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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION
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FORTY FIFTH DAY
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House Chamber, Olympia, Wednesday, February 26, 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 Kyle Kristiansen and Tessa Hanson. Prayer was offered by Rabbi Interim Ritual Leader Amy Loewenthal, Temple Beth Hatfiloh, Olympia.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
RESOLUTION
HOUSE RESOLUTION NO. 2003-4631, By Representatives Pflug, Murray, Sommers and Woods
WHEREAS, The State of Washington has neighborhoods as varied and unique as the gorgeous coastal landscape and offers many great places to live; and
WHEREAS, Half an hour to the east of Seattle is the Snoqualmie Valley, nestled in the foothills of the Cascade Mountains; and
WHEREAS, The small towns in the Valley - Snoqualmie, North Bend, Preston, and Fall City - are in a geographic sweet spot, just as close to Seattle as they are to the ski slopes; and
WHEREAS, New home construction is burgeoning, but the area retains a rural feel with elk and golf courses, a place where people can relax in what Washington living used to be about; and
WHEREAS, The neighboring communities of Fremont and Ballard lie on the north side of Seattle; and
WHEREAS, Fremont is Seattle's acknowledged hip and cool spot, the kind of place where you meet people named Sunshine; and
WHEREAS, Fremont's rich stock of old industrial buildings means apartments and condos predominate with prices running from $175,000 to $300,000; and
WHEREAS, Next door in Ballard you'll find more houses with verdant backyards in a city shaped by hills, with homes ranging from fishermen's bungalows to new, larger constructions; and
WHEREAS, Originally a Scandinavian settlement, Ballard lies on a relatively gentle slope that opens it to sun almost all the time, a big advantage in the damp Pacific Northwest; and
WHEREAS, Ballard boasts some of the most active locks in the United States, with watching the boats a happening every day; and
WHEREAS, For those who prefer their commute by ferry, the other side of Puget Sound is the ticket with Bainbridge Island the classic off-the-mainland bedroom community; and
WHEREAS, Other close-in waterfront suburbs have even more commuters from Seattle taking the 40-minute cruise to Bremerton and the nearby communities of Silverdale and Poulsbo; and
WHEREAS, Bremerton, a Navy town, has become known as a good place to raise children with the school system rapidly improving, and homes ranging from ranches to view-stealing mansions averaging about a third less than similar spreads in Seattle itself;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of Washington State join with Money Magazine to recognize these outstanding neighborhood communities, each exemplifying a different aspect of Washington State's gorgeous coastal living, and the local community leaders who have helped shape the unique character and quality of life enjoyed by all those who live, work, and play there.
HOUSE RESOLUTION NO. 4631 was adopted.
The Speaker assumed the chair.
INTRODUCTION & FIRST READING
HB 2120 by Representative Cooper
AN ACT Relating to the definition of a covered vessel; and amending RCW 88.40.011 and 88.46.010.
Referred to Committee on Fisheries, Ecology & Parks.
HB 2121 by Representative Simpson
AN ACT Relating to modifying goals for the planning, operation, and performance of and investment in the state transportation system; and amending RCW 47.01.012.
Referred to Committee on Transportation.
HB 2122 by Representatives Schual-Berke, Benson, Cody, Campbell and Kenney
AN ACT Relating to simplifying administrative procedures for state-purchased health care programs; and creating new sections.
Referred to Committee on Health Care.
HB 2123 by Representatives Kagi, Sommers, Haigh, Chase, Kenney and Edwards
AN ACT Relating to requiring support payments for a child with a developmental disability in out-of-home care; amending RCW 13.34.160, 13.34.270, 74.13.031, 74.13.350, and 74.20A.030; providing an effective date; and declaring an emergency.
Referred to Committee on Children & Family Services.
HB 2124 by Representatives Quall, Talcott, McDermott, Tom, Haigh, Cox, Rockefeller, Hunter, Santos, Edwards and Anderson
AN ACT Relating to high school graduation requirements; amending RCW 28A.230.090, 28A.655.030, 28A.655.060, and 28A.655.070; adding a new section to chapter 28A.655 RCW; creating a new section; and declaring an emergency.
Referred to Committee on Education.
HB 2125 by Representatives McIntire and Edwards
AN ACT Relating to minors' access to shipments and sales of tobacco products; amending RCW 70.155.010, 70.155.030, and 70.155.040; adding new sections to chapter 70.155 RCW; and prescribing penalties.
Referred to Committee on Health Care.
HB 2126 by Representative Campbell
AN ACT Relating to in-home long-term care services liability; and amending RCW 4.22.070, 74.39A.095, and 74.39A.270.
Referred to Committee on Judiciary.
HB 2127 by Representatives Wallace, Mielke and Hatfield
AN ACT Relating to the number of voters in a precinct; and amending RCW 29.04.040.
Referred to Committee on State Government.
HB 2128 by Representatives Wallace and Hatfield
AN ACT Relating to precinct committee officers; and amending RCW 29.42.040 and 29.42.050.
Referred to Committee on State Government.
HB 2129 by Representatives Sommers, Haigh, Anderson, Hunter, Tom, McDermott, Talcott and Nixon
AN ACT Relating to filing reports electronically to the legislature; and adding a new section to chapter 43.01 RCW.
Referred to Committee on State Government.
HB 2130 by Representatives Morris, Delvin, Sullivan, Chandler, Wallace and Anderson
AN ACT Relating to reducing the duplication of electric facilities; and amending RCW 80.32.010.
Referred to Committee on Technology, Telecommunications & Energy.
HB 2131 by Representatives Grant, Chandler, Upthegrove, Clements, Cooper, Armstrong and Morris
AN ACT Relating to retail sales by the liquor control board fully implementing a retail business plan; amending RCW 66.08.030 and 66.08.060; adding new sections to chapter 66.08 RCW; creating a new section; and repealing RCW 66.16.080.
Referred to Committee on Commerce & Labor.
HB 2132 by Representatives Kenney, Schual-Berke, Santos and McDermott
AN ACT Relating to public building or construction contracts; amending RCW 48.30.270; reenacting and amending RCW 48.30.270; providing an effective date; and providing an expiration date.
Referred to Committee on Financial Institutions & Insurance.
HB 2133 by Representatives Woods, Mielke and Campbell
AN ACT Relating to the use of original equipment manufacturer crash parts for repair of motor vehicles; and adding a new section to chapter 48.30 RCW.
Referred to Committee on Financial Institutions & Insurance.
HB 2134 by Representatives Woods, Cooper and Cairnes
AN ACT Relating to the state board for volunteer fire fighters and reserve officers; creating a new section; and providing an expiration date.
Referred to Committee on Local Government.
HB 2135 by Representatives Morrell, Lantz, O'Brien, Darneille, Flannigan, Bush, Morris, Simpson, McDonald, McCoy, Cody, Skinner, Campbell, Santos and Kenney
AN ACT Relating to property tax exemptions for persons confined in adult family homes and certain boarding homes; amending RCW 84.36.381 and 84.36.383; and creating a new section.
Referred to Committee on Finance.
HB 2136 by Representatives Armstrong, Sump, Condotta and Schindler
AN ACT Relating to providing for rural economic vitality by providing new limited areas of more intense rural development; amending RCW 36.70A.360; reenacting and amending RCW 36.70A.070; and creating a new section.
Referred to Committee on Local Government.
HB 2137 by Representative Armstrong
AN ACT Relating to government security; and amending RCW 42.30.110.
Referred to Committee on State Government.
HB 2138 by Representatives Cooper, McIntire and Campbell
AN ACT Relating to rate filing requirements for casualty insurance; amending RCW 48.19.043; adding a new section to chapter 48.19 RCW; and creating a new section.
Referred to Committee on Financial Institutions & Insurance.
HB 2139 by Representatives Linville, Hinkle, Morris, Sump and Pearson
AN ACT Relating to excise tax deductions for governmental payments to nonprofit organizations for salmon restoration; adding a new section to chapter 82.04 RCW; creating a new section; and declaring an emergency.
Referred to Committee on Finance.
HB 2140 by Representatives Grant and Linville
AN ACT Relating to reaffirming the role of the state conservation commission; amending RCW 89.08.030, 89.08.040, 89.08.050, 89.08.060, 89.08.070, 89.08.450, 89.08.460, 89.08.470, 89.08.480, 89.08.490, 89.08.500, 89.08.510, 89.08.520, 89.08.530, 89.08.540, 89.08.010, 89.08.020, 89.08.080, 89.08.090, 89.08.100, 89.08.110, 89.08.120, 89.08.130, 89.08.140, 89.08.150, 89.08.160, 89.08.170, 89.08.180, 89.08.185, 89.08.190, 89.08.200, 89.08.210, 89.08.215, 89.08.220, 89.08.341, 89.08.350, 89.08.360, 89.08.370, 89.08.390, 89.08.391, 89.08.400, 89.08.410, 89.08.440, 35.63.230, 35A.63.250, 36.70.992, 36.70A.460, 43.21C.0382, 43.30.410, 77.55.210, 90.48.430, 90.58.515, and 90.71.020; adding new sections to chapter 89.08 RCW; adding a new chapter to Title 43 RCW; creating a new section; and recodifying 89.08.030, 89.08.040, 89.08.050, 89.08.060, 89.08.070, 89.08.450, 89.08.460, 89.08.470, 89.08.480, 89.08.490, 89.08.500, 89.08.510, 89.08.520, 89.08.530, and 89.08.540.
Referred to Committee on Agriculture & Natural Resources.
HB 2141 by Representatives McDermott, O'Brien, Kessler, Schual-Berke, Murray, Lovick, Cody, Darneille, Mastin, McCoy, Simpson and Santos
AN ACT Relating to sentencing of hate crimes; and amending RCW 9.94A.535.
Referred to Committee on Criminal Justice & Corrections.
HB 2142 by Representatives Conway, Upthegrove, Campbell, Cooper, McCoy, Dunshee, Hudgins, Simpson, Santos, Kenney, Cody and Berkey
AN ACT Relating to protecting taxpayers and shareholders from expatriate corporations; and adding a new section to chapter 43.19 RCW.
Referred to Committee on State Government.
HB 2143 by Representatives Upthegrove, Morrell and McCoy
AN ACT Relating to small trailer license fees and trip permits; amending RCW 46.16.0621 and 46.63.020; adding new sections to chapter 46.16 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Transportation.
HB 2144 by Representatives Schindler, Darneille, Boldt, Campbell, Dickerson, Hankins, Skinner, Wood, Benson, Crouse, Pearson, Santos and Edwards
AN ACT Relating to allowing eviction of a tenant who engages in acts of domestic violence; and amending RCW 59.18.130 and 59.18.180.
Referred to Committee on Judiciary.
HB 2145 by Representatives Kenney, Conway and Darneille
AN ACT Relating to the nursing care quality assurance commission; and amending RCW 18.79.070.
Referred to Committee on Health Care.
HB 2146 by Representatives Tom, Sullivan and Eickmeyer
AN ACT Relating to tax incentives for wood biomass fuel production, distribution, and retail sale; amending RCW 82.29A.135 and 82.04.260; adding a new section to chapter 84.36 RCW; 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; adding a new chapter to Title 82 RCW; creating new sections; providing effective dates; providing expiration dates; and declaring an emergency.
Referred to Committee on Technology, Telecommunications & Energy.
HB 2147 by Representatives McDermott, Upthegrove, Cox, Quall and Rockefeller
AN ACT Relating to preschool and elementary school students assisting in school kitchens; and adding a new section to chapter 28A.235 RCW.
Referred to Committee on Education.
HB 2148 by Representative Condotta
AN ACT Relating to monetary offerings for revenue enhancement; adding a new section to chapter 43.79 RCW; creating a new section; and declaring an emergency.
Referred to Committee on Appropriations.
HB 2149 by Representative Condotta
AN ACT Relating to limiting government-imposed charges on motor vehicles; amending RCW 46.16.0621, 46.16.070, 82.80.020, 81.104.160, 82.80.070, and 82.80.090; and creating a new section.
Referred to Committee on Transportation.
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 24, 2003
HB 1136 Prime Sponsor, Representative Flannigan: Concerning distributions from the outdoor recreation account. Reported by Committee on Capital Budget
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dunshee, Chairman; Hunt, Vice Chairman; Alexander, Ranking Minority Member; Priest, Assistant Ranking Minority Member; Armstrong; Benson; Blake; Bush; Chase; Flannigan; Hankins; Hinkle; Kirby; Lantz; Mastin; McIntire; Morrell; Murray; Newhouse; O'Brien; Orcutt; Schoesler; Simpson and Woods.
Passed to Committee on Rules for second reading.
February 24, 2003
HB 1533 Prime Sponsor, Representative Schoesler: Authorizing a new subaccount in the public works assistance account. Reported by Committee on Capital Budget
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dunshee, Chairman; Hunt, Vice Chairman; Alexander, Ranking Minority Member; Priest, Assistant Ranking Minority Member; Armstrong; Benson; Blake; Bush; Chase; Flannigan; Hankins; Hinkle; Kirby; Lantz; Mastin; McIntire; Morrell; Murray; Newhouse; O'Brien; Orcutt; Schoesler; Simpson and Woods.
Passed to Committee on Rules for second reading.
February 24, 2003
HB 1564 Prime Sponsor, Representative Alexander: Clarifying county treasurer fiscal provisions. Reported by Committee on Local Government
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Romero, Chairman; Upthegrove, Vice Chairman; Schindler, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Ahern; Berkey; Clibborn; Edwards; Ericksen; Mielke and Moeller.
Passed to Committee on Rules for second reading.
February 24, 2003
HB 1575 Prime Sponsor, Representative Conway: Expanding membership of the electrical board by appointment of one outside line worker. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Crouse; Hudgins; Kenney and McCoy.
MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Condotta, Assistant Ranking Minority Member; Holmquist.
Passed to Committee on Rules for second reading.
February 24, 2003
HB 1692 Prime Sponsor, Representative Sullivan: Changing provisions relating to protection of local government whistleblowers. Reported by Committee on Local Government
MAJORITY recommendation: Do pass. Signed by Representatives Romero, Chairman; Upthegrove, Vice Chairman; Schindler, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Ahern; Berkey; Clibborn; Ericksen; Mielke and Moeller.
Passed to Committee on Rules for second reading.
February 21, 2003
HB 1742 Prime Sponsor, Representative Rockefeller: Including sports and recreation facilities in public facilities districts' authority. Reported by Committee on Trade & Economic Development
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Veloria, Chairman; Eickmeyer, Vice Chairman; Skinner, Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Blake; Chase; McCoy; Pettigrew and Priest.
MINORITY recommendation: Do not pass. Signed by Representatives Condotta and Kristiansen.
Passed to Committee on Rules for second reading.
February 24, 2003
HB 1782 Prime Sponsor, Representative McCoy: Creating a competitive grant program for nonprofit youth organizations. Reported by Committee on Capital Budget
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dunshee, Chairman; Hunt, Vice Chairman; Alexander, Ranking Minority Member; Priest, Assistant Ranking Minority Member; Armstrong; Benson; Blake; Bush; Chase; Flannigan; Hankins; Hinkle; Kirby; Lantz; Mastin; McIntire; Morrell; Murray; Newhouse; O'Brien; Orcutt; Schoesler; Simpson and Woods.
Passed to Committee on Rules for second reading.
February 21, 2003
HB 1786 Prime Sponsor, Representative Veloria: Modifying mobile home landlord-tenant provisions. Reported by Committee on Trade & Economic Development
MAJORITY recommendation: Do pass. Signed by Representatives Veloria, Chairman; Eickmeyer, Vice Chairman; Skinner, Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Blake; Chase; Condotta; Kristiansen; McCoy; Pettigrew and Priest.
Passed to Committee on Rules for second reading.
February 21, 2003
HJM 4011 Prime Sponsor, Representative Veloria: Requesting the state investment board to develop policies to invest more funds in Washington firms. Reported by Committee on Trade & Economic Development
MAJORITY recommendation: Do pass. Signed by Representatives Veloria, Chairman; Eickmeyer, Vice Chairman; Skinner, Ranking Minority Member; Blake; Chase; McCoy and Pettigrew.
MINORITY recommendation: Do not pass. Signed by Representatives McDonald, Assistant Ranking Minority Member; Condotta; Kristiansen and Priest.
Passed to Committee on Rules for second reading.
There being no objection, the bills and memorial 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. 1002, By Representatives Hunt, Berkey, Cooper, Romero, Linville, Chase, Kagi, Wood, Simpson, Morrell, Rockefeller, Ruderman, Fromhold, Dickerson, Conway, Kessler, Cody, Jarrett, Veloria, O'Brien, Campbell, McDermott, Clibborn, Sullivan, Nixon, McIntire, Lantz, Moeller and Hudgins
Reducing the release of mercury into the environment.
The bill was read the second time. There being no objection, Substitute House Bill No. 1002 was substituted for House Bill No. 1002 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 1002 was read the second time.
Representative Hinkle moved the adoption of amendment (026):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Automotive mercury switch" includes a convenience switch, such as a switch for a trunk or hood light, and a mercury switch in antilock brake systems.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department of ecology.
(4) "Health care facility" includes a hospital, nursing home, extended care facility, long-term care facility, clinical or medical laboratory, state or private health or mental institution, clinic, or health maintenance organization.
(5) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a mercury-added product or an importer or domestic distributor of a mercury-added product produced in a foreign country. In the case of a multicomponent product containing mercury, the manufacturer is the last manufacturer to produce or assemble the product. If the multicomponent product or mercury-added product is produced in a foreign country, the manufacturer is the first importer or domestic distributor.
(6) "Mercury-added button-cell battery" means a button-cell battery to which the manufacturer intentionally introduces mercury for the operation of the battery.
(7) "Mercury-added novelty" means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, items of apparel, and other similar products. Mercury-added novelty does not include games, toys, or products that require a button-cell or lithium battery, liquid crystal display screens, or a lamp that contains mercury.
(8) "Mercury-added product" means a product, commodity, or chemical, or a product with a component that contains mercury or a mercury compound intentionally added to the product, commodity, or chemical in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason. Mercury-added products include, but are not limited to, mercury thermometers, mercury thermostats, and mercury switches in motor vehicles.
(9) "Mercury manometer" means a mercury-added product that is used for measuring blood pressure.
(10) "Mercury thermometer" means a mercury-added product that is used for measuring temperature.
(11) "Retailer" means a retailer of a mercury-added product.
NEW SECTION. Sec. 2. (1) Effective January 1, 2004, a manufacturer, wholesaler, or retailer may not knowingly sell at retail a fluorescent lamp if the fluorescent lamp contains mercury and was manufactured after November 30, 2003, unless the fluorescent lamp is labeled in accordance with the guidelines listed under subsection (2) of this section. Primary responsibility for affixing labels required under this section is on the manufacturer, and not on the wholesaler or retailer.
(2) Except as provided in subsection (3) of this section, a lamp is considered labeled pursuant to subsection (1) of this section if the lamp has all of the following:
(a) A label affixed to the lamp that displays the internationally recognized symbol for the element mercury; and
(b) A label on the lamp's packaging that: (i) Clearly informs the purchaser that mercury is present in the item; (ii) explains that the fluorescent lamp should be disposed of according to applicable federal,
state, and local laws; and (iii) provides a toll-free telephone number, and a uniform resource locator internet address to a web site, that contains information on applicable disposal laws.
(3) The manufacturer of a mercury-added lamp is in compliance with the requirements of this section if the manufacturer is in compliance with the labeling requirements of another state.
(4) The provisions of this section do not apply to products containing mercury-added lamps.
NEW SECTION. Sec. 3. (1) The department shall develop and implement a state plan for a permanent repository for mercury that is certified under the federal resource conservation and recovery act. The plan must include the identification of local jurisdictions that are willing to host a mercury repository site.
(2) Prior to implementing the state plan for a permanent mercury repository under subsection (1) of this section, the department shall
report to the legislature the details of the plan and the list of local jurisdictions that are willing to host a mercury repository site.
(3) Mercury recovered after the establishment date of a permanent repository under this section may not be sold for reuse.
NEW SECTION. Sec. 4. The department of health must develop an educational plan for schools, local governments, businesses, and the public on the proper disposal methods for mercury and mercury-added products.
NEW SECTION. Sec. 5. A school may not purchase for use in a primary or secondary classroom bulk elemental mercury or chemical mercury compounds. By January 1, 2004, all primary and secondary schools in the state must remove and properly dispose of all bulk elemental mercury, chemical mercury, and bulk mercury compounds.
NEW SECTION. Sec. 6. (1) Effective January 1, 2004, no person may sell, offer for sale, or distribute for sale or use in this state a mercury-added novelty. A manufacturer of mercury-added novelties must notify all retailers that sell the product about the provisions of this section and how to properly dispose of any remaining mercury-added novelty inventory.
(2)(a) Effective January 1, 2005, no person may sell, offer for sale, or distribute for sale or use in this state a manometer that contains mercury to any health care facility in this state or a thermometer that contains mercury. This subsection (2)(a) does not apply to:
(i) An electronic thermometer with a button cell battery containing mercury;
(ii) A thermometer that contains mercury and that is used for food research and development or food processing, including meat, dairy products, and pet food processing;
(iii) A thermometer that contains mercury and that is a component of an animal agriculture climate control system or industrial measurement system or for veterinary medicine until such a time as the system is replaced or a nonmercury component for the system or application is available; or
(iv) A thermometer or manometer that contains mercury that is used for calibration of other thermometers, manometers, apparatus, or equipment, unless a nonmercury calibration standard is approved for the application by the
national institute of standards and technology.
(b) A manufacturer of thermometers that contain mercury must notify all retailers that sell the product about the provisions of this section and how to properly dispose of any remaining thermometer inventory.
(3) Effective January 1, 2006, no person may sell, install, or reinstall a commercial or residential thermostat that contains mercury unless the manufacturer of the thermostat conducts or participates in a thermostat recovery or recycling program designed to assist contractors in the proper disposal of thermostats that contain mercury in accordance with 42 U.S.C. Sec. 6901, et seq., the federal resource conservation and recovery act.
(4) No person may sell, offer for sale, or distribute for sale or use in this state a motor vehicle manufactured after January 1, 2006, if the motor vehicle contains an automotive mercury switch.
(5) Nothing in this section restricts the ability of a manufacturer, importer, or domestic distributor from transporting products through the state, or storing products in the state for later distribution outside the state.
NEW SECTION. Sec. 7. (1) The department of general administration must, by January 1, 2004, revise its rules, policies, and guidelines to implement the purpose of this chapter.
(2) The department of general administration must give priority and preference to the purchase of equipment, supplies, and other products that contain no mercury-added compounds or components, unless: (a) There is no economically feasible nonmercury-added alternative that performs a similar function; or (b) the product containing mercury is designed to reduce electricity consumption by at least forty percent and there is no nonmercury or lower mercury alternative available that saves the same or a greater amount of electricity as the exempted product. In circumstances where a nonmercury-added product is not available, preference must be given to the purchase of products that contain the least amount of mercury added to the product necessary for the required performance.
NEW SECTION. Sec. 8. The department is authorized to participate in a regional or multistate clearinghouse to assist in carrying out any of the requirements of this chapter. A clearinghouse may also be used for examining notification and label requirements, developing education and outreach activities, and maintaining a list of all mercury-added products.
NEW SECTION. Sec. 9. A violation of this chapter is punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first violation. Repeat violators are liable for a civil penalty not to exceed five thousand dollars for each repeat violation. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.105D.070.
NEW SECTION. Sec. 10. Nothing in this chapter applies to crematories as that term is defined in RCW 68.04.070.
NEW SECTION. Sec. 11. Any fiscal impact on the department or the department of health that results from the implementation of this chapter must be paid for out of funds that are appropriated by the legislature from the state toxics control account for the implementation of the department's persistent bioaccumulative toxic chemical strategy.
NEW SECTION. Sec. 12. Nothing in this chapter applies to prescription drugs regulated by the food and drug administration under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.), to biological products regulated by the food and drug administration under the public health service act (42 U.S.C. Sec. 262 et seq.), or to any substance that may be lawfully sold over-the-counter without a prescription under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.).
NEW SECTION. Sec. 13. Sections 1 through 12 of this act constitute a new chapter in Title 70 RCW."
Representative Morrell moved the adoption of amendment (037) to amendment (026):
On page 3, beginning on line 29 of the amendment, after "(2)" strike all material through "mercury." on line 32, and insert "(a) Effective January 1, 2005, no person may sell, offer for sale, or distribute for sale or use in this state a manometer used to measure blood pressure or a thermometer that contains mercury."
On page 4, line 8 of the amendment, after "available;" strike "or"
On page 4, line 13 of the amendment, after "technology" strike "." and insert ";"
On page 4, after line 13 of the amendment, insert the following:
"(v) A thermometer that is provided by prescription. A manufacturer of a mercury thermometer shall supply clear instructions on the careful handling of the thermometer to avoid breakage and proper cleanup should a breakage occur; or
(vi) A manometer sold or distributed to a hospital, or a health care facility controlled by a hospital, if the hospital has adopted a plan for mercury reduction promulgated by a state association of hospitals that incorporates the goals of the mercury chemical action plan developed by the department under section 302, chapter 371, Laws of 2002."
Representative Morrell spoke in favor of the adoption of the amendment to amendment (026).
The amendment to the amendment was adopted.
The question before the House was adoption of amendment (026) as amended.
Representatives Hinkle and Cooper spoke in favor of the adoption of the amendment (026) as amended.
The amendment as amended 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 Hunt, Hinkle, DeBolt, Linville, Upthegrove and Cooper spoke in favor of passage of the bill.
MOTION
On motion of Representative Santos, Representative Veloria was excused.
The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1002.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1002 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, 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, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative Veloria - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1002, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 1287, By Representatives Lovick, Bush, Moeller, Campbell, McDonald and Cox; by request of Attorney General
Clarifying district court jurisdiction over actions involving commercial electronic mail.
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 Lovick and Bush spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of House Bill No. 1287.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1287 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, 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, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative Veloria - 1.
HOUSE BILL NO. 1287, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 1076, By Representatives Lovick, McDonald, O'Brien, Moeller, Chase, Haigh, Carrell, Simpson and Kagi
Revising provisions relating to attempting to elude a pursuing police vehicle.
The bill was read the second time. There being no objection, Substitute House Bill No. 1076 was substituted for House Bill No. 1076 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 1076 was read the second time.
Representative Kessler moved the adoption of amendment (036):
On page 1, line 13, after "uniform" strike all material through "vehicle))" on line 15 and insert "and his or her ((vehicle))vehicle's license plate shall be appropriately marked showing it to be an official police vehicle"
Representatives Kessler and Mielke 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 Lovick and Mielke spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1076.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1076 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, 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, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative Veloria - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1076, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 1190, By Representatives Quall, Tom, Grant, Talcott, Benson, Ahern, Shabro, Lovick, Dunshee, Anderson, Delvin, McCoy, Cody, Miloscia, Eickmeyer, Mielke, Linville, Pearson, Kessler, Cairnes and Mastin
Changing provisions for classified staff in alternative certification programs.
The bill was read the second time. There being no objection, Substitute House Bill No. 1190 was substituted for House Bill No. 1190 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 1190 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 Quall and Tom spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1190.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1190 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, 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, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative Veloria - 1.
SUBSTITUTE HOUSE BILL NO. 1190, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 1232, By Representatives Kirby, Carrell and Flannigan
Requiring jail booking fees to be based on actual costs.
The bill was read the second time. There being no objection, Substitute House Bill No. 1232 was substituted for House Bill No. 1232 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 1232 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 Kirby and Carrell spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1232.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1232 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, 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, Wallace, Wood, Woods and Mr. Speaker - 97.
Excused: Representative Veloria - 1.
SUBSTITUTE HOUSE BILL NO. 1232, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 1257, By Representatives Carrell, Haigh, O'Brien and Shabro
Using dogs for fighting.
The bill was read the second time. There being no objection, Substitute House Bill No. 1257 was substituted for House Bill No. 1257 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 1257 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 Carrell and O'Brien spoke in favor of passage of the bill.
MOTION
On motion of Representative Santos, Representative Schual-Berke was excused.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1257.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1257 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, 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, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Wallace, Wood, Woods and Mr. Speaker - 96.
Excused: Representatives Schual-Berke and Veloria - 2.
SUBSTITUTE HOUSE BILL NO. 1257, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 1258, By Representatives Carrell, Roach, Talcott, Kirby, Newhouse, Conway, McMahan, Kristiansen, Boldt, Flannigan, McDonald, Bush, Lantz, Cairnes, O'Brien, Shabro, Schindler, Ahern, Priest, Benson, Nixon, Chase and Anderson
Committing sexually violent predators.
The bill was read the second time. There being no objection, Substitute House Bill No. 1258 was substituted for House Bill No. 1258 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 1258 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 Carrell and O'Brien spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1258.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1258 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, 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, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Wallace, Wood, Woods and Mr. Speaker - 96.
Excused: Representatives Schual-Berke and Veloria - 2.
SUBSTITUTE HOUSE BILL NO. 1258, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 1264, By Representatives Sump, Bush and Mielke
Defining "nonmineral ownership interest" with respect to dedicating plats and subdivisions.
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 Sump and Romero spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of House Bill No. 1264.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1264 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, 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, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Wallace, Wood, Woods and Mr. Speaker - 96.
Excused: Representatives Schual-Berke and Veloria - 2.
HOUSE BILL NO. 1264, having received the necessary constitutional majority, was declared passed.
HOUSE BILL NO. 1352, By Representatives Murray, Ericksen and Romero; by request of Utilities & Transportation Commission
Apportioning railroad crossing installation and maintenance costs.
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 Murray and Ericksen spoke in favor of passage of the bill.
The Speaker stated the question before the House to be the final passage of House Bill No. 1352.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1352 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, 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, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Wallace, Wood, Woods and Mr. Speaker - 96.
Excused: Representatives Schual-Berke and Veloria - 2.
HOUSE BILL NO. 1352, having received the necessary constitutional majority, was declared passed.
There being no objection, the rules were suspended, the Committee on State Government was relieved of further consideration of HOUSE BILL NO. 2073, and the bill was referred to the Committee on Local Government.
There being no objection, the rules were suspended, the Committee on Judiciary was relieved of further consideration of HOUSE BILL NO. 2094, and the bill was referred to the Committee on Criminal Justice & Corrections.
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 27, 2003, the 46th Day of the Regular Session.
FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk