SECOND SPECIAL LEGISLATIVE SESSION

___________________________________________________________________________________________

FIRST DAY

___________________________________________________________________________________________

House Chamber, Olympia, Monday, June 4, 2001

The House was called to order at 12:00 p.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 Janice Miller and Sue Frans. Speaker Chopp led the Chamber in the Pledge of Allegiance. Prayer was offered by Representative Jeff Gombosky.

PROCLAMATION BY THE GOVERNOR

WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the Legislature adjourned its 2001 regular session on April 22, 2001, the 105th day of the session, and adjourned the first special session of 2001 on May 24, 2001, the 30th day of the special session; and

WHEREAS, state operating, transportation and capital budgets, including bonds and measures necessary to implement them were not passed; and

WHEREAS, substantial work remains to be done with respect to transportation, including reforms and efficiencies, regional governance, projects and investments, the Tacoma Narrows Bridge, revenue, and bonds; and

WHEREAS, work also remains to be done to pass legislation affection the primary election system, accountability for student achievement, school safety -- including anti-bullying policy, splitting the Department of Community, Trade and Economic Development, shorelines rule implementation, the siting of certain sexual predators at McNeil Island, post-retirement employment, medical coverage for the disabled who work, and welfare simplification;

NOW, THEREFORE, I, Gary Locke, Governor of the State of Washington by virtue of the authority vested in me by Article II, Section 12 (Amendment 68) and Article III, Section 7 of the Washington State Constitution, do hereby convene the Washington State Legislature in a second special session in the Capitol at Olympia at twelve o'clock noon on June 4, 2001 for a period of not more than two weeks for the purpose of enacting legislation as described above.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the State of Washington to be affixed at Olympia this 24th day of May, A.D., two thousand one.

Gary Locke, Governor of Washington

MESSAGE FROM THE SENATE

June 4, 2001

Mr. Speakers:

The Senate has adopted:

SENATE CONCURRENT RESOLUTION NO. 8419,

and the same is herewith transmitted.

Tony M. Cook, Secretary

INTRODUCTIONS AND FIRST READING

HB 2267 by Representatives Reardon, Pearson, Berkey, Schmidt, Lovick, Barlean, Cooper, Morris, Dunshee, Ericksen and Edwards

Providing a tax deduction for certain aircraft component parts

Held on First Reading.

SCR 8419 by Senators Snyder and Johnson

Concerning the status of bills, memorials, and resolutions for the 2001 second special session of the fifty-seventh legislature.

There being no objection, Senate Concurrent Resolution No. 8419 was read the first time, the rules were suspended and the concurrent resolution was placed on the Second Reading calendar.

SECOND READING

SENATE CONCURRENT RESOLUTION NO. 8419, By Senators Snyder and Johnson

Concerning the status of bills, memorials, and resolutions for the 2001 second special session of the fifty-seventh legislature.

The concurrent resolution was read the second time.

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

Speaker Chopp stated the question before the House to be the adoption of Senate Concurrent Resolution No. 8419.

Senate Concurrent Resolution No. 8419 was adopted.

There being no objection, the Rules Committee was relieved of the following bills which were placed on the Third Reading calendar:

HOUSE BILL NO. 1162,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1266,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1517,

SUBSTITUTE HOUSE BILL NO. 1624,

SUBSTITUTE HOUSE BILL NO. 1717,

ENGROSSED HOUSE BILL NO. 1886,

SUBSTITUTE HOUSE BILL NO. 1906,

HOUSE BILL NO. 1984,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2138,

SUBSTITUTE HOUSE BILL NO. 2227,

HOUSE BILL NO. 2233,

ENGROSSED HOUSE BILL NO. 2262,

ENGROSSED HOUSE BILL NO. 2266,

THIRD READING

HOUSE BILL NO. 1162, By Representatives McMorris, Cody, Alexander, Schual-Berke, Mastin, Cox, Mulliken, Sump, G. Chandler, Lisk, B. Chandler, Hatfield, Schoesler, Grant, Armstrong, Kessler, Doumit, DeBolt, Delvin, Dickerson, Kenney, Bush, Conway, Edmonds, Pflug and Haigh

Providing medical assistance reimbursements for small, rural hospitals.

Representatives McMorris and Cody spoke in favor of the passage of the bill.

Speaker Chopp stated the question before the House to be the final passage of House Bill No. 1162.

MOTIONS

On motion of Representative Schoesler, Representatives Benson, Campbell, Delvin, and Pennington were excused. On motion of Representative Santos, Representatives Dickerson, Haigh, Kenney, McIntire, Murray, Poulsen, Quall and Sommers were excused.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1162 and the bill passed the House by the following vote: Yeas - 86, Nays - 0, Absent - 0, Excused - 12.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Berkey, Boldt, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, O'Brien, Ogden, Pearson, Pflug, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 86.

Excused: Representatives Benson, Campbell, Delvin, Dickerson, Haigh, Kenney, McIntire, Murray, Pennington, Poulsen, Quall, and Sommers - 12.

House Bill No. 1162, having received the necessary constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1517, By House Committee on State Government (originally sponsored by Representatives Miloscia, Anderson, Dunshee, Jarrett, Hunt, Keiser, Lambert, Ruderman, Rockefeller, Fromhold, Schindler, Boldt, Kenney, Simpson, Barlean, Tokuda and Dickerson)

Establishing quality management programs.

Representative Miloscia spoke in favor of the passage of the bill.

Speaker Chopp stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1517.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1517 and the bill passed the House by the following vote: Yeas - 86, Nays - 0, Absent - 0, Excused - 12.

Excused: Representatives Benson, Campbell, Delvin, Dickerson, Haigh, Kenney, McIntire, Murray, Pennington, Poulsen, Quall, and Sommers - 12.

Engrossed Substitute House Bill No. 1517, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE HOUSE BILL NO. 1624, By House Committee on Finance (originally sponsored by Representatives Morris, Cairnes, Reardon, Conway, Dunshee, Ogden, Pennington, Van Luven, Doumit, Veloria, Dickerson, Fromhold, Anderson and Edwards)

Clarifying the taxation of amounts received by public entities for health or welfare services.

Representative Morris spoke in favor of the passage of the bill.

Speaker Chopp stated the question the House to be the final passage of Substitute House Bill No. 1624.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1624 and the bill passed the House by the following vote: Yeas - 87, Nays - 0, Absent - 0, Excused - 11.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Berkey, Boldt, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, O'Brien, Ogden, Pearson, Pflug, 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 - 87.

Excused: Representatives Benson, Campbell, Delvin, Dickerson, Haigh, Kenney, McIntire, Murray, Pennington, Poulsen, and Quall - 11.

Substitute House Bill No. 1624, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE HOUSE BILL NO. 1717, By House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Morell, O'Brien, Ballasiotes, McMorris, Cairnes and Ahern)

Exempting from public inspection specified information on correctional facilities.

Representative O'Brien spoke in favor of the passage of the bill.

Speaker Chopp stated the question the House to be the final passage of Substitute House Bill No. 1717.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1717 and the bill passed the House by the following vote: Yeas - 87, Nays - 0, Absent - 0, Excused - 11.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Berkey, Boldt, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, O'Brien, Ogden, Pearson, Pflug, 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 - 87.

Excused: Representatives Benson, Campbell, Delvin, Dickerson, Haigh, Kenney, McIntire, Murray, Pennington, Poulsen, and Quall - 11.

Substitute House Bill No. 1717, having received the necessary constitutional majority, was declared passed.

THIRD READING

ENGROSSED HOUSE BILL NO. 1886, By Representatives Linville, G. Chandler, Grant, Doumit, B. Chandler and Hatfield

Reducing the tax on health products for animals.

There being no objection, the rules were suspended and Engrossed House Bill No. 1886 was returned to Second Reading for purpose of amendments.

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

SECOND READING

ENGROSSED HOUSE BILL NO. 1886, By Representatives Linville, G. Chandler, Grant, Doumit, B. Chandler and Hatfield

Reducing the tax on health products for animals.

Representative G. Chandler moved the adoption of the following amendment (225):

On page 1, beginning on line 4, strike all material through "RCW 82.04.2635(2)." on page 6, line 3, and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 82.08 RCW to read as follows:

(1) The tax levied by RCW 82.08.020 does not apply to sales to farmers or to veterinarians of animal pharmaceuticals approved by the United States department of agriculture or by the United States food and drug administration, if the pharmaceutical is to be administered to an animal that is raised by a farmer for the purpose of producing for sale an agricultural product.

(2) The exemption is available only when the buyer provides the seller with an exemption certificate in a form and manner prescribed by the department. The seller must retain a copy of the certificate for the seller's files.

(3) For the purposes of this section and section 2 of this act, the following definitions apply:

(a) "Farmer" and "agricultural product" mean the same as in RCW 82.04.213.

(b) "Veterinarian" means a person who is licensed to practice veterinary medicine, surgery, or dentistry under chapter 18.92 RCW.

NEW SECTION. Sec. 2. A new section is added to chapter 82.12 RCW to read as follows:

(1) The provisions of this chapter do not apply with respect to the use by farmers or by veterinarians of animal pharmaceuticals approved by the United States department of agriculture or by the United States food and drug administration, if the pharmaceutical is administered to an animal that is raised by a farmer for the purpose of producing for sale an agricultural product.

(2) The definitions in section 1 of this act apply to this section."

Correct the title accordingly

Renumber the remaining sections consecutively

Representative G. Chandler spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Linville moved the adoption of the following amendment (254):

On page 6, line 4, after "this act" insert "is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and"

Representative Linville 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 Linville and G. Chandler spoke in favor of passage of the bill.

Speaker Chopp stated the question before the House to be the final passage of Second Engrossed House Bill No. 1886.

ROLL CALL

The Clerk called the roll on the final passage of Second Engrossed House Bill No. 1886 and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Berkey, Boldt, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, O'Brien, Ogden, Pearson, Pflug, 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 - 88.

Excused: Representatives Benson, Campbell, Delvin, Dickerson, Haigh, Kenney, McIntire, Murray, Pennington, and Poulsen - 10.

Second Engrossed House Bill No. 1886, having received the necessary constitutional majority, was declared passed.

THIRD READING

SUBSTITUTE HOUSE BILL NO. 1906, By House Committee on Finance (originally sponsored by Representatives Linville, G. Chandler, Schoesler, Haigh, B. Chandler, Hunt, Morris, Kirby, Grant, Jackley, Cox, Hatfield, Mielke, Armstrong, Delvin, Mulliken, Sump, McMorris, Barlean, Pflug, Kessler, Pearson and Conway)

Exempting farming machinery and equipment from the state property tax.

Representative Linville spoke in favor of the passage of the bill.

Speaker Chopp stated the question before the House to be the final passage of Substitute House Bill No. 1906.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1906 and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Berkey, Boldt, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, O'Brien, Ogden, Pearson, Pflug, 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 - 88.

Excused: Representatives Benson, Campbell, Delvin, Dickerson, Haigh, Kenney, McIntire, Murray, Pennington, and Poulsen - 10.

Substitute House Bill No. 1906, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1984, By Representatives Quall, Morris, Barlean, Cooper, Ericksen, Dunshee, Linville, Hatfield, Ruderman, Poulsen, Conway, Lovick and Kagi

Creating the small farm direct marketing assistance program.

Representative Morris spoke in favor of the passage of the bill.

Speaker Chopp stated the question before the House to be the final passage of House Bill No. 1984.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1984 and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Berkey, Boldt, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, O'Brien, Ogden, Pearson, Pflug, 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 - 88.

Excused: Representatives Benson, Campbell, Delvin, Dickerson, Haigh, Kenney, McIntire, Murray, Pennington, and Poulsen - 10.

House Bill No. 1984, having received the necessary constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2138, By House Committee on Finance (originally sponsored by Representatives G. Chandler, Linville, Mulliken, Clements, Ericksen, Hatfield, Sump, Doumit, Morell, Grant, Pearson, Schoesler, Barlean, Buck, B. Chandler, Edwards and Jackley)

Promoting rural economic development.

Representatives G. Chandler, Linville, Clements and Morris spoke in favor of the passage of the bill.

Speaker Chopp stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2138.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2138 and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Berkey, Boldt, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, O'Brien, Ogden, Pearson, Pflug, 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 - 88.

Excused: Representatives Benson, Campbell, Delvin, Dickerson, Haigh, Kenney, McIntire, Murray, Pennington, and Poulsen - 10.

Engrossed Substitute House Bill No. 2138, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE HOUSE BILL NO. 2227, By House Committee on Appropriations (originally sponsored by Representatives Ahern, Gombosky, Schoesler, Wood, Benson, Haigh, Schindler, Conway, Cox, Reardon, Schmidt, Talcott, Campbell and Bush; by request of Department of Veterans Affairs)

Establishing the eastern Washington veterans' home.

Representatives Ahern and Gombosky spoke in favor of the passage of the bill.

Speaker Chopp stated the question before the House to be the final passage of Substitute House Bill No. 2227.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2227 and the bill passed the House by the following vote: Yeas - 89, Nays - 0, Absent - 0, Excused - 9.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, O'Brien, Ogden, Pearson, Pflug, 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 - 89.

Excused: Representatives Benson, Delvin, Dickerson, Haigh, Kenney, McIntire, Murray, Pennington, and Poulsen - 9.

Substitute House Bill No. 2227, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2233, By Representatives Sommers and Sehlin

Authorizing contractual agreements with federal government for administration of state supplementation of supplemental security income.

Representative Sommers spoke in favor of the passage of the bill.

Speaker Chopp stated the question before the House to be the final passage of House Bill No. 2233.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2233 and the bill passed the House by the following vote: Yeas - 89, Nays - 0, Absent - 0, Excused - 9.

Excused: Representatives Benson, Delvin, Dickerson, Haigh, Kenney, McIntire, Murray, Pennington, and Poulsen - 9.

House Bill No. 2233, having received the necessary constitutional majority, was declared passed.

ENGROSSED HOUSE BILL NO. 2262, By Representatives Lambert, Sommers, Talcott and Kessler

Changing sexual misconduct laws with regard to school employees.

There being no objection, the rules were suspended and Engrossed House Bill No. 2262 was returned to Second Reading for purpose of amendments.

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

SECOND READING

ENGROSSED HOUSE BILL NO. 2262, By Representatives Lambert, Sommers, Talcott and Kessler

Changing sexual misconduct laws with regard to school employees.

Representative Lambert moved the adoption of the following amendment (253):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9A.44.093 and 1994 c 271 s 306 are each amended to read as follows:

(1) A person is guilty of sexual misconduct with a minor in the first degree when: (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim; or (b) the person is a school employee who has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with a registered student of the school who is at least sixteen years old and not married to the employee, if the employee is at least sixty months older than the student.

(2) Sexual misconduct with a minor in the first degree is a class C felony.

(3) For the purposes of this section, "school employee" means an employee of a common school defined in RCW 28A.150.020, or a grade kindergarten through twelve employee of a private school under chapter 28A.195 RCW, who is not enrolled as a student of the common school or private school.

Sec. 2. RCW 9A.44.096 and 1994 c 271 s 307 are each amended to read as follows:

(1) A person is guilty of sexual misconduct with a minor in the second degree when: (a) The person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual contact with the victim; or (b) the person is a school employee who has, or knowingly causes another person under the age of eighteen to have, sexual contact with a registered student of the school who is at least sixteen years old and not married to the employee, if the employee is at least sixty months older than the student.

(2) Sexual misconduct with a minor in the second degree is a gross misdemeanor.

Representatives Lambert and Ruderman spoke in favor of 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 Lambert and Ruderman spoke in favor of passage of the bill.

Speaker Chopp stated the question before the House to be the final passage of Second Engrossed House Bill No. 2262.

ROLL CALL

The Clerk called the roll on the final passage of Second Engrossed House Bill No. 2262 and the bill passed the House by the following vote: Yeas - 89, Nays - 0, Absent - 0, Excused - 9.

Excused: Representatives Benson, Delvin, Dickerson, Haigh, Kenney, McIntire, Murray, Pennington, and Poulsen - 9.

Second Engrossed House Bill No. 2262, having received the necessary constitutional majority, was declared passed.

ENGROSSED HOUSE BILL NO. 2266, By Representatives Linville and G. Chandler

Modifying reimbursement for travel expenses incurred by certain agricultural boards and commissions.

Representative Linville spoke in favor of the passage of the bill.

Speaker Chopp stated the question before the House to be the final passage of Engrossed House Bill No. 2266.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2266 and the bill passed the House by the following vote: Yeas - 89, Nays - 0, Absent - 0, Excused - 9.

Excused: Representatives Benson, Delvin, Dickerson, Haigh, Kenney, McIntire, Murray, Pennington, and Poulsen - 9.

Engrossed House Bill No. 2266, having received the necessary constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1266, By House Committee on Transportation (originally sponsored by Representatives Fisher and Mitchell; by request of Governor Locke)

Making supplemental transportation appropriations.

There being no objection, the rules were suspended and Engrossed Substitute House Bill No. 1266 was returned to Second Reading for purpose of amendments.

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

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1266, By House Committee on Transportation (originally sponsored by Representatives Fisher and Mitchell; by request of Governor Locke)

Making supplemental transportation appropriations.

Representative Fisher moved the adoption of the following amendment (257):

On page 3, after line 2, insert the following:

"Sec. 202. 2000 2nd sp.s. c 3 s 203 (uncodified) is amended to read as follows:

FOR THE COUNTY ROAD ADMINISTRATION BOARD

Rural Arterial Trust Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $60,568,000

Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,661,000

Motor Vehicle Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 376,000

County Arterial Preservation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $28,542,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $91,147,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) $240,000 of the motor vehicle account--state appropriation is provided solely for the completion of a study updating the legislature on the freight and goods road systems on county roads.

(2) The appropriations contained in this section include funding to assist counties in providing match for federal emergency funding for earthquake damage as determined by the county road administration board. The county road administration board shall report to the transportation committees of the senate and house of representatives and the office of financial management by September 30, 2001, on the projects selected to receive match funding.

Sec. 203. 2000 2nd sp.s. c 3 s 204 (uncodified) is amended to read as follows:

FOR THE TRANSPORTATION IMPROVEMENT BOARD

Urban Arterial Trust Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$104,433,000

Transportation Improvement Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $148,814,000

Public Transportation Systems Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$4,532,000

Multimodal Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$11,977,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $269,756,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) The transportation improvement account--state appropriation includes $60,000,000 in proceeds from the sale of bonds, $30,000,000 authorized by RCW 47.26.500, and $30,000,000 authorized by House Bill No. 2788. If House Bill No. 2788 is not enacted in the form passed by the legislature $30,000,000 of the amount provided in this subsection shall lapse.

(2) The appropriations contained in this section include funding to assist cities and counties in providing match for federal emergency funding for earthquake damage as determined by the transportation improvement board. The transportation improvement board shall report to the transportation committees of the senate and house of representatives and the office of financial management by September 30, 2001, on the projects selected to receive match funding."

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

Representatives Fisher and Mitchell spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Fisher moved the adoption of the following amendment (256):

On page 6, after line 4, insert the following:

"Sec. 206. 2000 2nd sp.s. c 3 s 219 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I

Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((459,765,000))

460,931,000

Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((240,241,000))

242,091,000

Motor Vehicle Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$50,363,000

Special Category C Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$55,220,000

Puyallup Tribal Settlement Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$8,662,000

Multimodal Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,880,000

Multimodal Transportation Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,275,000

Multimodal Transportation Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . .$1,106,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((821,512,000))

824,528,000

The appropriations in this section are provided for the location, design, right of way acquisition, or construction of state highway projects designated as improvements under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) The special category C account--state appropriation of $55,220,000 includes $40,500,000 in proceeds from the sale of bonds authorized by Senate Bill No. 5060 or House Bill No. 1203 enacted in the form passed by the legislature. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

(2) The motor vehicle account--state appropriation includes $1,285,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1) for match on federal demonstration projects. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

(3) The department shall report December 1st and June 1st of each year to the senate transportation committee and the house of representatives transportation committee and the office of financial management on the timing and the scope of work being performed for the regional transit authority known as sound transit. This report shall provide a description of all department activities related to the regional transit authority including investments in state-owned infrastructure.

(4) The motor vehicle account--federal appropriation in this section is transferrable to the transportation account or multimodal transportation account to ensure efficient funds management and program delivery.

(5) $2,270,000 of the motor vehicle account--state appropriation is provided solely for the north Sumner interchange project. The project shall no longer receive a portion of its funding from the economic development account.

(6) $4,880,000 of the multimodal transportation account--state appropriation is provided solely for the state program share of freight mobility projects as identified by the freight mobility strategic investment board. The amount provided in this subsection can only be expended upon authorization from the freight mobility strategic investment board.

(7) The motor vehicle account--state appropriation includes $147,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

(8)(a) $50,000,000 of the motor vehicle account--state appropriation is provided as a cash contribution for the development of the public private initiatives project at Tacoma Narrows. State funds shall be used initially for the acquisition of right of way and the forensic studies of the existing bridge including purchase of equipment necessary to conduct the studies. The balance of state funds not required for acquisition of right of way and forensic studies shall be placed with the designated bond trustee at the same time the privately secured debt proceeds are deposited.

(b) The $50,000,000 provided in (a) of this subsection includes $5,527,000 in proceeds from the sale of bonds authorized in RCW 47.10.834 for all forms of cash contributions, or payment of other costs incident to the location, development, design, right of way, and construction of the Tacoma narrows bridge improvements under the public-private transportation initiative program authorized under chapter 47.46 RCW.

(9) $5,800,000 of the motor vehicle account--state appropriation is provided solely for the completion of the weigh stations at Stanwood and Cle Elum along with weigh in motion at those sites and weigh in motion at Fort Lewis Northbound. The Washington state patrol and department of transportation shall work cooperatively to complete these projects.

(10) $485,000 of the motor vehicle account--state appropriation is a reappropriation provided solely to enable the translake committee to finalize and present its recommendations. Upon presentation of the recommendations, or upon the expenditure of the appropriation provided by this subsection, the department of transportation shall disband the committee.

(11) $800,000 of the motor vehicle account--state appropriation and $3,000,000 of the motor vehicle account--federal appropriation are provided solely to the Washington state department of transportation, office of urban mobility, to advance the recommendations of the translake Washington study committee. These funds shall be used to develop a scope of work for an environmental impact statement and related engineering work, including an environmental strategy, a decision process, a statement of purpose and need, and a formal notice of intent. None of the appropriation for the scope of work for the environmental impact statement shall be available to support any activities of the translake Washington study committee.

(12) $1,166,000 of the motor vehicle fund--state appropriation is provided solely for predesign of the northeast 44th street interchange on I-405. This amount shall be placed into a reserve status until such time as a one-third contribution is made by the city of Renton and a one-third contribution is made by the project developer. If the city and developer contributions are not obtained by October 31, 2000, this amount shall lapse.

(13) The department's work force levels for highway construction for the 1999-2001 biennium shall be 2200 FTEs. Additional work force increases for highway construction are authorized and shall not exceed five percent of the authorized work force. The department shall report quarterly on program delivery and related work force adjustments.

(14) $1,250,000 of the motor vehicle account--state appropriation is provided solely to establish alternatives for flood management and flood hazard reduction projects in the Chehalis basin.

(a) The department of transportation shall convene a technical committee to develop watershed-based solutions to flooding within the Chehalis basin. The technical committee shall be comprised of representatives of the department of transportation, department of ecology, department of fish and wildlife, the department of community, trade, and economic development, the military department's emergency management division, and affected counties and tribes. The department of transportation shall also seek the participation of the United States army corps of engineers, federal emergency management administration, the United States geological survey, the United States fish and wildlife service, the United States environmental protection agency, and other entities with critical knowledge related to the structural or nonstructural flood hazard reduction projects in the Chehalis basin. Funds shall be distributed by the department of transportation for alternative analysis, mapping, and model testing projects as recommended by the technical committee. The solutions considered by the technical committee shall be consistent with fish and habitat recovery efforts and avoid additional flood hazard to downstream communities. The department of transportation shall present a report to the senate transportation committee and the house of representatives transportation committee by December 1, 1999, regarding findings and progress made by funded projects.

(b) If the federal government makes funds available to accomplish the project described in (a) of this subsection, the department of transportation shall place the appropriation identified in this section in reserve."

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

On page 12, after line 5, insert the following:

"Sec. 211. 2000 2nd sp.s. c 3 s 232 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z

Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((83,435,000))

82,269,000

Motor Vehicle Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((8,040,000))

6,190,000

Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 321,000

High Capacity Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000

Highway Infrastructure Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,500,000

Highway Infrastructure Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 234,000

Multimodal Transportation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10,381,000

Urban Arterial Trust Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$5,000,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((109,061,000))

106,045,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) $40,692,000 of the motor vehicle account--state appropriation is provided solely for the state program share of freight mobility projects as identified by the freight mobility strategic investment board. The amount provided in this subsection can only be expended upon authorization from the freight mobility strategic investment board.

(2) $187,000 of the transportation account--state appropriation and $213,000 of the multimodal transportation account--state appropriation are provided solely for a study by the senate transportation committee and the house of representatives transportation committee in cooperation with the port of Benton developing a strategic corridor feasibility and master site plan for the port of Benton. If the port of Benton does not provide at least $200,000 to fund the plan development, the transportation fund--state appropriation referenced in this subsection shall lapse and this subsection shall be null and void.

(3) The motor vehicle account--state appropriation includes $30,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

(4) $10,000,000 of the multimodal transportation account--state appropriation is provided solely to fund the first phase of a multiphase cooperative project with the state of Oregon to dredge the Columbia river. The department shall not expend the appropriation in this section unless agreement on ocean disposal sites has been reached which protects the state's commercial crab fishery. The amount provided in this subsection shall lapse unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.

(5) The motor vehicle account--state appropriation includes $1,167,000 in proceeds from the sale of bonds authorized by RCW 47.10.819(1). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

(6) $5,000,000 of the urban arterial trust account--state appropriation is provided solely for a small city pavement preservation program, to be administered by the department's highways and local programs division. The department, in consultation with stakeholders, shall establish program guidelines. The guidelines should include but not be limited to a provision limiting program eligibility to cities with a population of 2,500 or less.

(7) $15,000,000 of the motor vehicle account--state appropriation is provided solely for a county corridor congestion relief program, to be administered by the department's highways and local programs division. Urban corridors must connect to urban or significant activity centers; begin or end at the intersection of another arterial, state highway, or limited access freeway system; and provide an alternate route to the limited access freeway system. The purpose of the program is to provide funding for congested urban corridors, as defined and selected by the department of transportation in consultation with counties and regional transportation planning organizations. At a minimum, project selection criteria should include: Consistency with regional transportation plans; measurable improvements in mobility; cost effectiveness; systematic corridor mobility improvements rather than isolated "spot" improvements; and optimal timing for construction.

(8) $5,000,000 of the motor vehicle account--state appropriation is provided solely for improving traffic and pedestrian safety near schools. The highways and local programs division within the department of transportation shall administer this program. Funds should be used for traffic and pedestrian improvements near schools, including roadway channelization and signalization.

(9) The highways and local programs division within the department of transportation shall develop a prequalification procedure for potential bidders on projects administered or approved by the transportation improvement board. The board shall work with other interested parties including but not limited to associations representing general contractors and the office of minority and women's business enterprises. The prequalification procedure's goal is to ascertain that bidders are qualified by experience, financing, equipment, and organization to do the work called for in the contract documents. The prequalification procedure may require a bidder to (1) satisfy threshold requirements established by the board prior to being furnished a proposal form on any contract; or (2) complete a preaward survey of the bidder's qualification prior to award.

(10) $2,000,000 of the motor vehicle account--state appropriation is provided solely for city fish passage barrier removal and habitat restoration. Funds should be used for eliminating fish passage barriers, including stormwater facilities, and providing for habitat restoration for salmonid species that are listed as threatened or endangered. The amount provided in this section may only be expended upon authorization from the department of transportation's environmental affairs office.

(11) $10,000,000 of the motor vehicle fund--state appropriation is provided solely for a city corridor congestion relief program, to be administered by the department's highways and local programs division. Urban corridors must connect to urban or significant activity centers, begin or end at the intersection of another arterial, state highway or limited access freeway system, and provide an alternate route to the limited access freeway system. The purpose of the program is to provide funding for congested urban corridors as defined and selected by the department of transportation in consultation with counties and regional transportation planning organizations. At a minimum, project selection criteria should include: Consistency with regional transportation plans; measurable improvements in mobility; cost effectiveness; systematic corridor mobility improvements rather than isolated "spot" improvements; and optimal timing for construction."

Correct the title.

Representatives Fisher and Mitchell 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 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 Second Engrossed Substitute House Bill No. 1266.

ROLL CALL

The Clerk called the roll on the final passage of Second Engrossed Substitute House Bill No. 1266 and the bill passed the House by the following vote: Yeas - 89, Nays - 0, Absent - 0, Excused - 9.

Excused: Representatives Benson, Delvin, Dickerson, Haigh, Kenney, McIntire, Murray, Pennington, and Poulsen - 9.

Second Engrossed Substitute House Bill No. 1266, 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., June 5, 2001, 2^nd Legislative Day of the Second Special Legislative Session.

CLYDE BALLARD, Speaker FRANK CHOPP, Speaker

TIMOTHY A. MARTIN, Chief Clerk CYNTHIA ZEHNDER, Chief Clerk