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FIFTY FOURTH DAY
MORNING SESSION
House Chamber, Olympia, Friday, March 3, 2000
The House was called to order at 9:00 a.m. by Speaker Ballard. 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 Ila Wagner and Reegan Larkin. Prayer was offered by Reverend James T. Ericksen, Our Redeemers Lutheran Church, Seattle.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
RESOLUTIONS
HOUSE RESOLUTION NO. 2000-4778, by Representatives Hurst, Stensen, McDonald, Kastama, Wensman and Pflug
WHEREAS, The Buckley community has lost a friend with the recent passing of Dr. Charles Jesse Rose; and
WHEREAS, Dr. Rose was born on May 2, 1910, in Colorado Springs, Colorado, and relocated to the Enumclaw area as an infant; and
WHEREAS, Dr. Rose married Maxine Cobel Rose, and they were blessed with four daughters, Ann, Martha, Kay, and Lyn; and
WHEREAS, As a young man, Dr. Rose served the United States Forest Service as a lookout man and built trails in the hills of Washington he loved so much; and
WHEREAS, Dr. Rose graduated from Washington State University and practiced veterinary medicine in the Enumclaw-Buckley area from 1944 to 1986; and
WHEREAS, In 1953, Dr. Rose initiated the reenactment of the Naches Pass crossing on the 100th anniversary of the event; and
WHEREAS, Dr. Rose was a loving "Bapa" to nine grandchildren, five great-grandchildren, and many other children to whom he served as a grandfatherly figure; and
WHEREAS, Volunteerism and service projects, including serving seven years as superintendent of the draft horses at the Western Washington Fair, kept him busy in his adult years; and
WHEREAS, Dr. Rose spent endless hours ensuring the area's heritage was preserved by founding and serving as curator of the Foothills Historical Society and Museum;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize, on behalf of grateful citizens, the long life and many contributions of Dr. Charles Jesse Rose; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to his daughters, Ann, Martha, Kay, and Lyn, and to the Foothills Historical Society and Museum.
Representative Hurst moved adoption of the resolution.
Representatives Hurst and Stensen spoke in favor of the adoption of the resolution.
House Resolution No. 2000-4778 was adopted.
HOUSE RESOLUTION NO. 2000-4743, by Representatives Romero, Wolfe, Alexander, Wensman, Parlette, G. Chandler, Carlson, Fortunato, Skinner, Hankins, Thomas and Pflug
WHEREAS, Our state, and the Thurston County community in particular, have lost a great treasure, a wonderful inspiration, and a true friend with the recent passing of Bruce Briggs; and
WHEREAS, In making and living his principles, Bruce Briggs made and lived his life in what can only be called a most exceptional, honorable manner; and
WHEREAS, No less than her husband, Mr. Briggs' wife, Doris Briggs, is a community gem whose caring, genuine dedication to making this a better world is a shining light for us all to follow; and
WHEREAS, The pride and promise of our community is a reflection of the work and compassion of this tremendous citizen; and
WHEREAS, Every Arbor Day, Mr. Briggs was kind and generous enough to donate seedlings to state legislators as a beautiful way of expressing his commitment to our natural world; and
WHEREAS, Bruce Briggs served with honor and distinction as a member of the Washington State Farm Bureau and its Board of Directors, and he saw to it that the Washington Park Arboretum was named the Official Arboretum of the State of Washington; and
WHEREAS, Known all over the world as Washington and America's "Horticultural Ambassador," Mr. Briggs fostered a love for the natural world in countless young people from a myriad diversity of backgrounds; and
WHEREAS, The honor of his time among us will surely grow as the magnificent stature of his contribution is reflected in the years ahead; and
WHEREAS, After his Army service in World War II, Mr. Briggs founded the truly world-class Briggs Nursery and became involved in countless community projects with a spirit of selflessness rarely seen; and
WHEREAS, This one-of-a-kind gentleman saw the good and worth of every individual trusting his gentle instincts in tireless work toward building a better community not just for his family but for everyone else too;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington celebrate the life, the work, and the dedication of Bruce Briggs; 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 special family of Bruce Briggs.
Representative Romero moved adoption of the resolution.
Representatives Romero, Pennington, Wolfe, Alexander, Fortunato, G. Chandler and Schoesler spoke in favor of the adoption of the resolution.
House Resolution No. 2000-4743 was adopted.
Speaker Ballard took a moment to express his feelings toward Bruce Briggs, to introduce members of the Briggs family present and to ask the Chamber to acknowledge Mr. Briggs' accomplishments.
HOUSE RESOLUTION NO. 2000-4783, by Representatives Van Luven, Kessler, Alexander, Anderson, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Chopp, 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, 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, D. Schmidt, Schindler, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Veloria, Wensman, Wolfe, Wood and Woods
WHEREAS, It is the policy of the House of Representatives to recognize excellence in all fields of endeavor; and
WHEREAS, Bob Turner has demonstrated the epitome of excellence throughout his career as a television news photographer/journalist; and
WHEREAS, Bob Turner started his career in Boise, Idaho, later came to Olympia, Washington, in 1969 and interned as a television news photographer, and finally joined KOMO on May 31, 1971, where he has worked ever since; and
WHEREAS, Bob Turner was honored as one of America's best television news photographers as a participant in KOMO's 1992 National Press Photographer Association "Station of the Year" Award; and
WHEREAS, Bob Turner has always exhibited the professionalism necessary to become the best in the country, a willingness to share creative ideas, take risks to embrace new concepts, and bend with daily demands, and to approach each story as a new opportunity and challenge, the hallmarks of a true professional and of a winning team player; and
WHEREAS, Bob Turner has consistently displayed the commitment and cooperation necessary to ensure the success of both himself and his co-workers in broadcast news, and the experience, expertise, and initiative that has helped make KOMO a recognized leader in the nation; and
WHEREAS, Bob Turner has loved covering the Legislature but his role in covering Olympia was more than simply capturing pictures and sound and it became Bob's specialty keeping KOMO current in Olympia as television news changed and Olympia correspondents were no longer the norm; and
WHEREAS, Bob Turner has been complimented by Republicans and Democrats alike for maintaining fair, balanced, and sensitive coverage of events in Olympia, providing compassionate coverage of the family of a soldier who died in the Gulf War and objective coverage of one of the more contentious issues of his years in Olympia - the funding of the new Mariners' baseball stadium; and
WHEREAS, Bob Turner doesn't stop covering news from the state Capitol when session ends but takes the story ideas and contacts he has in Olympia and develops stories for KOMO year-round from parts of the state that don't always get coverage on Seattle television; and
WHEREAS, Bob Turner has taken the time to speak to student groups in Olympia and other parts of the state about the role of a television news photographer/journalist; and
WHEREAS, Bob Turner is a former member of the "Interlake Mountain Men" and he and his wife, Frances, attended National Mountainmen "Rendezvous" for the past 27 years; and
WHEREAS, Bob Turner and Frances have three sons - Chris, Tony, and Greg - and four grandchildren;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor Bob Turner for his years of dedicated commitment, his personal and professional integrity, and his life-impacting work as a television news photographer/journalist; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Bob Turner.
Representative Van Luven moved adoption of the resolution.
Representatives Van Luven, Kessler and Dunshee spoke in favor of the adoption of the resolution.
House Resolution No. 2000-4783 was adopted.
Speaker Ballard took a moment to speak of his high regard for Bob Turner and to introduce him from the Rostrum to the Chamber. Speaker Ballard asked the Chamber to acknowledge Mr. Turner's accomplishments.
MESSAGES FROM THE SENATE
March 2, 2000
Mr. Speaker:
The Senate has passed:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1572,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2109,
ENGROSSED HOUSE BILL NO. 2340,
SUBSTITUTE HOUSE BILL NO. 2398,
SUBSTITUTE HOUSE BILL NO. 2399,
ENGROSSED HOUSE BILL NO. 2565,
SUBSTITUTE HOUSE BILL NO. 2587,
SUBSTITUTE HOUSE BILL NO. 2633,
SUBSTITUTE HOUSE BILL NO. 2721,
SUBSTITUTE HOUSE BILL NO. 2792,
ENGROSSED HOUSE BILL NO. 2881,
SUBSTITUTE HOUSE BILL NO. 2886,
ENGROSSED HOUSE BILL NO. 2952,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 3045,
and the same are herewith transmitted.
Tony M. Cook, Secretary
March 2, 2000
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5330,
SUBSTITUTE SENATE BILL NO. 6233,
SUBSTITUTE SENATE BILL NO. 6351,
SUBSTITUTE SENATE BILL NO. 6357,
SUBSTITUTE SENATE BILL NO. 6382,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6389,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6683,
SUBSTITUTE SENATE BILL NO. 6740,
SENATE JOINT MEMORIAL NO. 8022,
SENATE JOINT MEMORIAL NO. 8027,
SENATE JOINT RESOLUTION NO. 8214,
and the same are herewith transmitted.
Tony M. Cook, Secretary
RESOLUTION
HOUSE RESOLUTION NO. 2000-4752, by Representatives Conway, Sullivan, Talcott, Carrell, Kastama, Lantz, Regala, Hatfield, Wensman, Carlson, Thomas and McDonald
WHEREAS, The good character, academic excellence, superb performance on the field, and commitment to the maxim "The true measure of yourself is not in comparison to others, but in comparison to your own best self" have made the Pacific Lutheran University football team, the Lutes, true models of the student athlete; and
WHEREAS, The Lutes are noted for their rejection of the win at all cost mentality, embracing the motto, "Our opponents come to beat us we come to be us"; and
WHEREAS, The Lutes, who believe that "No one cares how much you know until they know how much you care," donate over 2000 hours each year to the Tacoma Public Schools to provide role models, mentors, and values education at McIlvaigh Middle School and Lister Elementary; and
WHEREAS, The entire Lute organization, motivated by their faith and the value they place on human dignity, made a perpetual commitment to John Nelson, making him an Honorary Coach and an integral member of the Lute family, and John has served to inspire the team by his constant example of courage; and
WHEREAS, The team's unique approach to competition and caring are the products of Head Coach Frosty Westering's love of people, his belief in character, and his Christian faith; and
WHEREAS, Coach Westering is one of the most accomplished coaches in the nation, being only the 12th football coach ever to win 250 games, leading the Lutes to a winning season every one of his 28 years at PLU, and being selected the Division III coach of the year by the American Football Coaches Association; and
WHEREAS, Coach Westering's unique style has benefited from the support of the entire Lute staff: Scott Westering, Craig McCord, Steve Stoker, Rick Brown, Dave Templin, Brian Flattum, Jerry LeJeune, Michael Eklund-Grayum, and Chris Sorsoleil, each of them contributing to the "make the big time where you are" philosophy; and
WHEREAS, The Lutes "Double Win" philosophy has made them a consistently strong team appearing in eight National Championship games since 1980, while securing four National Championship titles; and
WHEREAS, The Pacific Lutheran University Lutes, after winning an unprecedented five playoff games on the road, won the 1999 NCAA Division III National Championship in Salem, Virginia, in a 42 to 13 victory over New Jersey's Rowan University;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives commend the PLU football team, Head Coach Frosty Westering, the PLU Athletic Department, and the entire PLU community and student body for their success and for their commitment to sportsmanship, principled competition, strong academics, and the active role of faith that made that success possible; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to President Dr. Loren Anderson, Provost Dr. Paul Menzel, Athletic Director Dr. Paul Hoseth, Ted Johnstone, and Head Coach Frosty Westering.
Representative Conway moved adoption of the resolution.
Representatives Conway, Carlson, Quall, Stensen, Cooper, Alexander, Regala and Sullivan spoke in favor of the adoption of the resolution.
House Resolution No. 2000-4752 was adopted.
Speaker Ballard took a moment to share his thoughts with the Chamber on the PLU football team and on Coach Frosty Westering. He introduced the team and Coach Westering, and asked the Chamber to acknowledge their accomplishments.
Coach Frosty Westering addressed the Chamber.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6067, by Senate Committee on Health & Long-Term Care (originally sponsored by Senator Thibaudeau)
Modifying provisions concerning access to individual health insurance coverage.
The bill was read the second time.
Representative Conway moved the adoption of the following amendment (653):
On page 1, beginning on line 16, strike all of section 1
Renumber the remaining sections consecutively and correct title and internal references accordingly.
Representatives Conway and Schual-Berke spoke in favor of the adoption of the amendment.
Representatives Parlette and Cody spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Sullivan moved the adoption of the following amendment (654):
On page 33, line 18, after "(a)" strike "and (b)" and insert ", (b), and (c)"
On page 34, after line 2, insert the following:
"(c) If a person is moving from one individual health plan to another individual health plan with the same carrier, completion of the standard health questionnaire shall not be a condition of coverage."
Representatives Sullivan, Conway and Schual-Berke spoke in favor of the adoption of the amendment.
Representatives Parlette and Cody spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Schual-Berke moved the adoption of the following amendment (655):
On page 78, after line 25, insert the following:
"NEW SECTION. Sec. 51. If, eighteen months from the effective date of this section, the insurance commissioner determines that no health benefit plan, as defined in RCW 48.43.005, is available for sale to new individual enrollees in sixteen counties or more in this state, this act expires."
Renumber the remaining section consecutively, correct any internal references accordingly, and correct the title.
Representatives Schual-Berke and Conway spoke in favor of the adoption of the amendment.
Representatives Parlette and Cody 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 Cody, Parlette, Schual-Berke, Campbell, Pennington, Rockefeller, Mulliken, Ruderman, Pflug, Kessler, DeBolt and Eickmeyer spoke in favor of passage of the bill.
Representative Conway spoke against passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 6067.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6067, and the bill passed the House by the following vote: Yeas - 86, Nays - 12, 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, Cooper, Cox, Crouse, DeBolt, Delvin, Doumit, Dunn, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, 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, Rockefeller, Romero, Ruderman, Schindler, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods and Mr. Speaker Ballard - 86.
Voting nay: Representatives Constantine, Conway, Dickerson, Dunshee, Fisher, Kenney, McIntire, Murray, Regala, Santos, Tokuda and Mr. Speaker Chopp - 12.
Engrossed Second Substitute Senate Bill No. 6067, having received the constitutional majority, was declared passed.
SECOND SUBSTITUTE SENATE BILL NO. 6199, by Senate Committee on Ways & Means (originally sponsored by Senators Wojahn, Winsley, Thibaudeau, Snyder, Goings, Kohl-Welles, Jacobsen, Fraser, Prentice, Costa, Rasmussen, Bauer, Spanel, McAuliffe, Gardner, Franklin and Kline)
Adopting a patient bill of rights.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Health Care was before the House for the purpose of amendment. (For committee amendment(s), see Journal, 47th Day, February 25, 2000.)
Representative Campbell moved the adoption of the following amendment (637) to the committee amendment:
On page 15, line 4 of the amendment, after "RCW." insert "However, a naturopathic or complementary alternative health plan, which provides solely complementary alternative health care to individuals, groups, or health plans, may have a medical director licensed under chapter 18.36A RCW."
Representatives Campbell and Schual-Berke spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Schual-Berke moved the adoption of the following amendment (651) to the committee amendment:
On page 17, line 33 of the amendment, after "limb" strike "or bodily" and insert ", bodily or cognitive"
Representatives Schual-Berke, Campbell and Alexander spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
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.
Representative Campbell: "Sections 2, 3, 4 and 5 of the committee striking amendment to 2SSB 6199 protect the privacy of health care information as that information is held and used by health care providers and third party-payers. There has been some concern that these provisions could be interpreted to preclude these entities from sharing health care information to the extent necessary to determine eligibility, pay claims and undertake care management and disease management programs. What is the intent regarding these provisions?"
Representative Schual-Berke: "The federal government is in the process of adopting rules under the Health Insurance Portability and Accountability Act to protect the privacy of consumers' health information. The intent is that sections 2, 3, 4 and 5 of 2SSB 6199 serve as placeholders to protect Washingtonians until such time as final federal rules are issued under HIPAA, and a thorough review of state health information privacy law is undertaken to bring our states statutes into compliance with the federal rules. It is not the intent to restrict the sharing of health information by health care providers and third party payers to the extent necessary to determine eligibility, pay claims and undertake care management and disease management programs."
Representatives Campbell and Schual-Berke spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Second Substitute Senate Bill No. 6199, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6199, 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.
Second Substitute Senate Bill No. 6199, as amended by the House, having received the constitutional majority, was declared passed.
MESSAGES FROM THE SENATE
March 3, 2000
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 6149,
SUBSTITUTE SENATE BILL NO. 6375,
SUBSTITUTE SENATE BILL NO. 6644,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6732,
and the same are herewith transmitted.
Tony M. Cook, Secretary
March 3, 2000
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5590,
SUBSTITUTE SENATE BILL NO. 5805,
SUBSTITUTE SENATE BILL NO. 6115,
SUBSTITUTE SENATE BILL NO. 6213,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6295,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6761,
SENATE JOINT MEMORIAL NO. 8021,
and the same are herewith transmitted.
Tony M. Cook, Secretary
March 3, 2000
Mr. Speaker:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 2022,
ENGROSSED HOUSE BILL NO. 2322,
SUBSTITUTE HOUSE BILL NO. 2358,
SUBSTITUTE HOUSE BILL NO. 2423,
SUBSTITUTE HOUSE BILL NO. 2493,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2589,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2617,
SUBSTITUTE HOUSE BILL NO. 2899,
HOUSE JOINT MEMORIAL NO. 4022,
and the same are herewith transmitted.
Tony M. Cook, Secretary
March 3, 2000
Mr. Speaker:
The President has signed:
ENGROSSED HOUSE BILL NO. 1711,
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,
SUBSTITUTE HOUSE BILL NO. 2590,
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
ENGROSSED SENATE BILL NO. 6236, by Senator Fairley; by request of Employment Security Department
Promoting efficiency with respect to employment and related services.
The bill was read the second time.
Representative McIntire moved the adoption of the following amendment (618):
On page 5, line 3, after "(11)" insert "(a)"
On page 5, after line 12, insert the following:
"(b) An individual who applies for services from the department and whose information will be shared under (a) of this subsection (11) must be notified that his or her private and confidential information in the department's records will be shared among the one-stop partners to facilitate the delivery of one-stop services to the individual. The notice must advise the individual that he or she may request that private and confidential information not be shared among the one-stop partners and the department must honor the request. In addition, the notice must:
(i) Advise the individual that if he or she requests that private and confidential information not be shared among one-stop partners, the request will in no way affect eligibility for services;
(ii) Describe the nature of the information to be shared, the general use of the information by one-stop partner representatives, and among whom the information will be shared;
(iii) Inform the individual that shared information will be used only for the purpose of delivering one-stop services and that further disclosure of the information is prohibited under contract and is not subject to disclosure under RCW 42.17.310; and
(iv) Be provided in English and an alternative language selected by the one-stop center or job service center as appropriate for the community where the center is located.
If the notice is provided in-person, the individual who does not want private and confidential information shared among the one-stop partners must immediately advise the one-stop partner representative of that decision. The notice must be provided to an individual who applies for services telephonically, electronically, or by mail, in a suitable format and within a reasonable time after applying for services, which shall be no later than ten working days from the department's receipt of the application for services. A one-stop representative must be available to answer specific questions regarding the nature, extent, and purpose for which the information may be shared."
On page 5, beginning on line 28, strike all of subsection (14)
Representatives McIntire and B. Chandler 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 McIntire and B. Chandler spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Engrossed Senate Bill No. 6236, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6236, 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.
Engrossed Senate Bill No. 6236, as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6373, by Senate Committee on Commerce, Trade, Housing & Financial Institutions (originally sponsored by Senators Gardner, T. Sheldon, Prentice, Rasmussen, Winsley, Hale, Deccio and Shin)
Clarifying promotional contests of chance.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives B. Chandler and Wood spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Substitute Senate Bill No. 6373.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6373 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. 6373, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6455, by Senate Committee on Commerce, Trade, Housing & Financial Institutions (originally sponsored by Senators Gardner, Winsley, Fraser, Shin, Kohl-Welles, Brown, Costa, Fairley and Jacobsen)
Providing for the licensing of geologists.
The bill was read the second time.
Representative Conway moved the adoption of the following amendment (619):
On page 7, at the beginning of line 16, strike "four" and insert "five"
On page 7, line 21, after "that" strike "up to"
On page 8, at the beginning of line 4, strike "four" and insert "five"
On page 8, line 9, after "that" strike "up to"
On page 9, line 26, after "minimum of" strike "four" and insert "five"
On page 9, line 35, after "minimum" strike "four" and insert "of five"
Representatives Conway and B. Chandler spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Clements moved the adoption of the following amendment (620):
On page 17, beginning on line 14, after "the" strike all material through "geologists" on line 15 and insert "state department of licensing be authorized to levy fees on geologists sufficient to pay for their licensure"
Representatives Clements and Conway 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 Wood and Clements spoke in favor of passage of the bill.
Representative Carrell spoke against passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6455, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6455, as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 3, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, 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, Talcott, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 95.
Voting nay: Representatives Carrell, Sump and Thomas - 3.
Engrossed Substitute Senate Bill No. 6455, as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6589, by Senate Committee on Commerce, Trade, Housing & Financial Institutions (originally sponsored by Senators Prentice, Hale, Deccio, Rasmussen, Loveland, B. Sheldon, West, McAuliffe and Kohl-Welles)
Allowing domestic wineries to exercise licensing privileges at up to two additional locations.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives B. Chandler, Wood and Delvin spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Substitute Senate Bill No. 6589.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6589 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. 6589, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6812, by Senate Committee on Commerce, Trade, Housing & Financial Institutions (originally sponsored by Senator Prentice)
Allowing contract brewing by domestic brewers.
The bill was read the second time.
Representative B. Chandler moved the adoption of the following amendment (624):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 66.04.010 and 1997 c 321 § 37 are each amended to read as follows:
In this title, unless the context otherwise requires:
(1) "Alcohol" is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance. The term "alcohol" does not include alcohol in the possession of a manufacturer or distiller of alcohol fuel, as described in RCW 66.12.130, which is intended to be denatured and used as a fuel for use in motor vehicles, farm implements, and machines or implements of husbandry.
(2) "Beer" means any malt beverage or malt liquor as these terms are defined in this chapter.
(3) "Beer distributor" means a person who buys beer from a brewer or brewery located either within or beyond the boundaries of the state, beer importers, or foreign produced beer from a source outside the state of Washington, for the purpose of selling the same pursuant to this title, or who represents such brewer or brewery as agent.
(4) "Beer importer" means a person or business within Washington who purchases beer from a United States brewery holding a certificate of approval (B5) or foreign produced beer from a source outside the state of Washington for the purpose of selling the same pursuant to this title.
(5) "Brewer" means any person engaged in the business of manufacturing beer and malt liquor. Brewer includes a brand owner of malt beverages who holds a brewer's notice with the federal bureau of alcohol, tobacco, and firearms at a location outside the state and whose malt beverage is contract-produced by a licensed in-state brewery, and who may exercise within the state, under a domestic brewery license, only the privileges of storing, selling to licensed beer distributors, and exporting beer from the state.
(6) "Board" means the liquor control board, constituted under this title.
(7) "Club" means an organization of persons, incorporated or unincorporated, operated solely for fraternal, benevolent, educational, athletic or social purposes, and not for pecuniary gain.
(8) "Consume" includes the putting of liquor to any use, whether by drinking or otherwise.
(9) "Dentist" means a practitioner of dentistry duly and regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.32 RCW.
(10) "Distiller" means a person engaged in the business of distilling spirits.
(11) "Domestic brewery" means a place where beer and malt liquor are manufactured or produced by a brewer within the state.
(12) "Domestic winery" means a place where wines are manufactured or produced within the state of Washington.
(((12)))(13) "Druggist" means any person who holds a valid certificate and is a registered pharmacist and is duly and regularly engaged in carrying on the business of pharmaceutical chemistry pursuant to chapter 18.64 RCW.
(((13)))(14) "Drug store" means a place whose principal business is, the sale of drugs, medicines and pharmaceutical preparations and maintains a regular prescription department and employs a registered pharmacist during all hours the drug store is open.
(((14)))(15) "Employee" means any person employed by the board, including a vendor, as hereinafter in this section defined.
(((15)))(16) "Fund" means 'liquor revolving fund.'
(((16)))(17) "Hotel" means every building or other structure kept, used, maintained, advertised or held out to the public to be a place where food is served and sleeping accommodations are offered for pay to transient guests, in which twenty or more rooms are used for the sleeping accommodation of such transient guests and having one or more dining rooms where meals are served to such transient guests, such sleeping accommodations and dining rooms being conducted in the same building and buildings, in connection therewith, and such structure or structures being provided, in the judgment of the board, with adequate and sanitary kitchen and dining room equipment and capacity, for preparing, cooking and serving suitable food for its guests: PROVIDED FURTHER, That in cities and towns of less than five thousand population, the board shall have authority to waive the provisions requiring twenty or more rooms.
(((17)))(18) "Importer" means a person who buys distilled spirits from a distillery outside the state of Washington and imports such spirituous liquor into the state for sale to the board or for export.
(((18)))(19) "Imprisonment" means confinement in the county jail.
(((19)))(20) "Liquor" includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. Liquor does not include confections or food products that contain one percent or less of alcohol by weight.
(((20)))(21) "Manufacturer" means a person engaged in the preparation of liquor for sale, in any form whatsoever.
(((21)))(22) "Malt beverage" or "malt liquor" means any beverage such as beer, ale, lager beer, stout, and porter obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than eight percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. For the purposes of this title, any such beverage containing more than eight percent of alcohol by weight shall be referred to as "strong beer."
(((22)))(23) "Package" means any container or receptacle used for holding liquor.
(((23)))(24) "Permit" means a permit for the purchase of liquor under this title.
(((24)))(25) "Person" means an individual, copartnership, association, or corporation.
(((25)))(26) "Physician" means a medical practitioner duly and regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.71 RCW.
(((26)))(27) "Prescription" means a memorandum signed by a physician and given by him to a patient for the obtaining of liquor pursuant to this title for medicinal purposes.
(((27)))(28) "Public place" includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.
(((28)))(29) "Regulations" means regulations made by the board under the powers conferred by this title.
(((29)))(30) "Restaurant" means any establishment provided with special space and accommodations where, in consideration of payment, food, without lodgings, is habitually furnished to the public, not including drug stores and soda fountains.
(((30)))(31) "Sale" and "sell" include exchange, barter, and traffic; and also include the selling or supplying or distributing, by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by any person to any person; and also include a sale or selling within the state to a foreign consignee or his agent in the state. "Sale" and "sell" shall not include the giving, at no charge, of a reasonable amount of liquor by a person not licensed by the board to a person not licensed by the board, for personal use only. "Sale" and "sell" also does not include a raffle authorized under RCW 9.46.0315: PROVIDED, That the nonprofit organization conducting the raffle has obtained the appropriate permit from the board.
(((31)))(32) "Soda fountain" means a place especially equipped with apparatus for the purpose of dispensing soft drinks, whether mixed or otherwise.
(((32)))(33) "Spirits" means any beverage which contains alcohol obtained by distillation, including wines exceeding twenty-four percent of alcohol by volume.
(((33)))(34) "Store" means a state liquor store established under this title.
(((34)))(35) "Tavern" means any establishment with special space and accommodation for sale by the glass and for consumption on the premises, of beer, as herein defined.
(((35)))(36) "Vendor" means a person employed by the board as a store manager under this title.
(((36)))(37) "Winery" means a business conducted by any person for the manufacture of wine for sale, other than a domestic winery.
(((37)))(38) "Wine" means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than twenty-four percent of alcohol by volume, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding twenty-four percent of alcohol by volume and not less than one-half of one percent of alcohol by volume. For purposes of this title, any beverage containing no more than fourteen percent of alcohol by volume when bottled or packaged by the manufacturer shall be referred to as "table wine," and any beverage containing alcohol in an amount more than fourteen percent by volume when bottled or packaged by the manufacturer shall be referred to as "fortified wine." However, "fortified wine" shall not include: (a) Wines that are both sealed or capped by cork closure and aged two years or more; and (b) wines that contain more than fourteen percent alcohol by volume solely as a result of the natural fermentation process and that have not been produced with the addition of wine spirits, brandy, or alcohol.
This subsection shall not be interpreted to require that any wine be labeled with the designation "table wine" or "fortified wine."
(((38)))(39) "Wine distributor" means a person who buys wine from a vintner or winery located either within or beyond the boundaries of the state for the purpose of selling the same not in violation of this title, or who represents such vintner or winery as agent.
(((39)))(40) "Wine importer" means a person or business within Washington who purchases wine from a United States winery holding a certificate of approval (W7) or foreign produced wine from a source outside the state of Washington for the purpose of selling the same pursuant to this title.
Sec. 2. RCW 66.24.240 and 1997 c 321 § 11 are each amended to read as follows:
(1) There shall be a license for domestic breweries; fee to be two thousand dollars for production of sixty thousand barrels or more of malt liquor per year.
(2) Any domestic brewery, except for a brand owner of malt beverages under RCW 66.04.010(5), licensed under this section may also act as a distributor and/or retailer for beer of its own production. Any domestic brewery operating as a distributor and/or retailer under this subsection shall comply with the applicable laws and rules relating to distributors and/or retailers.
(3) Any domestic brewery licensed under this section may contract-produce beer for a brand owner of malt beverages defined under RCW 66.04.010(5), and this contract-production is not a sale for the purposes of RCW 66.28.170 and 66.28.180."
Correct internal references accordingly. Correct the title.
Representatives B. Chandler, Conway, Clements and Alexander 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 Clements spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Substitute Senate Bill No. 6812, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6812, 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. 6812, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SENATE JOINT MEMORIAL NO. 8015, by Senators Honeyford, Rasmussen, Fairley, Oke, Patterson, Heavey, Rossi, Hargrove, McAuliffe, Winsley, Bauer, Stevens and Kohl-Welles
Requesting the office of minority and women's business enterprises to certify socially and economically disadvantaged businesses, including those owned by disabled persons.
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 Wood spoke in favor of passage of the memorial.
Speaker Ballard stated the question before the House to be final passage of Engrossed Senate Joint Memorial No. 8015.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Joint Memorial No. 8015 and the memorial 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 Senate Joint Memorial No. 8015, having received the constitutional majority, was declared passed.
There being no objection, the House reconsidered the vote by which Substitute Senate Bill No. 6373 passed the House
Speaker Ballard stated the question before the House to be final passage of Substitute Senate Bill No. 6373 on reconsideration.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6373, on reconsideration 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, 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 - 97.
Voting nay: Representative Hurst - 1.
Substitute Senate Bill No. 6373, on reconsideration, having received the constitutional majority was declared passed.
SENATE BILL NO. 6172, by Senators Fraser, Deccio, Thibaudeau, Prentice, T. Sheldon, Kohl-Welles, Fairley, McAuliffe and Oke
Allowing minors to donate bone marrow.
The bill was read the second time.
There being no objection, amendments (588), (606) and (626) were withdrawn.
Representative Mulliken moved the adoption of the following amendment (657):
On page 1, line 7, after "donation." insert "The donation of bone marrow by an unemancipated minor requires the consent of a parent or legal guardian of the minor."
Representatives Mulliken, Pflug, Schindler and Mulliken (again) spoke in favor of the adoption of the amendment.
Representatives Schual-Berke, Cody and Schual-Berke (again) spoke against the adoption of the amendment.
Division was demanded. Speaker Ballard divided the House. The results of the division was 46-YEAS; 52-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 Schual-Berke, Pflug, Wolfe, Koster and Pennington spoke in favor of passage of the bill.
Representatives Mulliken and Lambert spoke against the passage of the bill.
Speaker Ballard stated the question before the House to be final passage of Senate Bill No. 6172.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6172, and the bill passed the House by the following vote: Yeas - 91, Nays - 7, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Fisher, 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, 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, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 91.
Voting nay: Representatives Carrell, Cox, Esser, Fortunato, Lambert, Mulliken and Talcott - 7.
Senate Bill No. 6172, having received the constitutional majority, was declared passed.
Speaker Ballard called upon Representative Pennington to preside.
SUBSTITUTE SENATE BILL NO. 6459, by Senate Committee on Judiciary (originally sponsored by Senators Bauer and Rasmussen)
Prohibiting the use of identifying information to solicit undesired mail.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Judiciary was before the House for the purpose of amendments. (For committee amendment(s), see Journal, 47th Day, February 25, 2000.)
Representative Cairnes moved the adoption of the following amendment (600) to the committee amendment:
On page 1, after line 18, insert:
"Sec. 2 RCW 9A.60.040 and 1993 c 457 s 1 are each amended to read as follows:
(1) A person is guilty of criminal impersonation in the first degree if the person:
(a) Assumes a ((false)) fictitious identity and does an act in his or her assumed character with intent to ((defraud another or for any other unlawful purpose)) commit a felony or theft in the third degree; or
(b) Pretends to be a representative of some person or organization or a public servant and does an act in his or her pretended capacity with intent to defraud another or for any other unlawful purpose.
(2) Criminal impersonation in the first degree is a ((gross misdemeanor)) class C felony.
(3) A person is guilty of criminal impersonation in the second degree if the person:
(a) Claims to be a law enforcement officer or creates an impression that he or she is a law enforcement officer; and
(b) Under circumstances not amounting to criminal impersonation in the first degree, does an act with intent to convey the impression that he or she is acting in an official capacity and a reasonable person would believe the person is a law enforcement officer.
(4) Criminal impersonation in the second degree is a gross misdemeanor.
Sec. 3. RCW 9.94A.320 and 1999 c 352 s 3, 1999 c 322 s 5, and 1999 c 45 s 4 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVI Aggravated Murder 1 (RCW 10.95.020)
XV Homicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW 70.74.280(1))
Murder 1 (RCW 9A.32.030)
XIV Murder 2 (RCW 9A.32.050)
XIII Malicious explosion 2 (RCW 70.74.280(2))
Malicious placement of an explosive 1 (RCW 70.74.270(1))
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
XI Manslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
X Child Molestation 1 (RCW 9A.44.083)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Kidnapping 1 (RCW 9A.40.020)
Leading Organized Crime (RCW 9A.82.060(1)(a))
Malicious explosion 3 (RCW 70.74.280(3))
Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)
IX Assault of a Child 2 (RCW 9A.36.130)
Controlled Substance Homicide (RCW 69.50.415)
Explosive devices prohibited (RCW 70.74.180)
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW ((88.12.029)) 79A.60.050)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
Malicious placement of an explosive 2 (RCW 70.74.270(2))
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW 9.68A.040)
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII Arson 1 (RCW 9A.48.020)
Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW ((88.12.029)) 79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Drive-by Shooting (RCW 9A.36.045)
Homicide by Watercraft, by disregard for the safety of others (RCW ((88.12.029)) 79A.60.050)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Introducing Contraband 1 (RCW 9A.76.140)
Involving a minor in drug dealing (RCW 69.50.401(f))
Malicious placement of an explosive 3 (RCW 70.74.270(3))
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))
Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
VI Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
Bribery (RCW 9A.68.010)
Incest 1 (RCW 9A.64.020(1))
Intimidating a Judge (RCW 9A.72.160)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))
Rape of a Child 3 (RCW 9A.44.079)
Theft of a Firearm (RCW 9A.56.300)
V Abandonment of dependent person 1 (RCW 9A.42.060)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Child Molestation 3 (RCW 9A.44.089)
Criminal Mistreatment 1 (RCW 9A.42.020)
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
Extortion 1 (RCW 9A.56.120)
Extortionate Extension of Credit (RCW 9A.82.020)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Incest 2 (RCW 9A.64.020(2))
Kidnapping 2 (RCW 9A.40.030)
On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Pretrial Condition (RCW 10.99.040(4) (b) and (c))
On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Sentence Condition (RCW 10.99.050(2))
On and after July 1, 2000: Protection Order Violation: Domestic Violence Civil Action (RCW 26.50.110 (4) and (5))
On and after July 1, 2000: Stalking (RCW 9A.46.110)
Perjury 1 (RCW 9A.72.020)
Persistent prison misbehavior (RCW 9.94.070)
Possession of a Stolen Firearm (RCW 9A.56.310)
Rape 3 (RCW 9A.44.060)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Sexually Violating Human Remains (RCW 9A.44.105)
IV Arson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault by Watercraft (RCW ((88.12.032)) 79A.60.060)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Commercial Bribery (RCW 9A.68.060)
Criminal Impersonation 1 (RCW 9A.60.040(1))
Counterfeiting (RCW 9.16.035(4))
Escape 1 (RCW 9A.76.110)
Hit and Run--Injury Accident (RCW 46.52.020(4))
Hit and Run with Vessel--Injury Accident (RCW ((88.12.155(3))) 79A.60.200(3))
Identity Theft (RCW 9.35.020)
Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
Malicious Harassment (RCW 9A.36.080)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))
Residential Burglary (RCW 9A.52.025)
Robbery 2 (RCW 9A.56.210)
Theft of Livestock 1 (RCW 9A.56.080)
Threats to Bomb (RCW 9.61.160)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Vehicular Assault (RCW 46.61.522)
Willful Failure to Return from Furlough (RCW 72.66.060)
III Abandonment of dependent person 2 (RCW 9A.42.070)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Burglary 2 (RCW 9A.52.030)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Criminal Gang Intimidation (RCW 9A.46.120)
Criminal Mistreatment 2 (RCW 9A.42.030)
Custodial Assault (RCW 9A.36.100)
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
Harassment (RCW 9A.46.020)
Intimidating a Public Servant (RCW 9A.76.180)
Introducing Contraband 2 (RCW 9A.76.150)
Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))
Malicious Injury to Railroad Property (RCW 81.60.070)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Perjury 2 (RCW 9A.72.030)
Possession of Incendiary Device (RCW 9.40.120)
Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
Promoting Prostitution 2 (RCW 9A.88.080)
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Securities Act violation (RCW 21.20.400)
Tampering with a Witness (RCW 9A.72.120)
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)
Theft of Livestock 2 (RCW 9A.56.080)
Unlawful Imprisonment (RCW 9A.40.040)
Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))
Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
Willful Failure to Return from Work Release (RCW 72.65.070)
II Computer Trespass 1 (RCW 9A.52.110)
Counterfeiting (RCW 9.16.035(3))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Escape from Community Custody (RCW 72.09.310)
Health Care False Claims (RCW 48.80.030)
Malicious Mischief 1 (RCW 9A.48.070)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))
Trafficking in Insurance Claims (RCW 48.30A.015)
Unlawful Practice of Law (RCW 2.48.180)
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
I Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Forgery (RCW 9A.60.020)
Malicious Mischief 2 (RCW 9A.48.080)
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))
Possession of Stolen Property 2 (RCW 9A.56.160)
Reckless Burning 1 (RCW 9A.48.040)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Theft 2 (RCW 9A.56.040)
Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
Vehicle Prowl 1 (RCW 9A.52.095)"
Representatives Cairnes, Carrell and DeBolt spoke in favor of the adoption of the amendment to the committee amendment.
Representative Constantine spoke against the adoption of the amendment to the committee amendment.
Division was demanded. The Speaker (Representative Pennington presiding) divided the House. The results of the division was 49-YEAS; 49-NAYS. The amendment to the committee amendment was not adopted.
The committee 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 Constantine, Lambert, Ogden and Carrell spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6459, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6459, as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 2, 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, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, 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: Representatives Ballasiotes and Mitchell - 2.
Substitute Senate Bill No. 6459, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6715, by Senate Committee on Environmental Quality & Water Resources (originally sponsored by Senators Eide, Swecker, Fraser, Costa, Rasmussen, Morton, Patterson, Kline, Jacobsen and Kohl-Welles)
Encouraging recycling and waste reduction.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Agriculture & Ecology was before the House for purpose of amendment. (For committee amendment(s), see Journal, 47th Day, February 25, 2000.)
Representative Mielke moved the adoption of the following amendment (632) to the committee amendment:
On page 14, after line 6, insert the following:
"NEW SECTION. Sec. 10. A new section is added to chapter 81.77 RCW to read as follows:
In order to provide an incentive for recycling, the provisions of chapter 81.77 RCW shall not apply to the collection or transportation of construction, demolition and land-clearing debris that is collected or transported expressly for the purposes of recycling."
Representatives Mielke, Fortunato and Boldt spoke in favor of the adoption of the amendment to the committee amendment.
Representatives Linville, B. Chandler, Linville (again) and Reardon spoke against the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was not adopted.
Representatives Linville and B. Chandler spoke in favor of adoption of the committee amendment.
The committee 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.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6715, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6715, 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.
Engrossed Substitute Senate Bill No. 6715, as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6194, by Senate Committee on Natural Resources, Parks & Recreation (originally sponsored by Senators T. Sheldon, Oke, Jacobsen, Stevens, Morton, Rasmussen, Gardner and Spanel)
Attempting to limit the incidents of rural garbage dumping.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Natural Resources was before the House for purpose of amendment. (For committee amendment(s), see Journal, 47th Day, February 25, 2000.)
Representative Clements moved the adoption of the following amendment (582) to the committee amendment:
On page 3, line 17 of the amendment, after "less than" strike "five" and insert "one"
On page 3, line 29 of the amendment, before "cubic" strike "five" and insert "one"
On page 7, line 7 of the amendment, after "less than" strike "five" and insert "one"
On page 7, line 19 of the amendment, before "cubic" strike "five" and insert "one"
Representative Clements spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Anderson moved the adoption of the following amendment (634) to the committee amendment:
On page 3, line 27 of the amendment, after "property." insert "The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter."
On page 3, line 38 of the amendment, after "property." insert "The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter."
On page 7, line 17 of the amendment, after "property." insert "The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter."
On page 7, line 29 of the amendment, after "property." insert "The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter."
Representative Anderson spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Hurst moved the adoption of the following amendment (636) to the committee amendment:
On page 4, beginning on line 13, strike all of section 3
Renumber the remaining sections consecutively, correct internal references accordingly, and correct the title.
On page 7, line 29 of the amendment, after "property." strike everything down to and including "act." on line 31
Representatives Hurst, Carrell and Lambert spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
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 Anderson, Clements and Haigh spoke in favor of passage of the bill.
MOTION
On motion of Representative Santos, Representative Morris was excused.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6194, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6194, 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, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, 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 Morris - 1.
Substitute Senate Bill No. 6194, as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6260, by Senate Committee on Judiciary (originally sponsored by Senators Rasmussen, Heavey, Haugen, Goings, Oke and Gardner)
Increasing penalties for manufacturing a controlled substance when children are present.
The bill was read the second time.
Representative Koster moved the adoption of the following amendment (649):
On page 1, line 13, after "when" insert "a pregnant woman or"
Representative Koster spoke in favor of the adoption of the amendment.
There being no objection, the House deferred action on Substitute Senate Bill No. 6260, and the bill held its place on the Second Reading calendar.
HOUSE BILL NO. 3144, by Representatives Conway, Clements, Thomas and Rockefeller; by request of Secretary of State
Authorizing electronic filing of corporation and limited liability company annual reports.
The bill was read the second time.
Representative Conway moved the adoption of the following amendment (617):
On page 2, line 22, after "(4)" insert "(a)"
On page 2, line 27, strike "(5)" and insert "(b)"
On page 2, line 30, after "but" strike the remainder of the section and insert "the person's name must appear in the electronic filing as the person executing the filing, and the filing must state the capacity in which the person is executing the filing."
On page 3, line 22, after "(4)" insert "(a)"
On page 3, line 27, strike "(5)" and insert "(b)"
On page 3, line 30, after "but" strike the remainder of the section and insert "the person's name must appear in the electronic filing as the person executing the filing, and the filing must state the capacity in which the person is executing the filing."
Representatives Conway and B. Chandler 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 Conway and B. Chandler spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed House Bill No. 3144.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 3144, 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, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, 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 Morris - 1.
Engrossed House Bill No. 3144, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6305, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Franklin and Kohl-Welles)
Changing provisions relating to guardians ad litem.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Judiciary was before the House for purpose of amendment. (For committee amendment(s), see Journal, 47th Day, February 25, 2000.)
Representative Lantz moved the adoption of the following amendment (567) to the committee amendment:
On page 20, at the beginning of line 27 of the committee amendment, strike "The" and insert "Except for guardians ad litem appointed by the court from the subregistry created under RCW 26.12.177(2)(d), the"
Representatives Lantz and Lambert spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
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 Lantz, Lambert and Carrell spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6305, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6305, 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, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, 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 Morris - 1.
Engrossed Substitute Senate Bill No. 6305, as amended by the House, having received the constitutional majority, was declared passed.
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 Speaker (Representative Pennington presiding) reminded the House that a Scope & Object request on amendment (627) had been made on the previous working day by Representative Dickerson. That request was withdrawn.
Representatives Crouse and Morris spoke in favor of the adoption of the amendment (627) to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Linville moved the adoption of the following amendment (596) to the committee amendment:
On page 6, line 37 of the amendment, after "chapter" strike "90.44" and insert "90.03"
Representatives Linville and G. Chandler spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
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 G. Chandler and Linville spoke in favor of the passage of the bill.
Representative Cooper spoke against the passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6277 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6277 as amended by the House, and the bill passed the House by the following vote: Yeas - 69, Nays - 29, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Cox, Crouse, DeBolt, Delvin, Doumit, Dunn, Edwards, Eickmeyer, Ericksen, Esser, Grant, Haigh, Hankins, Hatfield, Huff, Kastama, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Parlette, Pennington, Pflug, Quall, Radcliff, Rockefeller, Schindler, Schmidt, Schoesler, Scott, Skinner, D. Sommers, H. Sommers, Sump, Talcott, Thomas, Van Luven, Wensman, Wolfe, Woods and Mr. Speaker Ballard - 69.
Voting nay: Representatives Barlean, Constantine, Conway, Cooper, Dickerson, Dunshee, Edmonds, Fisher, Fortunato, Gombosky, Hurst, Kagi, Keiser, Kenney, McIntire, Ogden, Poulsen, Reardon, Regala, Romero, Ruderman, Santos, Schual-Berke, Stensen, Sullivan, Tokuda, Veloria, Wood and Mr. Speaker Chopp - 29.
Engrossed Substitute Senate Bill No. 6277 as amended by the House, having received the constitutional majority was declared passed.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6400, by Senate Committee on Ways & Means (originally sponsored by Senators Wojahn, Costa, Kohl-Welles, Winsley, Rasmussen and McAuliffe; by request of Governor Locke)
Changing provisions relating to domestic violence.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Appropriations was before the House for purpose of amendments. (For committee amendment(s), see Journal, 50th Day, February 28, 2000.)
Representative Ballasiotes moved the adoption of the following amendment (604) to the committee amendment:
On page 44, line 32 of the amendment, after "under" insert "this chapter,"
Representatives Ballasiotes and O'Brien spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Huff moved the adoption of the following amendment (661) to the committee amendment:
On page 54, after line 24, insert the following:
"NEW SECTION. Sec. 29. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void."
Renumber remaining sections consecutively and correct title and internal references accordingly.
Representatives Huff and O'Brien spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Carrell moved the adoption of the following amendment (614) to the committee amendment:
On page 54, after line 29 of the amendment, insert the following:
"Sec. 31. RCW 74.34.020 and 1999 c 176 s 3 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Abandonment" means action or inaction by a person or entity with a duty of care for a vulnerable adult that leaves the vulnerable person without the means or ability to obtain necessary food, clothing, shelter, or health care.
(2) "Abuse" means the willful action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a vulnerable adult. In instances of abuse of a vulnerable adult who is unable to express or demonstrate physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish. Abuse includes sexual abuse, mental abuse, physical abuse, and exploitation of a vulnerable adult, which have the following meanings:
(a) "Sexual abuse" means any form of nonconsensual sexual contact, including but not limited to unwanted or inappropriate touching, rape, sodomy, sexual coercion, sexually explicit photographing, and sexual harassment. Sexual abuse includes any sexual contact between a staff person, who is not also a resident or client, of a facility or a staff person of a program authorized under chapter 71A.12 RCW, and a vulnerable adult living in that facility or receiving service from a program authorized under chapter 71A.12 RCW, whether or not it is consensual.
(b) "Physical abuse" means the willful action of inflicting bodily injury or physical mistreatment. Physical abuse includes, but is not limited to, striking with or without an object, slapping, pinching, choking, kicking, shoving, prodding, or the use of chemical restraints or physical restraints unless the restraints are consistent with licensing requirements, and includes restraints that are otherwise being used inappropriately.
(c) "Mental abuse" means any willful action or inaction of mental or verbal abuse. Mental abuse includes, but is not limited to, coercion, harassment, inappropriately isolating a vulnerable adult from family, friends, or regular activity, and verbal assault that includes ridiculing, intimidating, yelling, or swearing.
(d) "Exploitation" means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another.
(3) "Consent" means express written consent granted after the vulnerable adult or his or her legal representative has been fully informed of the nature of the services to be offered and that the receipt of services is voluntary.
(4) "Department" means the department of social and health services.
(5) "Facility" means a residence licensed or required to be licensed under chapter 18.20 RCW, boarding homes; chapter 18.51 RCW, nursing homes; chapter 70.128 RCW, adult family homes; chapter 72.36 RCW, soldiers' homes; or chapter 71A.20 RCW, residential habilitation centers; state hospitals operated and maintained under chapter 72.23 RCW; or any other facility licensed by the department.
(6) "Financial exploitation" means the illegal or improper use of the property, income, resources, or trust funds of the vulnerable adult by any person for any person's profit or advantage.
(7) "Individual provider" means a person under contract with the department to provide services in the home under chapter 74.09 or 74.39A RCW.
(8) "Mandated reporter" is an employee of the department; law enforcement officer; social worker; professional school personnel; individual provider; an employee of a facility; an operator of a facility; an employee of a social service, welfare, mental health, adult day health, adult day care, home health, home care, or hospice agency; county coroner or medical examiner; Christian Science practitioner; or health care provider subject to chapter 18.130 RCW.
(9) "Neglect" means (a) a pattern of conduct or inaction by a person or entity with a duty of care to provide the goods and services that maintain physical or mental health of a vulnerable adult, or that avoids or prevents physical or mental harm or pain to a vulnerable adult; or (b) an act or omission that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult's health, welfare, or safety.
(10) "Permissive reporter" means any person, employee of a financial institution, attorney, or volunteer in a facility or program providing services for vulnerable adults.
(11) "Protective services" means any services provided by the department to a vulnerable adult with the consent of the vulnerable adult, or the legal representative of the vulnerable adult, who has been abandoned, abused, financially exploited, neglected, or in a state of self-neglect. These services may include, but are not limited to case management, social casework, home care, placement, arranging for medical evaluations, psychological evaluations, day care, or referral for legal assistance.
(12) "Self-neglect" means the failure of a vulnerable adult, not living in a facility, to provide for himself or herself the goods and services necessary for the vulnerable adult's physical or mental health, and the absence of which impairs or threatens the vulnerable adult's well-being. This definition may include a vulnerable adult who is receiving services through home health, hospice, or a home care agency, or an individual provider when the neglect is not a result of inaction by that agency or individual provider.
(13) "Vulnerable adult" includes a person:
(a) Sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself; or
(b) Found incapacitated under chapter 11.88 RCW; or
(c) Who has a developmental disability as defined under RCW 71A.10.020; or
(d) Admitted to any facility; or
(e) Receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW; or
(f) Receiving services from an individual provider.
Sec. 32. RCW 74.34.067 and 1999 c 176 s 9 are each amended to read as follows:
(1) Where appropriate, an investigation by the department may include a private interview with the vulnerable adult regarding the alleged abandonment, abuse, financial exploitation, neglect, or self-neglect.
(2) In conducting the investigation, the department shall interview the complainant, unless anonymous, and shall use its best efforts to interview the vulnerable adult or adults harmed, and, consistent with the protection of the vulnerable adult shall interview facility staff, any available independent sources of relevant information, including if appropriate the family members of the vulnerable adult.
(3) The department may conduct ongoing case planning and consultation with: (a) Those persons or agencies required to report under this chapter or submit a report under this chapter; (b) consultants designated by the department; and (c) designated representatives of Washington Indian tribes if client information exchanged is pertinent to cases under investigation or the provision of protective services. Information considered privileged by statute and not directly related to reports required by this chapter must not be divulged without a valid written waiver of the privilege.
(4) The department shall prepare and keep on file a report of each investigation conducted by the department for a period of time in accordance with policies established by the department.
(5) If the department determines that the vulnerable adult has suffered from abuse, neglect, self-neglect, abandonment, or financial exploitation, and lacks the ability or capacity to consent, and needs the protection of a guardian, the department may bring a guardianship action under chapter 11.88 RCW as an interested person.
(6) When the investigation is completed and the department determines that an incident of abandonment, abuse, financial exploitation, neglect, or self-neglect has occurred, the department shall inform the vulnerable adult of their right to refuse protective services, and ensure that, if necessary, appropriate protective services are provided to the vulnerable adult, with the consent of the vulnerable adult. The vulnerable adult has the right to withdraw or refuse protective services.
(7) Where appropriate, the department ((may)) shall photograph a vulnerable adult or their environment for the purpose of providing documentary evidence of the physical condition of the vulnerable adult or his or her environment. When photographing the vulnerable adult, the department shall obtain permission from the vulnerable adult or his or her legal representative unless immediate photographing is necessary to preserve evidence. However, if the legal representative is alleged to have abused, neglected, abandoned, or exploited the vulnerable adult, consent from the legal representative is not necessary. No such consent is necessary when photographing the physical environment.
(8) When the investigation is complete and the department determines that the incident of abandonment, abuse, financial exploitation, or neglect has occurred, the department shall inform the facility in which the incident occurred, consistent with confidentiality requirements concerning the vulnerable adult, witnesses, and complainants.
Sec. 33. RCW 74.34.080 and 1999 c 176 s 11 are each amended to read as follows:
If access is denied to an employee of the department seeking to investigate an allegation of abandonment, abuse, financial exploitation, or neglect of a vulnerable adult by an individual, the department ((may)) shall seek an injunction to prevent interference with the investigation. The court shall issue the injunction if the department shows that:
(1) There is reasonable cause to believe that the person is a vulnerable adult and is or has been abandoned, abused, financially exploited, or neglected; and
(2) The employee of the department seeking to investigate the report has been denied access.
Sec. 34. RCW 74.34.150 and 1986 c 187 s 9 are each amended to read as follows:
The department of social and health services((, in its discretion, may)) shall seek relief under RCW 74.34.110 through 74.34.140 on behalf of and with the consent of any vulnerable adult((. Neither the department of social and health services nor the state of Washington shall be liable for failure to seek relief on behalf of any persons under this section)) when there is reasonable cause to believe that there is a serious threat of substantial harm to the vulnerable adult.
Sec. 35. RCW 74.34.210 and 1995 1st sp.s. c 18 s 86 are each amended to read as follows:
A petition for an order for protection or an action for damages under this chapter may be brought by the plaintiff, or where necessary, by his or her family members and/or guardian or legal fiduciary, or as otherwise provided under this chapter. The death of the plaintiff shall not deprive the court of jurisdiction over a petition or claim brought under this chapter. Upon petition, after the death of the vulnerable person, the right to initiate or maintain the action shall be transferred to the executor or administrator of the deceased, for the benefit of the surviving spouse, child or children, or other heirs without regard to limitations set forth in chapter 4.20 RCW.
NEW SECTION. Sec. 36. RCW 74.34.170 (Services of department discretionary--Funding) and 1986 c 187 s 10 are each repealed."
Representative Carrell spoke in favor of the adoption of the amendment to the committee amendment.
Representative O'Brien requested a Scope & Object ruling on amendment 614.
********************************Ruling*****************************
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 Ballasiotes and O'Brien spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 6400, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6400, 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.
Engrossed Second Substitute Senate Bill No. 6400, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5001, by Senate Committee on Natural Resources, Parks & Recreation (originally sponsored by Senators Morton, Deccio, Honeyford, T. Sheldon, Swecker, Hargrove, Rossi, Hochstatter, Oke and Rasmussen)
Authorizing hunting of cougar with the aid of dogs.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Natural Resources was before the House for purpose of amendments. (For committee amendment(s), see Journal, 47th Day, February 25, 2000.)
Representative Dunshee moved the adoption of the following amendment (666) to the committee amendment:
On page 2, after line 2 of the amendment, strike everything through "time." on line 26 and insert the following:
"(b) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit, or capture and relocation, of black bear, cougar, bobcat, or lynx for scientific purposes.
(c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the killing of black bear, cougar, or bobcat, for the protection of a state and/or federally listed threatened or endangered species.
(3) Until June 30, 2004, and notwithstanding subsection (2) of this section, the commission shall authorize the use of dogs only in selected areas within a game management unit to address a public safety need presented by one or more cougar. This authority may only be exercised after the commission has determined that no other practical alternative to the use of dogs exists, and after the commission has adopted rules describing the conditions in which dogs may be used. Conditions that may warrant the use of dogs within a game management unit include, but are not limited to, confirmed cougar/human safety incidents, confirmed cougar/livestock and cougar/pet depredations, and the number of cougar capture attempts and relocations.
(4) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the director shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and a hunting license shall not be issued for a period of five years following the revocation. Following a subsequent violation of subsection (1) or (2) of this section by the same person, a hunting license shall not be issued to the person at any time.
NEW SECTION. Sec. 2. If specific funding for the purposes of this act in the amount of at least eight hundred thousand dollars, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void."
Renumber the remaining section consecutively, correct any internal references accordingly, and correct the title.
Representative Dunshee spoke twice in favor of the adoption of the amendment to the committee amendment.
Representatives Buck and Dunn spoke against the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was not adopted.
Representative Buck moved the adoption of the following amendment (665) to the committee amendment:
On page 2, after line 2 of the amendment, strike everything through "relocations." on line 18 and insert the following:
"(b) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit, or capture and relocation, of black bear, cougar, bobcat, or lynx for scientific purposes.
(c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the killing of black bear, cougar, or bobcat, for the protection of a state and/or federally listed threatened or endangered species.
(3) Notwithstanding subsection (2) of this section, the commission shall authorize the use of dogs only in selected areas within a game management unit to address a public safety need presented by one or more cougar. This authority may only be exercised after the commission has determined that no other practical alternative to the use of dogs exists, and after the commission has adopted rules describing the conditions in which dogs may be used. Conditions that may warrant the use of dogs within a game management unit include, but are not limited to, confirmed cougar/human safety incidents, confirmed cougar/livestock and cougar/pet depredations, and the number of cougar capture attempts and relocations."
Correct any internal references accordingly.
Representatives Buck and Kessler spoke in favor of the adoption of the amendment to the committee amendment.
Representative Dunshee spoke against the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Romero moved the adoption of the following amendment (652) to the committee amendment:
On page 2, after line 26 of the amendment, strike all of section 2 and insert the following:
"NEW SECTION. Sec. 2 The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation."
Correct the title
Representatives Romero, Regala, Dickerson and Hurst spoke in favor of the adoption of the amendment to the committee amendment.
Representatives Buck, Mastin, Clements and Fortunato spoke against the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was not adopted.
Representative Dickerson moved the adoption of the following amendment (662) to the committee amendment:
On page 2, after line 26 of the amendment, remove all of section 2
Correct the title
Representatives Dickerson and Dunshee spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was not adopted.
Representative Regala moved the adoption of the following amendment (663) to the committee amendment:
On page 2, after line 26 of the amendment, insert the following:
"NEW SECTION. Sec. 2. If specific funding for the purposes of this act in the amount of at least eight hundred thousand dollars, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void."
Renumber the remaining section consecutively, correct any internal references accordingly, and correct the title.
Representative Regala spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was not adopted.
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 Sump, Kessler, Buck and Clements spoke in favor of passage of the bill.
Representatives Regala and Romero spoke against passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5001, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5001, as amended by the House, and the bill passed the House by the following vote: Yeas - 62, Nays - 36, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Conway, Cox, Crouse, DeBolt, Delvin, Doumit, Dunn, Eickmeyer, Ericksen, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kastama, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Ogden, Parlette, Pennington, Pflug, Quall, Reardon, Rockefeller, Schindler, Schmidt, Schoesler, Skinner, D. Sommers, Stensen, Sullivan, Sump, Talcott, Van Luven, Wolfe, Woods and Mr. Speaker Ballard - 62.
Voting nay: Representatives Anderson, Ballasiotes, Barlean, Cody, Constantine, Cooper, Dickerson, Dunshee, Edmonds, Edwards, Esser, Fisher, Kagi, Keiser, Kenney, Lantz, Lovick, McIntire, Miloscia, Morris, Murray, Poulsen, Radcliff, Regala, Romero, Ruderman, Santos, Schual-Berke, Scott, H. Sommers, Thomas, Tokuda, Veloria, Wensman, Wood and Mr. Speaker Chopp - 36.
Engrossed Substitute Senate Bill No. 5001, as amended by the House, having received the constitutional majority, was declared passed.
I intended to vote NAY on Engrossed Substitute Senate Bill No. 5001.
AL O'BRIEN, 1st District
SUBSTITUTE SENATE BILL NO. 6663, by Senate Committee on Commerce, Trade, Housing & Financial Institutions (originally sponsored by Senators Wojahn, Prentice, Winsley and Kohl-Welles)
Preserving federally assisted housing and minimizing the involuntary displacement of tenants residing in such housing.
The bill was read the second time.
There being no objection, the committee amendment(s) by the Committee on Economic Development, Housing & Trade was adopted. (For committee amendment(s), see Journal, 46th Day, February 24, 2000.)
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Van Luven and Kenney spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6663, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6663, 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. 6663, as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6260, by Senate Committee on Judiciary (originally sponsored by Senators Rasmussen, Heavey, Haugen, Goings, Oke and Gardner)
Increasing penalties for manufacturing a controlled substance when children are present.
There being no objection, amendments (649) and (646) were withdrawn.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Constantine, Ballasiotes and Koster spoke in favor of the passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6260.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6260 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. 6260, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6531, by Senate Committee on Ways & Means (originally sponsored by Senators Long, Fraser, Winsley, Honeyford, Fairley, McAuliffe, Franklin, Bauer, Goings, Haugen, Hale, Rasmussen, Patterson, Eide, Kohl-Welles, Snyder, Stevens, B. Sheldon, Gardner, Spanel and Zarelli; by request of Joint Committee on Pension Policy)
Modifying the Washington school employees' retirement system plan 2 and 3.
The bill was read the second time.
Representative H. Sommers moved the adoption of the following amendment (669):
On page 4, after line 37, insert the following:
"NEW SECTION. Sec. 4. The joint committee on pension policy shall study the feasibility of providing an option of plan 2 or plan 3 for school employees retirement systems and teachers' retirement systems new employees, and it shall provide recommendations to the appropriate legislative committees by January 1, 2001."
Renumber remaining sections consecutively and correct title and internal references accordingly.
Representatives H. Sommers and Alexander 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 H. Sommers and Alexander spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6531, as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6531, 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. 6531, as amended by the House, having received the constitutional majority, was declared passed.
There being no objection, the following bills listed on the Second Reading calendar were returned to the Rules Committee:
SUBSTITUTE SENATE BILL NO. 5733,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5921,
SUBSTITUTE SENATE BILL NO. 6117,
ENGROSSED SENATE BILL NO. 6250,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6363,
SUBSTITUTE SENATE BILL NO. 6401,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6533,
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Lisk, the House adjourned until 10:00 a.m., Saturday, March 4, 2000, the 55th Legislative Day.
TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker
CYNTHIA ZEHNDER, Chief Clerk FRANK CHOPP, Speaker