NINETY SECOND DAY
___________________________________________________________________________________________
MORNING SESSION
___________________________________________________________________________________________
House Chamber, Olympia, Monday, April 9, 2001
The House was called to order at 10:00 a.m. by Speaker Chopp. The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Rebecca Blocher and Chris Angeles. Speaker Chopp led the Chamber in the Pledge of Allegiance. Prayer was offered by Representative Carolyn Edmonds.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES FROM THE SENATE
April 9, 2001
Mr. Speakers:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 1349,
HOUSE JOINT MEMORIAL NO. 4002,
and the same are herewith transmitted.
Tony M. Cook, Secretary
April 6, 2001
Mr. Speakers:
The Senate has passed the following bills:
SUBSTITUTE HOUSE BILL NO. 1136,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1180,
SUBSTITUTE HOUSE BILL NO. 1426,
SECOND SUBSTITUTE HOUSE BILL NO. 1499,
SECOND SUBSTITUTE HOUSE BILL NO. 1590,
SUBSTITUTE HOUSE BILL NO. 1596,
SUBSTITUTE HOUSE BILL NO. 1792,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 6, 2001
Mr. Speakers:
The Senate has passed:
and the same is herewith transmitted.
Tony M. Cook, Secretary
April 6, 2001
Mr. Speakers:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5205,
SUBSTITUTE SENATE BILL NO. 5484,
SUBSTITUTE SENATE BILL NO. 5502,
SUBSTITUTE SENATE BILL NO. 5734,
and the same are herewith transmitted.
Tony M. Cook, Secretary
April 6, 2001
Mr. Speakers:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 1019,
SUBSTITUTE HOUSE BILL NO. 1027,
SUBSTITUTE HOUSE BILL NO. 1140,
SUBSTITUTE HOUSE BILL NO. 1375,
SUBSTITUTE HOUSE BILL NO. 1632,
SUBSTITUTE HOUSE BILL NO. 1739,
ENGROSSED HOUSE BILL NO. 1864,
and the same are herewith transmitted.
Tony M. Cook, Secretary
April 6, 2001
Mr. Speakers:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5224,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5238,
and the same are herewith transmitted.
Tony M. Cook, Secretary
April 6, 2001
Mr. Speakers:
The President has signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5434,
SUBSTITUTE SENATE BILL NO. 5472,
SUBSTITUTE SENATE BILL NO. 5497,
SUBSTITUTE SENATE BILL NO. 5572,
SUBSTITUTE SENATE BILL NO. 5733,
SUBSTITUTE SENATE BILL NO. 5925,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5942,
SUBSTITUTE SENATE BILL NO. 6053,
SENATE JOINT MEMORIAL NO. 8006,
SENATE JOINT MEMORIAL NO. 8008,
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the Rules Committee was relieved of the following bills which were placed on the Second Reading calendar:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5500,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5937,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5970,
SUBSTITUTE SENATE BILL NO. 5988,
RESOLUTION
HOUSE RESOLUTION NO. 2001-4644, by Representatives Casada, Morell, Roach, Talcott, Marine, Pearson, Barlean, Ericksen, Woods, Benson, Bush, Kirby, Boldt, Darneille, Buck, Pflug, Lambert, Lisk, Skinner, Ballasiotes, Cairnes, Alexander, Carrell, Pennington, Jackley, Ahern, Esser, Jarrett, Mielke and Schmidt
WHEREAS, The annual Puyallup Valley Daffodil Festival is a cherished tradition for the people of Pierce County and the Northwest; and
WHEREAS, The year 2001 marks the sixty-eighth annual Puyallup Valley Daffodil Festival; and
WHEREAS, The Festival began in 1926 as a simple garden party in Sumner, and grew steadily each year until 1934 when flowers, which previously had been largely discarded in favor of bulbs, were used to decorate cars and bicycles for a short parade through Tacoma; and
WHEREAS, The Festival's 2001 events are ongoing, and will culminate in the April 21st Grand Floral Street Parade, winding its way from downtown Tacoma to the communities of Puyallup, Sumner, and Orting; and
WHEREAS, This year's Festival royalty includes princesses Kyleen Bennett, Puyallup High School; McKenzie Bennett, Washington High School; Hallie Blakey, Henry Foss High School; Amanda Coate, Sumner High School; Aiyana Cristal, Wilson High School; Maricris Eleno, Lakes High School; Lindy Falk, Clover Park High School; Tara Faw, Orting High School; Jennifer Granlund, Stadium High School; Nancy Jeffery, Curtis High School; Carly Kneeshaw, Eatonville High School; Ashley May, Mt. Tahoma High School; Ambre Meyer, Franklin Pierce High School; Sara Richotte, Chief Leschi High School; Alethea Rupers, Lincoln High School; Amy Smith, Spanaway Lake High School; Tiffany Stracke, Fife High School; Jenny Toft, Bethel High School; and Nicole Uhling, Rogers High School;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize and honor the many contributions made to our state by the Puyallup Valley Daffodil Festival and its organizers over the past sixty-eight years; and
BE IT FURTHER RESOLVED, That copies of this resolution be transmitted immediately by the Chief Clerks of the Washington State House of Representatives to the 2001 Puyallup Valley Daffodil Festival Officers and to the Members of the Festival Royalty.
House Resolution No. 4644 was adopted.
HOUSE RESOLUTION NO. 2001-4645, by Representatives Conway, Kirby, Schmidt, Talcott, Lantz, Fisher, Carrell, Campbell, Jackley, Darneille, Hatfield, Reardon, Doumit, Keiser, Dickerson, Simpson, Rockefeller, Murray, Schual-Berke, Dunshee, Edwards, Berkey, McDermott, Kenney, Tokuda, Edmonds, Kagi, Hunt, Ruderman, Ogden, Fromhold, Kessler, Grant, Santos, Gombosky, Eickmeyer and O'Brien
WHEREAS, It is the policy of the Washington state legislature to recognize and honor the contributions of individuals who have embraced and demonstrated the standards of excellence that enhance the well-being and quality of life of citizens of the state of Washington; and
WHEREAS, Helmut "Brownie" Braunsteiner was born in Austria in 1926, forced into the Hitler Youth organization at age thirteen and fled to the United States with his family in 1939; and
WHEREAS, He subsequently volunteered for the United States Army and served during World War II, Korea, the Berlin crisis, and Vietnam for a total of twenty-seven years in the military; and
WHEREAS, Brownie acted as an interpreter and translator at the Nuremberg War Crime Trials in 1945 and personally tutored President John F. Kennedy in 1961 in Berlin, Germany with the famous phrase, "Ich bin ein Berliner"; and
WHEREAS, Feeling a need to repay America for the freedom he received when he immigrated, Brownie became a tireless volunteer upon retiring from a life in the military; and
WHEREAS, His many roles include coordinating the Veterans of Foreign Wars Volunteers at the Veterans Administration Hospital in American Lake, acting as chairman of the Pierce County Veterans Advisory Council, cofounding the Veterans Independent Enterprises of Washington (VIEW) in Fife, and volunteering for the Diabetes Association of Pierce County; and
WHEREAS, Brownie is an appointed member of the Governor's Veterans Affairs Advisory Council, which is charged with advising the Governor on issues and events important to veterans and their families; and
WHEREAS, Brownie was instrumental in his work on the board which established the World War II Memorial on the State Capitol Campus in Olympia; and
WHEREAS, Brownie has personally touched the lives of thousands of veterans in the state of Washington, helping many of our country's heroes find their way to better health and a better life;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor Helmut "Brownie" Braunsteiner as a military hero and a hero to the countless veterans he assisted in his relentless efforts to improve the quality of life for veterans in the great state of Washington; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerks of the House of Representatives to Brownie Braunsteiner, each member of the Governor's Veterans Affairs Advisory Council, and the director of the Washington State Department of Veterans Affairs.
House Resolution No. 4645 was adopted.
SIGNED BY THE SPEAKERS
The Speakers signed:
SUBSTITUTE HOUSE BILL NO. 1376,
SUBSTITUTE HOUSE BILL NO. 1515,
SUBSTITUTE HOUSE BILL NO. 1763,
SUBSTITUTE HOUSE BILL NO. 2221,
SUBSTITUTE SENATE BILL NO. 5205,
SUBSTITUTE SENATE BILL NO. 5224,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5238,
SUBSTITUTE SENATE BILL NO. 5484,
SUBSTITUTE SENATE BILL NO. 5502,
SUBSTITUTE SENATE BILL NO. 5734,
SUBSTITUTE SENATE BILL NO. 5224,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5238,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5434,
SUBSTITUTE SENATE BILL NO. 5472,
SUBSTITUTE SENATE BILL NO. 5497,
SUBSTITUTE SENATE BILL NO. 5572,
SUBSTITUTE SENATE BILL NO. 5733,
SUBSTITUTE SENATE BILL NO. 5925,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5942,
SUBSTITUTE SENATE BILL NO. 6053,
SENATE JOINT MEMORIAL NO. 8006,
SECOND READING
SUBSTITUTE SENATE BILL NO. 5070 by Senate Committee on Judiciary; (originally sponsored by Senators Kline, McCaslin, Franklin, Kastama, Thibaudeau, Fraser, Patterson, Fairley and Winsley)
Restricting the length of the term of jury service.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Judiciary was adopted. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
There being no objection, amendment (148) was withdrawn.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Lambert and Lantz spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be the final passage of Substitute Senate Bill No. 5070 as amended by the House.
MOTIONS
On motion of Representative Buck, Representative Ballasiotes was excused. On motion of Representative Santos, Representative Morris was excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5070 as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 96.
Excused: Representatives Ballasiotes and Morris - 2.
Substitute Senate Bill No. 5070 as amended by the House, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5335 by Senate Committee on Economic Development & Telecommunications
Revising the authority of the statewide enhanced 911 program to support the statewide enhanced 911 system.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Crouse spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be the final passage of Substitute Senate Bill No. 5335.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5335 and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 95.
Voting nay: Representative Carrell - 1.
Excused: Representatives Ballasiotes and Morris - 2.
Substitute Senate Bill No. 5335, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 5491 by Senators Kline and Long
Revising small claims proceedings.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Lantz and Carrell spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be the final passage of Senate Bill No. 5491.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5491 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, and Mielke, Miloscia, Mitchell, Morell, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 96.
Excused: Representatives Morris, and Ballasiotes - 2.
Senate Bill No. 5491, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5703 by Senate Committee on Labor, Commerce & Financial Institutions
Describing what is not an alteration of a mobile home. (REVISED FOR ENGROSSED: Directing a study to be conducted of mobile/manufactured home alteration and repair permit problems.)
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Commerce & Labor was not adopted. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
There being no objection, the House deferred action on Engrossed Substitute Senate Bill No. 5703, and the bill held its place on the Second Reading calendar.
SUBSTITUTE SENATE BILL NO. 5905 by Senate Committee on Labor, Commerce & Financial Institutions
Concerning the negotiation, enforcement, and resolution of disputes regarding tribal/state gaming compacts under the federal Indian gaming regulatory act of 1988.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Commerce & Labor was adopted. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Clements and Conway spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be the final passage of Substitute Senate Bill No. 5905 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5905 as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 96.
Excused: Representatives Ballasiotes and Morris - 2.
Substitute Senate Bill No. 5905 as amended by the House, having received the necessary constitutional majority, was declared passed.
ENGROSSED SENATE JOINT MEMORIAL NO. 8016 by Senators Shin, Rasmussen and Sheahan
Emphasizing free and fair trade of aquaculture products between the United States and Canada. (REVISED FOR ENGROSSED: Emphasizing free and fair trade of nonanadromous aquaculture products between the United States and Canada.)
The joint memorial was read the second time.
There being no objection, the committee amendment by the Committee on Trade & Economic Development was adopted. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
There being no objection, the rules were suspended, the second reading considered the third and the joint memorial as amended by the House was placed on final passage.
Representative Eickmeyer spoke in favor of passage of the joint memorial.
Speaker Chopp stated the question before the House to be the final passage of Engrossed Senate Joint Memorial No. 8016 as amended by the House.
There being no objection, Representative Cooper was excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Joint Memorial No. 8016 as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3,.0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 95.
Excused: Representatives Ballasiotes, Cooper and Morris - 3.
Engrossed Senate Joint Memorial No. 8016 as amended by the House having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 5389 by Senator Gardner
Adjusting small claims jurisdiction.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Carrell and Lantz spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be the final passage of Senate Bill No. 5389.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5389 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 95.
Excused: Representatives Ballasiotes, Cooper and Morris - 3.
Senate Bill No. 5389, having received the necessary constitutional majority, was declared passed.
ENGROSSED SENATE JOINT RESOLUTION NO. 8208 by Senators Kline and Constantine
Amending the Constitution regarding the use of judges pro tempore.
The joint resolution was read the second time.
There being no objection, the committee amendment by the Committee on Judiciary was not adopted. (For committee amendment, see Journal, 81st Day, March 29, 2001.)
Representative Carrell moved the adoption of the following amendment (0119):
On page 1, beginning on line 11, after "to do so." strike all material through "tempore." on line 17 and insert "A case in the superior court may be tried by a judge((,)) pro tempore((, who must be)) either with the agreement of the parties if the judge pro tempore is a member of the bar, is agreed upon in writing by the parties litigant((,)) or their attorneys of record, and is approved by the court and sworn to try the case; or without the agreement of the parties if the judge pro tempore is a sitting elected judge and is acting as a judge pro tempore pursuant to supreme court rule. The supreme court rule must require assignments of judges pro tempore based on the judges' experience and must provide for the right, exercisable once during a case, to a change of judge pro tempore. Such right shall be in addition to any other right provided by law."
Representatives Carrell and Lantz spoke in favor of adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the joint resolution as amended by the House was placed on final passage.
Representatives Lantz and Carrell spoke in favor of passage of the joint resolution.
Speaker Chopp stated the question before the House to be the final passage of Engrossed Senate Joint Resolution No. 8208 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Joint Resolution No. 8208 as amended by the House and the bill passed the House by the following vote: Yeas - 91, Nays - 5, Absent - 0, Excused - 2,.0.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 91.
Voting nay: Representatives Mulliken, Poulsen, Roach, Barlean and Dunn - 5.
Excused: Representatives Morris and Ballasiotes - 2.
Engrossed Senate Joint Resolution No. 8208 as amended by the House, having received the constitutional two-thirds majority, was declared passed.
ENGROSSED SENATE BILL NO. 5394 by Senators Kline, Long and Constantine
Revising provisions concerning the use of judges pro tempore.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Judiciary was adopted. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Carrell and Lantz spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be the final passage of Engrossed Senate Bill No. 5394 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5394 as amended by the House and the bill passed the House by the following vote: Yeas - 91, Nays - 5, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 91.
Voting nay: Representatives Barlean, Dunn, Mulliken, Poulsen, and Roach - 5.
Excused: Representatives Ballasiotes and Morris - 2.
Engrossed Senate Bill No. 5394 as amended by the House, having received the necessary constitutional majority, was declared passed.
There being no objection, the House reverted to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HB 2234 by Representatives Ahern, Mastin, Mulliken, Roach, Schindler, Sump, Anderson, Jarrett, Armstrong, McMorris, Benson, Morell, Cox, Mielke, Pearson, Mitchell, Alexander and Casada
AN ACT Relating to clarifying the repeal of motor vehicle taxes; creating a new section; repealing RCW 35.58.273, 35.58.274, 35.58.275, 35.58.276, 35.58.277, and 35.58.278; and declaring an emergency.
Held on First Reading.
HB 2235 by Representatives Cooper, Ericksen, Berkey, Barlean, Lovick, Dunshee, Crouse, Poulsen, Fromhold, Jarrett, Rockefeller, Edmonds, Morris, Marine, Murray, Linville and Conway
AN ACT Relating to providing incentives to reduce air pollution from diesel fuels; amending RCW 82.36.010, 82.34.010, and 82.34.020; adding a new section to chapter 82.36 RCW; and providing an expiration date.
Referred to Committee on Transportation.
HB 2236 by Representatives Sehlin and Sommers
AN ACT Relating to modifying the process through which economic assumptions, contribution rates, and valuation methodologies are established for the public pension systems; amending RCW 41.45.010, 41.45.010, 41.45.020, 41.45.030, 41.45.050, 41.45.050, 41.45.061, 41.45.067, 41.45.070, 41.45.080, 41.45.120, and 41.45.100; reenacting and amending RCW 41.45.020, 41.45.060, 41.45.061, and 41.45.070; adding new sections to chapter 41.45 RCW; decodifying RCW 41.45.0602; providing effective dates; providing an expiration date; and declaring an emergency.
Referred to Committee on Appropriations.
HB 2237 by Representatives Sommers, Sehlin and Fromhold
AN ACT Relating to school districts' essential academic learning requirements assessment schedule; and amending RCW 28A.655.060.
Referred to Committee on Appropriations.
HB 2238 by Representative Conway
AN ACT Relating to child hearing screening; adding a new section to chapter 41.05 RCW; adding a new section to chapter 48.21 RCW; adding a new section to chapter 48.44 RCW; adding a new section to chapter 48.46 RCW; and adding a new section to chapter 74.09 RCW.
Referred to Committee on Health Care.
HB 2239 by Representatives Fisher, Cooper, Rockefeller, Ruderman, Schual-Berke, Eickmeyer, Edmonds, McDermott, Keiser, Santos, Dickerson, Conway, Edwards, Fromhold, Lantz, Sommers and Murray
AN ACT Relating to regional transportation governance; adding a new chapter to Title 81 RCW; and declaring an emergency.
Referred to Committee on Transportation.
HB 2240 by Representatives Ogden, Schmidt, Jackley and Fromhold
AN ACT Relating to primaries; amending RCW 29.01.090, 29.04.180, 29.24.070, 29.27.020, 29.27.030, 29.30.005, 29.30.095, 29.30.101, 29.42.010, 29.42.050, and 42.17.020; adding new sections to chapter 29.01 RCW; adding a new section to chapter 29.07 RCW; adding new sections to chapter 29.15 RCW; adding a new section to chapter 29.81A RCW; adding a new chapter to Title 29 RCW; repealing RCW 29.18.010, 29.18.120, 29.18.150, 29.18.160, and 29.18.200; and declaring an emergency.
Referred to Committee on Select Committee on Elections.
SB 5082 by Senators Haugen, T. Sheldon, Rasmussen and Gardner
AN ACT Relating to defining rural counties for purposes of sales and use tax for public facilities; and amending RCW 82.14.370.
Referred to Committee on Finance.
SB 5102 by Senators Snyder, Rasmussen, T. Sheldon, Gardner, Prentice and McCaslin
AN ACT Relating to sales and use taxation of nonprofit hospitals; adding a new section to chapter 82.08 RCW; and adding a new section to chapter 82.12 RCW.
Referred to Committee on Finance.
ESSB 5237 by Senate Committee on Ways & Means
AN ACT Relating to the fair fund; and amending RCW 15.76.115.
Referred to Committee on Appropriations.
E2SSB 5514 by Senate Committee on Ways & Means
AN ACT Relating to public facilities districts; amending RCW 35.57.010, 35.57.020, 36.100.030, and 82.14.390; adding new sections to chapter 35.57 RCW; and adding new sections to chapter 36.100 RCW.
Referred to Committee on Finance.
SB 6036 by Senators Eide, Benton, Winsley, Oke, Long, Stevens, Johnson, Finkbeiner, Hale, Hochstatter, Carlson, Swecker, Rossi, Roach, T. Sheldon, Patterson and Kastama
AN ACT Relating to local motor vehicle excise taxes; creating a new section; repealing RCW 35.58.273, 35.58.274, 35.58.275, 35.58.276, 35.58.277, 35.58.278, 35.58.279, 35.58.2791, and 35.58.2792; providing a retroactive effective date; and declaring an emergency.
Held on First Reading.
SB 6092 by Senators Kohl-Welles, Costa and Oke
AN ACT Relating to the exemption from taxation of housing for very low-income households; amending RCW 84.36.560; and reenacting and amending RCW 84.36.805.
Referred to Committee on Finance.
SCR 8415 by Senators Snyder and West
Amending cutoff dates.
Held on First Reading.
There being no objection, the bills and resolution listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1845 by Representatives Sehlin and Sommers
Increasing the fee for a surface mining reclamation permit.
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 Sehlin and Sommers spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be the final passage of Engrossed House Bill No. 1845.
There being no objection, Representatives Edwards, Mulliken, and Ballard were excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 1845 and the bill passed the House by the following vote: Yeas - 87, Nays - 7, Absent - 0, Excused - 4.
Voting yea: Representatives Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Talcott, Tokuda, Veloria, Wood, Woods, and Speaker Chopp - 87.
Voting nay: Representatives Ahern, Cox, Crouse, Roach, Schindler, Sump, and Van Luven - 7.
Excused: Representatives Ballasiotes, Edwards, Mulliken, and Ballard - 4.
Engrossed House Bill No. 1845, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5703 by Representative Labor, Commerce & Financial Institutions
Describing what is not an alteration of a mobile home. (REVISED FOR ENGROSSED: Directing a study to be conducted of mobile/manufactured home alteration and repair permit problems.)
Representative Kessler moved the adoption of the following amendment (0156):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.22.335 and 1999 c 22 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.22.340 through 43.22.420.
(1)(("Park trailer" means a park trailer as defined in the American National Standards Institute A119.5 standard for park trailers.
(2) "Recreational vehicle" means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.
(3))) "Conversion vendor units" means a motor vehicle or recreational vehicle that has been converted or built for the purpose of being used for commercial sales at temporary locations. The units must be less than eight feet six inches wide in the set-up position and the inside working area must be less than forty feet in length.
(((4))) (2) "Manufactured home" means a single-family dwelling required to be built in accordance with regulations adopted under the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.).
(3) "Medical unit" means a self-propelled unit used to provide medical examinations, treatments, and medical and dental services or procedures, not including emergency response vehicles.
(4) "Mobile home" means a factory-built dwelling built before June 15, 1976, to standards other than the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state.
(5) "Park trailer" means a park trailer as defined in the American national standards institute A119.5 standard for park trailers.
(6) "Recreational vehicle" means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.
Sec. 2. RCW 43.22.420 and 1999 c 22 s 9 are each amended to read as follows:
There is hereby created a factory assembled structures advisory board consisting of nine members to be appointed by the director of labor and industries. It shall be the purpose and function of the board to advise the director on all matters pertaining to the enforcement of this chapter including but not limited to standards of body and frame design, construction and plumbing, heating and electrical installations, minimum inspection procedures, the adoption of rules pertaining to the manufacture of factory assembled structures, ((mobile)) manufactured homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and park trailers. The advisory board shall periodically review the rules adopted under RCW 43.22.450 through 43.22.490 and shall recommend changes of such rules to the department if it deems changes advisable.
The members of the advisory board shall be representative of consumers, the regulated industries, and allied professionals. The term of each member shall be four years. However, the director may appoint the initial members of the advisory board to staggered terms not exceeding four years.
The chief inspector or any person acting as chief inspector for the factory assembled structures, manufactured or mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, and park trailer section shall serve as secretary of the board during his tenure as chief. Meetings of the board shall be called at the discretion of the director of labor and industries, but at least quarterly. Each member of the board shall be paid travel expenses in accordance with RCW 43.03.050 and 43.03.060 which shall be paid out of the appropriation to the department of labor and industries, upon vouchers approved by the director of labor and industries or his or her designee.
Sec. 3. RCW 43.22.431 and 1977 ex.s. c 21 s 1 are each amended to read as follows:
The director of the department of labor and industries may enforce ((mobile)) manufactured home safety and construction standards adopted by the secretary of housing and urban development under the national ((Mobile)) manufactured home construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426). Furthermore, the director may make agreements with the United States government and private inspection organizations to implement the development and enforcement of applicable provisions of this chapter and the national ((Mobile)) manufactured home construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426).
Sec. 4. RCW 43.22.432 and 1977 ex.s. c 21 s 2 are each amended to read as follows:
(1) The department may adopt all standards and regulations adopted by the secretary under the national ((Mobile)) manufactured home construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426) for ((mobile)) manufactured home construction and safety standards. If any deletions or amendments to the federal standards or regulations are thereafter made and notice thereof is given to the department, the standards or regulations shall be considered automatically adopted by the state under this chapter after the expiration of thirty days from publication in the federal register of a final order describing the deletions or amendments unless within that thirty day period the department objects to the deletion or amendment. In case of objection, the department shall proceed under the rule making procedure of chapter 34.05 RCW.
(2) The department shall adopt rules with respect to manufactured homes installed in accordance with the standards adopted under RCW 43.22.440 that:
(a) Specify exemptions from a requirement for a permit to alter a manufactured home;
(b) Authorize the granting of variances from the rules adopted under this section for alterations that use materials, designs, or methods of construction different from those required under the rules adopted under this section; and
(c) Require the seller of a manufactured home to deliver to the buyer prior to the sale a completed property transfer disclosure statement that includes all the criteria specified in RCW 64.06.020 and a copy of a variance, if any, granted under the rules adopted under this section. Nothing in this chapter shall be construed to prohibit the sale of a manufactured home that was altered unless the alteration makes the home unsafe so that its use may constitute a hazard to life, safety, or health.
Sec. 5. RCW 43.22.434 and 1999 c 22 s 10 are each amended to read as follows:
(1) The director or the director's authorized representative may conduct such inspections, investigations, and audits as may be necessary to adopt or enforce manufactured and mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, park trailer, factory built housing, and factory built commercial structure rules adopted under the authority of this chapter or to carry out the director's duties under this chapter.
(2) For purposes of enforcement of this chapter, persons duly designated by the director upon presenting appropriate credentials to the owner, operator, or agent in charge may:
(a) At reasonable times and without advance notice enter any factory, warehouse, or establishment in which manufactured and mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, park trailers, factory built housing, and factory built commercial structures are manufactured, stored, or held for sale;
(b) At reasonable times, within reasonable limits, and in a reasonable manner inspect any factory, warehouse, or establishment as required to comply with the standards adopted by the secretary of housing and urban development under the national ((Mobile)) manufactured home construction and safety standards act of 1974. Each inspection shall be commenced and completed with reasonable promptness; and
(c) As requested by an owner of a conversion vending unit or medical unit, inspect an alteration.
(3) The department shall set a schedule of fees by rule which will cover the costs incurred by the department in the administration of RCW 43.22.335 through 43.22.490.
Sec. 6. RCW 43.22.440 and 1988 c 239 s 5 are each amended to read as follows:
(1) The legislature finds that inspections of manufactured and mobile home installation are not done on a consistent basis. Manufactured and mobile homes provide housing for many people in the state, and improperly installed manufactured or mobile homes are a serious health and safety risk. Where possible and practical, manufactured and mobile homes should be treated the same as any housing inhabited or to be inhabited by persons in this state, including housing built according to the state building code.
(2) In consultation with the factory assembled structures advisory board for ((mobile)) manufactured homes, the director of labor and industries shall by rule establish uniform standards for the performance and workmanship of installation service and warranty service by persons or entities engaged in performing the services within this state for all manufactured and mobile homes, as defined in RCW 46.04.302. The standards shall conform, where applicable, with statutes, rules, and recommendations established under the ((federal)) national ((mobile)) manufactured home construction and safety standards act of 1974 (42 U.S.C. Sec. 5401 et seq.). These rules regarding the installation of manufactured and mobile homes shall be enforced and fees charged by the counties and cities in the same manner the state building code is enforced under RCW 19.27.050.
(3) In addition to and in conjunction with the remedies provided in this chapter, failure to remedy any breach of the standards and rules so established, upon adequate notice and within a reasonable time, is a violation of the consumer protection act, chapter 19.86 RCW and subject to the remedies provided in that chapter.
Sec. 7. RCW 43.22.442 and 1980 c 153 s 2 are each amended to read as follows:
A manufacturer of ((mobile)) manufactured homes who designates a representative within this state to provide consumers with warranty service for ((mobile)) manufactured homes on behalf of the manufacturer shall make reasonable and timely compensation to the representative for performance of the warranty service.
Sec. 8. RCW 43.22.450 and 1973 1st ex.s. c 22 s 1 are each amended to read as follows:
Whenever used in RCW 43.22.450 through 43.22.490:
(1) "Department" means the Washington state department of labor and industries;
(2) "Approved" means approved by the department;
(3) "Factory built housing" means any structure designed primarily for human occupancy other than a manufactured or mobile home the structure or any room of which is either entirely or substantially prefabricated or assembled at a place other than a building site;
(4) "Install" means the assembly of factory built housing or factory built commercial structures at a building site;
(5) "Building site" means any tract, parcel or subdivision of land upon which factory built housing or a factory built commercial structure is installed or is to be installed;
(6) "Local enforcement agency" means any agency of the governing body of any city or county which enforces laws or ordinances governing the construction of buildings;
(7) "Commercial structure" means a structure designed or used for human habitation, or human occupancy for industrial, educational, assembly, professional or commercial purposes.
NEW SECTION. Sec. 9. (1) A joint legislative task force is created to review chapter 43.22 RCW as it pertains to the regulation of manufactured and mobile homes. The task force membership shall consist of:
(a) One member from each caucus of the senate labor, commerce and financial institutions committee, appointed by the president of the senate;
(b) One member from each caucus of the house commerce and labor committee, appointed by the co-speakers of the house of representatives;
(c) Representatives of the mobile/manufactured homeowners, mobile/manufactured home mortgage lenders, mobile/manufactured home manufacturers and retailers, realtors, business and labor representatives of the electrical and plumbing trades, and other state or local government agencies as appropriate, appointed jointly by the president of the senate and the co-speakers of the house of representatives; and
(d) A representative of the department of labor and industries. The department shall cooperate with the task force and provide such technical expertise as the task force co-chairs may reasonably require.
(2) The task force shall choose its co-chairs from among its membership.
(3) The study shall review at least the following issues:
(a) The fact that many mobile/manufactured homeowners have performed alterations or repairs to their homes without obtaining the required permits with the result that potential buyers may be unable to obtain mortgage financing from the usual sources;
(b) The costs associated with obtaining required permits, particularly on those occasions when an engineering analysis is required;
(c) The possibility of reducing the number and type of repairs and alterations that require a permit, consistent with public health and safety considerations;
(d) The appropriateness of the current legal sanction for not obtaining a permit when required;
(e) The feasibility and desirability of allowing for inspections of mobile/manufactured home alterations by local building officials; and
(f) Any methods, procedures, or changes in the law that can assist mobile/manufactured homeowners in the proper and economical maintenance and improvement of their homes, and the protection of their equity.
(4) The task force shall use legislative facilities and staff from senate committee services and the office of program research. Each nonlegislative member of the task force is eligible to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. All expenses of the task force, including travel, shall be paid jointly by the senate and the house of representatives.
(5) The task force shall report its findings and recommendations to the legislature by January 1, 2002.
(6) This section expires April 1, 2002.
NEW SECTION. Sec. 10. This act applies to manufactured homes without regard to the date such homes may have been altered."
Correct the title.
Representatives Kessler, Buck, Conway and Clements spoke in favor of 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 as amended by the House was placed on final passage.
Representative Buck spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5703 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5703 as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 95.
Excused: Representatives Ballasiotes, Edwards and Mulliken - 3.
Engrossed Substitute Senate Bill No. 5703 as amended by the House, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5494 by Senate Committee on Transportation
Clarifying noise laws for motor vehicles.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Transportation was before the House for purpose of amendment. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
There being no objection, amendment number (159) was withdrawn.
Representative Kagi moved the adoption of the following amendment (164) to the committee amendment:
On page 2, line 18, after "vehicles", strike "twenty-five or more years old" and insert the following: "thirty or more years old as provided for in RCW 46.16.305 (1)"
Representative Kagi spoke in favor of the adoption of the amendment to the committee amendment.
Representative DeBolt spoke against adoption of the amendment to the committee amendment.
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 as amended by the House was placed on final passage.
Representatives Mitchell and Fisher spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be the final passage of Substitute Senate Bill No. 5494 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5494 as amended by the House and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 94.
Voting nay: Representative Kagi - 1.
Excused: Representatives Ballasiotes, Edwards and Mulliken - 3.
Substitute Senate Bill No. 5494 as amended by the House, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5862 by Representative Natural Resources, Parks & Shorelines
Streamlining the process of selling valuable materials from state lands.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Natural Resources was before the House for purpose of amendments. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
There being no objection, amendment number (0160) was withdrawn.
Representative Romero moved the adoption of the following amendment (0162) to the committee amendment:
On page 5, after line 26 of the amendment, strike all material through "post" on page 5, line 32 of the amendment and insert "published not less than two times during a four week period prior to the time of sale in at least one newspaper of general circulation in the county in which the whole, or any part of any lot, block, or tract of land to be sold, or the material upon which is to be sold is situated, and by ((causing)) posting"
Representatives Romero and Sump 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 as amended by the House was placed on final passage.
Representatives Doumit and Sump spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be the final passage of Substitute Senate Bill No. 5862 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5862 as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 95.
Excused: Representatives Ballasiotes, Edwards and Mulliken - 3.
Substitute Senate Bill No. 5862 as amended by the House, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 5852 by Senators Franklin, Kline, Costa and Kohl-Welles
Reporting on issues pertaining to racial profiling.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Lovick and Sehlin spoke in favor of passage of the bill.
Speaker Chopp stated the question before the House to be the final passage of Senate Bill No. 5852 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5852 as amended by the House and the bill passed the House by the following vote: Yeas - 93, Nays - 2, Absent - 0, Excused - 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Barlean, Benson, Berkey, Boldt, Buck, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 93.
Voting nay: Representatives Armstrong, and Bush - 2.
Excused: Representatives Ballasiotes, Edwards and Mulliken - 3.
Senate Bill No. 5852 as amended by the House, having received the necessary constitutional majority, was declared passed.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Kessler, the House adjourned until 10:00 a.m., April 10, 2001, the 93rd Legislative Day.
CLYDE BALLARD, Speaker FRANK CHOPP, Speaker
TIMOTHY A. MARTIN, Chief Clerk CYNTHIA ZEHNDER, Chief Clerk