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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

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THIRTY THIRD DAY

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House Chamber, Olympia, Friday, February 14, 2003

The House was called to order at 10:00 a.m. by the Speaker (Representative Lovick presiding). The Clerk called the roll and a quorum was present.

The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Megan Griffin and Justin Lind. Prayer was offered by Reverend Jim Erlandson, Community of Christ, Olympia.

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

RESOLUTION

HOUSE RESOLUTION NO. 2003-4611, by Representatives Woods, Murray, Schual-Berke, Buck, Cody, Holmquist, Romero, Alexander, Ruderman, DeBolt, Haigh, Hankins, Cooper, Skinner, Edwards, Schindler, Grant, Campbell, Hunt, Bush, Crouse, Benson, Kristiansen, Orcutt, Armstrong, Hinkle, McDonald, Pearson, Ericksen, Ahern, Anderson, Bailey, Berkey, Blake, Boldt, Cairnes, Carrell, Chandler, Chase, Chopp, Clements, Clibborn, Condotta, Conway, Cox, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Hatfield, Hudgins, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Newhouse, Nixon, O'Brien, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Santos, Schoesler, Sehlin, Shabro, Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace and Wood

WHEREAS, The Washington State House of Representatives recognizes the many years of service that Maryann Mitchell gave to the people of this state, and desires to pay tribute to her, celebrate her life, applaud her accomplishments, and honor her contributions to the state of Washington; and

WHEREAS, In 1961 Maryann Mitchell, as a lifeguard and a water safety instructor with the King County Parks Department, began teaching swimming lessons to developmentally disabled children; and

WHEREAS, In 1967 Maryann Mitchell and the King County Parks Department worked together to create an innovative athletic program for the developmentally disabled, which quickly spread throughout the state as a forum for the developmentally disabled to participate in athletic competitions; and

WHEREAS, Based on Maryann Mitchell's work with the King County Parks Department in creating an innovative athletic program and the subsequent growth of the program to statewide participation in athletic competitions for the developmentally disabled, Maryann founded the Washington State Special Olympics, which later presented her with the opportunity to work with Eunice Kennedy Shriver as a team organizer in the creation of both the National and International Special Olympics in which Maryann would play a vital and active role, as well as serving as the state director for the Washington State Special Olympics from 1971-1972 and again from 1977-1978; and

WHEREAS, Maryann Mitchell became a strong voice for the developmentally disabled during her time working for the King County Association for Retarded Citizens (ARC) in which she advocated for the disabled community in the courts and the legislature, helping create House Bill No. 90 known as the "education for all law"; and

WHEREAS, Maryann Mitchell continued to advocate for the elderly and disabled through her personal and political support of the South King County Multi-Service Center, serving as a board member from 1992-1994; and

WHEREAS, In 1987 Maryann Mitchell served as the Chairwoman of the "Federal Way First!" cityhood campaign, which was instrumental in the city of Federal Way incorporation in 1990; and

WHEREAS, Maryann Mitchell had much compassion for animals and in particular was concerned over the quality of life provided for animals living in zoos, and in 1986-1990 she served on the Woodland Park Zoo Oversight Committee, which oversaw the budget and design work for building new habitats for elephants, wolves, giraffes, and gorillas housed at the zoo; and

WHEREAS, Maryann Mitchell played an active and influential role as a member of the Pacific Northwest Aquatics Foundation, which was created to build the Weyerhaeuser pool located in Federal Way, in hopes of hosting the aquatics portion of the 1990 Goodwill Games; and

WHEREAS, Maryann Mitchell enjoyed the outdoors and nature and contributed to ensuring that urban areas maintained natural environments by working on the King County Open Space Bond Issue campaign, which was designed to help preserve and develop parks, trails, recreation areas, and wetlands; and

WHEREAS, In 1990 Maryann Mitchell was elected to the Washington State House of Representatives, representing the 30th District as a moderate Republican who came to Olympia with clear priorities to find solutions for transportation, addressing the needs of the elderly and disabled, and working on building a sound state budget; and

WHEREAS, During Maryann Mitchell's ten years in the Washington State Legislature, her roles included serving as the Vice-Chairman on the House Transportation Committee from 1995-2000, serving as the CoChairman on the Capital Budget Committee in 1999, and serving as the CoChairman of the House Transportation Committee in 2000 and 2001; and

WHEREAS, Maryann Mitchell's leadership on the Legislative Building Preservation and Renovation Commission, and her leadership within the Legislature, was instrumental in starting the long-delayed rehabilitation of the State Capitol Building; and

WHEREAS, Maryann Mitchell was known in the Legislature as a fair but tough negotiator, and someone who was a no-nonsense hard worker, yet was fun, had a good sense of humor, and always a pleasure to work with; and

WHEREAS, Maryann Mitchell was a legislator who was willing to work with both sides of the aisle to achieve an end goal, as she would give in the hopes that she would get, but never compromised her beliefs; and

WHEREAS, Maryann Mitchell was loved by most and respected by all and will be deeply missed by her colleagues, friends, and family who include her husband Sam Mitchell, her five grown children: Margaret Velte, Jill Snyder, Laura Ladabour, Rob Mitchell, and Rick Mitchell, and her six grandchildren: Jon Nelson, Ross, Ryan, and Kurt Mitchell, and Alex and Tyler Velte.

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives does extend its deepest condolences to the family of Maryann Mitchell; and

BE IT FURTHER RESOLVED, That a suitably inscribed copy of this resolution be sent to her husband, Sam Mitchell.

Representative Woods moved the adoption of the resolution.

Representatives Woods and Murray spoke in favor of the adoption of the resolution.

HOUSE RESOLUTION NO. 4611 was adopted.

In honor of Maryann Mitchell, the Country Squires Barbershop Quartet serenaded the Chamber.

MESSAGE FROM THE SENATE

February 13, 2003

Mr. Speaker:

The President has signed HOUSE CONCURRENT RESOLUTION NO. 4402, and the same is herewith transmitted.

Paul Campos, Deputy Secretary

INTRODUCTION & FIRST READING

HB 1905 by Representatives Gombosky, Buck, Lantz, Tom, Pettigrew, Rockefeller, Skinner, Fromhold, Benson and Kagi

AN ACT Relating to the property taxation of organizations operated exclusively for art, scientific, or historical purposes or engaged in the production and performance of musical, dance, artistic, dramatic, or literary works; amending RCW 84.36.060 and 84.36.805; and creating a new section.

Referred to Committee on Finance.

HB 1906 by Representatives Ahern, Cox, Benson, Gombosky, Chase, Sullivan, Boldt, Schoesler, Schindler and Crouse

AN ACT Relating to siting of secure community transition facilities; amending RCW 71.09.342; creating a new section; and declaring an emergency.

Referred to Committee on Criminal Justice & Corrections.

HB 1907 by Representatives Ahern, Lovick, Benson, Anderson, Orcutt, Upthegrove, McMahan, Gombosky, Pettigrew, Holmquist, Chase, Mielke, Roach, Sump, Campbell, Schindler, Wood, Crouse, Cox and Schoesler

AN ACT Relating to siting of secure community transition facilities; amending RCW 71.09.285, 71.09.342, and 34.05.4791; creating a new section; and declaring an emergency.

Referred to Committee on Criminal Justice & Corrections.

HB 1908 by Representatives Dunshee, Cox, Sommers, Kenney, Lantz, O'Brien, Jarrett and McIntire; by request of Governor Locke

AN ACT Relating to capital construction of and bonding for facilities for institutions of higher education; and adding a new chapter to Title 28B RCW.

Referred to Committee on Capital Budget.

HB 1909 by Representatives Jarrett, Kenney, Cox, Fromhold, Chase, Berkey, Pearson, McCoy, Gombosky, Lantz, Clements, Talcott and Buck

AN ACT Relating to creating a pilot project for competency-based transfer in higher education; creating new sections; and providing an expiration date.

Referred to Committee on Higher Education.

HB 1910 by Representatives Schual-Berke and Pflug

AN ACT Relating to limiting noneconomic damages in actions under chapter 7.70 RCW; amending RCW 4.56.250; and providing a contingent effective date.

Referred to Committee on Judiciary.

HB 1911 by Representatives O'Brien, Chase, Moeller, Lantz and Delvin

AN ACT Relating to aggravated first degree murder; amending RCW 10.95.030, 10.95.070, and 10.95.130; and prescribing penalties.

Referred to Committee on Judiciary.

HB 1912 by Representatives McMahan, Lantz, Kirby, Newhouse, Campbell and Carrell

AN ACT Relating to convicted juvenile sex offenders in the common schools; adding a new section to chapter 28A.225 RCW; adding a new section to chapter 28A.320 RCW; creating a new section; and declaring an emergency.

Referred to Committee on Education.

HB 1913 by Representatives Darneille, Mastin, Schual-Berke, Campbell, Cody, Moeller and Grant

AN ACT Relating to granting authority to the department of community, trade, and economic development to address concerns with lead-based paint activities; adding a new chapter to Title 70 RCW; and prescribing penalties.

Referred to Committee on Fisheries, Ecology & Parks.

HB 1914 by Representatives Edwards, Campbell, Schual-Berke and McMahan

AN ACT Relating to exempting kidney dialysis patients from requirements of the therapeutic consultation service; and adding a new section to chapter 74.09 RCW.

Referred to Committee on Health Care.

HB 1915 by Representative Kirby

AN ACT Relating to the siting of criminal justice and other institutional facilities in Pierce county; adding a new section to chapter 72.09 RCW; adding a new section to chapter 43.20 RCW; and creating a new section.

Referred to Committee on Criminal Justice & Corrections.

HB 1916 by Representatives Edwards and Skinner

AN ACT Relating to boarding home license violations; and amending RCW 18.20.190 and 18.20.195.

Referred to Committee on Health Care.

HB 1917 by Representatives Edwards, Pflug, Cody and Skinner

AN ACT Relating to regulation of boarding homes; and reenacting and amending RCW 18.20.010.

Referred to Committee on Health Care.

HJM 4016 by Representatives Wood, Benson, Gombosky, Cox, Schoesler, Ahern, Schindler and Crouse

Designating the Michael P. Anderson Memorial Highway.

Referred to Committee on Transportation.

HJM 4017 by Representative Nixon

Requesting Congress to repeal the alternative minimum tax.

Referred to Committee on Finance.

There being no objection, the bills and memorials 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 11, 2003

HB 1079 Prime Sponsor, Representative Kenney: Expanding the definition of resident student for higher education purposes. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass as amended.

On page 2, at the beginning of line 20, strike everything through "so;" on line 22, and insert "file an application for permanent residency and engage in activities necessary to acquire citizenship, including but not limited to taking citizenship or civics review classes prior to completing a certificate or degree program;"

Signed by Representatives Kenney, Chairman; Fromhold, Vice Chairman; Cox, Ranking Minority Member; Priest, Assistant Ranking Minority Member; Berkey; Buck; Chase; Gombosky; Jarrett; Lantz; McCoy and Morrell.

MINORITY recommendation: Do not pass. Signed by Representatives Boldt; Clements and Condotta.

Passed to Committee on Rules for second reading.

February 11, 2003

HB 1081 Prime Sponsor, Representative Hunter: Providing funds to deter, investigate, and prosecute real estate fraud crimes. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Schual-Berke, Chairman; Simpson, Vice Chairman; Benson, Ranking Minority Member; Newhouse, Assistant Ranking Minority Member; Cairnes; Carrell; Cooper; Hunter; Roach and Santos.

MINORITY recommendation: Without recommendation. Signed by Representative Hatfield.

Referred to Committee on Appropriations.

February 11, 2003

HB 1219 Prime Sponsor, Representative Schual-Berke: Addressing violations connected with the offer, sale, or purchase of securities. Reported by Committee on Financial Institutions & Insurance

Referred to Committee on Appropriations.

February 12, 2003

HB 1223 Prime Sponsor, Representative Dickerson: Placing jurisdiction over deceased minors with the county coroner. Reported by Committee on Children & Family Services

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Kagi, Chairman; Darneille, Vice Chairman; Boldt, Ranking Minority Member; Bailey; Dickerson; Miloscia; Pettigrew and Shabro.

Referred to Committee on Appropriations.

February 12, 2003

HB 1236 Prime Sponsor, Representative Kagi: Providing public access to child dependency hearings. Reported by Committee on Children & Family Services

Passed to Committee on Rules for second reading.

February 13, 2003

HB 1333 Prime Sponsor, Representative Lantz: Changing the membership of the commission on judicial conduct. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Moeller, Vice Chairman; Carrell, Ranking Minority Member; McMahan, Assistant Ranking Minority Member; Campbell; Flannigan; Kirby; Lovick and Newhouse.

Passed to Committee on Rules for second reading.

February 13, 2003

HB 1335 Prime Sponsor, Representative Cooper: Continuing the development of water trail sites in Washington state. Reported by Committee on Fisheries, Ecology & Parks

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cooper, Chairman; Berkey, Vice Chairman; Sump, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Buck; O'Brien; Pearson and Upthegrove.

MINORITY recommendation: Without recommendation. Signed by Representative Hatfied.

Referred to Committee on Appropriations.

February 12, 2003

HB 1545 Prime Sponsor, Representative Fromhold: Providing for consolidation of early learning and child care programs. Reported by Committee on Children & Family Services

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Kagi, Chairman; Darneille, Vice Chairman; Dickerson; Miloscia and Pettigrew.

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

Referred to Committee on Appropriations.

February 13, 2003

HB 1583 Prime Sponsor, Representative Kirby: Changing requirements for issuing salary warrants for judges. Reported by Committee on Judiciary

Passed to Committee on Rules for second reading.

February 12, 2003

HB 1654 Prime Sponsor, Representative Schual-Berke: Borrowing money by domestic mutual insurers. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: Do pass. Signed by Representatives Schual-Berke, Chairman; Simpson, Vice Chairman; Benson, Ranking Minority Member; Newhouse, Assistant Ranking Minority Member; Cairnes; Carrell; Cooper; Hatfield; Hunter; Roach and Santos.

Passed to Committee on Rules for second reading.

February 13, 2003

HB 1675 Prime Sponsor, Representative Moeller: Updating civil trial provisions. Reported by Committee on Judiciary

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Lantz, Chairman; Moeller, Vice Chairman; Carrell, Ranking Minority Member; McMahan, Assistant Ranking Minority Member; Campbell; Flannigan; Kirby; Lovick and Newhouse.

Passed to Committee on Rules for second reading.

February 13, 2003

HJR 4205 Prime Sponsor, Representative Lantz: Changing the membership of the commission on judicial conduct. Reported by Committee on Judiciary

Passed to Committee on Rules for second reading.

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.

SECOND READING

HOUSE BILL NO. 1028, By Representatives Dickerson, Delvin, Kagi, O'Brien, Kenney and Upthegrove

Studying programs for at-risk youth intervention.

The bill was read the second time. There being no objection, Substitute House Bill No. 1028 was substituted for House Bill No. 1028 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1028 was read the second time.

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

Representative Dickerson spoke in favor of passage of the bill.

MOTION

On motion of Representative McMahan, Representative Boldt was excused.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1028.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1028 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, 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, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

Excused: Representative Boldt - 1.

SUBSTITUTE HOUSE BILL NO. 1028, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1059, By Representatives Veloria, Sump, Grant and Clements

Creating a joint committee on trade policy.

The bill was read the second time. There being no objection, Substitute House Bill No. 1059 was substituted for House Bill No. 1059 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1059 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 Veloria and Sump 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 Substitute House Bill No. 1059.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1059 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Boldt - 1.

SUBSTITUTE HOUSE BILL NO. 1059, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1098, By Representatives Lantz and Carrell

Authorizing electronic notice and other communications within the Washington nonprofit corporation act.

The bill was read the second time.

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

Representative Lantz 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 House Bill No. 1098.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1098 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Boldt - 1.

HOUSE BILL NO. 1098, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1108, By Representatives Chase, DeBolt, Lovick, Ahern, Moeller, Blake, McCoy, Eickmeyer, Sump, O'Brien, Mielke and Haigh

Establishing penalties for harming a police horse.

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 and DeBolt 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 House Bill No. 1108.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1108 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Boldt - 1.

HOUSE BILL NO. 1108, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1119, By Representatives Ruderman, Nixon, Haigh, McDermott, Tom, Miloscia, Clibborn, Hudgins, Cody, Hunter, Kessler and Darneille

Regulating mail to constituents.

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 Ruderman and Nixon 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 House Bill No. 1119.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1119 and the bill passed the House by the following vote: Yeas - 81, Nays - 16, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Armstrong, Bailey, Berkey, Blake, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Condotta, Conway, Cooper, Darneille, DeBolt, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 81.

Voting nay: Representatives Ahern, Benson, Buck, Bush, Chandler, Clements, Cox, Crouse, Delvin, Hinkle, Holmquist, McDonald, Mielke, Newhouse, Schindler and Schoesler - 16.

Excused: Representative Boldt - 1.

HOUSE BILL NO. 1119, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1138, By Representatives McIntire, Ericksen, Armstrong, Dunshee, Cooper, Anderson, O'Brien, Haigh, Kenney, Lantz, McDermott and Chase

Reestablishing the state parks and outdoor recreation funding task force.

The bill was read the second time. There being no objection, Substitute House Bill No. 1138 was substituted for House Bill No. 1138 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1138 was read the second time.

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

Representative McIntire 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 Substitute House Bill No. 1138.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1138 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Boldt - 1.

SUBSTITUTE HOUSE BILL NO. 1138, having received the necessary constitutional majority, was declared passed.

There being no objection, the House deferred action on HOUSE BILL NO. 1148, and the bill held its place on the Second Reading calendar.

HOUSE BILL NO. 1156, By Representatives Miloscia, Armstrong, Ruderman, Hunt, Kenney, Nixon, Shabro, Haigh, Rockefeller, Cairnes, Simpson, McDermott, Tom, Moeller, Anderson, O'Brien, Benson, Carrell, Mielke, Schual-Berke, Wallace, Hudgins, Kessler, Campbell and Upthegrove; by request of Secretary of State

Requiring timely mailing of ballots.

The bill was read the second time. There being no objection, Substitute House Bill No. 1156 was substituted for House Bill No. 1156 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1156 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 Miloscia and Armstrong 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 Substitute House Bill No. 1156.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1156 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Boldt - 1.

SUBSTITUTE HOUSE BILL NO. 1156, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1161, By Representatives McDermott, Shabro, Tom, Anderson, Kenney, Wallace and Linville; by request of Secretary of State

Administering funds received under the Help America Vote Act.

The bill was read the second time.

Representative McDermott moved the adoption of amendment (017):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 29.04 RCW to read as follows:

(1) The election account is created in the state treasury.

(2) The following receipts must be deposited into the account:

Amounts received from the federal government under Public Law 107-252 (October 29, 2002), known as the "Help America Vote Act of 2002," including any amounts received under subsequent amendments to the act;

amounts appropriated or otherwise made available by the state legislature for the purposes of carrying out activities for which federal funds are provided to the state under Public Law 107-252, including any amounts received under subsequent amendments to the act;

and such other amounts as may be appropriated by the legislature to the account.

(3) Moneys in the account may be spent only after appropriation. Expenditures from the account may be made only to facilitate the implementation of Public Law 107-252.

Sec. 2. RCW 43.84.092 and 2002 c 242 s 2 and 2002 c 114 s 24 are each reenacted and amended to read as follows:

(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the election account, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the Puyallup tribal settlement account, the regional transportation investment district account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section."

Representative McDermott 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.

Representative Shabro 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 House Bill No. 1161.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1161 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Boldt - 1.

ENGROSSED HOUSE BILL NO. 1161, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1175, By Representatives Veloria, Roach, O'Brien, Conway, Clements, Lantz, Linville, Moeller, Delvin, Benson, Darneille, Kenney, Kessler, Simpson, Chase, McMahan and Upthegrove

Prohibiting trafficking in persons.

The bill was read the second time. There being no objection, Substitute House Bill No. 1175 was substituted for House Bill No. 1175 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1175 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 Veloria and Roach 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 Substitute House Bill No. 1175.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1175 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Boldt - 1.

SUBSTITUTE HOUSE BILL NO. 1175, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1213, By Representatives Haigh, Armstrong, Morris, Hatfield, Linville, Ruderman and Rockefeller; by request of Governor Locke

Eliminating boards and commissions.

The bill was read the second time. There being no objection, Substitute House Bill No. 1213 was substituted for House Bill No. 1213 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1213 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 Hunt and Armstrong 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 Substitute House Bill No. 1213.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1213 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Boldt - 1.

SUBSTITUTE HOUSE BILL NO. 1213, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1231, By Representatives Romero, Schindler, Upthegrove, Jarrett, Clibborn, Armstrong, Hatfield, Clements, Moeller, Mielke, Morris, Ericksen, Berkey, Roach, Simpson, Linville, Fromhold, Dunshee, Kirby, Ruderman, Hunt, Nixon, McDermott, Holmquist, Anderson, Chase and Condotta

Providing for direct petition annexations.

The bill was read the second time. There being no objection, Substitute House Bill No. 1231 was substituted for House Bill No. 1231 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1231 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 Romero and Schindler 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 Substitute House Bill No. 1231.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1231 and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Berkey, Blake, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, 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, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

Voting nay: Representatives Benson and Buck - 2.

Excused: Representative Boldt - 1.

SUBSTITUTE HOUSE BILL NO. 1231, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1286, By Representatives Ruderman, Crouse, Morris, Nixon, Sullivan and Delvin

Regarding promotional service offerings.

The bill was read the second time. There being no objection, Substitute House Bill No. 1286 was substituted for House Bill No. 1286 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1286 was read the second time.

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

Representative Ruderman 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 Substitute House Bill No. 1286.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1286 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Boldt - 1.

SUBSTITUTE HOUSE BILL NO. 1286, having received the necessary constitutional majority, was declared passed.

There being no objection, the House deferred action on House Bill No. 1376, and the bill held its place on the Second Reading calendar.

HOUSE BILL NO. 1403, By Representatives Kenney, Cox, Grant, Fromhold, Jarrett, Conway, McIntire, Benson, Berkey and Upthegrove; by request of State Board for Community and Technical Colleges

Changing exceptional faculty award grants.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Higher Education was adopted. (For committee amendment, see Journal, 30^th Day, February 11, 2003.)

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 Kenney and Cox 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 House Bill No. 1403.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1403 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Boldt - 1.

ENGROSSED HOUSE BILL NO. 1403, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1440, By Representatives Conway, Chandler, Tom and Wood

Allowing out-of-state licensees to practice commercial real estate.

The bill was read the second time. There being no objection, Substitute House Bill No. 1440 was substituted for House Bill No. 1440 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1440 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 Conway and Chandler 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 Substitute House Bill No. 1440.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1440 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Boldt - 1.

SUBSTITUTE HOUSE BILL NO. 1440, having received the necessary constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4000, By Representatives Morris, Kenney, Conway, Lovick, Linville, Anderson and O'Brien

Supporting regional infrastructure security.

The joint memorial was read the second time. There being no objection, Substitute House Joint Memorial No. 4000 was substituted for House Joint Memorial No. 4000 and the substitute joint memorial was placed on the second reading calendar.

SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4000 was read the second time.

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

Representatives Morris and Anderson spoke in favor of passage of the joint memorial.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Joint Memorial No. 4000.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Joint Memorial No. 4000 and the memorial passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Boldt - 1.

SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4000, having received the necessary constitutional majority, was declared passed.

There being no objection, the House advanced to the eleventh order of business.

There being no objection, the House adjourned until 10:00 a.m., February 17, 2003, the 36^th Day of the Regular Session.

FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk