NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.

FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

___________________________________________________________________________________________

FORTY FOURTH DAY

___________________________________________________________________________________________

House Chamber, Olympia, Tuesday, February 25, 2003

The House was called to order at 9:55 a.m. by the Speaker (Representative Lovick presiding).

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

INTRODUCTION & FIRST READING

HB 2087 by Representative Benson

AN ACT Relating to the qualification of self-employed individuals or sole proprietors as a small employer; and reenacting and amending RCW 48.43.005.

Referred to Committee on Health Care.

HB 2088 by Representatives Schoesler, Chandler and Linville

AN ACT Relating to storm water rates and charges; and amending RCW 35.67.020, 35.92.020, 36.89.080, 36.94.140, 57.08.005, 57.08.081, 84.33.210, and 86.15.160.

Referred to Committee on Agriculture & Natural Resources.

HB 2089 by Representatives McCoy, Wallace, Morrell, Kenney and Miloscia

AN ACT Relating to tuition waivers at institutions of higher education; amending RCW 28B.15.380 and 28B.15.910; adding a new section to chapter 28B.15 RCW; and repealing RCW 28B.10.265, 28B.15.620, 28B.15.625, 28B.15.628, and 28B.15.629.

Referred to Committee on Higher Education.

HB 2090 by Representatives Clements, Sump and Orcutt

AN ACT Relating to search and rescue dogs; and amending RCW 9.91.170.

Referred to Committee on Criminal Justice & Corrections.

HB 2091 by Representatives Anderson, Lovick and Ahern; by request of Washington State Patrol

AN ACT Relating to traffic citations; and amending RCW 46.64.010.

Referred to Committee on Transportation.

HB 2092 by Representatives Condotta, Bailey, Buck, Talcott, Orcutt, Sehlin, Clements, Boldt, Cox, Jarrett, Priest, Skinner, McMahan and Schindler

AN ACT Relating to tuition for students deployed to the Persian Gulf geographic region; amending RCW 28B.15.600, 28B.15.625, 28B.15.628, and 28B.10.017; adding a new section to chapter 28B.15 RCW; and declaring an emergency.

Referred to Committee on Higher Education.

HB 2093 by Representative McDermott

AN ACT Relating to exempting certain home care quality authority records from public inspection; and reenacting and amending RCW 42.17.310.

Referred to Committee on State Government.

HB 2094 by Representatives Holmquist, O'Brien, Hinkle, Darneille, Lovick and Ahern

AN ACT Relating to detaining a person for the purpose of allowing a law enforcement investigation; adding a new section to chapter 9A.16 RCW; and adding a new section to chapter 4.24 RCW.

Referred to Committee on Judiciary.

HB 2095 by Representative Romero

AN ACT Relating to industrial insurance benefits for the surviving beneficiaries of workers whose deaths occurred before 1988; and amending RCW 51.32.050.

Referred to Committee on Commerce & Labor.

HB 2096 by Representatives Sullivan, Hinkle, Cooper, Wood, Conway, Armstrong and Kristiansen

AN ACT Relating to franchise agreements between motorsports vehicle dealers and manufacturers; adding a new chapter to Title 46 RCW; and repealing RCW 46.94.001, 46.94.005, 46.94.010, 46.94.020, 46.94.030, 46.94.040, 46.94.050, 46.94.060, and 46.94.900.

Referred to Committee on Commerce & Labor.

HB 2097 by Representatives Murray and Rockefeller

AN ACT Relating to the exercise of sound business practices to enhance revenues for Washington State Ferries; and amending RCW 47.60.135, 47.60.140, 47.60.150, 47.60.326, and 47.60.330.

Referred to Committee on Transportation.

HB 2098 by Representatives Grant, Jarrett, O'Brien, Chase, McIntire, Hankins, Santos and Shabro

AN ACT Relating to providing financial assistance to counties and cities; amending RCW 35.21.870, 35.58.560, 84.52.043, 84.52.065, and 29.30.111; reenacting and amending RCW 84.52.010; adding a new section to chapter 36.01 RCW; adding a new section to chapter 82.14 RCW; adding a new section to chapter 84.52 RCW; adding a new chapter to Title 36 RCW; creating new sections; making an appropriation; and declaring an emergency.

Referred to Committee on Finance.

HB 2099 by Representatives Kagi, Jarrett, Romero, O'Brien, Lantz, Cooper and Upthegrove

AN ACT Relating to lead shot; and amending RCW 77.12.047.

Referred to Committee on Fisheries, Ecology & Parks.

HB 2100 by Representatives Romero, Veloria and Wallace; by request of Washington State Patrol

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

Referred to Committee on Local Government.

HB 2101 by Representatives Kenney, Berkey, Jarrett, Tom, Pettigrew and Hudgins

AN ACT Relating to developing a P-16 governance structure for preschool through postsecondary education for the benefit of all learners; and creating a new section.

Referred to Committee on Education.

HB 2102 by Representatives Hunt, Linville and Romero

AN ACT Relating to private owners of public water systems not regulated as public utilities; amending RCW 90.03.040; and adding a new chapter to Title 19 RCW.

Referred to Committee on Agriculture & Natural Resources.

HB 2103 by Representatives Hunt, Haigh, Miloscia and Berkey

AN ACT Relating to tabulation of ballots; and amending RCW 29.36.310, 29.54.015, 29.54.018, 29.54.085, and 29.54.097.

Referred to Committee on State Government.

HB 2104 by Representatives Grant, Linville and Eickmeyer

AN ACT Relating to agricultural use of water; and amending RCW 90.03.380.

Referred to Committee on Agriculture & Natural Resources.

HB 2105 by Representatives Kagi and Darneille

AN ACT Relating to ensuring that offender populations do not exceed prison capacity; amending RCW 9.94A.728; reenacting and amending RCW 9.94A.728; adding new sections to chapter 43.88C RCW; adding new sections to chapter 9.94A RCW; creating a new section; providing an effective date; and providing an expiration date.

Referred to Committee on Criminal Justice & Corrections.

HB 2106 by Representatives Linville, McCoy, Eickmeyer, McDermott and Grant

AN ACT Relating to fundamentals for use and management of waters of the state; and amending RCW 90.54.020.

Referred to Committee on Agriculture & Natural Resources.

HB 2107 by Representatives Hinkle, Schindler, Ahern, Cox, Condotta, Anderson, Boldt, Pearson, Woods, Talcott, Schoesler, Clements, McMahan, Bush, Skinner, Chandler, Ericksen, Delvin, Armstrong, Kristiansen and Bailey

AN ACT Relating to restoring the American dream by providing a tax exemption for property that has declined in value due to shoreline or growth management regulation; adding a new section to chapter 84.36 RCW; and creating a new section.

Referred to Committee on Finance.

HB 2108 by Representatives Schindler, Hinkle, Ahern, Condotta, Armstrong, Cox, Woods, Boldt, Clements, Schoesler, Talcott, Bush, Skinner, McMahan, Ericksen, Delvin, Buck and Bailey

AN ACT Relating to restoring the American Dream by eliminating impact fees in counties and cities in counties where the first time home buyer housing affordability index shows that housing is not affordable; amending RCW 82.02.100; adding new sections to chapter 82.02 RCW; and creating a new section.

Referred to Committee on Local Government.

HB 2109 by Representatives Condotta, Schindler, Hinkle, Armstrong, Cox, Clements, Woods, Schoesler, Delvin, Ahern, Talcott, Bush, Skinner, McMahan, Chandler, Buck and Bailey

AN ACT Relating to restoring the American dream by allowing single-family residential development outside urban growth areas in counties where the first-time home buyers housing affordability index shows that housing is not affordable; adding new sections to chapter 36.70A RCW; and creating a new section.

Referred to Committee on Local Government.

HB 2110 by Representatives McDonald, Schindler, Hinkle, Condotta, Cox, Woods, Armstrong, Boldt, Delvin, Schoesler, Talcott, Clements, McMahan, Ahern, Skinner, Chandler, Ericksen, Buck, Kristiansen and Bailey

AN ACT Relating to restoring the American dream by eliminating the state sales tax on construction labor and services in counties where the first-time home buyers housing affordability index shows that housing is not affordable; adding a new section to chapter 82.08 RCW; and creating a new section.

Referred to Committee on Local Government.

HB 2111 by Representatives Priest, Jarrett and Cox

AN ACT Relating to performance contracts between the state and institutions of higher education; amending RCW 28B.50.090; adding a new section to chapter 28B.80 RCW; and creating new sections.

Referred to Committee on Higher Education.

HB 2112 by Representatives Haigh, Miloscia and Eickmeyer

AN ACT Relating to alternative public works contracting procedures; amending RCW 39.10.902; adding a new section to chapter 39.10 RCW; and creating a new section.

Referred to Committee on State Government.

HB 2113 by Representatives Morrell, Cox, Kenney, Fromhold, Jarrett, Chase, Priest, McCoy and Buck

AN ACT Relating to refunds of federal financial aid to students who withdraw from institutions of higher education before the end of a quarter or semester; and amending RCW 28B.15.600.

Referred to Committee on Higher Education.

HB 2114 by Representatives Kagi and Dickerson

AN ACT Relating to the funding of family preservation and intervention services; adding new sections to chapter 74.13 RCW; creating a new section; and making an appropriation.

Referred to Committee on Children & Family Services.

HB 2115 by Representative Simpson

AN ACT Relating to motor vehicle dealers; adding a new section to chapter 46.70 RCW; and prescribing penalties.

Referred to Committee on Transportation.

HB 2116 by Representatives Grant and Linville

AN ACT Relating to the use of water for stock-watering purposes; and amending RCW 90.44.050.

Referred to Committee on Agriculture & Natural Resources.

HB 2117 by Representatives McDermott and Cody

AN ACT Relating to passenger-only ferry service; adding a new section to chapter 47.60 RCW; and declaring an emergency.

Referred to Committee on Transportation.

HB 2118 by Representatives Newhouse and Sullivan

AN ACT Relating to the marketing of microbrew beer at farmers markets; and amending RCW 66.24.244.

Referred to Committee on Commerce & Labor.

HB 2119 by Representatives Linville, Morris, Romero, Kagi, Kirby, Edwards, Wallace, Chase, Cooper, Hunt and Upthegrove

AN ACT Relating to voluntary registration of greenhouse gas emissions; and adding a new chapter to Title 70 RCW.

Referred to Committee on Technology, Telecommunications & Energy.

HJR 4212 by Representatives Pettigrew, Romero, Haigh, Dunshee, Cooper and Flannigan

Amending Article II, section 40 of the state Constitution.

Referred to Committee on Transportation.

SSB 5063 by Senate Committee on Government Operations & Elections (originally sponsored by Senators Doumit, Zarelli and Rasmussen)

AN ACT Relating to flood control zone districts; amending RCW 86.15.050; providing an effective date; and declaring an emergency.

Referred to Committee on Local Government.

SB 5093 by Senators Spanel, Carlson, Fraser, B. Sheldon, Kohl-Welles, Haugen and Rasmussen; by request of Joint Committee on Pension Policy

AN ACT Relating to allowing members of the teachers' retirement system, the school employees' retirement system, and the public employees' retirement system to begin receiving benefits without leaving service at age seventy and one-half; adding a new section to chapter 41.32 RCW; adding a new section to chapter 41.35 RCW; and adding a new section to chapter 41.40 RCW.

Referred to Committee on Appropriations.

SB 5100 by Senators Fraser, Carlson, Winsley, Spanel, Parlette and Rasmussen; by request of Joint Committee on Pension Policy

AN ACT Relating to paying survivor benefits in accordance with Title 26 U.S.C. Sec. 101(h) as amended by the Fallen Hero Survivor Benefit Fairness Act of 2001; and adding a new section to chapter 41.04 RCW.

Referred to Committee on Appropriations.

SB 5122 by Senators Johnson, Kline and Esser

AN ACT Relating to trademark registration; amending RCW 19.77.010, 19.77.020, 19.77.050, 19.77.140, 19.77.150, and 19.77.160; adding a new section to chapter 19.77 RCW; and repealing RCW 19.77.110.

Referred to Committee on Judiciary.

SB 5176 by Senators Roach and Doumit

AN ACT Relating to providing wildland fire fighting training; and reenacting and amending RCW 43.43.934.

Referred to Committee on State Government.

SB 5180 by Senators Hewitt, B. Sheldon, Hale, Benton, Rasmussen and Shin; by request of Lieutenant Governor

AN ACT Relating to modifying the name of the legislative committee on economic development; and amending RCW 44.52.010.

Referred to Committee on Trade & Economic Development.

SSB 5265 by Senate Committee on Commerce & Trade (originally sponsored by Senators Thibaudeau, Honeyford, Jacobsen, Kohl-Welles, Johnson, Kline, McAuliffe, Rasmussen, Regala, B. Sheldon, Spanel, Winsley and Kastama)

AN ACT Relating to the marketing of bottled wine at farmers markets; and amending RCW 66.24.170.

Referred to Committee on Commerce & Labor.

SSB 5290 by Senate Committee on Commerce & Trade (originally sponsored by Senators West, Rasmussen, Hale and Winsley; by request of Horse Racing Commission)

AN ACT Relating to authorizing continued receipt of criminal history information by the horse racing commission; repealing 2000 c 204 s 2 (uncodified); and declaring an emergency.

Referred to Committee on Commerce & Labor.

ESB 5389 by Senators Benton, Prentice, Winsley, Reardon, Roach, Shin, Zarelli, Regala and T. Sheldon

AN ACT Relating to clean and sober housing; amending RCW 59.18.290; adding a new section to chapter 59.18 RCW; and prescribing penalties.

Referred to Committee on Judiciary.

There being no objection, the bills and resolution 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 21, 2003

HB 1003 Prime Sponsor, Representative Morris: Creating the research and technology transfer commission. Reported by Committee on Technology, Telecommunications & Energy

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Morris, Chairman; Ruderman, Vice Chairman; Crouse, Ranking Minority Member; Anderson; Blake; DeBolt; Hudgins; Kirby; Romero; Sullivan and Wallace.

MINORITY recommendation: Do not pass. Signed by Representatives Nixon, Assistant Ranking Minority Member; Bush; Delvin; McMahan; Tom and Wood.

Referred to Committee on Appropriations.

February 20, 2003

HB 1074 Prime Sponsor, Representative Bush: Allowing release of impounded vehicles to owners. Reported by Committee on Transportation

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Jarrett, Assistant Ranking Minority Member; Anderson; Armstrong; Bailey; Campbell; Clibborn; Cooper; Dickerson; Flannigan; Hankins; Hatfield; Hudgins; Kristiansen; Lovick; Mielke; Morris; Nixon; Romero; Schindler; Shabro; Simpson; Sullivan; Wallace; Wood and Woods.

Passed to Committee on Rules for second reading.

February 21, 2003

HB 1099 Prime Sponsor, Representative O'Brien: Prohibiting secure community transition facilities from being sited near public and private youth camps. Reported by Committee on Criminal Justice & Corrections

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

Passed to Committee on Rules for second reading.

February 21, 2003

HB 1106 Prime Sponsor, Representative Bush: Authorizing the secretary of state to observe county election facilities. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; McDermott; Nixon; Tom and Wallace.

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

Passed to Committee on Rules for second reading.

February 20, 2003

HB 1127 Prime Sponsor, Representative Hatfield: Concerning the direct retail sale of sturgeon and tuna. 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; Sump, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Buck; Hatfield; O'Brien; Pearson and Upthegrove.

Passed to Committee on Rules for second reading.

February 21, 2003

HB 1210 Prime Sponsor, Representative O'Brien: Enacting the Washington Antiterrorism Act of 2003. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Lovick and Pearson.

MINORITY recommendation: Do not pass. Signed by Representatives Darneille, Vice Chairman;

Passed to Committee on Rules for second reading.

February 21, 2003

HB 1218 Prime Sponsor, Representative Lovick: Creating a building mapping information system. Reported by Committee on State Government

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.

Passed to Committee on Rules for second reading.

February 21, 2003

HB 1222 Prime Sponsor, Representative Dickerson: Requiring voting devices to be accessible to individuals with disabilities. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

February 21, 2003

HB 1228 Prime Sponsor, Representative Haigh: Extending the use of veterans' scoring criteria in employment examinations. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.

Passed to Committee on Rules for second reading.

February 20, 2003

HB 1239 Prime Sponsor, Representative Cooper: Concerning the commercial harvest of geoduck clams. Reported by Committee on Fisheries, Ecology & Parks

Passed to Committee on Rules for second reading.

February 21, 2003

HB 1394 Prime Sponsor, Representative Kagi: Changing threshold property values for crimes against property. Reported by Committee on Criminal Justice & Corrections

Referred to Committee on Appropriations.

February 21, 2003

HB 1444 Prime Sponsor, Representative Haigh: Protecting proprietary or confidential information acquired through state health services purchasing. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

February 20, 2003

HB 1463 Prime Sponsor, Representative Sullivan: Allowing advertising on bus shelters. Reported by Committee on Transportation

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Jarrett, Assistant Ranking Minority Member; Anderson; Armstrong; Bailey; Campbell; Clibborn; Cooper; Dickerson; Flannigan; Hankins; Hatfield; Kristiansen; Lovick; Mielke; Morris; Nixon; Schindler; Shabro; Simpson; Sullivan; Wallace; Wood and Woods.

MINORITY recommendation: Do not pass. Signed by Representatives Hudgins and Romero.

Passed to Committee on Rules for second reading.

February 21, 2003

HB 1473 Prime Sponsor, Representative Hudgins: Specifying when vacancies in certain county offices may be filled. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

February 21, 2003

HB 1488 Prime Sponsor, Representative Miloscia: Requiring quality management programs for state agencies. Reported by Committee on State Government

Referred to Committee on Appropriations.

February 21, 2003

HB 1497 Prime Sponsor, Representative O'Brien: Reorganizing criminal statutes within the RCW. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Lovick and Pearson.

Passed to Committee on Rules for second reading.

February 21, 2003

HB 1569 Prime Sponsor, Representative Armstrong: Excluding certain information supplied by a bidder on a public bid from public disclosure. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

February 21, 2003

HB 1579 Prime Sponsor, Representative O'Brien: Decriminalizing "fine only" criminal statutes. Reported by Committee on Criminal Justice & Corrections

Passed to Committee on Rules for second reading.

February 20, 2003

HB 1592 Prime Sponsor, Representative Simpson: Regulating special license plates. Reported by Committee on Transportation

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Jarrett, Assistant Ranking Minority Member; Campbell; Cooper; Dickerson; Flannigan; Hankins; Hudgins; Lovick; Morris; Nixon; Romero; Simpson; Sullivan; Wallace; Wood and Woods.

MINORITY recommendation: Do not pass. Signed by Representatives Anderson; Armstrong; Bailey; Kristiansen; Schindler and Shabro.

Passed to Committee on Rules for second reading.

February 21, 2003

HB 1609 Prime Sponsor, Representative O'Brien: Requiring a plan to establish pilot regional correctional facilities. Reported by Committee on Criminal Justice & Corrections

Passed to Committee on Rules for second reading.

February 21, 2003

HB 1669 Prime Sponsor, Representative Haigh: Phasing-in state payment for even-year elections. Reported by Committee on State Government

Referred to Committee on Appropriations.

February 20, 2003

HB 1725 Prime Sponsor, Representative Cooper: Concerning the cost of a catch record card. Reported by Committee on Fisheries, Ecology & Parks

Referred to Committee on Appropriations.

February 21, 2003

HJM 4010 Prime Sponsor, Representative Haigh: Requesting that veterans receive concurrent retirement and disability payments. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

February 21, 2003

HJR 4206 Prime Sponsor, Representative Hudgins: Amending the Constitution to provide for vacancies that occur after the general election. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

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

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

There being no objection, the Committee on Education was relieved of further consideration of HOUSE BILL NO. 1986, and the bill was referred to the Committee on Higher Education.

There being no objection, the Committee on Health Care was relieved of further consideration of HOUSE BILL NO. 2014, and the bill was referred to the Committee on Financial Institutions & Insurance.

There being no objection, the Committee on Health Care was relieved of further consideration of HOUSE BILL NO. 2070, and the bill was referred to the Committee on Finance.

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 26, 2003, the 45^th Day of the Regular Session.

FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk