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FIFTY SEVENTH LEGISLATURE - REGULAR SESSION

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TWENTY SECOND DAY

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House Chamber, Olympia, Monday, February 4, 2002

             The House was called to order at 10:00 a.m. by the Speaker (Representative Ogden presiding). 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 Joseph Horney and Stephanie Miller. The Speaker (Representative Ogden presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Representative Brad Benson.

             Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

             The Speaker assumed the chair.

RESOLUTION

             HOUSE RESOLUTION NO. 2002-4694, by Representatives Holmquist, Linville, Grant, Roach, Sump, Chandler, Kirby, Delvin, Schoesler, Cooper, Mulliken, Quall, Hunt, Hatfield, Benson, Conway, Boldt and Hankins

             WHEREAS, The Washington State House of Representatives recognizes the remarkable contribution of the beef cattle industry to the state's economy; and

             WHEREAS, The state still boasts many full-size cattle operations and 70% of Washington's cattle are owned by less than 10% of the beef producers; and

             WHEREAS, Cash receipts from beef cattle in Washington totaled over 560 million dollars in 2000, a 23% increase from 1999, making cattle and calves the third largest commodity within the largest industry in the state; and

             WHEREAS, In 1900 there were only 465,000 head of cattle in Washington state. Today Washington's beef cattle growers manage approximately 1.3 million head of cattle and calves annually; and

             WHEREAS, Approximately 9,000 farmers and ranchers in Washington are employed as beef producers; and

             WHEREAS, The amazing natural resource base of this state has facilitated a doubling of the cow herd in the last 100 years; and

             WHEREAS, One-third of the state's land base is in pastureland or rangeland; and

             WHEREAS, Cattle represent the largest agricultural commodity in the nation, contributing 70 billion dollars last year to the United States economy; and

             WHEREAS, Americans uphold this industry by eating, pound for pound, more beef than any other meat;

             NOW, THEREFORE, BE IT RESOLVED, That the hard work of the men and women who handle beef cattle is hereby recognized by the Washington State House of Representatives; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Washington State Beef Commission and the Washington Cattlemen's Association.

             Representative Holmquist moved the adoption of the resolution.

             Representatives Holmquist, Linville and Schoesler spoke in favor of the adoption of the resolution.

             House Resolution No. 4694 was adopted.

MESSAGES FROM THE SENATE

February 1, 2002

Mr. Speaker:

             The Senate has passed:

ENGROSSED SENATE BILL NO. 5624,

SENATE BILL NO. 5629,

SENATE BILL NO. 5683,

ENGROSSED SENATE BILL NO. 5692,

SENATE BILL NO. 5699,

SENATE BILL NO. 5735,

SENATE BILL NO. 5739,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5777,

SUBSTITUTE SENATE BILL NO. 5791,

SENATE BILL NO. 5829,

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5906,

and the same are herewith transmitted.

Tony M. Cook, Secretary

February 1, 2002

Mr. Speaker:

             The President has signed:

HOUSE JOINT MEMORIAL NO. 4021,

and the same is herewith transmitted.

Tony M. Cook, Secretary

INTRODUCTION & FIRST READING

HB 2897           by Representatives Grant, Cairnes, Linville, Ericksen, Reardon, Crouse, Hatfield, Benson, Hurst, Clements, Holmquist, Mulliken, Delvin, Schmidt, Armstrong, Chase, Sehlin, Buck, Dunn, Ahern, McMorris, Kessler, Morris, Bush, Carrell, Schindler, Alexander, Skinner, Pearson, Schoesler, Lisk, Mielke, Boldt, Lovick, Fromhold, Talcott, Hankins, Pflug, Chandler, Nixon, Esser and Sullivan

              AN ACT Relating to updating state law to conform to changes in federal estate tax; amending RCW 11.02.005 and 83.100.020; and creating a new section.

HB 2898           by Representative Dunshee

              AN ACT Relating to the use of money from additional taxes, interest, or penalties received under the current use program; amending RCW 84.34.100; and adding a new section to chapter 84.33 RCW.

             Referred to Committee on Appropriations.

HB 2899           by Representatives Kenney, Fromhold, Chase, Conway, Tokuda and Wood

              AN ACT Relating to creating a trust account to ensure that all statewide student financial aid is made available.

             Referred to Committee on Higher Education.

HB 2900           by Representatives Kessler, DeBolt, Fromhold, Delvin and Clements

              AN ACT Relating to consistency in gaming provisions; amending RCW 9.46.010, 9.46.0273, 9.46.0325, 9.46.070, and 9.46.110; adding a new section to chapter 9.46 RCW; and declaring an emergency.

             Referred to Committee on Commerce & Labor.

HB 2901           by Representatives Conway, Clements, Reardon, Berkey, Kenney, Santos, Lovick, Chase, Simpson, Wood and Sullivan

              AN ACT Relating to unemployment insurance; and creating a new section.

             Referred to Committee on Commerce & Labor.

HB 2902           by Representatives Santos, McDermott and Kenney

              AN ACT Relating to local government utility authority; amending RCW 35.92.010 and 35.92.050; and creating a new section.

             Referred to Committee on Local Government & Housing.

HB 2903           by Representatives Morell, Ballasiotes, Ahern, Schmidt and Roach

              AN ACT Relating to hate crimes; amending RCW 9.94A.535; adding a new section to chapter 9A.36 RCW; creating a new section; and prescribing penalties.

             Referred to Committee on Criminal Justice & Corrections.

HB 2904           by Representatives Clements, Chandler, McMorris and Mulliken

              AN ACT Relating to the provision of greater predictability and consistency in the state wage and hour laws; and adding new sections to chapter 49.46 RCW.

             Referred to Committee on Commerce & Labor.

HB 2905           by Representatives Clements, Chandler, McMorris and Mulliken

              AN ACT Relating to simplifying and adding certainty to the calculation of workers' compensation benefits; amending RCW 51.08.178 and 51.32.095; creating a new section; and providing an effective date.

             Referred to Committee on Commerce & Labor.

ESB 5624         by Senator Kohl-Welles

              AN ACT Relating to the disclosure of fire protection and building safety information; and amending RCW 59.18.060.

             Referred to Committee on Local Government & Housing.

SB 5629            by Senators Patterson and Horn; by request of Office of Financial Management

              AN ACT Relating to the office of financial management's budgeting, accounting, and reporting requirements for state agencies; amending RCW 43.88.160, 79.44.040, 79.44.050, 79.44.070, 79.44.080, and 79.44.140; and repealing RCW 79.44.180.

             Referred to Committee on State Government.

SB 5683            by Senators Horn and Haugen; by request of Washington State Patrol

              AN ACT Relating to membership on the state building code council; and amending RCW 19.27.070.

             Referred to Committee on Local Government & Housing.

ESB 5692         by Senators Costa, Long, Hargrove, Rasmussen and Kohl-Welles

              AN ACT Relating to authorizing the participation of youth as decision makers in dispositions of minor offenses and rules violations; amending RCW 13.40.020, 13.40.080, 13.40.250, and 46.63.040; adding new sections to chapter 13.40 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.320 RCW; and adding a new chapter to Title 3 RCW.

             Referred to Committee on Juvenile Justice & Family Law.

SB 5699            by Senators Carlson, Benton, Honeyford, Hale and Zarelli

              AN ACT Relating to the Washington state scholars program; amending RCW 28A.600.100 and 28A.600.110; and adding a new section to chapter 28A.600 RCW.

             Referred to Committee on Education.

SB 5735            by Senators Gardner, Roach, Haugen, Hochstatter, Honeyford, Stevens, Deccio, Rossi, Zarelli, Benton, Horn, T. Sheldon, Sheahan, Spanel, Shin, Finkbeiner, Hargrove, West, Long and Franklin

              AN ACT Relating to motorcycle taillights; and amending RCW 46.37.100.

             Referred to Committee on Transportation.

SB 5739            by Senators Gardner, Rasmussen, Eide, Sheahan, Horn and Kohl-Welles

              AN ACT Relating to the Program for Agency Coordinated Transportation; and amending RCW 47.06B.015.

             Referred to Committee on Transportation.

ESSB 5777       by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Prentice, Winsley, Thibaudeau, Deccio and Rasmussen)

              AN ACT Relating to health care benefits for retirees of local government employers; adding new sections to chapter 41.04 RCW; creating a new section; and providing an effective date.

             Referred to Committee on Health Care.

SSB 5791          by Senate Committee on Judiciary (originally sponsored by Senators Kline, Sheahan, Patterson, McCaslin, Constantine, Johnson, Costa, Kohl-Welles, Deccio, Roach and Winsley)

              AN ACT Relating to actions and proceedings for damages brought against law enforcement officers; and amending RCW 4.96.041.

             Referred to Committee on Judiciary.

SB 5829            by Senators Prentice, Patterson and Swecker

              AN ACT Relating to cooperative activities by local governments; amending RCW 70.44.450; and creating a new section.

             Referred to Committee on Health Care.

2ESSB 5906     by Senate Committee on Education (originally sponsored by Senators Rasmussen, Finkbeiner, McAuliffe, Eide, Regala, Kastama, Hewitt, Hochstatter and Kohl-Welles)

              AN ACT Relating to technology planning for public schools; creating new sections; providing an expiration date; and declaring an emergency.

             Referred to Committee on Education.

             There being no objection, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated with the exception of House Bill No. 2897.

MOTION

             Representative DeBolt moved that the rules be suspended and House Bill No. 2897 be placed on Second Reading.

             Representative DeBolt spoke in favor of the motion.

             Representative Grant spoke against the motion.

MOTION

             On motion of Representative Woods, Representatives Casada and Jarrett were excused.

             Representative Woods demanded an electronic roll call vote and the demand was sustained.

             The Speaker stated the question before the House to be adoption of the motion by Representative DeBolt to suspend the rules and place House Bill No. 2897 on Second Reading.

ROLL CALL

             The Clerk called the roll on the adoption of the motion by Representative DeBolt to suspend the rules and place House Bill No. 2897 on Second Reading, and the motion was not adopted by the following vote: Yeas: 46 Nays: 50 Absent: 0 Excused: 2

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven and Woods - 46.

             Voting nay: Representatives Berkey, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, and Mr. Speaker - 50.

             Excused: Representatives Casada and Jarrett - 2.

             House Bill No. 2897 was referred to the Committee on Finance.

REPORTS OF STANDING COMMITTEES

January 31, 2002

HB 1612           Prime Sponsor, Representative Romero: Adding an ex officio member to the building code council. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Chairman; Edwards, Vice Chairman; Mulliken, Ranking Minority Member; Berkey; DeBolt; Hatfield; Kirby and Sullivan.

MINORITY recommendation: Without recommendation. Signed by Representatives Crouse; Dunn and Mielke.

             Voting yea: Representatives Dunshee, Edwards, Mulliken, Berkey, DeBolt, Hatfield, Kirby and Sullivan.

             Voting nay: Representatives Crouse, Dunn and Mielke.

Passed to Committee on Rules for second reading.

January 31, 2002

HB 1856           Prime Sponsor, Representative Morell: Excusing student absences for state-recognized search and rescue activities. Reported by Committee on Education

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; Haigh, Vice Chairman; Talcott, Ranking Minority Member; Anderson; Cox; McDermott; Rockefeller; Santos; Schmidt and Upthegrove.

             Voting yea: Representatives Quall, Haigh, Talcott, Anderson, Cox, McDermott, Rockefeller, Santos, Schmidt and Upthegrove.

             Excused: Representative Schindler.

Passed to Committee on Rules for second reading.

January 30, 2002

HB 1991           Prime Sponsor, Representative Lantz: Changing provisions relating to information sharing between schools and juvenile justice and care agencies. Reported by Committee on Juvenile Justice & Family Law

MAJORITY recommendation: Do pass as amended.

             On page 2, line 6, after "Notice" insert "by regular first class mail"

             On page 6, line 9, after "copy" insert "by regular first class mail"

             On page 6, line 19, after "copy" insert "by regular first class mail"

             On page 6, line 36, after "copy" insert "by regular first class mail"

             On page 7, line 9, after "copy" insert "by regular first class mail"

Signed by Representatives Dickerson, Chairman; Darneille, Vice Chairman; Delvin, Ranking Minority Member; Eickmeyer and Tokuda.

MINORITY recommendation: Do not pass. Signed by Representatives Carrell.

             Voting yea: Representatives Dickerson, Darneille, Delvin, Carrell, Eickmeyer and Tokuda.

             Excused: Representative Armstrong.

Referred to Committee on Appropriations.

January 30, 2002

HB 2033           Prime Sponsor, Representative Kagi: Allowing juveniles to get occupational drivers' licenses. Reported by Committee on Juvenile Justice & Family Law

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dickerson, Chairman; Darneille, Vice Chairman; Delvin, Ranking Minority Member; Eickmeyer and Tokuda.

MINORITY recommendation: Do not pass. Signed by Representatives Carrell.

             Voting yea: Representatives Dickerson, Darneille, Delvin, Eickmeyer and Tokuda.

             Voting nay: Representative Carrell.

             Excused: Representative Armstrong.

Passed to Committee on Rules for second reading.

January 31, 2002

SHB 2190         Prime Sponsor, Committee on Education: Permitting the children of certificated and classified school employees to enroll at the school where the employee is assigned. Reported by Committee on Education

MAJORITY recommendation: The second substitute bill be substituted therefor and the second substitute bill do pass. Signed by Representatives Quall, Chairman; Haigh, Vice Chairman; Talcott, Ranking Minority Member; Anderson Cox; McDermott; Rockefeller; Santos, Schindler and Upthegrove.

             Voting yea: Representatives Quall, Haigh, Talcott, Anderson, Cox, McDermott, Rockefeller, Santos, Schmidt and Upthegrove.

             Excused: Representative Schindler.

Passed to Committee on Rules for second reading.

January 30, 2002

HB 2346           Prime Sponsor, Representative Darneille: Updating the uniform parentage act. Reported by Committee on Juvenile Justice & Family Law

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dickerson, Chairman; Darneille, Vice Chairman; Delvin, Ranking Minority Member; Eickmeyer and Tokuda.

MINORITY recommendation: Do not pass. Signed by Representatives Carrell.

             Voting yea: Representatives Dickerson, Darneille, Delvin, Eickmeyer and Tokuda.

             Voting nay: Representative Carrell.

             Excused: Representative Armstrong.

Referred to Committee on Appropriations.

January 30, 2002

HB 2347           Prime Sponsor, Representative Darneille: Modifying the uniform interstate family support act. Reported by Committee on Juvenile Justice & Family Law

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dickerson, Chairman; Darneille, Vice Chairman; Delvin, Ranking Minority Member; Eickmeyer and Tokuda.

MINORITY recommendation: Do not pass. Signed by Representatives Carrell.

             Voting yea: Representatives Dickerson, Darneille, Delvin, Eickmeyer and Tokuda.

             Voting nay: Representative Carrell.

             Excused: Representative Armstrong.

Passed to Committee on Rules for second reading.

January 31, 2002

HB 2353           Prime Sponsor, Representative Alexander: Providing for loss prevention review teams. Reported by Committee on Judiciary

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Dickerson; Esser; Jarrett; Lovick and Lysen.

MINORITY recommendation: Do not pass. Signed by Representatives Carrell, Ranking Minority Member; and Boldt.

             Voting yea: Representatives Lantz, Hurst, Dickerson, Esser, Jarrett, Lovick and Lysen.

             Voting nay: Representatives Carrell and Boldt.

             Excused: Representative Esser.

Referred to Committee on Appropriations.

January 30, 2002

HB 2386           Prime Sponsor, Representative Simpson: Classifying members of the Washington national guard as resident students. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass. Signed by Representatives Kenney, Chairman; Fromhold, Vice Chairman; Cox, Ranking Minority Member; Chase; Dunn; Jarrett and Lantz.

             Voting yea: Representatives Kenney, Fromhold, Cox, Jarrett, Chase, Dunn and Lantz.

             Excused: Representatives Gombosky and Skinner.

Passed to Committee on Rules for second reading.

February 1, 2002

HB 2406           Prime Sponsor, Representative O'Brien: Creating a statewide registered sex offender web site. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives O'Brien, Chairman; Lovick, Vice Chairman; Ballasiotes, Ranking Minority Member; Ahern; Kagi; Kirby and Morell.

             Voting yea: Representatives O'Brien, Lovick, Ballasiotes, Ahern, Kagi, Kirby and Morell.

Passed to Committee on Rules for second reading.

January 31, 2002

HB 2410           Prime Sponsor, Representative Cairnes: Authorizing advisory board of plumbers to advise department of labor and industries on proposed legislation. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Clements, Ranking Minority Member; Chandler; Kenney; Lysen and McMorris.

             Voting yea: Representatives Conway, Wood, Clements, Kenney and Lysen.

             Voting nay: Representatives Chandler and McMorris.

Passed to Committee on Rules for second reading.

January 31, 2002

HB 2416           Prime Sponsor, Representative Hurst: Authorizing additional investigative tools to deter terrorism. Reported by Select Committee on Community Security

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Hurst, Chairman; Simpson, Vice Chairman; Lisk, Ranking Minority Member; Ballasiotes; Barlean; Benson; Buck; Campbell; Haigh; Jackley; Kessler; Morris; O'Brien; Schmidt and Schual-Berke.

             Voting yea: Representatives Hurst, Simpson, Lisk, Ballasiotes, Barlean, Benson, Buck, Campbell, Haigh, Jackley, Kessler, Morris, O'Brien, Schmidt and Schual-Berke.

Passed to Committee on Rules for second reading.

January 30, 2002

HB 2424           Prime Sponsor, Representative Schual-Berke: Providing for a simple majority of voters voting to authorize school district levies and bonds. Reported by Committee on Education

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; Haigh, Vice Chairman; McDermott; Rockefeller; Santos; Schmidt and Upthegrove.

MINORITY recommendation: Without recommendation. Signed by Representatives Talcott, Ranking Minority Member; Anderson and Cox.

             Voting yea: Representatives Quall, Haigh, McDermott, Rockefeller, Santos, Schmidt and Upthegrove.

             Voting nay: Representatives Talcott, Anderson and Cox.

             Excused: Representative Schindler.

Referred to Committee on Capital Budget.

January 31, 2002

HB 2508           Prime Sponsor, Representative Berkey: Revising provisions relating to medical plans for elected city officials. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Chairman; Edwards, Vice Chairman; Mulliken, Ranking Minority Member; Berkey; Crouse; DeBolt; Dunn; Hatfield; Kirby; Mielke and Sullivan.

             Voting yea: Representatives Dunshee, Edwards, Mulliken, Berkey, Crouse, DeBolt, Dunn, Hatfield, Kirby, Mielke and Sullivan.

Passed to Committee on Rules for second reading.

January 31, 2002

HB 2524           Prime Sponsor, Representative Chase: Transmitting city and town budgets to the municipal research and services center. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Chairman; Edwards, Vice Chairman; Mulliken, Ranking Minority Member; Berkey; Crouse; DeBolt; Dunn; Hatfield; Kirby; Mielke and Sullivan.

             Voting yea: Representatives Dunshee, Edwards, Mulliken, Berkey, Crouse, DeBolt, Dunn, Hatfield, Kirby, Mielke and Sullivan.

Passed to Committee on Rules for second reading.

January 31, 2002

HB 2525           Prime Sponsor, Representative Lysen: Making consistent rules for calling special meetings in cities. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Chairman; Mulliken, Ranking Minority Member; Berkey; Crouse; DeBolt; Dunn; Hatfield; Mielke and Sullivan.

MINORITY recommendation: Without recommendation. Signed by Representatives Edwards, Vice Chairman; and Kirby.

             Voting yea: Representatives Dunshee, Mulliken, Berkey, Crouse, DeBolt, Dunn, Hatfield, Mielke and Sullivan.

             Voting nay: Representatives Edwards and Kirby.

Passed to Committee on Rules for second reading.

January 31, 2002

HB 2526           Prime Sponsor, Representative Berkey: Providing exemptions from SEPA for reductions of city limits and disincorporations. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Chairman; Edwards, Vice Chairman; Mulliken, Ranking Minority Member; Berkey; Crouse; DeBolt; Dunn; Hatfield; Kirby; Mielke and Sullivan.

             Voting yea: Representatives Dunshee, Edwards, Mulliken, Berkey, Crouse, DeBolt, Dunn, Hatfield, Kirby, Mielke and Sullivan.

Passed to Committee on Rules for second reading.

January 31, 2002

HB 2723           Prime Sponsor, Representative Ogden: Revising Public-Private Transportation Initiatives. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives Cooper, Vice Chairman; Lovick, Vice Chairman; Edwards; Haigh; Hatfield; Jackley; Murray; Ogden; Reardon; Rockefeller; Romero; Simpson; Sullivan and Wood.

MINORITY recommendation: Do not pass. Signed by Representatives Fisher, Chairman; Mitchell, Ranking Minority Member; Anderson; Armstrong; Ericksen; Holmquist; Jarrett; Mielke; Morell and Skinner.

             Voting yea: Representatives Cooper, Lovick, Edwards, Haigh, Hatfield, Jackley, Murray, Ogden, Reardon, Rockefeller, Romero, Simpson, Sullivan and Wood.

             Voting nay: Representatives Fisher, Mitchell, Anderson, Armstrong, Ericksen, Holmquist, Jarrett, Mielke, Morell, Skinner and Woods.

             Excused: Representatives Hankins and Schindler.

January 30, 2002

HJR 4219          Prime Sponsor, Representative Schual-Berke: Amending the Constitution to provide for a simple majority of voters voting to authorize school district levies. Reported by Committee on Education

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; Haigh, Vice Chairman; Anderson; Cox; McDermott; Rockefeller; Santos; Schmidt and Upthegrove.

MINORITY recommendation: Without recommendation. Signed by Representatives Talcott, Ranking Minority Member.

             Voting yea: Representatives Quall, Haigh, Anderson, Cox, McDermott, Rockefeller, Santos, Schmidt and Upthegrove.

             Voting nay: Representative Talcott.

             Excused: Representative Schindler.

Referred to Committee on Capital Budget.

             There being no objection, the bills and resolution listed on the day's committee reports sheet under the fifth order of business were referred to the committees so designated.

             There being no objection, House Bill No. 2723 was placed on the Second Reading calendar.

SECOND READING

             HOUSE BILL NO. 2723, by Representatives Ogden, Rockefeller, Lantz, Jackley, Eickmeyer, Haigh and Chase

             Revising Public-Private Transportation Initiatives.

             The bill was read the second time.

             Representative Ericksen moved the adoption of the following amendment (027):

             On page 2, line 33, after "shall" insert "continue to"

             On page 3, line 3, after "develop" strike "up to six" and insert "((up to six))"

             On page 3, line 5, after "each" strike "of the six agreements shall" and insert "((of the six agreements shall)) agreement must"

             On page 3, line 21, after "to the" strike "1997" and insert "((1997)) 2003"

             Representative Ericksen spoke in favor of adoption of the amendment.

             Representative Ogden spoke against the adoption of the amendment.

             The amendment was not adopted.

             Representative Woods moved the adoption of amendment (024):

             On page 8, line 11, after "PROJECTS." insert "(1)"

             On page 8, after line 19, insert the following:

             "(2) If construction of a toll facility authorized under this chapter commences within three years of the effective date of this act, the toll facility must use transponder technology to aid in collecting tolls. In developing standards and soliciting bids for electronic toll collection, the department shall examine and evaluate all reasonably available technology and shall develop standards that do not favor one technology over another."

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

             Representatives Ogden and Jackley spoke against the adoption of the amendment.

             Representative Woods demanded an electronic roll call vote and the demand was sustained.

             The Speaker stated the question before the House to be adoption of amendment (024) to House Bill No. 2723.

ROLL CALL

             The Clerk called the roll on the adoption of amendment (024) to House Bill No. 2723, and the amendment not adopted by the following vote: Yeas: 46 Nays: 50 Absent: 0 Excused: 2

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven and Woods - 46.

             Voting nay: Representatives Berkey, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, and Mr. Speaker - 50.

             Excused: Representatives Casada and Jarrett - 2.

             With the consent of the House, amendment (025) was withdrawn.

             Representative Woods moved the adoption of amendment (028):

             On page 10, after line 8, insert the following:

             "(3) Notwithstanding the provisions of subsection 2(a) of this section, upon satisfaction of the conditions enumerated in subsection (1) of this section:

             (a) The facility must be operated as a toll-free facility; and

             (b) The operation, maintenance, upkeep, and repair of the facility must be paid from funds appropriated for the use of the department for the construction and maintenance of the primary state highways of the state of Washington."

             Representatives Woods and Ogden spoke in favor of the adoption of the amendment.

             The amendment was adopted.

             Representative Carrell moved the adoption of amendment (029):

             On page 12, after line 14, insert the following:

             "NEW SECTION. Sec. 14. A new section is added to chapter 47.46 RCW to read as follows: