2358,
SUBSTITUTE HOUSE BILL NO. 2367,
SUBSTITUTE HOUSE BILL NO. 2410,
SUBSTITUTE HOUSE BILL NO. 2423,
SUBSTITUTE HOUSE BILL NO. 2493,
SUBSTITUTE HOUSE BILL NO. 2528,
ENGROSSED HOUSE BILL NO. 2559,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2589,
SUBSTITUTE HOUSE BILL NO. 2590,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2617,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2798,
SUBSTITUTE HOUSE BILL NO. 2846,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2884,
SUBSTITUTE HOUSE BILL NO. 2899,
HOUSE JOINT MEMORIAL NO. 4022,
ENGROSSED SENATE BILL NO. 5152,
SUBSTITUTE SENATE BILL NO. 5366,
SUBSTITUTE SENATE BILL NO. 5408,
ENGROSSED SENATE BILL NO. 5667,
SUBSTITUTE SENATE BILL NO. 5932,
SUBSTITUTE SENATE BILL NO. 6147,
SUBSTITUTE SENATE BILL NO. 6182,
SUBSTITUTE SENATE BILL NO. 6276,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6347,
SUBSTITUTE SENATE BILL NO. 6349,
SUBSTITUTE SENATE BILL NO. 6643,
SUBSTITUTE SENATE BILL NO. 6687,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8017,
SENATE JOINT MEMORIAL NO. 8019,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8026,
SECOND READING
SUBSTITUTE SENATE BILL NO. 6675, by Senate Committee on Energy, Technology & Telecommunications (originally sponsored by Senators Brown, Hochstatter, Hargrove, Costa and Sheahan; by request of Governor Locke)
Allowing public utility districts and rural port districts to provide telecommunications services.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on Technology, Telecommunication and Energy were before the House for purpose of amendment. (For committee amendments, see Journal, 47th Day, February 25, 2000.)
Representative Cooper moved the adoption of the following amendment (593) to the amendment:
On page 1, line 32 of the amendment, after "public" insert "and internet service providers"
On page 6, line 17 of the amendment, after "public" insert "and internet service providers"
Representatives Cooper and Crouse spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Cooper moved the adoption of the following amendment (595) to the amendment:
On page 2, line 7 of the amendment, after "needs;" insert "and"
On page 2, beginning on line 9 of the amendment, after "the" strike all material through "act." on line 16 of the amendment, and insert "district and by contract with another public utility district."
Correct any internal references accordingly.
Representatives Cooper, Crouse, Eickmeyer and Poulsen spoke in favor of the adoption of the amendment.
Representatives Thomas spoke twice against the adoption of the amendment.
Division was demanded. Speaker Chopp divided the House. The result of the division was 70-YEAS; 28-NAYS. The amendment was adopted.
There being no objection, amendment (571) was withdrawn.
Representative Thomas moved the adoption of the following amendment (572) to the amendment:
On page 3, after line 11 of the amendment, insert the following:
"(6)(a) If a qualified provider of telecommunications services gives written notice of a desire to acquire all of the facilities and services of a rural public utility district, the rural public utility district must place the facilities and services up for auction to the highest qualified bidder within one year of receipt of such written notice, provided:
(i) The bidder has at least as much capability as the rural public utility district or its contractor to construct, operate, and maintain the facilities and services;
(ii) The bidder offers a price that will allow the rural public utility district to recover all of its investments, including interest on capital that the bidder would have paid as a nongovernmental entity at the time of investment; and
(iii) The successful bidder must reserve sufficient capacity for the rural public utility district to allow for needs twenty years from the date of the sale at no more than the embedded cost of the facility or services, or as mutually agreed.
(b) The rural public utility district and successful bidder may enter into noncompete agreements or mutually agree on other conditions of the sale."
Renumber the remaining subsection consecutively and correct any internal references accordingly.
On page 7, after line 25 of the amendment, insert the following:
"(6)(a) If a qualified provider of telecommunications services gives written notice of a desire to acquire all of the facilities and services of a rural port district, the rural port district must place the facilities and services up for auction to the highest qualified bidder within one year of receipt of such written notice, provided:
(i) The bidder has at least as much capability as the rural port district or its contractor to construct, operate, and maintain the facilities and services;
(ii) The bidder offers a price that will allow the rural port district to recover all of its investments, including interest on capital that the bidder would have paid as a nongovernmental entity at the time of investment; and
(iii) The successful bidder must reserve sufficient capacity for the rural port district to allow for needs twenty years from the date of the sale at no more than the embedded cost of the facility or services, or as mutually agreed.
(b) The rural port district and a successful bidder may enter into noncompete agreements or mutually agree on other conditions of the sale."
Renumber the remaining subsection consecutively and correct any internal references accordingly.
Representative Thomas spoke in favor of the adoption of the amendment.
Representatives Poulsen and Crouse spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Thomas moved the adoption of the following amendment (573) to the amendment:
On page 3, after line 16 of the amendment, insert the following:
"(7) A public utility district may not provide telecommunications facilities if comparable telecommunications facilities exist to serve the same market or same customer."
On page 7, after line 30 of the amendment, insert the following:
"(7) A rural port district may not provide telecommunications facilities if comparable telecommunications facilities exist to serve the same market or same customer."
Representatives Thomas, Thomas (again), Ballard, Morris spoke in favor of the adoption of the amendment.
Representatives Poulsen, DeBolt and Poulsen (again) spoke against the adoption of the amendment.
Division was demanded. Speaker Chopp divided the House. The result of the division was 43-YEAS; 55-NAYS. The amendment was not adopted.
Representative Thomas moved the adoption of the following amendment (574) to the committee amendment:
On page 3, after line 16 of the amendment, insert the following:
"(7) A public utility district shall pay all applicable taxes including business and occupation tax on all telecommunications activities in accordance with RCW 82.04.220 and 82.04.065."
On page 7, after line 30 of the amendment, insert the following:
"(7) A rural port district shall pay all applicable taxes including business and occupation tax on all telecommunications activities in accordance with RCW 82.04.220 and 82.04.065."
Representative Thomas spoke in favor of the adoption of the amendment.
Representative Poulsen spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Thomas moved the adoption of the following amendment (575) to the committee amendment:
On page 3, after line 16 of the amendment, insert the following:
"(7) A public utility district shall not cross-subsidize revenues between telecommunications activities and any other activity of the public utility district."
On page 7, after line 30 of the amendment, insert the following:
"(7) A rural port district shall not cross-subsidize revenues between telecommunications activities and any other activity of the rural port district."
Representatives Thomas and Morris spoke in favor of the adoption of the amendment.
Representatives Poulsen and Crouse spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Thomas moved the adoption of the following amendment (576) to the committee amendment:
On page 4, beginning on line 1 of the amendment, strike all material through "services." on line 23, and insert the following:
"(2) A public utility district shall provide telecommunications facilities in the district only following approval of a majority of the voters in the district.
(3) The process for a public utility district to receive authority to provide telecommunications facilities is as follows:
(a) The commission of the public utility district shall pass a resolution stating the intent to provide telecommunications facilities in the district, and submit the resolution to the legislative authority of the county in which the district is located; and
(b) The legislative authority, upon receipt of the resolution of the rural port district commission, shall submit a proposal to the voters of the district at the next general election regarding the question of providing telecommunications facilities in the district in substantially the following terms:
Shall Public Utility District No. . . . . of . . . . . . . . County be authorized to sell and provide telecommunications facilities within the boundaries of the district?
Yes . . .
No . . .
Within ten days after such an election, the election board of the county shall canvass the returns, and if at such an election a majority of voters voting on the proposition shall vote in favor of such authority, the district shall have the powers to provide telecommunications facilities."
On page 8, beginning on line 14 of the amendment, strike all material through "services." on line 36, and insert the following:
"(2) A rural port district shall provide telecommunications facilities in the district only following approval of a majority of the voters in the district.
(3) The process for a rural port district to receive authority to provide telecommunications facilities is as follows:
(a) The commission of the rural port district shall pass a resolution stating the intent to provide telecommunications facilities in the district, and submit the resolution to the legislative authority of the county in which the district is located; and
(b) The legislative authority, upon receipt of the resolution of the rural port district commission, shall submit a proposal to the voters of the district at the next general election regarding the question of providing telecommunications facilities in the district in substantially the following terms:
Shall Port District No. . . . . of . . . . . . . . County be authorized to sell and provide telecommunications facilities within the boundaries of the district?
Yes . . .
No . . .
Within ten days after such an election, the election board of the county shall canvass the returns, and if at such an election a majority of voters voting on the proposition shall vote in favor of such authority, the district shall have the powers to provide telecommunications facilities."
Representative Thomas spoke in favor of the adoption of the amendment.
Representatives Poulsen and Cooper spoke against the adoption of the amendment.
Division was demanded. Speaker Chopp divided the House. The result of the division was 45-YEAS; 52-NAYS. The amendment was not adopted.
Representative Cooper moved the adoption of the following amendment (594) to the committee amendment:
Beginning on page 4, line 36 of the amendment, strike all of section 5 and insert the following:
"NEW SECTION. Sec. 5. A new section is added to chapter 54.16 RCW to read as follows:
(1) A person or entity that has requested wholesale telecommunications services from a public utility district may file a petition for review with that district's board of commissioners to review the rates, terms, and conditions of such service to ensure that such rates, terms, and conditions are not unduly discriminatory or preferential. The board of commissioners shall, in response to such petition, compile a record consisting of such rates, terms, and conditions, and such documentary evidence and statements of legal position as may be offered by the requesting entity, public utility district staff, and any interested party that shall intervene, and shall, based upon such record, issue a written order disposing of the petition for review. The board of commissioners may, at its option, entertain verbal testimony, which shall be included in the hearing record. The board of commissioners shall issue a written order disposing of the petition for review within ninety days of the date it was filed, provided that the board of commissioners may if necessary extend such deadline up to an additional ninety days.
(2) Any party aggrieved by an order issued by a board of commissioners under subsection (1) of this section may file a petition for review of the order in the court of appeals division in which the public utility district is located. The petition for review shall be served upon the public utility district and any other persons or entities made party to the proceedings under subsection (1) of this section. The board of commissioners shall transmit the written record compiled under subsection (1) of this section to the reviewing court and, upon delivery of such record, the reviewing court shall have exclusive jurisdiction to review the record and order to ensure that the rates, terms, and conditions of wholesale telecommunications service offered by the public utility district are not unduly discriminatory or preferential, and shall affirm the order of the board of commissioners or remand the order for further consideration by the board of commissioners. No objection to the order of the board of commissioners shall be entertained unless that objection shall first have been urged before the board of commissioners. The finding of the board of commissioners as to the facts, if any, shall be conclusive if supported by substantial evidence."
On page 10, beginning on line 9 of the amendment, strike all of section 10
Representative Cooper spoke in favor of the adoption of the amendment.
Representative Crouse and Poulsen spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Thomas moved the adoption of the following amendment (577) to the committee amendment:
On page 5, line 5 of the amendment, after "believes the" strike "district's" and insert "district has violated the provisions of this act or that the"
On page 9, line 16 of the amendment, after "believes the" strike "district's" and insert "district has violated the provisions of this act or that the"
Representative Thomas spoke in favor of the adoption of the amendment.
Representatives Poulsen and Crouse spoke against the adoption of the amendment.
The amendment was not adopted.
There being no objection, the committee amendment as amended 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 Poulsen, DeBolt, Cooper, Buck, Morris and Eickmeyer spoke in favor of passage of the bill.
Representatives Delvin and Thomas spoke against passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 6675, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6675, as amended by the House, and the bill passed the House by the following vote: Yeas - 70, Nays - 28, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Benson, Boldt, Buck, Bush, Campbell, Carlson, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Haigh, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Morris, Murray, O'Brien, Ogden, Pennington, Poulsen, Quall, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Scott, D. Sommers, H. Sommers, Stensen, Sump, Tokuda, Veloria, Wolfe, Wood, Woods and Mr. Speaker Chopp - 70.
Voting nay: Representatives Ballasiotes, Barlean, Cairnes, Carrell, B. Chandler, G. Chandler, Clements, Delvin, Dunn, Ericksen, Esser, Fortunato, Hankins, Koster, Lambert, Lisk, Mitchell, Mulliken, Parlette, Pflug, Radcliff, Skinner, Sullivan, Talcott, Thomas, Van Luven, Wensman and Mr. Speaker Ballard - 28.
Substitute Senate Bill No. 6675, as amended by the House, having received the constitutional majority, was declared passed.
STATEMENT FOR THE JOURNAL
I intended to vote YEA on Substitute Senate Bill No. 6675, as amended by the House.
JOYCE MULLIKEN, 13th District
ENGROSSED SUBSTITUTE SENATE BILL NO. 6277, by Senate Committee on Environmental Quality & Water Resources (originally sponsored by Senators B. Sheldon, Swecker, Jacobsen, Franklin, Morton, Costa, Fraser, Eide, Spanel, Thibaudeau and Kohl-Welles)
Authorizing cost-reimbursement agreements for leases and environmental permits.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on Agriculture & Ecology was before the House for purpose of amendment. (For committee amendments, see Journal, 47th Day, February 25, 2000.)
Representative Linville moved the adoption of the following amendment (628) to the committee amendment:
On page 2, line 4 of the amendment, after “permit." insert “The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant."
On page 3, line 9 of the amendment, after “lease." insert “The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant."
On page 4, line 11 of the amendment, after “permit." insert “The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant."
On page 5, line 13 of the amendment, after “permit." insert “The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant."
On page 6, line 15 of the amendment, after “permit." insert “The air pollution control authority shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant."
Representatives Linville and G. Chandler spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Morris moved the adoption of the following amendment (627) to the committee amendment:
On page 3, after line 24 of the amendment, insert the following:
"(4)(a) Until July 1, 2003, the use of state-owned aquatic lands for local public utility lines owned by a nongovernmental entity shall be granted by lease if the use is consistent with the purpose of RCW 79.90.450 through 79.90.460 and does not obstruct navigation or other public uses. The total charge for the term of the lease shall be the larger of (i) an amount equal to the diminution in the property value caused by locating the utility lines on the aquatic land, based on the appraised value of the land in its current use at the time of application for the lease, or (ii) five thousand dollars. The charge shall be paid in advance upon grant of the lease. The term of the lease shall be thirty years. In addition to the charge for the lease, the department may charge a fee that recovers its actual administrative expenses directly incurred in receiving an application for the lease, approving the lease, and reviewing plans for and construction of the utility lines. A final decision on existing applications for leases shall be made within one hundred twenty days. The department shall process and come to a final decision on a maximum of five new applications submitted by each nongovernmental entity per year. Upon request of the applicant, the department may reach a decision on an application within sixty days and charge an additional fee for such an expedited processing in the amount of ten percent of the total rent.
(b) The utilities and aquatic lands task force is created. The task force is composed of the following: Two members of the house of representatives, one from each major caucus, appointed by the co-speakers of the house of representatives; two members of the senate, one from each major caucus, appointed by the president of the senate; two members from the department of natural resources; one member from nonprofit electric utilities; and one member from investor-owned electric utilities. The utilities and aquatic lands task force shall study charges made for the lease or easement of aquatic lands for local public utility lines, and, by July 1, 2001, must recommend to the legislature any changes from current practice found appropriate."
Representatives Morris and Crouse spoke in favor of the adoption of the amendment.
Representative Dickerson requested a ruling on the Scope & Object of amendment (627).
There being no objection, the House deferred action on Engrossed Substitute Senate Bill No. 6277, and the bill held its place on the Second Reading calendar.
HOUSE BILL NO. 3105, by Representatives McDonald, Lantz, Talcott, Bush, Campbell, Huff and Kastama
Apportioning a sales and use tax for zoos, aquariums, wildlife preserves, and regional parks.
The bill was read the second time.
There being no objection, the substitute bill by the Committee on Finance was not adopted.
Representative Carrell moved the adoption of the following amendment (612):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.14.400 and 1999 c 104 s 1 are each amended to read as follows:
(1) Upon the joint request of a metropolitan park district ((and)), a city with a population of more than one hundred fifty thousand, and a county legislative authority in a county with a national park and a population of more than five hundred thousand and less than one million five hundred thousand ((may)), the county shall submit an authorizing proposition to the county voters, fixing and imposing a sales and use tax in accordance with this chapter for the purposes designated in subsection (((3))) (4) of this section and identified in the joint request. Such proposition must be placed on a ballot for a special or general election to be held no later than one year after the date of the joint request.
(2) The proposition is approved if it receives the votes of a majority of those voting on the proposition.
(3) The tax authorized in this section is in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the county. The rate of tax shall equal no more than one-tenth of one percent of the selling price in the case of a sales tax, or value of the article used, in the case of a use tax.
(4) Moneys received from any tax imposed under this section shall be used solely for the purpose of providing funds for:
(a) Costs associated with financing, design, acquisition, construction, equipping, operating, maintaining, remodeling, repairing, reequipping, or improvement of zoo, aquarium, and wildlife preservation and display facilities that are currently accredited by the American zoo and aquarium association; or
(b) Those costs associated with (a) of this subsection and costs related to parks located within a county described in subsection (1) of this section.
(5) The department of revenue shall perform the collection of such taxes on behalf of the county at no cost to the county. In lieu of the charge for the administration and collection of local sales and use taxes under RCW 82.14.050 from which the county is exempt under this subsection (5), a percentage of the tax revenues authorized by this section equal to one-half of the maximum percentage provided in RCW 82.14.050 shall be transferred annually to the department of community, trade, and economic development, or its successor agency, from the funds allocated under subsection (6)(b) of this section for a period of twelve years from the first date of distribution of funds under subsection (6)(b) of this section. The department of community, trade, and economic development, or its successor agency, shall use funds transferred to it pursuant to this subsection (5) to provide, operate, and maintain community-based housing under chapter 43.185 RCW for persons who are mentally ill.
(6) If the joint request and the authorizing proposition include provisions for funding those costs included within subsection (4)(b) of this section, the tax revenues authorized by this section shall be allocated annually as follows:
(a) Fifty percent to the zoo and aquarium advisory authority; and
(b) Fifty percent to be distributed on a per capita basis as set out in the most recent population figures for unincorporated and incorporated areas only within that county, as determined by the office of financial management, solely for parks, as follows: To any metropolitan park district, to cities and towns not contained within a metropolitan park district, and the remainder to the county. Moneys received under this subsection (6)(b) by a county may not be used to replace or supplant existing per capita funding.
(7) Funds shall be distributed annually by the county treasurer to the county, and cities and towns located within the county, in the manner set out in subsection (6)(b) of this section.
(8) Prior to expenditure of any funds received by the county under subsection (6)(b) of this section, the county shall establish a process which considers needs throughout the unincorporated areas of the county in consultation with community advisory councils established by ordinance.
(9) By December 31, 2005, and thereafter, the county or any city with a population greater than eighty thousand must provide at least one dollar match for every two dollars received under this section.
(10) Properties subject to a memorandum of agreement between the federal bureau of land management, the advisory council on historic preservation, and the Washington state historic preservation officer have priority for funding from money received under subsection (6)(b) of this section for implementation of the stipulations in the memorandum of agreement.
(a) At least one hundred thousand dollars of the first four years of allocations under subsection (6)(b) of this section, to be matched by the county or city with one dollar for every two dollars received, shall be used to implement the stipulations of the memorandum of agreement and for other historical, archaeological, architectural, and cultural preservation and improvements related to the properties.
(b) The amount in (a) of this subsection shall come equally from the allocations to the county and to the city in which the properties are located, unless otherwise agreed to by the county and the city.
(c) The amount in (a) of this subsection shall not be construed to displace or be offered in lieu of any lease payment from a county or city to the state for the properties in question."
Representatives Carrell and Kastama 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 Talcott and Kastama spoke in favor of passage of the bill.
MOTION
On motion of Representative Schoesler, Representatives Barlean and McDonald were excused.
Speaker Chopp stated the question before the House to be final passage of Engrossed House Bill No. 3105.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 3105, and the bill passed the House by the following vote: Yeas - 93, Nays - 3, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Anderson, Ballasiotes, 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, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 93.
Voting nay: Representatives Fortunato, Koster and Veloria - 3.
Excused: Representatives Barlean and McDonald - 2.
Engrossed House Bill No. 3105, having received the constitutional majority, was declared passed.
I intended to vote NAY on Engrossed House Bill No. 3105.
JOYCE MULLIKEN, 13th District
SUBSTITUTE SENATE BILL NO. 5590, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Thibaudeau, Deccio, Wojahn and Winsley; by request of Superintendent of Public Instruction)
Expanding the health professionals who may request administration of oral medication at school.
The bill was read the second time.
There being no objection, amendment (559) 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 Schual-Berke and Pflug spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 5590.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5590, 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.
Substitute Senate Bill No. 5590, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5805, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Thibaudeau, Prentice, Deccio, Kohl-Welles and Costa)
Completing the prescriptive authority of advanced registered nurse practitioners.
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 Pflug, Schual-Berke and Alexander spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 5805.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5805 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.
Substitute Senate Bill No. 5805, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6010, by Senators West, Jacobsen and Sheahan
Creating operating fees waivers not supported by state general fund appropriations.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on Appropriations was adopted. (For committee amendments, see Journal, 50th Day, February 28, 2000.)
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 Kenney spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Senate Bill No. 6010, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6010, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.
Senate Bill No. 6010, as amended by the House, having received the constitutional majority, was declared passed.
There being no objection, the House deferred action on Substitute Senate Bill No. 6071, and the bill held its place on the Second Reading calendar.
SUBSTITUTE SENATE BILL NO. 6115, by Senate Committee on Ways & Means (originally sponsored by Senators Loveland, Brown, Bauer, Snyder, Rasmussen, Haugen, B. Sheldon, Eide, Jacobsen, McAuliffe, Gardner, Heavey, Franklin, Patterson, Prentice, T. Sheldon, Costa, Goings, McCaslin, Swecker and Winsley; by request of Governor Locke)
Reinstating the property tax exemption for motor vehicles, travel trailers, and campers.
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 Thomas and Rockefeller spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 6115.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6115 and the bill passed the House by the following vote: Yeas - 96, Nays - 2, 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, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.
Voting nay: Representatives McIntire and Murray - 2.
Substitute Senate Bill No. 6115, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6213, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Deccio and Winsley)
Requiring guidelines for the response of emergency medical personnel to directives.
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 Pflug and Schual-Berke spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 6213.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6213 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.
Substitute Senate Bill No. 6213, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6295, by Senate Committee on Judiciary (originally sponsored by Senators Heavey, McCaslin, Johnson, T. Sheldon, Swecker, Long and Deccio)
Changing garnishment 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 Carrell and Hurst spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6295.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6295 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.
Voting nay: Representative Sullivan - 1.
Engrossed Substitute Senate Bill No. 6295, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6363, by Senate Committee on State & Local Government (originally sponsored by Senators Gardner, Patterson, McCaslin, Winsley and Costa)
Clarifying procedures for absentee voting and mail ballots.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on State Government was not adopted. (For committee amendments, see Journal, 47th Day, February 25, 2000.)
There being no objection, amendments (633) and (631) were withdrawn.
Representative Schmidt moved the adoption of the following striking amendment (645):
Strike everything after the enacting clause and insert the following:
"PART I
ABSENTEE VOTING
Sec. 1. RCW 29.36.010 and 1991 c 81 s 29 are each amended to read as follows:
ABSENTEE BALLOT VOTING. Any registered voter of the state or any out-of-state voter, overseas voter, or service voter may vote by absentee ballot in any general election, special election, or primary in the manner provided in this chapter. Out-of-state voters, overseas voters, and service voters are authorized to cast the same ballots, including those for special elections, as a registered voter of the state would receive under this chapter.
(((1) Except as provided in subsections (2) and (3) of this section, in RCW 29.36.013, and in RCW 29.36.170, a registered voter or elector desiring to cast an absentee ballot must request the absentee ballot from his or her county auditor no earlier than forty-five days nor later than the day before any election or primary. Except as provided in subsection (3) of this section and in RCW 29.36.170, the request may be made orally in person, by telephone, or in writing. An application or request for an absentee ballot made under the authority of any federal statute or regulation shall be considered and given the same effect as a request for an absentee ballot under this chapter.
(2) For any registered voter, a request for an absentee ballot for a primary shall be honored as a request for an absentee ballot for the following general election if the voter so indicates in his or her request. For any out-of-state voter, overseas voter, or service voter, a request for an absentee ballot for a primary election shall also be honored as a request for an absentee ballot for the following general election.
(3) A voter admitted to a hospital no earlier than five days before a primary or election and confined to the hospital on election day may apply by messenger for an absentee ballot on the day of the primary or election if a signed statement from the hospital administrator, or designee, verifying the voter's date of admission and status as a patient in the hospital on the day of the primary or election is attached to the voter's written application for an absentee ballot.
(4) In a voter's request for an absentee ballot, the voter shall state the address to which the absentee ballot should be sent. A request for an absentee ballot from an out-of-state voter, overseas voter, or service voter shall state the address of that elector's last residence for voting purposes in the state of Washington and either a written application or the oath on the return envelope shall include a declaration of the other qualifications of the applicant as an elector of this state. A request for an absentee ballot from any other voter shall state the address at which that voter is currently registered to vote in the state of Washington or the county auditor shall verify such information from the voter registration records of the county.
(5) A request for an absentee ballot from a registered voter who is within this state shall be made directly to the auditor of the county in which the voter is registered. An absentee ballot request from a registered voter who is temporarily outside this state or from an out-of-state voter, overseas voter, or service voter may be made either to the appropriate county auditor or to the secretary of state, who shall promptly forward the request to the appropriate county auditor. No person, organization, or association may distribute absentee ballot applications within this state that contain any return address other than that of the appropriate county auditor.
(6) A person may request an absentee ballot for use by the person as a registered voter and may request an absentee ballot on behalf of any member of that person's immediate family who is a registered voter for use by the family member. As a means of ensuring that a person who requests an absentee ballot is requesting the ballot for only that person or a member of the person's immediate family, the secretary of state shall adopt rules prescribing the circumstances under which an auditor: May require a person who requests an absentee ballot to identify the date of birth of the voter for whom the ballot is requested; and may deny a request which is not accompanied by this information.))
NEW SECTION. Sec. 2. A new section is added to chapter 29.36 RCW to read as follows:
REQUEST FOR SINGLE ABSENTEE BALLOT. (1) Except as otherwise provided by law, a registered voter or out-of-state voter, overseas voter, or service voter desiring to cast an absentee ballot at a single election or primary must request the absentee ballot from his or her county auditor no earlier than ninety days nor later than the day of the election or primary at which the person seeks to vote. Except as otherwise provided by law, the request may be made orally in person, by telephone, electronically, or in writing. An application or request for an absentee ballot made under the authority of a federal statute or regulation will be considered and given the same effect as a request for an absentee ballot under this chapter.
(2) A voter requesting an absentee ballot for a primary may also request an absentee ballot for the following general election. A request by an out-of-state voter, overseas voter, or service voter for an absentee ballot for a primary election will be considered as a request for an absentee ballot for the following general election.
(3) In requesting an absentee ballot, the voter shall state the address to which the absentee ballot should be sent. A request for an absentee ballot from an out-of-state voter, overseas voter, or service voter must include the address of the last residence in the state of Washington and either a written application or the oath on the return envelope must include a declaration of the other qualifications of the applicant as an elector of this state. A request for an absentee ballot from any other voter must state the address at which that voter is currently registered to vote in the state of Washington or the county auditor shall verify that information from the voter registration records of the county.
(4) A request for an absentee ballot from a registered voter who is within this state must be made directly to the auditor of the county in which the voter is registered. An absentee ballot request from a registered voter who is temporarily outside this state or from an out-of-state voter, overseas voter, or service voter may be made either to the appropriate county auditor or to the secretary of state, who shall promptly forward the request to the appropriate county auditor. No person, organization, or association may distribute absentee ballot applications within this state that contain a return address other than that of the appropriate county auditor.
NEW SECTION. Sec. 3. A new section is added to chapter 29.36 RCW to read as follows:
REQUESTING ABSENTEE BALLOT FOR FAMILY MEMBER. A registered voter may request an absentee ballot on behalf of and for use by a member of his or her immediate family who is also a registered voter. As a means of ensuring that a person who requests an absentee ballot is requesting the ballot for only that person or a member of the person's immediate family, the secretary of state shall adopt rules prescribing the circumstances under which an auditor may require a person who requests an absentee ballot to identify the date of birth of the voter for whom the ballot is requested and under what circumstances the auditor may deny a request that is not accompanied by this information.
Sec. 4. RCW 29.36.013 and 1999 c 298 s 12 are each amended to read as follows:
REQUEST FOR ONGOING ABSENTEE VOTER STATUS. Any registered voter may apply, in writing, for status as an ongoing absentee voter. Each qualified applicant shall automatically receive an absentee ballot for each ensuing election or primary for which ((he or she)) the voter is entitled to vote and need not submit a separate request for each election. Ballots received from ongoing absentee voters shall be validated, processed, and tabulated in the same manner as other absentee ballots.
Status as an ongoing absentee voter shall be terminated upon any of the following events:
(1) The written request of the voter;
(2) The death or disqualification of the voter;
(3) The cancellation of the voter's registration record;
(4) The return of an ongoing absentee ballot as undeliverable; or
(5) Upon placing a voter on inactive status under RCW 29.10.071.
Sec. 5. RCW 29.36.170 and 1991 c 81 s 35 are each amended to read as follows:
SPECIAL ABSENTEE BALLOT. (1) As provided in this section, county auditors shall provide special absentee ballots to be used for state primary or state general elections. An auditor shall provide a special absentee ballot ((shall)) only ((be provided)) to a registered voter who completes an application stating that((:
(a) The voter believes that she or he will be residing or stationed or working outside the continental United States; and
(b) The voter believes that)) she or he will be unable to vote and return a regular absentee ballot by normal mail delivery within the period provided for regular absentee ballots.
The application for a special absentee ballot may not be filed earlier than ninety days before the applicable state primary or general election. The special absentee ballot ((shall)) will list the offices and measures, if known, scheduled to appear on the state primary or general election ballot. The voter may use the special absentee ballot to write in the name of any eligible candidate for each office and vote on any measure.
(2) With any special absentee ballot issued under this section, the county auditor shall include a listing of any candidates who have filed before the time of the application for offices that will appear on the ballot at that primary or election and a list of any issues that have been referred to the ballot before the time of the application.
(3) Write-in votes on special absentee ballots ((shall)) must be counted in the same manner provided by law for the counting of other write-in votes. The county auditor shall process and canvass the special absentee ballots provided under this section in the same manner as other absentee ballots under chapters 29.36 and 29.62 RCW.
(4) A voter who requests a special absentee ballot under this section may also request an absentee ballot under ((RCW 29.36.010)) section 2(4) of this act. If the regular absentee ballot is properly voted and returned, the special absentee ballot ((shall be deemed)) is void, and the county auditor shall reject it in whole when special absentee ballots are canvassed.
Sec. 6. RCW 29.36.030 and 1991 c 81 s 31 are each amended to read as follows:
ISSUANCE OF ABSENTEE BALLOT. (1) The county auditor shall issue an absentee ballot for the primary or election for which it was requested, or for the next occurring primary or election when ongoing absentee status has been requested if the information contained in a request for an absentee ballot or ongoing absentee status received by the county auditor is complete and correct and the applicant is qualified to vote under federal or state law((, the county auditor shall issue an absentee ballot for the primary or election for which the absentee ballot was requested)). Otherwise, the county auditor shall notify the applicant of the reason or reasons why the request cannot be accepted. Whenever two or more candidates have filed for the position of precinct committee officer for the same party in the same precinct at a general election held in an even-numbered year, the contest for that position must be presented to absentee voters from that precinct by either including the contest on the regular absentee ballot or a separate absentee ballot. The ballot must provide space designated for writing in the name of additional candidates.
((At each general election in an even-numbered year, each absentee voter shall also be given a separate ballot containing the names of the candidates that have filed for the office of precinct committee officer unless fewer than two candidates have filed for the same political party in the absentee voter's precinct. The ballot shall provide space for writing in the name of additional candidates.
When mailing an absentee ballot to a registered voter temporarily outside the state or to an out-of-state voter, overseas voter, or service voter, the county auditor shall send a)) (2) The county auditor may issue replacement absentee ballots to a registered voter who both: (a) Requested an absentee ballot before election or primary day or is an ongoing absentee voter; and (b) did not receive the regular absentee ballot or whose regular absentee ballot was damaged, lost, or destroyed. A registered voter may request a replacement absentee ballot in person, by mail, by telephone, or by other electronic transmission for himself or herself and for any member of his or her immediate family. The request must be received by the county auditor before 8:00 p.m. on election or primary day. The county auditor shall maintain a record of each replacement absentee ballot issued, including the date of the request. A replacement absentee ballot may be counted in the final tabulation of ballots only if the original absentee ballot is not received by the county auditor and the replacement absentee ballot meets all requirements for tabulation necessary for the tabulation of regular absentee ballots.
(3) A copy of the state voters' and candidates' pamphlet must be sent to registered voters temporarily outside the state, out-of-state voters, overseas voters, and service voters along with the absentee ballot if such a pamphlet has been prepared for the primary or election. The county auditor shall mail all absentee ballots and related material to voters outside the territorial limits of the United States and the District of Columbia under 39 U.S.C. 3406.
Sec. 7. RCW 29.36.035 and 1984 c 27 s 2 are each amended to read as follows:
DELIVERY OF ABSENTEE BALLOT. The delivery of an absentee ballot for any primary or election shall be subject to the following qualifications:
(1) Only the registered voter((, himself)) personally, or a member of ((his)) the registered voter's immediate family may pick up an absentee ballot for the voter at the office of the issuing officer unless the voter is ((hospitalized)) a resident of a health care facility, as defined by RCW 70.37.020(3), on election day and applies by messenger ((in accordance with RCW 29.36.010)) for an absentee ballot ((on the day of the primary or election)). In this latter case, the messenger may pick up the ((hospitalized)) voter's absentee ballot.
(2) Except as noted in subsection (1) ((above)) of this section, the issuing officer shall mail or deliver the absentee ballot directly to each applicant.
(((3) No absentee ballot shall be issued on the day of the primary or election concerned, except as provided by RCW 29.36.010, for a voter confined to a hospital on the day of a primary or election.))
Sec. 8. RCW 29.36.045 and 1987 c 346 s 12 are each amended to read as follows:
ENVELOPES AND INSTRUCTIONS. The county auditor shall send each absentee voter a ballot, a security envelope in which to seal the ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor. The larger return envelope ((shall)) must contain a declaration by the absentee voter reciting his or her qualifications and stating that he or she has not voted in any other jurisdiction at this election, together with a summary of the penalties for any violation of any of the provisions of this chapter. The return envelope ((shall)) must provide space for the voter to indicate the date on which the ballot was voted and for the voter to sign the oath. A summary of the applicable penalty provisions of this chapter ((shall)) must be printed on the return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope ((shall)) must affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot. For out-of-state voters, overseas voters, and service voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued. The voter ((shall)) must be instructed to either return the ballot to the county auditor by whom it was issued or attach sufficient first class postage, if applicable, and mail the ballot to the appropriate county auditor no later than the day of the election or primary for which the ballot was issued.
If the county auditor chooses to forward absentee ballots, he or she must include with the ballot a clear explanation of the qualifications necessary to vote in that election and must also advise a voter with questions about his or her eligibility to contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed directly on the ballot itself. If the information is not included, the envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.
NEW SECTION. Sec. 9. A new section is added to chapter 29.36 RCW to read as follows:
RULES--OBSERVERS. (1) Ballots must be processed in the manner provided by administrative rule adopted by the secretary of state.
(2) County auditors must request that observers be appointed by the major political parties and be present during the processing of absentee ballots.
Sec. 10. RCW 29.36.060 and 1991 c 81 s 32 are each amended to read as follows:
PROCESSING ABSENTEE BALLOTS. (1) The opening and subsequent processing of return envelopes for any primary or election may begin on or after the tenth day ((prior to such)) before the primary or election. The opening of the security envelopes and tabulation of absentee ballots ((shall)) must not commence until after 8:00 ((o'clock)) p.m. on the day of the primary or election.
(2) After opening the return envelopes, the county canvassing board shall place all of the ballot envelopes in containers that can be secured with numbered seals. These sealed containers ((shall)) must be stored in a secure location until after 8:00 ((o'clock)) p.m. of the day of the primary or election. Absentee ballots that are to be tabulated on an electronic vote tallying system may be taken from the inner envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation before sealing the containers.
(3) Before opening a return envelope that contains the security envelope and absentee ballot, the canvassing board, or its designated representatives, shall examine the postmark, statement, and signature ((on each return envelope containing the security envelope and absentee ballot)). They shall verify that the voter's signature on the return envelope is the same as the signature of that voter in the registration files ((for that voter)) of the county. For ((absentee)) registered voters ((other than out-of-state voters, overseas voters, and service voters, if the postmark is illegible)) casting absentee ballots, the date on the return envelope to which the voter ((attests shall)) has attested determines the validity, as to the time of voting((, of)) for that absentee ballot ((under this chapter)) if the postmark is missing or is illegible. For out-of-state voters, overseas voters, and service voters, the date on the return envelope to which the voter has attested determines the validity as to the time of voting for that absentee ballot. For any absentee ((voter)) ballot, a variation between the signature of the voter on the return envelope and the signature of that voter in the registration files due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same.
Sec. 11. RCW 29.36.070 and 1990 c 262 s 2 are each amended to read as follows:
COUNTING ABSENTEE BALLOTS. The absentee ballots ((shall be grouped and counted by)) must be reported at a minimum on a congressional and legislative district ((without regard to)) basis. Absentee ballots may be counted by congressional or legislative basis or by individual precinct, except as required under RCW 29.62.090(2).
These returns ((shall)) must be added to the total of the votes cast at the polling places.
Sec. 12. RCW 29.36.075 and 1988 c 181 s 3 are each amended to read as follows:
CREDIT FOR VOTING. ((In counties that do not tabulate absentee ballots on electronic vote tallying systems, canvassing boards may not tabulate or record votes cast by absentee ballots on any uncontested office except write-in votes for candidates for the office of precinct committeeperson who have filed valid declarations of candidacy under RCW 29.04.180. "Uncontested office" means an office where only one candidate has filed a valid declaration of candidacy either during the regular filing period or as a write-in candidate under RCW 29.04.180.))
Each registered voter casting an absentee ballot ((shall)) will be credited with voting on his or her voter registration record. Absentee ballots ((shall)) must be retained for the same length of time and in the same manner as ballots cast at the precinct polling places.
Sec. 13. RCW 29.36.097 and 1991 c 81 s 33 are each amended to read as follows:
ABSENTEE BALLOT RECORDS. Each county auditor shall maintain in his or her office, open for public inspection and copying, a record of the requests he or she has received for absentee ballots ((under this chapter)) and a listing of all ongoing absentee voters.
The information from the requests ((shall)) must be recorded and lists of this information ((shall)) must be available no later than ((twenty-four hours)) the next business day after their receipt. Lists of ongoing absentee voters must be available at all times.
This information about absentee voters ((shall)) requesting ballots will be available according to the date of the requests and by legislative district. It ((shall)) must include the name of each applicant, the address and precinct in which the voter maintains a voting residence, the date on which an absentee ballot was issued to this voter, if applicable, the type of absentee ballot, and the address to which the ballot was or is to be mailed, if applicable.
The auditor shall make copies of these records available to the public in either paper or electronic format for the actual cost of production or copying.
Sec. 14. RCW 29.36.100 and 1987 c 346 s 18 are each amended to read as follows:
CHALLENGED ABSENTEE BALLOTS. The qualifications of any absentee voter may be challenged at the time the signature on the return envelope is verified and the ballot is processed by the canvassing board. The board has the authority to determine the legality of any absentee ballot challenged under this section. Challenged ballots must be handled in accordance with chapter 29.10 RCW.
Sec. 15. RCW 29.36.150 and 1993 c 417 s 7 are each amended to read as follows:
OVERSEAS AND SERVICE VOTERS. ((The secretary of state shall adopt rules to:
(1) Establish standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of absentee ballots and mail ballots;
(2) Establish standards and procedures to guarantee the secrecy of absentee ballots and mail ballots;
(3) Provide uniformity among the counties of the state in the conduct of absentee voting and mail ballot elections; and
(4) Facilitate the operation of the provisions of this chapter regarding out-of-state voters, overseas voters, and service voters.))
The secretary of state shall produce and furnish envelopes and instructions for out-of-state voters, overseas voters, and service voters to the county auditors.
Sec. 16. RCW 29.36.160 and 1994 c 269 s 2 are each amended to read as follows:
PENALTY. A person who willfully violates any provision of this chapter regarding the assertion or declaration of qualifications to receive or cast an absentee ballot((,)) or unlawfully casts a vote by absentee ballot((, or willfully violates any provision regarding the conduct of mail ballot primaries or elections under RCW 29.36.120 through 29.36.139)) is guilty of a class C felony punishable under RCW 9A.20.021. Except as provided in chapter 29.85 RCW a person who willfully violates any other provision of this chapter is guilty of a misdemeanor.
PART II
MAIL BALLOTS
Sec. 17. RCW 29.36.120 and 1994 c 269 s 1 and 1994 c 57 s 48 are each reenacted and amended to read as follows:
MAIL BALLOT PRECINCTS. (((1) At any primary or election, general or special,)) The county auditor may((, in)) designate any precinct having fewer than two hundred active registered voters at the time of closing of voter registration as provided in RCW 29.07.160((, conduct the voting in that precinct by)) as a mail ballot precinct. ((For any precinct having fewer than two hundred active registered voters where voting at a primary or a general election is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of that primary or general election, mail or deliver to each active and inactive registered voter within that precinct a notice that the voting in that precinct will be by mail ballot, an application form for a mail ballot, and a postage prepaid envelope, preaddressed to the issuing officer. A mail ballot shall be issued to each voter who returns a properly executed application to the county auditor no later than the day of that primary or general election. For all subsequent mail ballot elections in that precinct the application is valid so long as the voter remains active and qualified to vote.)) The county auditor shall notify each registered voter by mail that for all future primaries and elections the voting in his or her precinct will be by mail ballot only. In determining the number of registered voters in a precinct for the purposes of this section, persons who are ongoing absentee voters under RCW 29.36.013 (as recodified by this act) shall not be counted. Nothing in this section may be construed as altering the vote tallying requirements of RCW 29.62.090.
((At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.
In no instance shall any special election be conducted by mail ballot in any precinct with two hundred or more active registered voters if candidates for partisan office are to be voted upon.
For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of such election, mail or deliver to each active registered voter a mail ballot and an envelope, preaddressed to the issuing officer.)) As soon as ballots are available, the county auditor shall mail or deliver a ballot and an envelope, preaddressed to the issuing officer, to each active registered voter. The auditor shall send each inactive voter either a ballot or an application to receive a ballot. The auditor shall determine which of the two is to be sent. If the inactive voter returns a voted ballot, the ballot shall be counted and the voter's status restored to active. If the inactive voter completes and returns an application, a ballot shall be sent and the voter's status restored to active.
(((2) For a two-year period beginning on June 9, 1994, and ending two years after June 9, 1994, the county auditor may conduct the voting in any precinct by mail for any primary or election, partisan or nonpartisan, using the procedures set forth in RCW 29.36.120 through 29.36.139.))
If the precinct exceeds two hundred registered voters, or the auditor determines to return to a polling place election environment, the auditor shall notify each registered voter, by mail, of this and shall provide the address of the polling place to be used.
Sec. 18. RCW 29.36.121 and 1994 c 57 s 49 are each amended to read as follows:
MAIL BALLOT SPECIAL ELECTIONS. (((1))) At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the special election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.
(((2) In an odd-numbered year, the county auditor may conduct by mail ballot a primary or a special election concurrently with the primary:
(a) For any office or ballot measure of a special purpose district which is entirely within the county;
(b) For any office or ballot measure of a special purpose district which lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and
(c) For any ballot measure or nonpartisan office of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.
A primary in an odd-numbered year may not be conducted by mail ballot in any precinct with two hundred or more active registered voters if a partisan office or state office or state ballot measure is to be voted upon at that primary in the precinct.
(3))) For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days before the date of such election, mail or deliver to each registered voter a mail ballot ((and an envelope, preaddressed to the issuing officer. The county auditor shall notify an election jurisdiction for which a primary is to be held that the primary will be conducted by mail ballot)). The auditor shall handle inactive voters in the same manner as inactive voters in mail ballot precincts.
(((4) To the extent they are not inconsistent with subsections (1) through (3) of this section, the laws governing the conduct of mail ballot special elections apply to nonpartisan primaries conducted by mail ballot.))
NEW SECTION. Sec. 19. ODD-YEAR PRIMARIES BY MAIL. In an odd-numbered year, the county auditor may conduct a primary or a special election by mail ballot concurrently with the primary:
(1) For an office or ballot measure of a special purpose district that is entirely within the county;
(2) For an office or ballot measure of a special purpose district that lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and
(3) For a ballot measure or nonpartisan office of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.
The county auditor shall notify an election jurisdiction for which a primary is to be held that the primary will be conducted by mail ballot.
A primary in an odd-numbered year may not be conducted by mail ballot in a precinct with two hundred or more active registered voters if a partisan office or state office or state ballot measure is to be voted upon at that primary in the precinct.
To the extent they are not inconsistent with other provisions of law, the laws governing the conduct of mail ballot special elections apply to nonpartisan primaries conducted by mail ballot.
Sec. 20. RCW 29.36.126 and 1993 c 417 s 4 are each amended to read as follows:
RETURN OF VOTED BALLOT BY VOTER. ((Upon receipt of the mail ballot, the voter shall mark it, sign the return identification envelope supplied with the ballot, and comply with the instructions provided with the ballot. The voter may return the marked ballot to the county auditor. The ballot must be returned)) A mail ballot must be returned by mail in the same manner as an absentee ballot or placed in the return identification envelope((. If mailed, a ballot must be postmarked not later than the date of the election. Otherwise, the ballot must be)) and deposited at the office of the county auditor or the designated place of deposit not later than 8:00 p.m. on the date of the primary or election.
Sec. 21. RCW 29.36.130 and 1993 c 417 s 5 are each amended to read as follows:
BALLOT CONTENTS--COUNTING. All mail ballots authorized by RCW 29.36.120 or 29.36.121 ((shall)) (as recodified by this act) or section 19 of this act must contain the same offices, names of nominees or candidates, and propositions to be voted upon, including precinct offices, as if the ballot had been voted in person at the polling place. Except as otherwise provided ((in this chapter)) by law, mail ballots ((shall)) must be ((issued and canvassed)) treated in the same manner as absentee ballots issued ((pursuant to)) at the request of the voter. ((The county canvassing board, at the request of the county auditor, may direct that mail ballots be counted on the day of the election. If such count is made, it must be done in secrecy in the presence of the canvassing board or their authorized representatives and the results not revealed to any unauthorized person until 8:00 p.m. or later if the auditor so directs.)) If electronic vote tallying devices are used, political party observers ((shall be afforded)) must be given the opportunity to be present, and a test of the equipment must be performed as required by RCW 29.33.350 ((prior to the count of)) before tabulating ballots. Political party observers may select at random ballots to be counted manually as provided by RCW 29.54.025. Any violation of the secrecy of ((such)) the count ((shall be)) is subject to the same penalties as provided for in RCW 29.85.225.
NEW SECTION. Sec. 22. PENALTY. A person who willfully violates any provision of this chapter regarding the conduct of mail ballot primaries or elections is guilty of a class C felony punishable under RCW 9A.20.021.
PART III
MISCELLANEOUS
Sec. 23. RCW 29.04.055 and 1986 c 167 s 3 are each amended to read as follows:
COMBINING OR DIVIDING PRECINCTS, ELECTION BOARDS. At any ((election, general or)) special election((,)) or ((at any)) primary, the county auditor may combine, unite, or divide precincts and may combine or unite election boards for the purpose of holding such election. At any general election, the county auditor may combine or unite election boards for the purpose of holding such election, but shall report all election returns by individual precinct.
Sec. 24. RCW 29.62.090 and 1999 c 298 s 21 are each amended to read as follows:
ABSTRACT BY ELECTION OFFICER--TRANSMITTAL TO SECRETARY OF STATE. (1) Immediately after the official results of a state primary or general election in a county are ascertained, the county auditor or other election officer shall make an abstract of the number of registered voters in each precinct and of all the votes cast in the county at such state primary or general election for and against each state measure((s)) and for each candidate or nominee for federal, state, and legislative office ((or)), and for any other office which the secretary of state is required by law to canvass. The abstract shall be entered on blanks furnished by the secretary of state or on compatible computer printouts approved by the secretary of state, and transmitted to the secretary of state no later than the next business day following the certification by the county canvassing board.
(2) ((After each general election, the county auditor or other election officer shall provide to the secretary of state a report of the number of absentee ballots cast in each precinct for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvass. The report may be included in the abstract required by this section or may be transmitted to the secretary of state separately, but in no event later than March 31 of the year following the election.)) Absentee ballot results may be incorporated into votes cast at the polls for each precinct or may be reported separately on a precinct-by-precinct basis.
(((3))) If absentee ballot results are not incorporated into votes cast at the polls, the county auditor or other election official may aggregate results from more than one precinct if the auditor, pursuant to rules adopted by the secretary of state, finds that reporting a single precinct's absentee ballot results would jeopardize the secrecy of a person's ballot. To the extent practicable, precincts for which absentee results are aggregated shall be contiguous.
PART IV
TECHNICAL
NEW SECTION. Sec. 25. The following acts or parts of acts are each repealed:
(1) RCW 29.36.122 (Special election by mail--Sending ballots to voters) and 1994 c 57 s 50, 1993 c 417 s 3, & 1983 1st ex.s. c 71 s 2; and
(2) RCW 29.36.139 (Mail ballots--Counting requirements--Challenge) and 1993 c 417 s 6 & 1983 1st ex.s. c 71 s 6.
NEW SECTION. Sec. 26. (1) RCW 29.36.010, 29.36.013, 29.36.170, 29.36.030, 29.36.035, 29.36.045, 29.36.060, 29.36.070, 29.36.075, 29.36.097, 29.36.100, 29.36.150, and 29.36.160 are each recodified within chapter 29.36 RCW, in the order shown in this act, along with sections 2, 3, and 9 of this act.
(2) RCW 29.36.120, 29.36.121, 29.36.124, 29.36.126, and 29.36.130 are each recodified, and, along with sections 19 and 23 of this act, constitute a new chapter in Title 29 RCW.
(3) RCW 29.36.050 is recodified as a new section in chapter 29.51 RCW.
NEW SECTION. Sec. 27. Section captions and part headings used in this act are not part of the law."
Representative Ericksen moved the adoption of the following amendment (647) to the striking amendment:
On page 8, beginning on line 33 of the amendment, strike all of section 10 and insert the following:
"Sec. 10. RCW 29.36.060 and 1991 c 81 s 32 are each amended to read as follows:
PROCESSING ABSENTEE BALLOTS. (1) The opening and subsequent processing of return identification envelopes for any primary or election may begin on or after the tenth day ((prior to such)) before the primary or election. The opening of the security envelopes and tabulation of absentee ballots ((shall)) must not commence until after 8:00 ((o'clock)) p.m. on the day of the primary or election.
(2) After opening the return identification envelopes, the county canvassing board or its representative shall place all of the ((ballot)) inner security envelopes in containers that can be secured with numbered seals. These sealed containers ((shall)) must be stored in a secure location until after 8:00 ((o'clock)) p.m. of the day of the primary or election. Absentee ballots that are to be tabulated on an electronic vote tallying system may be taken from the inner envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation before sealing the containers.
(3) Before opening a return envelope that contains the inner security envelope and absentee ballot, the canvassing board, or its designated representatives, shall examine the postmark, statement, and signature ((on each return envelope containing the security envelope and absentee ballot)). An absentee ballot may be counted only if the return identification envelope was signed by the date of the primary or election for which it was issued and was either returned before the close of the polls on the day of the primary or election for which it was issued or has a date of mailing by the date of the primary or election for which it was issued. They shall verify that the voter's signature on the return envelope is the same as the signature of that voter in the registration files ((for that voter)) of the county. The date of mailing is the postmark date. However, for ((absentee)) registered voters ((other than out-of-state voters, overseas voters, and service voters, if the postmark is illegible)) casting absentee ballots, the date on the return envelope to which the voter ((attests shall)) has attested determines the validity, as to the ((time of voting, of)) date of mailing for that absentee ballot ((under this chapter)) if the postmark is missing or is illegible. For out-of-state voters, overseas voters, and service voters, the date on the return envelope to which the voter has attested determines the validity as to the date of mailing for that absentee ballot. For any absentee ((voter)) ballot, a variation between the signature of the voter on the return envelope and the signature of that voter in the registration files due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same."
Representatives Ericksen and Schmidt spoke in favor of the adoption of the amendment to the striking amendment.
Representative Romero spoke against the adoption of the amendment to the striking amendment.
Division was demanded. Speaker Chopp divided the House. The result of the division was 56-YEAS; 42-NAYS. The amendment to the striking amendment was adopted.
Representative Hankins moved the adoption of the following amendment (648) to the striking amendment:
On page 17, after line 11 of the amendment, insert:
"Sec. 25. RCW 29.07.152 and 1993 c 383 s 1 are each amended to read as follows:
This section establishes a special procedure which an elector may use to register to vote during the period beginning after the closing of registration for voting at the polls under RCW 29.07.160 and ending on the fifteenth day before a primary, special election, or general election. During this period, ((the unregistered)) a qualified elector who is not registered to vote in his or her county of residence may register to vote in person in the office of the county auditor or at a voter registration location specifically designated for this purpose by the county auditor of the county in which the applicant resides((, and)). Persons who register during this period are not eligible to vote at the polls but may apply for an absentee ballot for that primary or election. The auditor ((or voter registrar)) shall register that individual in the manner provided in this chapter((. The application for an absentee ballot executed by the newly registered voter for the primary or election that follows the execution of the registration shall be promptly transmitted to the auditor with the completed voter registration form)) and promptly execute that individual's request for an absentee ballot."
Renumber the following sections consecutively and correct the title.
Representatives Hankins, Romero and McMorris spoke in favor of the adoption of the amendment to the striking amendment.
Representative Morris spoke against the adoption of the amendment to the striking amendment.
The amendment was adopted.
The striking amendment as amended was adopted.
There being no objection, the House deferred action on Engrossed Substitute Senate Bill No. 6363, and the bill held its place on the Second Reading calendar.
SUBSTITUTE SENATE BILL NO. 6450, by Senate Committee on Natural Resources, Parks & Recreation (originally sponsored by Senator Jacobsen)
Clarifying the deposit and use of moneys for wildlife publications.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on Natural Resources was adopted. (For committee amendments, see Journal, 47th Day, February 25, 2000.)
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Regala, Buck and Doumit spoke in favor of passage of the bill.
Representatives Sump, Pennington, Clements and Pennington (again) spoke against passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 6450, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6450, as amended by the House, and the bill passed the House by the following vote: Yeas - 52, Nays - 46, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Ballasiotes, Buck, Cody, Constantine, Cooper, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Fisher, Gombosky, Grant, Hankins, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lovick, Mastin, McIntire, Miloscia, Murray, O'Brien, Ogden, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schual-Berke, Scott, H. Sommers, Stensen, Sullivan, Talcott, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker Chopp - 52.
Voting nay: Representatives Alexander, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Conway, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Fortunato, Haigh, Hatfield, Huff, Koster, Lambert, Lisk, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, Pflug, Schindler, Schoesler, Skinner, D. Sommers, Sump, Thomas, Van Luven, Wensman, Woods and Mr. Speaker Ballard - 46.
Substitute Senate Bill No. 6450, as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6454, by Senate Committee on Ways & Means (originally sponsored by Senators Loveland, Brown and Jacobsen)
Eliminating references to obsolete natural resources accounts.
The bill was read the second time.
Representative Huff moved the adoption of the following amendment (615):
On page 1, line 15, after "account", insert "--recreation"
Representative Huff 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.
Representative H. Sommers spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 6454, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6454, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.
Substitute Senate Bill No. 6454, as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6602, by Senators Loveland and Patterson
Revising membership of certain LEOFF disability boards.
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 H. Sommers and Alexander spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Senate Bill No. 6602.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6602 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.
Senate Bill No. 6602, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6761, by Senate Committee on Human Services & Corrections (originally sponsored by Senator Hargrove; by request of Department of Corrections)
Authorizing agreements for the operation of correctional facilities and programs in any other state.
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 Chopp stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6761.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6761 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.
Engrossed Substitute Senate Bill No. 6761, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6775, by Senators Patterson, Horn, Haugen, Shin, Prentice, Goings, Gardner and Costa
Simplifying public disclosure report filing and distributions.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on State Government was adopted. (For committee amendments, see Journal, 46th Day, February 24, 2000.)
Representative Romero moved the adoption of the following amendment (625):
On page 2, line 27, beginning with "for at" strike all the matter through "commission" on line 33, and insert "((for at least two consecutive hours Monday through Friday, excluding legal holidays, between 8:00 a.m. and 8:00 p.m., as specified in the committee's statement of organization filed pursuant to RCW 42.17.040, at the principal campaign headquarters or, if there is no campaign headquarters, at the address of the campaign treasurer or such other place as may be authorized by the commission)) in the same manner as provided for candidates and other political committees in RCW 42.17.080(5)"
On page 4, line 33, beginning with "on" strike all the matter through "42.17.040" on line 36, and insert "between 8:00 a.m. and 8:00 p.m. on the eighth day immediately before the election, ((between 8:00 a.m. and 8:00 p.m., as specified in the committee's statement of organization filed pursuant to RCW 42.17.040)) except when it is a legal holiday, in which case on the seventh day immediately before the election"
On page 6, beginning on line 13, strike all of section 4 and insert the following:
"Sec. 4. RCW 42.17.3691 and 1999 c 401 s 12 are each amended to read as follows:
(1) Beginning January 1, ((2001)) 2002, each ((continuing)) candidate or political committee((,)) that expended ((ten)) twenty-five thousand dollars or more in the preceding year or expects to expend ((ten)) twenty-five thousand dollars or more ((in expenditures)) in the current year((,)) shall file all contribution reports and expenditure reports required by this chapter ((electronically by diskette or via modem, satellite, or the Internet)) by the electronic alternative provided by the commission under RCW 42.17.369. HOWEVER, the commission may make exceptions on a case-by-case basis for candidates whose authorized committees lack the technological ability to file reports using the electronic alternative provided by the commission.
(2) Beginning January 1, 2004, each candidate or political committee that expended ten thousand dollars or more in the preceding year or expects to expend ten thousand dollars or more in the current year shall file all contribution reports and expenditure reports required by this chapter by the electronic alternative provided by the commission under RCW 42.17.369. HOWEVER, the commission may make exceptions on a case-by-case basis for candidates whose authorized committees lack the technological ability to file reports using the electronic alternative provided by the commission.
(3) Failure by a ((continuing)) candidate or political committee to comply with this section is a violation of this chapter."
On page 8, after line 13, insert the following:
Sec. 7. RCW 42.52.180 and 1995 c 397 s 30 are each amended to read as follows:
(1) No state officer or state employee may use or authorize the use of facilities of an agency, directly or indirectly, for the purpose of assisting a campaign for election of a person to an office or for the promotion of or opposition to a ballot proposition. Knowing acquiescence by a person with authority to direct, control, or influence the actions of the state officer or state employee using public resources in violation of this section constitutes a violation of this section. Facilities of an agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of state employees of the agency during working hours, vehicles, office space, publications of the agency, and clientele lists of persons served by the agency.
(2) This section shall not apply to the following activities:
(a) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition as long as (i) required notice of the meeting includes the title and number of the ballot proposition, and (ii) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;
(b) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry. For the purposes of this subsection, it is not a violation of this section for an elected official to respond to an inquiry regarding a ballot proposition, to make incidental remarks concerning a ballot proposition in an official communication, or otherwise comment on a ballot proposition without an actual, measurable expenditure of public funds. The ethics boards shall adopt by rule a definition of measurable expenditure;
(c) Activities that are part of the normal and regular conduct of the office or agency; ((and))
(d) Creation of an electronic link from a web site operated by a state officer or state employee to a web site operated by the state; and
(e) De minimis use of public facilities by state-wide elected officials and legislators incidental to the preparation or delivery of permissible communications, including written and verbal communications initiated by them of their views on ballot propositions that foreseeably may affect a matter that falls within their constitutional or statutory responsibilities.
(3) As to state officers and employees, this section operates to the exclusion of RCW 42.17.130.
Representatives Romero and Lambert spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Lambert moved the adoption of the following amendment (630):
On page 8, after line 13, insert the following:
Sec. 7. RCW 42.52.180 and 1995 c 397 s 30 are each amended to read as follows:
(1) No state officer or state employee may use or authorize the use of facilities of an agency, directly or indirectly, for the purpose of assisting a campaign for election of a person to an office or for the promotion of or opposition to a ballot proposition. Knowing acquiescence by a person with authority to direct, control, or influence the actions of the state officer or state employee using public resources in violation of this section constitutes a violation of this section. Facilities of an agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of state employees of the agency during working hours, vehicles, office space, publications of the agency, and clientele lists of persons served by the agency.
(2) This section shall not apply to the following activities:
(a) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition as long as (i) required notice of the meeting includes the title and number of the ballot proposition, and (ii) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;
(b) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry. For the purposes of this subsection, it is not a violation of this section for an elected official to respond to an inquiry regarding a ballot proposition, to make incidental remarks concerning a ballot proposition in an official communication, or otherwise comment on a ballot proposition without an actual, measurable expenditure of public funds. The ethics boards shall adopt by rule a definition of measurable expenditure;
(c) Activities that are part of the normal and regular conduct of the office or agency; ((and))
(d) Creation of an electronic link from a web site operated by a state officer or state employee to a web site operated by the state; and
(e) De minimis use of public facilities by state-wide elected officials and legislators incidental to the preparation or delivery of permissible communications, including written and verbal communications initiated by them of their views on ballot propositions that foreseeably may affect a matter that falls within their constitutional or statutory responsibilities.
(3) As to state officers and employees, this section operates to the exclusion of RCW 42.17.130.
Representatives Lambert and Romero 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 Romero and Lambert spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Senate Bill No. 6775, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6775, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.
Senate Bill No. 6775, as amended by the House, having received the constitutional majority, was declared passed.
SENATE JOINT MEMORIAL NO. 8021, by Senators Spanel, Haugen, Gardner and Kline
Requesting the designation of the Paul N. Luvera, Sr. Memorial Highway.
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.
Representative Morris spoke in favor of passage of the memorial.
Speaker Chopp stated the question before the House to be final passage of Senate Joint Memorial No. 8021.
ROLL CALL
The Clerk called the roll on the final passage of Senate Joint Memorial No. 8021 and the memorial passed the House by the following vote: Yeas - 97, Nays - 1, 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, 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.
Voting nay: Representative Lambert - 1.
Senate Joint Memorial No. 8021, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6431, by Senators Heavey, West, Prentice, Hale, Winsley, Horn, Gardner and Roach; by request of Horse Racing Commission
Allowing for the dissemination of criminal history record information to the horse racing commission.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on Judiciary was adopted. (For committee amendments, see Journal, 47th Day, February 25, 2000.)
Representative Sump moved the adoption of the following amendment (629):
On page 1, after line 12, insert the following:
NEW SECTION. Sec. 2. This act expires June 30, 2003.
Representatives Sump, Hurst and Dunshee spoke in favor of the adoption of the amendment.
Representative Ogden spoke against 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 Cairnes, Hurst, Carrell, Hurst (again) and Cairnes (again) spoke in favor of passage of the bill.
Representatives Radcliff and Ballasiotes spoke against the passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Senate Bill No. 6431, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6431, as amended by the House, and the bill passed the House by the following vote: Yeas - 88, Nays - 10, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, 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, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Morris, Murray, O'Brien, Ogden, Pennington, Poulsen, Quall, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Scott, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Mr. Speaker Ballard and Mr. Speaker Chopp - 88.
Voting nay: Representatives Ballasiotes, Hankins, Mitchell, Mulliken, Parlette, Pflug, Radcliff, Skinner, Thomas and Woods - 10.
Senate Bill No. 6431, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5212, by Senate Committee on Education (originally sponsored by Senators McAuliffe, Eide, Winsley, Thibaudeau, Franklin, Rasmussen and Costa)
Providing for school safety plans.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on Appropriations was before the House for purpose of amendment. (For committee amendments, see Journal, 50th Day, February 28, 2000.)
Representative Talcott moved the adoption of the following amendment (638) to the committee amendment:
On page 5, line 1, beginning with "(l)" strike everything through "violence" on page 5, line 3.
Representatives Talcott and Stensen spoke in favor of the adoption of the amendment.
The amendment was adopted.
There being no objection, the committee amendment as amended 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 Rockefeller, Talcott, Kastama and Carlson spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 5212, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5212, as amended by the House, and the bill passed the House by the following vote: Yeas - 84, Nays - 14, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, Clements, Cody, Constantine, Conway, Cooper, Cox, 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, Lambert, Lantz, Linville, Lovick, McDonald, McIntire, Mielke, Miloscia, Morris, Murray, O'Brien, Ogden, Pennington, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods and Mr. Speaker Chopp - 84.
Voting nay: Representatives B. Chandler, G. Chandler, Crouse, Koster, Lisk, Mastin, McMorris, Mitchell, Mulliken, Parlette, Pflug, Schindler, Sump and Mr. Speaker Ballard - 14.
Engrossed Second Substitute Senate Bill No. 5212, as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5739, by Senators Thibaudeau and Deccio
Preparing certificates of death or fetal death.
The bill was read the second time.
Representative Lambert moved the adoption of the following amendment (607):
On page 2, after line 32, insert the following:
"NEW SECTION. Sec. 3. RCW 43.103.100 and 1991 c 176 s 6 are each amended to read as follows:
(1) The council shall research and develop an appropriate training component on the subject of sudden, unexplained child death, including but not limited to sudden infant death syndrome. The training component shall include, at a minimum:
(((1))) (a) Medical information on sudden, unexplained child death for first responders, including awareness and sensitivity in dealing with families and child care providers, and the importance of forensically competent death scene investigation;
(((2))) (b) Information on community resources and support groups available to assist families who have lost a child to sudden, unexplained death, including sudden infant death syndrome; and
(((3) Development and adoption of an up-to-date protocol of investigation in cases of sudden, unexplained child death, including the importance of a consistent policy of thorough death scene investigation, and an autopsy in unresolved cases as appropriate;
(4))) (c) The value of timely communication between the county coroner or medical examiner and the public health department, when a sudden, unexplained child death occurs, in order to achieve a better understanding of such deaths, and connecting families to various community and public health support systems to enhance recovery from grief.
(2) The council shall work with volunteer groups with expertise in the area of sudden, unexplained child death, including but not limited to the SIDS ((Northwest Regional Center at Children's Hospital, the Washington chapter of the national SIDS)) foundation((,)) of Washington and the Washington association of county officials.
((Upon development of an appropriate curriculum, agreed upon by the council, the training module shall be offered to first responders, coroners, medical examiners, prosecuting attorneys serving as coroners, and investigators, both voluntarily through their various associations and as a course offering at the criminal justice training center.))
(3) Basic training for death investigators offered by the Washington association of coroners and medical examiners and the criminal justice training commission shall include a module which specifically addresses the investigations of the sudden unexplained deaths of children under the age of three. The training module shall include a scene investigation protocol endorsed or developed by the council. A similar training curriculum shall be required for city and county law enforcement officers and emergency medical personnel certified by the department of health as part of their basic training through the criminal justice training commission or the department of health emergency medical training certification program.
(4) Each county shall use a protocol that has been endorsed or developed by the council for scene investigations of the sudden unexplained deaths of children under the age of three. The council may utilize guidelines from the center for disease control and other appropriate resources.
(5) The council shall develop a protocol for autopsies of children under the age of three whose deaths are sudden and unexplained. This protocol shall be used by pathologists who are not certified by the American board of pathology in forensic pathology, and who are providing autopsy services to coroners and medical examiners.
Sec. 4. RCW 68.50.104 and 1983 1st ex.s. c 16 s 14 are each amended to read as follows:
(1) The cost of autopsy shall be borne by the county in which the autopsy is performed, except when requested by the department of labor and industries, in which case, the department shall bear the cost of such autopsy((; and except when performed on a body of an infant under the age of three years by the University of Washington medical school, in which case the medical school shall bear the cost of such autopsy)).
(2) Except as provided in (c) of this subsection, when the county bears the cost of an autopsy, it shall be reimbursed from the death investigations((')) account, established by RCW 43.79.445, as follows:
(((1))) (a) Up to forty percent of the cost of contracting for the services of a pathologist to perform an autopsy; ((and
(2))) (b) Up to twenty-five percent of the salary of pathologists who are primarily engaged in performing autopsies and are (((a))) (i) county coroners or county medical examiners, or (((b))) (ii) employees of a county coroner or county medical examiner; and
(c) When the county bears the cost of an autopsy of a child under the age of three whose death was sudden and unexplained, the county shall be reimbursed for the expenses of the autopsy when the death scene investigation and the autopsy have been conducted under RCW 43.103.100 (4) and (5), and the autopsy has been done at a facility designed for the performance of autopsies.
Payments from the account shall be made pursuant to biennial appropriation: PROVIDED, That no county may reduce funds appropriated for this purpose below 1983 budgeted levels."
Representatives Lambert and Lantz 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 Pflug and Schual-Berke spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Senate Bill No. 5739, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5739, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.
Senate Bill No. 5739, as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6071, by Senate Committee on Judiciary (originally sponsored by Senators Rossi, Johnson, McCaslin, T. Sheldon and Oke)
Increasing penalties for hit and run where an injury or death occurs.
The bill was read the second time.
There being no objection, the committee amendments by the Committee on Appropriation was not adopted. (For committee amendments, see Journal, 50th Day, February 28, 2000.) There being no objection, the committee amendment by the Committee on Criminal Justice & Corrections was adopted. (For committee amendments, see Journal, 47th Day, February 25, 2000.)
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative O'Brien spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be final passage of Substitute Senate Bill No. 6071, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6071, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, 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, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.
Substitute Senate Bill No. 6071, as amended by the House, having received the constitutional majority, was declared passed.
RECONSIDERATION
There being no objection, the House reconsidered the vote by which Engrossed House Bill No. 3105 passed the House.
Speaker Chopp stated the question before the House to be final passage of Engrossed House Bill No. 3105 on reconsideration.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 3105 on reconsideration, and the bill passed the House by the following vote: Yeas - 93, Nays - 5, 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, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 93.
Voting nay: Representatives Crouse, Fortunato, Koster, Mulliken and Schindler - 5.
Engrossed House Bill No. 3105, on reconsideration, having received the constitutional majority, was declared passed.
INTRODUCTIONS AND FIRST READING
HB 3153 by Representatives Reardon and Cody
AN ACT Relating to insurance coverage for neurodevelopmental therapies; and amending RCW 41.05.170, 48.21.310, 48.44.450, and 48.46.520.
Referred to Committee on Health Care.
There being no objection, the bill listed on the day's introduction sheet under the fourth order of business was referred to the committees so designated.
REPORTS OF STANDING COMMITTEES
March 2, 2000
E2SSB 6067 Prime Sponsor, Committee on Health & Long-Term Care: Modifying provisions concerning access to individual health insurance coverage. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Representatives Cody, Democratic Co-Chair; Parlette, Republican Co-Chair; Pflug, Republican Vice Chair; Alexander; Campbell; Edmonds; Mulliken; Pennington and Ruderman.
MINORITY recommendation: Do not pass. Signed by Representatives Schual-Berke, Democratic Vice Chair; Conway and Edwards.
Voting yea: Representatives Cody, Parlette, Pflug, Alexander, Campbell, Edmonds, Mulliken, Pennington and Ruderman.
Voting nay: Representatives Schual-Berke, Conway and Edwards.
There being no objection, the bill listed on the day's committee reports under the fifth order of business was placed on the Second Reading calendar.
There being no objection, the House advanced to the eighth order of business.
EIGHTH ORDER
There being no objection, the Rules Committee was relieved of the following bills which were placed on the Second Reading Calendar:
SUBSTITUTE SENATE BILL NO. 5001,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6067,
SECOND SUBSTITUTE SENATE BILL NO. 6199,
ENGROSSED SENATE BILL NO. 6236,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6305,
SUBSTITUTE SENATE BILL NO. 6373,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6400,
SUBSTITUTE SENATE BILL NO. 6401,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6455,
SUBSTITUTE SENATE BILL NO. 6589,
SUBSTITUTE SENATE BILL NO. 6663,
SUBSTITUTE SENATE BILL NO. 6812,
ENGROSSED SENATE JOINT MEMORIAL NO. 8015,
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Kessler, the House adjourned until 9:00 a.m., Friday, March 3, 2000, the 54th Legislative Day.
TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker
CYNTHIA ZEHNDER, Chief Clerk FRANK CHOPP, Speaker