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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

___________________________________________________________________________________________


THIRTY EIGHTH DAY

___________________________________________________________________________________________


House Chamber, Olympia, Wednesday, February 19, 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 the Nisei Veterans Committee Color Guard. Prayer was offered by Archbishop Alexander Brunett, Archdiocese of Western Washington.


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


RESOLUTION


             HOUSE RESOLUTION NO. 2003-4626, By Representatives Santos, Veloria, Kenney, Pettigrew, McCoy, Lovick, Moeller, Morris, Chase, Linville, Dickerson, Romero, Conway, Gombosky, Holmquist, Wallace, Haigh, Darneille, Fromhold, Sommers, Simpson, Murray, Cody, Dunshee, Hunter, Quall, Hunt, Hudgins, McIntire, Upthegrove, Edwards, Rockefeller, Lantz, Wood, Kirby, Cooper, Sullivan, Berkey, Kagi, Woods, Condotta, Sump, Armstrong, Shabro, Schoesler, Nixon, Alexander, Anderson, Newhouse, Clements, Jarrett, Priest, Kessler, Grant, Ruderman, Schual-Berke, Chopp, McDermott, Ericksen, O'Brien, Skinner and Talcott


             WHEREAS, On February 19, 1942, President Franklin D. Roosevelt issued Executive Order 9066, which authorized the forced assembly, evacuation, and internment of approximately 12,000 Japanese-Americans

residing in the state of Washington; and

             WHEREAS, The order for assembly and detention at Camp Harmony in Puyallup, Washington, prior to evacuation and subsequent internment caused the Japanese-Americans from the state of Washington to lose millions of dollars in property and assets, to suffer immeasurable physical and psychological damage, and to be deprived of their constitutional liberties without due process of law; and

             WHEREAS, The alleged purpose of this drastic course of action was to prevent Japanese-Americans, all of whom were deemed disloyal and untrustworthy, from committing acts of espionage and sabotage against the United States during the period of its involvement in World War II; and

             WHEREAS, An overwhelming number of Japanese-Americans from the state of Washington responded to questions of their loyalty and patriotism by volunteering from within barbed wire camps to serve in the United States Military Intelligence Service and the United States Army's 442nd Regimental Combat Team, the latter of which became the most decorated unit of its size in American history with seven Presidential Unit Citations, 21 Congressional Medals of Honor, 52 Distinguished Service Crosses, 588 Silver Stars, 4,000 Bronze Stars, 9,486 Purple Hearts, and a total of 18 decorations from France and Italy; and

             WHEREAS, A few equally patriotic Japanese-Americans, such as Gordon Hirabayashi, then a student at the University of Washington, were willing to face imprisonment to seek justice by challenging the constitutionality of the evacuation and internment orders; and

             WHEREAS, Hindsight has proven that the predominant factor that actually led to the internment of Japanese-Americans was not "military necessity" to protect the United States from possible espionage or sabotage, but was the result of "race prejudice, war hysteria, and a failure of political leadership"; and

             WHEREAS, Japanese-American internees from the state of Washington endured economic, physical, and psychological hardship and suffered in silence for more than forty years before the state of Washington provided monetary redress and reparations to municipal and state employees;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives, along with the people of Washington, pause in their endeavors on February 19, 2003, to acknowledge the sixty-first anniversary of the signing of Executive Order 9066, to recognize the Japanese-American internees from the state of Washington and honor their patience, heroism, sacrifice, and patriotic loyalty, and to remember the lessons and blessings of liberty and justice for all; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Nisei Veterans Committee, the Military Intelligence Service - Northwest Association, and the Japanese- American Citizens League.


             HOUSE RESOLUTION NO. 4626 was adopted.


SPEAKER'S PRIVILEGE


             The Speaker (Representative Lovick presiding): "The speaker wishes to acknowledge that February 19th has been designated as a Day of Remembrance, a day to observe the anniversary of the signing of Executive Order 9066, which authorized a very painful chapter in the history of our country -- the evacuation, relocation, and internment of more than 120,000 Japanese Americans during World War II.

             The Speaker would note that Japanese-American residents of Bainbridge Island were the very first in the nation to be subject to this order. The Speaker further recognizes the hundreds of valiant men and women from Washington State who served with honor and distinction in the 100th Battalion, 442nd Regimental Combat Team, and the Military Intelligence Service.

             We are eternally grateful to these veterans for fighting to protect our rights and freedoms, and for honoring the Washington State House of Representatives with this morning's color guard. We are honored by your presence.

             The Day of Remembrance is a time to remember what happened to loyal American citizens during World War II and to pledge never again to surrender our principles or our people to fear."

 

MESSAGE FROM THE SENATE

February 18, 2003

Mr. Speaker:


             The Senate has passed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5017,

SENATE BILL NO. 5095,

SENATE BILL NO. 5096,

ENGROSSED SENATE BILL NO. 5161,

SUBSTITUTE SENATE BILL NO. 5165,

SUBSTITUTE SENATE BILL NO. 5236,

SENATE BILL NO. 5244,

SENATE BILL NO. 5271,

SUBSTITUTE SENATE BILL NO. 5327,


and the same are herewith transmitted.

Milt H. Doumit, Secretary


INTRODUCTION & FIRST READING

 

HB 1996           by Representatives Morrell, McDonald and Kagi


             AN ACT Relating to clarifying that building operation and maintenance costs of housing projects or units within housing projects eligible to receive housing trust funds, that are affordable to very low-income persons with incomes at or below fifty percent of the area median income, are eligible for local funds; and amending RCW 36.22.178.


             Referred to Committee on Local Government.

 

HB 1997           by Representatives Cox, Priest, Kenney, Jarrett, Clements, Fromhold, Buck, Moeller, Edwards and Chase


             AN ACT Relating to providing assistance to institutions of higher education in managing overenrollment of students; amending RCW 28B.15.012 and 28B.15.013; adding new sections to chapter 28B.15 RCW; and creating a new section.


             Referred to Committee on Higher Education.

 

HB 1998           by Representatives Delvin, Lovick, O'Brien, Clements, Eickmeyer, Dickerson, Pettigrew, Roach, Schoesler, Newhouse, Armstrong, Hinkle, Cooper, Conway, Murray, Hatfield, Simpson, Hankins, Kenney and Edwards


             AN ACT Relating to examinations for promotions in the state patrol; and amending RCW 43.43.330 and 43.43.350.


             Referred to Committee on State Government.

 

HB 1999           by Representatives Grant, Schoesler, Linville, Chandler, Morris, Hunt and Holmquist


             AN ACT Relating to nonuse of water for water conservation measures; amending RCW 90.03.380; and reenacting and amending RCW 90.14.140.


             Referred to Committee on Agriculture & Natural Resources.

 

HB 2000           by Representatives Pettigrew, Dickerson, McCoy, Kenney and Santos


             AN ACT Relating to third-party custody proceedings involving the Indian Child Welfare Act; amending RCW 13.04.030, 13.34.245, and 26.10.130; and adding a new section to chapter 26.10 RCW.


             Referred to Committee on Juvenile Justice & Family Law.

 

HB 2001           by Representatives Murray, Skinner and Hudgins


             AN ACT Relating to property tax exemptions for nonprofit organizations supporting artists; adding a new section to chapter 84.36 RCW; and creating a new section.


             Referred to Committee on Finance.

 

HB 2002           by Representatives Kirby, Orcutt, Mielke, Murray, Hinkle, Dunshee, Armstrong, Newhouse, Holmquist, Clements, Talcott, Condotta, Blake, Wood, Morrell, Kagi and Hudgins


             AN ACT Relating to preventing the use of law enforcement profiling on the basis of whether a person is riding a motorcycle or wearing motorcycle-related paraphernalia; and adding a new section to chapter 43.101 RCW.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2003           by Representatives Veloria, Chase and Santos


             AN ACT Relating to equal access and opportunity in public employment, public education, and public contracting; and repealing RCW 49.60.400 and 49.60.401.


             Referred to Committee on Judiciary.

 

HB 2004           by Representatives Hudgins, Veloria and Upthegrove


             AN ACT Relating to the alignment of state route number 99; and amending RCW 47.17.160.


             Referred to Committee on Transportation.

 

HB 2005           by Representatives Gombosky, Schindler, Cairnes, Sump, Cox, Crouse, Wood, Clements and Edwards


             AN ACT Relating to tax deductions and exemptions for postage costs; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; creating a new section; and declaring an emergency.


             Referred to Committee on Finance.

 

HB 2006           by Representatives Schindler, Gombosky, Ahern, Sump, Wood, Jarrett, Crouse, Pearson, Clements, Ericksen and Moeller


             AN ACT Relating to nuisance abatement powers of county governments; and amending RCW 36.32.120.


             Referred to Committee on Local Government.

 

HB 2007           by Representatives Nixon, Ruderman, Bush, Dickerson and Hudgins


             AN ACT Relating to commercial text messages; amending RCW 19.190.010 and 19.190.040; adding new sections to chapter 19.190 RCW; creating a new section; and prescribing penalties.


             Referred to Committee on Technology, Telecommunications & Energy.

 

HB 2008           by Representatives Boldt, Schindler and McMahan


             AN ACT Relating to protecting an unborn quick child from harm by the use of any illicit drugs such as cocaine, methamphetamines, and heroin; amending RCW 9A.42.010, 9A.42.020, and 9A.42.030; and declaring an emergency.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2009           by Representatives Santos, McDermott, Moeller, Quall and Hudgins


             AN ACT Relating to financial literacy; amending RCW 28A.230.020; adding a new section to chapter 28A.230 RCW; adding a new section to chapter 28A.630 RCW; creating a new section; and providing effective dates.


             Referred to Committee on Education.

 

HB 2010           by Representatives McDermott, Hunt, Murray, Santos, Moeller, Edwards, Kagi, Darneille, Chase and Hudgins


             AN ACT Relating to bereavement leave; amending RCW 41.06.133; reenacting and amending RCW 41.06.150; repealing 2002 c 110 s 1; providing effective dates; and providing an expiration date.


             Referred to Committee on State Government.

 

HB 2011           by Representatives Schual-Berke, Campbell, Cody, Morrell, Benson, Edwards and Chase


             AN ACT Relating to state agency contracts with pharmaceutical benefit management companies; amending RCW 41.05.011; adding a new section to chapter 41.05 RCW; and creating a new section.


             Referred to Committee on Health Care.

 

HB 2012           by Representatives Fromhold, Cox, Kenney, Hunter, Quall, Moeller, Chase and Santos


             AN ACT Relating to a special services pilot program; adding a new section to chapter 28A.630 RCW; creating a new section; providing an expiration date; and declaring an emergency.


             Referred to Committee on Education.

 

HB 2013           by Representatives Pearson and Edwards


             AN ACT Relating to allocating costs for railroad crossings of private roads; amending RCW 81.53.275; adding new sections to chapter 81.53 RCW; and creating a new section.


             Referred to Committee on Transportation.

 

HB 2014           by Representatives Flannigan, Delvin, Kirby, Moeller, Lovick, Lantz, Simpson, Shabro, Edwards and Kagi


             AN ACT Relating to insurance coverage for injuries sustained because of alcohol or narcotic use; adding a new section to chapter 48.20 RCW; adding a new section to chapter 48.21 RCW; adding a new section to chapter 48.44 RCW; adding a new section to chapter 48.46 RCW; creating new sections; and repealing RCW 48.20.272.


             Referred to Committee on Health Care.

 

HB 2015           by Representatives Kessler, Cody, Grant, Kenney, Ruderman, Edwards and Santos


             AN ACT Relating to access to health insurance for small employers and their employees; amending RCW 48.21.045, 48.44.023, 48.46.066, 48.43.035, and 70.47.020; adding a new section to chapter 48.43 RCW; adding a new section to chapter 70.47 RCW; creating a new section; and providing an effective date.


             Referred to Committee on Health Care.

 

HB 2016           by Representatives Conway, Hudgins, Campbell, Cody, Kenney, Blake, Miloscia, Romero, Wallace, O'Brien, Wood, Chase, Simpson, Berkey, Darneille, Hunt, Moeller, Upthegrove, Edwards, Kagi and Santos


             AN ACT Relating to employers that use public funds to encourage or discourage unionization; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 39.04 RCW; adding a new section to chapter 39.29 RCW; adding a new section to chapter 43.19 RCW; adding a new section to chapter 47.28 RCW; adding a new chapter to Title 49 RCW; creating new sections; prescribing penalties; providing an effective date; and declaring an emergency.


             Referred to Committee on Commerce & Labor.

 

HB 2017           by Representatives Conway, Carrell and Darneille


             AN ACT Relating to essential state community justice facilities; amending RCW 72.05.020, 72.05.400, 72.65.010, 72.65.220, and 36.70A.200; adding a new section to chapter 72.05 RCW; adding a new section to chapter 72.65 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 36.70 RCW; and declaring an emergency.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2018           by Representatives Cody, Morrell, Santos, Darneille and Edwards


             AN ACT Relating to the Washington state health insurance pool; and amending RCW 48.41.100 and 48.41.110.


             Referred to Committee on Health Care.

 

HB 2019           by Representatives Cody, Morrell, Edwards, Santos and Dickerson


             AN ACT Relating to nonsubsidized basic health plan coverage; amending RCW 70.47.020 and 70.47.060; and providing an effective date.


             Referred to Committee on Health Care.

 

HB 2020           by Representatives Lantz, Benson, Veloria, Kessler, Mielke, Gombosky, Simpson, Cooper, Buck and Clibborn


             AN ACT Relating to condominiums; amending RCW 64.34.308, 64.34.445, and 64.34.452; and creating a new section.


             Referred to Committee on Judiciary.

 

HB 2021           by Representatives Wallace, Boldt, Moeller, Upthegrove and Kenney


             AN ACT Relating to salvage vehicles; and amending RCW 46.12.005, 46.12.070, and 46.12.101.


             Referred to Committee on Transportation.

 

HB 2022           by Representatives Pflug, Cody, Moeller, Talcott, Benson and Skinner


             AN ACT Relating to eligibility for long-term care services under the medical assistance program; adding new sections to chapter 74.39A RCW; creating a new section; providing an effective date; and declaring an emergency.


             Referred to Committee on Health Care.

 

HB 2023           by Representative Linville


             AN ACT Relating to the dairy nutrient management program; amending RCW 90.64.005, 90.64.010, 90.64.017, 90.64.023, 90.64.026, 90.64.028, 90.64.050, 90.64.080, 90.64.130, 90.64.140, 90.64.800, 90.64.810, and 90.64.811; and providing an expiration date.


             Referred to Committee on Agriculture & Natural Resources.

 

HB 2024           by Representatives Mielke and Orcutt


             AN ACT Relating to designation of highways of statewide significance; and amending RCW 47.05.022.


             Referred to Committee on Transportation.

 

HB 2025           by Representatives Haigh, Hatfield, Darneille, Lovick, O'Brien, Romero and Blake


             AN ACT Relating to mental illness; amending RCW 71.05.150; adding a new section to chapter 43.101 RCW; and creating a new section.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2026           by Representatives Hunt, Shabro, McDermott, Nixon, Wallace, Armstrong, Simpson, Darneille, Moeller and Berkey


             AN ACT Relating to daily counting of absentee ballots; amending RCW 29.62.020.


             Referred to Committee on State Government.

 

HB 2027           by Representatives Kirby, Delvin, Morris, DeBolt and Sullivan


             AN ACT Relating to seizing, shipping, and delivery of cigarettes through internet, telephonic, or other delivery services; adding a new chapter to Title 82 RCW; and prescribing penalties.


             Referred to Committee on Technology, Telecommunications & Energy.

 

HB 2028           by Representatives Schoesler, Schindler, Buck and Mielke


             AN ACT Relating to composition of the joint administrative rules review committee; and amending RCW 34.05.610.


             Referred to Committee on State Government.

 

HB 2029           by Representatives Schoesler, Schindler, Buck, Armstrong and Mielke


             AN ACT Relating to legislative oversight of agency rules; and amending RCW 34.05.570, 34.05.610, 34.05.630, 34.05.640, and 34.05.660.


             Referred to Committee on State Government.

 

HB 2030           by Representatives Kessler, Cairnes, Talcott, McDonald, Schindler, Shabro, Pearson and Holmquist; by request of Governor Locke


             AN ACT Relating to changing requirements regarding state and local tax to provide for municipal business and occupation tax uniformity and fairness; adding new sections to chapter 35.21 RCW; creating new sections; prescribing penalties; and providing an effective date.


             Referred to Committee on Finance.

 

HB 2031           by Representatives Clements, Grant, Chandler, Priest, Ericksen, Boldt, Cox, Armstrong, Delvin, Schindler, Nixon and Mielke


             AN ACT Relating to directing the University of Washington to contract with private entities in the provision of student food services; adding a new section to chapter 28B.20 RCW; adding a new section to chapter 41.06 RCW; providing an effective date; providing expiration dates; and declaring an emergency.


             Referred to Committee on Higher Education.

 

HB 2032           by Representative Linville


             AN ACT Relating to the work plan for instream flow setting through 2010; and adding a new section to chapter 90.54 RCW.


             Referred to Committee on Agriculture & Natural Resources.


             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 13, 2003

HB 1190           Prime Sponsor, Representative Quall: Changing provisions for classified staff in alternative certification programs. Reported by Committee on Education

 

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


             Passed to Committee on Rules for second reading.

February 13, 2003

HB 1193           Prime Sponsor, Representative Quall: Including a classified employee on the Washington professional educator standards board. Reported by Committee on Education

 

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


             Passed to Committee on Rules for second reading.

February 13, 2003

HB 1212           Prime Sponsor, Representative Haigh: Providing for a simple majority of voters voting to authorize school district bonds. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; McDermott, Vice Chairman; Tom, Assistant Ranking Minority Member; Haigh; Hunter; Rockefeller and Santos.

 

MINORITY recommendation: Do not pass. Signed by Representatives Talcott, Ranking Minority Member; Anderson; Cox and McMahan.


             Referred to Committee on Capital Budget.

February 13, 2003

HB 1229           Prime Sponsor, Representative Quall: Authorizing teachers' cottages in second class school districts. Reported by Committee on Education

 

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


             Passed to Committee on Rules for second reading.

February 13, 2003

HB 1363           Prime Sponsor, Representative McDermott: 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: Do pass. Signed by Representatives Quall, Chairman; McDermott, Vice Chairman; Talcott, Ranking Minority Member; Tom, Assistant Ranking Minority Member; Anderson; Cox; Haigh; Hunter; McMahan; Rockefeller and Santos.


             Passed to Committee on Rules for second reading.

February 13, 2003

HB 1487           Prime Sponsor, Representative Haigh: Providing courses of study options in public high schools. Reported by Committee on Education

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Quall, Chairman; McDermott, Vice Chairman; Talcott, Ranking Minority Member; Tom, Assistant Ranking Minority Member; Cox; Haigh; Hunter; McMahan; Rockefeller and Santos.


             Referred to Committee on Appropriations.

February 13, 2003

HJR 4203          Prime Sponsor, Representative Haigh: Amending the Constitution to provide for a simple majority of voters voting to authorize a school district bond measure. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; McDermott, Vice Chairman; Tom, Assistant Ranking Minority Member; Haigh; Hunter; Rockefeller and Santos.

 

MINORITY recommendation: Do not pass. Signed by Representatives Talcott, Ranking Minority Member; Anderson; Cox and McMahan.


             Referred to Committee on Capital Budget.

February 13, 2003

HJR 4204          Prime Sponsor, Representative Haigh: Amending the Constitution to provide for a simple majority of voters voting to authorize a school levy. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; McDermott, Vice Chairman; Talcott, Ranking Minority Member; Tom, Assistant Ranking Minority Member; Haigh; Hunter; Rockefeller and Santos.

 

MINORITY recommendation: Do not pass. Signed by Representatives Anderson; Cox and McMahan.


             Passed to Committee on Rules for second reading.


             There being no objection, the bills and resolutions 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. 1148, By Representatives Dickerson, Delvin and O'Brien


             Adopting the revised interstate compact for juveniles.


             The bill was read the second time.


             There being no objection, the committee amendments by the Committee on Juvenile Justice & Family Law were adopted. (For committee amendment, see Journal, 29th Day, February 10, 2003.)


             Representative Carrell moved adoption of amendment (023):


              On page 1, after line 4, insert the following:

              "NEW SECTION. Sec. 1. (1) The legislature declares that: (a) As the elected representative of the people of the state, it is the legislature's responsibility to enact the laws that will govern the citizens of this state; and (b) the legislature's responsibility should not be delegated to representatives who were not elected by Washington citizens. While the legislature has authorized state agencies to promulgate rules, the legislature retains continued oversight over the rule-making process of those agencies.

              (2) The legislature finds, therefore, that it would not be fulfilling its responsibilities to the citizens of this state to enact the Interstate Compact on Juveniles without provisions allowing the legislature to review and adopt as legislation the rules that will be created by the Interstate Commission."


              On page 18, line 19, after "states" insert ", subject to section 2 of this act"


              On page 18, after line 33, insert the following:

              "NEW SECTION. Sec. 2. A new section is added to chapter 13.24 RCW to read as follows:

              The adoption of this act shall not bind the state of Washington to the rules promulgated by the Interstate Commission unless and until the legislature of this state has enacted as legislation the same language provided in such rules."


              Renumber the remaining sections accordingly and correct the title.


             Representative Carrell spoke in favor of the adoption of the amendment.


             Representative Dickerson spoke against the adoption of the amendment.


             An electronic roll call vote was demanded and the demand was sustained.


             There being no objection, Representative Campbell was excused.


             The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (023) to House Bill No. 1148.


ROLL CALL


             The Clerk called the roll on the adoption of amendment (023) to House Bill No. 1148, and the amendment was not adopted by the following vote: Yeas - 44, Nays - 53, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Ericksen, Hinkle, Holmquist, Kagi, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 44.

             Voting nay: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 53.

             Excused: Representative Campbell - 1.


             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 Dickerson, Delvin and Dickerson (again) spoke in favor of passage of the bill.


             Representative Carrell spoke against the 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. 1148.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 1148 and the bill passed the House by the following vote: Yeas - 86, Nays - 11, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, 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, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Pearson, Pettigrew, Pflug, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 86.

             Voting nay: Representatives Boldt, Cairnes, Carrell, Crouse, McMahan, Mielke, Orcutt, Roach, Schindler, Sump and Talcott - 11.

             Excused: Representative Campbell - 1.


             ENGROSSED HOUSE BILL NO. 1148, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1376, By Representatives Romero, Dickerson, Schoesler, Hunt, Linville, Eickmeyer, Lantz, Wallace and Kenney


             Exempting the use of certain water storage facilities from the water code permitting requirements.


             The bill was read the second time.


             With the consent of the House, amendments (020) and (019) were withdrawn.


             Representative Chandler moved the adoption of amendment (018):


              On page 2, beginning on line 10, strike all of subsection (4) and insert the following:

              "(4) This section does not apply to the items and facilities described in RCW 90.03.270(7) or to the use of water from those items and facilities."


              On page 4, line 29, after "(7)" insert "The following are exempt from the reservoir and secondary permit requirements of this chapter:

              (a)"


              On page 4, at the beginning of line 34, strike "(a)" and insert "(i)"


              On page 4, at the beginning of line 36, strike "(b)" and insert "(ii)"


              On page 4, line 36, after "use" insert ";

              (b) Storm water management storage facilities if no beneficial use is made of the captured water; and

              (c) Excavated municipal water reservoirs, water towers, and other similar facilities that are integral to a water supply system's distribution system"


             Representatives Chandler and Schoesler spoke in favor of the adoption of the amendment.


             Representative Linville spoke against the adoption of the amendment.


             An electronic roll call vote was demanded and the demand was sustained.


             The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (018) to House Bill No. 1376.


ROLL CALL


             The Clerk called the roll on the adoption of amendment (018) to House Bill No. 1376, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 50, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Flannigan, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 47.

             Voting nay: Representatives Berkey, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 50.

             Excused: Representative Campbell - 1.


             Representative Linville moved the adoption of amendment (024):


              On page 4, after line 36, insert the following:

              "(8) This section does not apply to facilities to recapture and reuse return flow from irrigation operations serving a single farm under an existing water right as long as the acreage irrigated is not increased beyond the acreage allowed to be irrigated under the water right that applies to the property.

              (9) In addition to the facilities exempted under subsection (8) of this section, this section does not apply to small irrigation impoundments. For purposes of this subsection, "small irrigation impoundments" means surface storage ponds less than ten acre feet in volume used to impound irrigation water under an existing water right where use of the impoundment: (a)(i) Facilitates efficient use of water; or (ii) promotes compliance with an approved recovery plan for endangered or threatened species; and (b) does not expand the number of acres irrigated or the annual consumptive quantity of water used. Water remaining in a small irrigation impoundment at the end of an irrigation season may be carried over for use in the next season; however, the limitations of this subsection (9) apply to such a carry over. Development and use of a small irrigation impoundment does not constitute a change or amendment for purposes of RCW 90.03.380 or 90.44.055.


              Sec. 3. RCW 90.03.380 and 2001 c 237 s 5 are each amended to read as follows:

              (1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That the right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights. The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights. A change in the place of use, point of diversion, and/or purpose of use of a water right to enable irrigation of additional acreage or the addition of new uses may be permitted if such change results in no increase in the annual consumptive quantity of water used under the water right. For purposes of this section, "annual consumptive quantity" means the estimated or actual annual amount of water diverted pursuant to the water right, reduced by the estimated annual amount of return flows, averaged over the two years of greatest use within the most recent five-year period of continuous beneficial use of the water right. Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and the application shall not be granted until notice of the application is published as provided in RCW 90.03.280. If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use. The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.

              (2) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts.

              (3) A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment or injury to existing rights.

              (4) This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.

              (5)(a) Pending applications for new water rights are not entitled to protection from impairment, injury, or detriment when an application relating to an existing surface or ground water right is considered.

              (b) Applications relating to existing surface or ground water rights may be processed and decisions on them rendered independently of processing and rendering decisions on pending applications for new water rights within the same source of supply without regard to the date of filing of the pending applications for new water rights.

              (c) Notwithstanding any other existing authority to process applications, including but not limited to the authority to process applications under WAC 173-152-050 as it existed on January 1, 2001, an application relating to an existing surface or ground water right may be processed ahead of a previously filed application relating to an existing right when sufficient information for a decision on the previously filed application is not available and the applicant for the previously filed application is sent written notice that explains what information is not available and informs the applicant that processing of the next application will begin. The previously filed application does not lose its priority date and if the information is provided by the applicant within sixty days, the previously filed application shall be processed at that time. This subsection (5)(c) does not affect any other existing authority to process applications.

              (d) Nothing in this subsection (5) is intended to stop the processing of applications for new water rights.

              (6) No applicant for a change, transfer, or amendment of a water right may be required to give up any part of the applicant's valid water right or claim to a state agency, the trust water rights program, or to other persons as a condition of processing the application.

              (7) In revising the provisions of this section and adding provisions to this section by chapter 237, Laws of 2001, the legislature does not intend to imply legislative approval or disapproval of any existing administrative policy regarding, or any existing administrative or judicial interpretation of, the provisions of this section not expressly added or revised.

              (8) The development and use of a facility described in RCW 90.03.370(8) or of a small irrigation impoundment, as defined in RCW 90.03.370(9), does not constitute a change or amendment for the purposes of this section.


              Sec. 4. RCW 90.44.100 and 1997 c 316 s 2 are each amended to read as follows:

              (1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of ground water right, the holder of a valid right to withdraw public ground waters may, without losing the holder's priority of right, construct wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or the holder may change the manner or the place of use of the water.

              (2) An amendment to construct replacement or a new additional well or wells at a location outside of the location of the original well or wells or to change the manner or place of use of the water shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application. Such amendment shall be issued by the department only on the conditions that: (a) The additional or replacement well or wells shall tap the same body of public ground water as the original well or wells; (b) where a replacement well or wells is approved, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) where an additional well or wells is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original permit or certificate; and (d) other existing rights shall not be impaired. The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit.

              (3) The construction of a replacement or new additional well or wells at the location of the original well or wells shall be allowed without application to the department for an amendment. However, the following apply to such a replacement or new additional well: (a) The well shall tap the same body of public ground water as the original well or wells; (b) if a replacement well is constructed, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) if a new additional well is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original water use permit or certificate; (d) the construction and use of the well shall not interfere with or impair water rights with an earlier date of priority than the water right or rights for the original well or wells; (e) the replacement or additional well shall be located no closer than the original well to a well it might interfere with; (f) the department may specify an approved manner of construction of the well; and (g) the department shall require a showing of compliance with the conditions of this subsection (3).

              (4) As used in this section, the "location of the original well or wells" is the area described as the point of withdrawal in the original public notice published for the application for the water right for the well.

              (5) The development and use of a facility described in RCW 90.03.370(8) or of a small irrigation impoundment, as defined in RCW 90.03.370(9), does not constitute a change or amendment for the purposes of this section."


              Correct the title.


             Representatives Linville and Schoesler 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 Romero spoke in favor of passage of the bill.


             Representative Chandler spoke against the 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. 1376.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 1376 and the bill passed the House by the following vote: Yeas - 65, Nays - 32, Absent - 0, Excused - 1.

             Voting yea: Representatives Berkey, Blake, Buck, Cairnes, Carrell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Shabro, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 65.

             Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Bush, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Kristiansen, Mastin, McMorris, Mielke, Newhouse, Orcutt, Pearson, Pflug, Schindler, Sehlin, Skinner, Sump and Talcott - 32.

             Excused: Representative Campbell - 1.


             ENGROSSED HOUSE BILL NO. 1376, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1032, By Representatives Veloria, Eickmeyer, Linville, Chase, Hatfield, Fromhold, McCoy, Conway, Kessler, Cody, Jarrett, Murray, Kenney, Schual-Berke, Clibborn, Lovick, Upthegrove and McIntire; by request of Governor Locke


             Providing an ongoing funding source for the community economic revitalization board's financial assistance programs.


             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 Eickmeyer and Skinner 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. 1032.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1032 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, Boldt, Buck, Bush, Cairnes, 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 Campbell - 1.


             HOUSE BILL NO. 1032, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1367, By Representatives Rockefeller, Alexander, Morris, Jarrett, Conway, Murray, Clibborn, Kenney, Wallace, McIntire, Anderson, Upthegrove, Berkey, Campbell, Kagi, McDermott, Darneille, Wood, Hudgins, Simpson and Ruderman


             Authorizing the legislative accountability board to conduct expanded performance reviews.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1367 was substituted for House Bill No. 1367 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1367 was read the second time.


             Representative Rockefeller moved the adoption of amendment (021):


              On page 14, at the beginning of line 19, strike "all" and insert "selected"


              On page 14, line 19, after "departments" strike all material through "commission" on line 23


              On page 15, line 2, after "these" strike "reviews. The performance and outcome measures of each agency or department shall be reviewed not less than every five years." and insert "reviews, which shall be accomplished within a five year period."


              On page 15, line 10, after "reviews" strike "shall" and insert "may"


              On page 15, beginning on line 29, strike all of subsection (f)


              On page 15, beginning on line 33, strike all of subsection (h) through "benefits;" on line 35


              Reletter the subsections accordingly.


             Representatives Rockefeller, Armstrong and Jarrett spoke in favor of the adoption of the amendment.


             The amendment was adopted. The bill was ordered engrossed.


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


             Representatives Rockefeller, Alexander, Fromhold, Haigh, Miloscia and Jarrett spoke in favor of passage of the bill.


MOTION


             On motion of Representative Santos, Representative Schual-Berke was excused.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1367.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1367 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, 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, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 97.

             Excused: Representatives Campbell and Schual-Berke - 1.


             ENGROSSED SUBSTITUTE HOUSE BILL NO. 1367, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1334, By Representatives Haigh, Armstrong, Kristiansen, Tom, Anderson, Shabro, Hatfield, Nixon, Hunt, Roach, Holmquist, Grant, O'Brien, Kagi, Kessler, Upthegrove and Morris


             Requiring cost and benefit assessments early in the rule-making process.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1334 was substituted for House Bill No. 1334 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1334 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 Haigh 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. 1334.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1334 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, 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, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.

             Excused: Representatives Campbell and Schual-Berke - 2.


             SUBSTITUTE HOUSE BILL NO. 1334, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1550, By Representatives Linville, Armstrong, Haigh, Buck, Schual-Berke, McDermott and Conway


             Revising the duties of and renaming the office of permit assistance.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1550 was substituted for House Bill No. 1550 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1550 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 Linville, Armstrong and Haigh 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. 1550.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1550 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, 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, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.

             Excused: Representatives Campbell and Schual-Berke - 2.


             SUBSTITUTE HOUSE BILL NO. 1550, 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 9:55 a.m., February 20, 2003, the 39th Day of the Regular Session.


FRANK CHOPP, Speaker                                                                                  CYNTHIA ZEHNDER, Chief Clerk