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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION
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TWENTY FOURTH DAY
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House Chamber, Olympia, Wednesday, February 5, 2003
The House was called to order at 10:00 a.m. by the Speaker. The Clerk called the roll and a quorum was present.
The Speaker called upon Representative Lovick to preside.
The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Diana Phelan and Duane Goehring. Prayer was offered by Reverend Paul Lundborg, The Lutheran Church of the Good Shepherd.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
RESOLUTIONS
HOUSE RESOLUTION NO. 2003-4608, by Representatives Hunter, Tom, Talcott, Bailey, Jarrett, Priest, Ericksen, Miloscia, Shabro, Cox, Alexander, McDonald, Chase, Hunt, Kagi, Kessler, Sullivan, Darneille, Berkey, Rockefeller, Sehlin, Clements, Mastin, Pearson, Fromhold, Sommers, Lovick, Hudgins, Grant, Ruderman, Wallace, Veloria, Pettigrew, Morrell, Cooper, Carrell, Condotta, Schual-Berke, Wood, Linville, Pflug, Cody, Murray, McIntire, Orcutt, Delvin, Ahern, Newhouse, Nixon, Edwards, McMahan, Kirby, Skinner, Kristiansen, Moeller, Hatfield, Blake, McDermott, McCoy, Dickerson, Eickmeyer, Flannigan, Lantz, Morris, O'Brien, Gombosky, Kenney, Conway and Hankins
WHEREAS, The Washington State Parent Teacher Association was founded as a child advocacy organization in 1905; and
WHEREAS, The Washington State Parent Teacher Association has worked diligently for nearly one hundred years to advocate on behalf of every child in this state; and
WHEREAS, The Washington State Parent Teacher Association is the largest child advocacy organization in Washington; and
WHEREAS, The Washington State Parent Teacher Association is the only child advocacy organization that advocates on behalf of the whole child, including health, education, safety, and welfare issues for children; and
WHEREAS, The Washington State Parent Teacher Association continues to be a leader in advocating the importance of parental involvement in their children's lives; and
WHEREAS, The Washington State Parent Teacher Association has long had a presence in the policy-setting arena where children's issues are being considered; and
WHEREAS, The Washington State Parent Teacher Association is looked to by its members, the public, and policymakers as a credible resource on issues affecting children;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives publicly recognize the accomplishments of the Washington State Parent Teacher Association toward improving the life of every child in Washington; and
BE IT FURTHER RESOLVED, That the House of Representatives recognize the importance of considering the needs of the whole child in public policy decisions; and
BE IT FURTHER RESOLVED, That the House of Representatives laud the commitment of the Washington State Parent Teacher Association and its members on behalf of all children; 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 Parent Teacher Association.
HOUSE RESOLUTION NO. 4608 was adopted.
HOUSE RESOLUTION NO. 2003-4610, By Representatives Jarrett, Clibborn, Talcott and Hankins
WHEREAS, There are 200 local Chambers of Commerce in the state of Washington representing approximately 54,000 small businesses which, in turn, employ over 2,800,000 citizens; and
WHEREAS, Washington State Chambers raise over $25,000,000 annually for local community enrichment projects, involving more than 14,000 volunteers who give generously of their time and talent; and
WHEREAS, Washington State Chambers managed in excess of 3,000,000 visitor and relocation inquiries last year, and at the same time served over 30,000 businesses seeking information about locating their companies in our state; and
WHEREAS, During 2002, approximately 250 new businesses opened their doors in Washington, assisted by their local Chamber of Commerce, creating more than 5,000 new jobs for our citizens; and
WHEREAS, Chambers of Commerce across Washington State have served their local communities with distinction, dedication, and dignity enhancing the state's economy and improving the quality of life for its citizens;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives officially recognize the invaluable work local Chambers of Commerce provide both the economy and the citizens of this state; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the United States Chamber of Commerce in Washington D.C.
HOUSE RESOLUTION NO. 4610 was adopted.
INTRODUCTION & FIRST READING
HB 1658 by Representatives Talcott, Quall, Anderson, Rockefeller, Holmquist, Miloscia, Hunter, Tom, Delvin, Shabro, Ericksen, Sump, Lantz, Chase, Campbell, Nixon, Alexander, Sullivan, Skinner, Simpson, Kristiansen, Bush and Berkey
AN ACT Relating to linking success on academic assessments to driving privileges for persons under eighteen years of age; amending RCW 46.20.031, 46.20.091, and 46.20.100; reenacting and amending RCW 46.20.055; adding new sections to chapter 46.20 RCW; and creating a new section.
Referred to Committee on Education.
HB 1695 by Representatives Quall, Morris and Edwards
AN ACT Relating to tax incentives for certain multiple-unit dwellings in urban centers; and amending RCW 84.14.010.
Referred to Committee on Local Government.
HB 1696 by Representatives Simpson, Delvin and Lovick; by request of Lieutenant Governor
AN ACT Relating to alcohol-related offenses; amending RCW 46.20.342, 46.20.380, 46.20.394, 46.20.400, 46.20.410, 46.20.720, 46.20.740, and 46.63.020; reenacting and amending RCW 46.20.3101, 46.20.391, and 46.61.5055; and prescribing penalties.
Referred to Committee on Judiciary.
HB 1697 by Representatives Schual-Berke, Nixon, Priest, Miloscia, Roach, Veloria, Hudgins, Pflug, McDermott, Upthegrove, Cody and Edwards
AN ACT Relating to property tax limitations for port districts; amending RCW 84.55.092; adding a new section to chapter 84.55 RCW; and creating a new section.
Referred to Committee on Local Government.
HB 1698 by Representatives Cooper, Anderson, Wood, Jarrett, O'Brien, Murray, Upthegrove, Pflug and Dunshee
AN ACT Relating to outdoor recreation programs; and amending RCW 46.09.020 and 46.09.170.
Referred to Committee on Fisheries, Ecology & Parks.
HB 1699 by Representatives Pflug and Anderson
AN ACT Relating to equalizing salary allocations for certificated instructional staff; and amending RCW 28A.150.410.
Referred to Committee on Education.
HB 1700 by Representatives Anderson, Pflug and Jarrett
AN ACT Relating to cost-of-living adjustments in basic education salary allocations for certificated instructional staff; amending RCW 28A.400.200 and 28A.400.205; and creating a new section.
Referred to Committee on Education.
HB 1701 by Representative Dunshee
AN ACT Relating to the repeal of the state prohibition on funding options in RCW 82.02.090 regarding law enforcement, courts, and jails; and amending RCW 82.02.090.
Referred to Committee on Local Government.
HB 1702 by Representatives Hatfield, Mielke, Romero, Armstrong, Cooper, Blake, Boldt, Orcutt, Santos, McCoy, Alexander, Schoesler, Chandler, Grant, Schindler and Condotta
AN ACT Relating to motorist information sign panels; amending RCW 47.36.310; and repealing RCW 47.36.325.
Referred to Committee on Transportation.
HB 1703 by Representatives Anderson, Nixon, Crouse, Pflug, Priest, Tom, Ericksen, Jarrett and Benson
AN ACT Relating to providing tax incentives to promote the production and distribution of electricity from alternative sources of energy; amending RCW 82.08.02567 and 82.12.02567; adding a new section to chapter 82.16 RCW; creating a new section; and providing expiration dates.
Referred to Committee on Technology, Telecommunications & Energy.
HB 1704 by Representatives Kirby, Schindler and McDonald
AN ACT Relating to rental payments to landlords from public assistance; and amending RCW 74.08.280.
Referred to Committee on Children & Family Services.
HB 1705 by Representatives Simpson, Chandler, Cooper, Newhouse, Skinner, Romero, Hankins, Hatfield, Mastin, Delvin, Lovick, Campbell, Wood, Sump, Grant, Hudgins, Dunshee, Rockefeller, Moeller and Linville
AN ACT Relating to tire recycling; amending RCW 70.95.510, 70.95.530, and 70.95.535; and adding a new section to chapter 70.95 RCW.
Referred to Committee on Fisheries, Ecology & Parks.
HB 1706 by Representatives Mastin and Grant
AN ACT Relating to changing the focus of the promise scholarship; amending RCW 28B.119.005, 28B.119.010, and 28B.119.020; creating a new section; and declaring an emergency.
Referred to Committee on Higher Education.
HB 1707 by Representatives Jarrett, Simpson, Shabro, Sullivan, Moeller, Berkey, Schindler, Linville and Anderson
AN ACT Relating to revising environmental review provisions to improve the development approval process and enhance economic development; and amending RCW 43.21C.031, 43.21C.060, 43.21C.110, and 43.21C.240.
Referred to Committee on Local Government.
HB 1708 by Representatives Campbell, Conway, Bush, Moeller, Edwards, Linville and Haigh
AN ACT Relating to property tax exemptions for persons with disabilities related to the performance of military duties; amending RCW 84.36.379, 84.36.381, and 84.36.383; and creating a new section.
Referred to Committee on Finance.
HB 1709 by Representatives Anderson, Talcott, Pflug and Cox
AN ACT Relating to parent-based performance compensation for certificated employees allocated from local levy funds; amending RCW 28A.400.200; and adding a new section to chapter 28A.400 RCW.
Referred to Committee on Education.
HB 1710 by Representatives Upthegrove, Dickerson, Kagi, Delvin, Pettigrew, Chase and Kenney
AN ACT Relating to custodial assault at juvenile rehabilitation facilities and institutions; and amending RCW 13.40.460.
Referred to Committee on Juvenile Justice & Family Law.
HB 1711 by Representatives O'Brien, Mielke and Darneille; by request of Department of Community, Trade, and Economic Development
AN ACT Relating to the municipal criminal justice assistance account; amending RCW 82.14.330; and repealing RCW 82.14.335.
Referred to Committee on Appropriations.
HB 1712 by Representatives O'Brien, Mielke and Darneille; by request of Department of Community, Trade, and Economic Development
AN ACT Relating to registration of sex offenders and kidnapping offenders; and amending RCW 9A.44.130.
Referred to Committee on Criminal Justice & Corrections.
HB 1713 by Representatives Romero, Haigh, Grant, Hunt, Armstrong, Rockefeller, Fromhold, Conway, Miloscia and Campbell
AN ACT Relating to public employees' retirement system, plan 1 members' monetary compensation for accrued sick leave; reenacting and amending RCW 41.04.340; providing an expiration date; and declaring an emergency.
Referred to Committee on Appropriations.
HB 1714 by Representatives Jarrett, Clibborn, Tom, Ruderman, Hunter and Moeller
AN ACT Relating to school district levy lids; and amending RCW 84.52.0531.
Referred to Committee on Education.
HB 1715 by Representatives Cooper, Delvin, Kenney, Hinkle, O'Brien, Chase, Simpson, Conway, Pettigrew, Sullivan, Edwards and Berkey
AN ACT Relating to extending death benefits to certain surviving spouses under the law enforcement officers' and fire fighters' retirement system; and amending RCW 41.26.160 and 41.26.161.
Referred to Committee on Appropriations.
HB 1716 by Representatives Cody, Campbell, Schual-Berke, Moeller, Edwards and Morrell
AN ACT Relating to insurance loss ratios; and amending RCW 48.20.025, 48.44.017, and 48.46.062.
Referred to Committee on Health Care.
HB 1717 by Representatives Cody and Campbell
AN ACT Relating to separate billing of tenants for water and wastewater services by a landlord; and adding a new section to chapter 59.18 RCW.
Referred to Committee on Judiciary.
HB 1718 by Representatives Carrell, Delvin, Hinkle, Eickmeyer and Upthegrove
AN ACT Relating to the treatment of minors; amending RCW 70.96A.235 and 70.96A.245; adding a new section to chapter 70.96A RCW; and creating a new section.
Referred to Committee on Juvenile Justice & Family Law.
HB 1719 by Representatives Upthegrove, Hunt, Dunshee, Romero, Hudgins and Darneille
AN ACT Relating to making injunctive relief available to private parties under the shoreline management act; and amending RCW 90.58.230.
Referred to Committee on Fisheries, Ecology & Parks.
HB 1720 by Representatives Upthegrove, Delvin and Dickerson
AN ACT Relating to petitions for nonparental custody of a child; and adding a new section to chapter 26.10 RCW.
Referred to Committee on Juvenile Justice & Family Law.
HB 1721 by Representatives Moeller, Boldt, Fromhold and Wallace
AN ACT Relating to the practice of dentistry by students in accredited state dental schools; and amending RCW 18.32.030.
Referred to Committee on Health Care.
HB 1722 by Representatives Gombosky and Cairnes
AN ACT Relating to the taxability of persons with limited connections to Washington; amending RCW 82.08.050 and 82.12.040; adding a new section to chapter 82.04 RCW; and creating a new section.
Referred to Committee on Finance.
HB 1723 by Representatives Carrell, Gombosky, Talcott, Cairnes and Roach
AN ACT Relating to the property taxation of qualified historic property; amending RCW 84.26.010, 84.26.020, 84.26.110, and 84.26.130; adding new sections to chapter 84.26 RCW; and creating a new section.
Referred to Committee on Finance.
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.
REPORTS OF STANDING COMMITTEES
February 4, 2003
HB 1010 Prime Sponsor, Representative Dickerson: Changing provisions relating to discharge of a minor from a mental health facility. Reported by Committee on Juvenile Justice & Family Law
MAJORITY recommendation: Do pass as amended.
On page 1, line 16, strike "on" and insert "by"
Signed by Representatives Dickerson, Chairman; Pettigrew, Vice Chairman; Delvin, Ranking Minority Member; Carrell; Eickmeyer; Hinkle and Upthegrove.
Passed to Committee on Rules for second reading.
February 4, 2003
HB 1295 Prime Sponsor, Representative Morrell: Eliminating barriers to initial licensure in health professions. Reported by Committee on Health Care
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cody, Chairman; Morrell, Vice Chairman; Pflug, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Alexander; Benson; Campbell; Clibborn; Darneille; Edwards; Moeller; Schual-Berke and Skinner.
Passed to Committee on Rules for second reading.
February 4, 2003
HB 1296 Prime Sponsor, Representative Moeller: Making corrections to the department of health's professional and facilities licensing provisions. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chairman; Morrell, Vice Chairman; Pflug, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Alexander; Benson; Campbell; Clibborn; Darneille; Edwards; Moeller; Schual-Berke and Skinner.
Passed to Committee on Rules for second reading.
There being no objection, the bills listed on the day's committee reports sheet under the fifth order of business were referred to the committees so designated.
SECOND READING
SENATE BILL NO. 5001, By Senators Zarelli, McCaslin, Kastama, T. Sheldon, Carlson, Esser and Sheahan
Revising the felony-murder statute.
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 O'Brien, Carrell and McMahan spoke in favor of passage of the bill.
MOTIONS
On motion of Representative Newhouse, Representative Skinner was excused. On motion of Representative Santos, Representative Kessler was excused.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5001.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5001 and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Murray, Newhouse, Nixon, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 90.
Voting nay: Representative Flannigan - 1.
Excused: Representatives Kessler and Skinner - 2.
SENATE BILL NO. 5001, having received the necessary constitutional majority, was declared passed.
Had I been present, I would have voted YEA on Senate Bill No. 5001.
LYNN KESSLER, 24th District
HOUSE BILL NO. 1001, By Representatives Lantz, Chase, Ruderman, Fromhold, Dickerson, Conway, Schindler, Veloria, O'Brien, Kenney, Campbell, Nixon and Darneille
Revising voyeurism laws.
The bill was read the second time. There being no objection, Substitute House Bill No. 1001 was substituted for House Bill No. 1001 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 1001 was read the second time.
There being no objection, amendment (005) to Substitute House Bill No. 1001 was withdrawn.
Representative McMahan moved the adoption of amendment (006):
On page 2, line 9, after "purpose" insert ", whether private or commercial,"
On page 2, line 16, after "purpose" insert ", whether private or commercial,"
On page 2, after line 35, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 9A.44 RCW to read as follows:
(1) A person who distributes, disseminates, or otherwise discloses any photograph, motion picture film, digital image, video tape, or any other recording that the person knows was made or acquired in violation of RCW 9A.44.115(2)(a) is guilty of a class C felony.
(2) A person who distributes, disseminates, or otherwise discloses any photograph, motion picture film, digital image, video tape, or any other recording that the person knows was made or acquired in violation of RCW 9A.44.115(2)(b) is guilty of a gross misdemeanor, unless the person has previously been convicted under this section, under RCW 9A.44.115 or of a sex offense as defined in RCW 9.94A.030, in which case the person is guilty of a class C felony."
Renumber the remaining sections consecutively and correct the title.
Representatives McMahan, Lantz and Orcutt spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was order engrossed.
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 McDonald spoke in favor of passage of the bill.
The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1001.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1001 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Murray, Newhouse, Nixon, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.
Excused: Representatives Kessler and Skinner - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1001, having received the necessary constitutional majority, was declared passed.
Had I been present, I would have voted YEA on Engrossed Substitute House Bill No. 1001.
LYNN KESSLER, 24th District
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the House adjourned until 9:55 a.m., February 6, 2003, the 25th Day of the Regular Session.
FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk