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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

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FIFTY THIRD DAY

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House Chamber, Olympia, Thursday, March 6, 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 Joe Klein and Kris McBride. Prayer was offered by Reverend Jim Erlandson, Community of Christ, Olympia.

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

RESOLUTION

HOUSE RESOLUTION NO. 2003-4632, by Representatives Kenney, Woods, Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Chopp, 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, 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 and Wood

WHEREAS, 150 years ago on November 23, 1852, a group of 44 pioneers assembled at a small settlement called Monticello at present-day Longview and petitioned the United States Congress to divide the Oregon Territory and create a new Territory; and

WHEREAS, 150 years ago on March 2, 1853, President Fillmore signed the bill creating the territory of Washington; and

WHEREAS, We honor the thousands upon thousands of settlers who came here with their hopes and dreams - truly the American dream in its pioneer form - who settled this state and created the cities and towns, with the best intentions of self-governance and loyalty to our nation, laying the groundwork for the state we are today; and

WHEREAS, We honor those who inhabited this land thousands of years prior to the first landings of Spanish in 1775. Their strong sense of family, reverence for the wildlife and the environment, pride in who they are, and continued hope for their thriving communities belies the struggle and difficulties the advent of the European explorer brought to them. They are, in their own right, the early pioneers as well who brought to our history a tradition that lives today - not only in their cultural centers and museums but in their daily lives and communities; and

WHEREAS, We honor those who brought the notion of self-governance and populist spirit, who became towering figures in the history of their respective communities and provided each with a notion of government that was based on the best ideals of our nation at the time, fair play, and the rule of law over the rule of man; and

WHEREAS, We honor all those who keep this history alive in small community-based museums and historical societies to large heritage complexes as staff and volunteers. It is in the best sense of community service that people donate so much of their time to keep many of these organizations alive and thriving; and

WHEREAS, We honor the generations of school children throughout Washington who are our future. Our history cannot live in just those adults who show interest, it must be cultivated in our youth through the family and our educational institutions. It is our history and the particular episodes in that history that set us apart from the rest of this nation; just as it is that history which integrates us into the fabric of the United States of America; and

WHEREAS, We honor our communities, even those created after 1889, that make up this great state. Just as governance started with a band of 44 people assembled here 150 years ago, so too our sesquicentennial observance depends on those local communities throughout this state who will take this commemoration as its own and make it a theme for fairs, community celebrations, tribal gatherings, historical writings, and other events too numerous to name; and

WHEREAS, The Governor, through Executive Order 02-02, set up the Sesquicentennial Commission with membership from across the state and headed by Secretary of State Sam Reed and First Lady Mona Locke;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives call on the people of the State of Washington to honor its early settlers and the indigenous people of the region by celebrating and commemorating our Territorial Sesquicentennial in the grand manner befitting this one hundred fiftieth anniversary of Washington's charter as a part of the United States.

HOUSE RESOLUTION NO. 4632 was adopted.

The Speaker assumed the chair.

INTRODUCTION & FIRST READING

HB 2211 by Representatives Hankins, Lovick, Woods, Simpson, Campbell, Romero, Shabro, Dickerson, Flannigan and Kessler

AN ACT Relating to traffic school for persons committing repeated traffic violations; and adding a new section to chapter 46.64 RCW.

Referred to Committee on Transportation.

HB 2212 by Representative Woods

AN ACT Relating to giving preference in purchasing to Washington state businesses and companies; adding a new section to chapter 43.19 RCW; and creating a new section.

Referred to Committee on State Government.

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.

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

SECOND READING

HOUSE BILL NO. 1360, By Representatives Ruderman and Anderson

Changing membership on the information services board.

The bill was read the second time. There being no objection, Substitute House Bill No. 1360 was substituted for House Bill No. 1360 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1360 was read the second time.

Representative Ruderman moved the adoption of amendment (062):

On page 2, line 11, after "(4)" strike "Members" and insert "Voting members"

Representatives Ruderman and Anderson 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 Ruderman and Anderson spoke in favor of passage of the bill.

MOTIONS

On motion of Representative Hinkle, Representatives Pflug, Campbell, Crouse and Boldt were excused. On motion of Representative Santos, Representatives Edwards, Flannigan and Kagi were excused.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1360.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1360 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, 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, 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 - 91.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1360, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1445, By Representatives Conway, Chandler, Kenney, Fromhold and Clements

Regulating motor vehicle manufacturer and dealer relationships.

The bill was read the second time. There being no objection, Substitute House Bill No. 1445 was substituted for House Bill No. 1445 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1445 was read the second time.

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

Representative Conway 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. 1445.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1445 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

SUBSTITUTE HOUSE BILL NO. 1445, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1563, By Representatives Lantz, Delvin, Dickerson, Carrell, Upthegrove, Talcott, Kessler, Kagi, McDermott, Lovick, Moeller, Morrell, Murray, Pettigrew, Berkey, Kenney and Santos

Providing a procedure for court-ordered contact with a child for nonparents.

The bill was read the second time.

With the consent of the House, amendment (048) was withdrawn.

Representative Carrell moved the adoption of amendment (049):

On page 13, after line 24, insert the following:

"NEW SECTION. Sec. 5. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of social and health services.

(2) "Parenting plan" means a plan for parenting a child, including allocation of residential time, which plan is incorporated in any final decree or decree of modification in any action for dissolution of marriage, declaration of invalidity, or legal separation, and includes custody orders.

(3) "Secretary" means the secretary of the department.

(4) "Visitation" refers to the residential time provisions in a parenting plan for noncustodial persons or other court-ordered contact for third parties.

NEW SECTION. Sec. 6. A person who is a party to a parenting plan or court order authorizing contact with a child pursuant to Section 2 of this act may initiate a petition with the department alleging residential interference. To commence action under this chapter, the petitioner shall:

(1) Allege in writing, under oath, that:

(a) A court has entered a parenting plan or has ordered contact with the child pursuant to Section 2 of this act; and

(b) There is or has been interference with or a denial of visitation rights; and

(2) Provide the department with supporting documents, including a copy of the parenting plan or court order if the department does not have a copy.

NEW SECTION. Sec. 7. (1) The department shall provide notice to the alleged violator of the allegations under section 6 of this act and require the alleged violator to either acknowledge the violation or demand an administrative hearing before an administrative law judge.

(2) If the violation is acknowledged, an administrative finding of residential interference shall be entered.

(3) If an administrative hearing is demanded, the office of administrative hearings shall set a hearing date.

NEW SECTION. Sec. 8. (1) At the hearing, the petitioner must prove by a preponderance of evidence that a violation of the visitation provisions of the parenting plan or court order occurred.

(2) An administrative finding shall be entered if the administrative law judge finds that a violation of the parenting plan or court order occurred.

(3) The administrative law judge may order the noncomplying parent to:

(a) Provide the moving party additional time with the child. The additional time shall be equal to the time missed with the child due to the parent's or custodian's noncompliance. If the additional time granted to the moving party has the effect of reducing the time the child is required to spend with others under a parenting plan, then the reduction in time must be proportionately allocated between those other parties under the parenting plan;

(b) Pay to the moving party all court costs and reasonable attorneys' fees incurred as a result of the noncompliance and any reasonable expenses incurred in locating, returning, or visiting the child; and

NEW SECTION. Sec. 9. After two findings of violation of the residential provisions of the parenting plan or court order, a petitioner may petition a court to change residential time provisions of a parenting plan as provided for under RCW 26.09.260 or visitation provisions in a court order.

NEW SECTION. Sec. 10. An administrative finding under this chapter may be appealed as provided under chapter 34.05 RCW.

NEW SECTION. Sec. 11. The secretary shall adopt rules under chapter 34.05 RCW to implement and enforce this chapter.

NEW SECTION. Sec. 12. The remedies in this chapter are cumulative and are in addition to any other remedies provided by law.

Sec. 13. RCW 26.09.260 and 2000 c 21 s 19 are each amended to read as follows:

(1) Except as otherwise provided in subsections (4), (5), (6), (8), and (10) of this section, the court shall not modify a prior custody decree or a parenting plan unless it finds, upon the basis of facts that have arisen since the prior decree or plan or that were unknown to the court at the time of the prior decree or plan, that a substantial change has occurred in the circumstances of the child or the nonmoving party and that the modification is in the best interest of the child and is necessary to serve the best interests of the child.

(2) In applying these standards, the court shall retain the residential schedule established by the decree or parenting plan unless:

(a) The parents agree to the modification;

(b) The child has been integrated into the family of the petitioner with the consent of the other parent in substantial deviation from the parenting plan;

(c) The child's present environment is detrimental to the child's physical, mental, or emotional health and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child; or

(d) The court has found the nonmoving parent in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has been convicted of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070.

(3) A conviction of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070 or two findings of residential interference under chapter 26.-- RCW (sections 5 through 12 of this act) shall constitute a substantial change of circumstances for the purposes of this section.

(4) The court may reduce or restrict contact between the child and the parent with whom the child does not reside a majority of the time if it finds that the reduction or restriction would serve and protect the best interests of the child using the criteria in RCW 26.09.191.

(5) The court may order adjustments to the residential aspects of a parenting plan upon a showing of a substantial change in circumstances of either parent or of the child, and without consideration of the factors set forth in subsection (2) of this section, if the proposed modification is only a minor modification in the residential schedule that does not change the residence the child is scheduled to reside in the majority of the time and:

(a) Does not exceed twenty-four full days in a calendar year; or

(b) Is based on a change of residence of the parent with whom the child does not reside the majority of the time or an involuntary change in work schedule by a parent which makes the residential schedule in the parenting plan impractical to follow; or

(c) Does not result in a schedule that exceeds ninety overnights per year in total, if the court finds that, at the time the petition for modification is filed, the decree of dissolution or parenting plan does not provide reasonable time with the parent with whom the child does not reside a majority of the time, and further, the court finds that it is in the best interests of the child to increase residential time with the parent in excess of the residential time period in (a) of this subsection. However, any motion under this subsection (5)(c) is subject to the factors established in subsection (2) of this section if the party bringing the petition has previously been granted a modification under this same subsection within twenty-four months of the current motion. Relief granted under this section shall not be the sole basis for adjusting or modifying child support.

(6) The court may order adjustments to the residential aspects of a parenting plan pursuant to a proceeding to permit or restrain a relocation of the child. The person objecting to the relocation of the child or the relocating person's proposed revised residential schedule may file a petition to modify the parenting plan, including a change of the residence in which the child resides the majority of the time, without a showing of adequate cause other than the proposed relocation itself. A hearing to determine adequate cause for modification shall not be required so long as the request for relocation of the child is being pursued. In making a determination of a modification pursuant to relocation of the child, the court shall first determine whether to permit or restrain the relocation of the child using the procedures and standards provided in RCW 26.09.405 through 26.09.560. Following that determination, the court shall determine what modification pursuant to relocation should be made, if any, to the parenting plan or custody order or visitation order.

(7) A parent with whom the child does not reside a majority of the time and whose residential time with the child is subject to limitations pursuant to RCW 26.09.191 (2) or (3) may not seek expansion of residential time under subsection (5)(c) of this section unless that parent demonstrates a substantial change in circumstances specifically related to the basis for the limitation.

(8) If a parent with whom the child does not reside a majority of the time voluntarily fails to exercise residential time for an extended period, that is, one year or longer, the court upon proper motion may make adjustments to the parenting plan in keeping with the best interests of the minor child.

(9) A parent with whom the child does not reside a majority of the time who is required by the existing parenting plan to complete evaluations, treatment, parenting, or other classes may not seek expansion of residential time under subsection (5)(c) of this section unless that parent has fully complied with such requirements.

(10) The court may order adjustments to any of the nonresidential aspects of a parenting plan upon a showing of a substantial change of circumstances of either parent or of a child, and the adjustment is in the best interest of the child. Adjustments ordered under this section may be made without consideration of the factors set forth in subsection (2) of this section.

(11) If the court finds that a motion to modify a prior decree or parenting plan has been brought in bad faith, the court shall assess the attorney's fees and court costs of the nonmoving parent against the moving party.

NEW SECTION. Sec. 14. Sections 5 through 12 of this act constitute a new chapter in Title 26 RCW."

Correct the title and renumber the remaining section consecutively.

Representatives Carrell and Dickerson 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 Lantz, Delvin, Dickerson, Carroll, Talcott and Clements spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 1563.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1563 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

ENGROSSED HOUSE BILL NO. 1563, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1564, By Representatives Alexander, Fromhold, Mielke, Kessler and Buck

Clarifying county treasurer fiscal provisions.

The bill was read the second time. There being no objection, Substitute House Bill No. 1564 was substituted for House Bill No. 1564 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1564 was read the second time.

Representative Alexander moved the adoption of amendment (042):

On page 8, after line 2, insert the following:

"Sec. 8. RCW 36.29.190 and 1997 c 393 s 19 are each amended to read as follows:

County treasurers are authorized to accept credit cards, charge cards, debit cards, smart cards, stored value cards, federal wire, and automatic clearinghouse system transactions, or other electronic communication, for any payment of any kind including, but not limited to, taxes, fines, interest, penalties, special assessments, fees, rates, charges, or moneys due counties. A payer desiring to pay by a credit card, charge card, debit card, smart card, stored value card, federal wire, automatic clearinghouse system, or other electronic communication shall bear the cost of processing the transaction in an amount determined by the treasurer, unless the county legislative authority or the legislative authority of a district where the county treasurer serves as ex officio treasurer finds that it is in the best interests of the county or district to not charge transaction processing costs for all payment transactions made for a specific category of nontax payments ((due)) received by the county treasurer, including, but not limited to, fines, interest not associated with taxes, penalties not associated with taxes, special assessments, fees, rates, and charges. The treasurer's cost determination shall be based upon costs incurred by the treasurer and may not, in any event, exceed the additional direct costs incurred by the county to accept the specific form of payment utilized by the payer."

Correct the title.

Representatives Alexander and Romero 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 Alexander and Romero 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. 1564.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1564 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1564, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1647, By Representatives Conway, Chandler, Sommers, Lantz and Kenney; by request of University of Washington

Regarding the prohibition of the lawful sale of liquor on University of Washington grounds.

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 Wood and Chandler 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. 1647.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1647 and the bill passed the House by the following vote: Yeas - 87, Nays - 4, Absent - 0, Excused - 7.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Cairnes, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 87.

Voting nay: Representatives Bush, McMahan, Mielke, and Schoesler - 4.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

HOUSE BILL NO. 1647, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1739, By Representatives Alexander, Sommers, Romero and Hunt; by request of Department of General Administration

Funding services within the department of general administration.

The bill was read the second time. There being no objection, Substitute House Bill No. 1739 was substituted for House Bill No. 1739 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1739 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 Alexander and Sommers 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. 1739.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1739 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

SUBSTITUTE HOUSE BILL NO. 1739, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1782, By Representatives McCoy, Alexander, Dunshee, Bush, Murray, Jarrett, McIntire, Priest, Veloria, Lantz, Eickmeyer, Upthegrove, Kagi, Conway, Kenney, Darneille, Wood, Lovick, Santos, Simpson, Hudgins and Edwards

Creating a competitive grant program for nonprofit youth organizations.

The bill was read the second time. There being no objection, Substitute House Bill No. 1782 was substituted for House Bill No. 1782 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1782 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 McCoy, Murray, Alexander and Wood 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. 1782.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1782 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

SUBSTITUTE HOUSE BILL NO. 1782, having received the necessary constitutional majority, was declared passed.

POINT OF PERSONAL PRIVILEGE

Representative Hatfield congratulated Representative McCoy on the passage of his first bill through the House, and asked the Chamber to acknowledge his accomplishment.

HOUSE BILL NO. 1031, By Representatives Lovick, O'Brien, Sullivan and Lantz

Revising rules for payment of traffic infraction and misdemeanor penalties.

The bill was read the second time. There being no objection, Substitute House Bill No. 1031 was substituted for House Bill No. 1031 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1031 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 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. 1031.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1031 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

SUBSTITUTE HOUSE BILL NO. 1031, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1052, By Representative Nixon

Limiting the liability of certain persons who provide volunteer emergency repairs.

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 Nixon and Lantz 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. 1052.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1052 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

HOUSE BILL NO. 1052, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1056, By Representatives Simpson and Campbell

Notifying home buyers of where information regarding registered sex offenders may be obtained.

The bill was read the second time. There being no objection, Substitute House Bill No. 1056 was substituted for House Bill No. 1056 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1056 was read the second time.

Representative Simpson moved the adoption of amendment (061):

On page 8, line 36, beginning with "II." strike everything through "transaction:" on line 39 and insert "((II.))

On page 9, line 1, after "OFFENDERS" strike "IN YOUR AREA"

On page 9, line 2, strike "YOUR COUNTY SHERIFF" and insert "LOCAL LAW ENFORCEMENT AGENCIES"

On page 9, line 4, strike "ASSERTION" AND INSERT "INDICATION"

On page 9, line 5, strike "OR LACK THEREOF"

On page 9, line 6, after "OFFENDERS" strike everything through "PROPERTY" on line 7

On page 9, line 8, strike "III." and insert "II."

Representatives Simpson and Benson 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 Simpson and Benson 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. 1056.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1056 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1056, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1146, By Representatives Berkey, Romero, Jarrett, Miloscia, Schindler, McDonald, Benson, Mielke, Wallace, Linville, Wood, Kessler, Chase and McMahan

Adding a rental housing owner to the affordable housing advisory board.

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 Berkey and Skinner 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. 1146.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1146 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

HOUSE BILL NO. 1146, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1160, By Representatives Miloscia, Armstrong, Wallace, Tom, Shabro, Haigh, McDermott and Anderson; by request of Secretary of State

Harmonizing election crimes and penalties.

The bill was read the second time. There being no objection, Substitute House Bill No. 1160 was substituted for House Bill No. 1160 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1160 was read the second time.

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

Representatives Miloscia and Armstrong spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1160.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1160 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

SUBSTITUTE HOUSE BILL NO. 1160, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1195, By Representatives Delvin, Dunshee, Hinkle, Lovick, Mastin, Armstrong, Sump, Fromhold, Quall, Hatfield, Blake, Lantz, Mielke and McMahan

Limiting the liability of landowners for unintentional injuries incurred while rock climbing.

The bill was read the second time. There being no objection, Substitute House Bill No. 1195 was substituted for House Bill No. 1195 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1195 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 Delvin, Morris and Delvin (again) 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. 1195.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1195 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

SUBSTITUTE HOUSE BILL NO. 1195, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1228, By Representatives Haigh, Conway, Miloscia, Bush, Armstrong, Hunt, Wallace, McDermott, Shabro, Tom, Nixon, McCoy, Simpson, Campbell, Wood and Chase

Extending the use of veterans' scoring criteria in employment examinations.

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 Haigh, Armstrong, Benson and Ahern spoke in favor of passage of the bill.

Representative Dickerson spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of House Bill No. 1228.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1228 and the bill passed the House by the following vote: Yeas - 80, Nays - 11, Absent - 0, Excused - 7.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Clibborn, Condotta, Conway, Cooper, Cox, DeBolt, Delvin, Dunshee, Eickmeyer, Ericksen, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunter, Jarrett, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Ruderman, Santos, Schindler, Schoesler, Sehlin, Shabro, Simpson, Skinner, Sullivan, Sump, Talcott, Tom, Upthegrove, Wallace, Wood, Woods and Mr. Speaker - 80.

Voting nay: Representatives Chase, Cody, Darneille, Dickerson, Hunt, Kenney, Moeller, Romero, Schual-Berke, Sommers, and Veloria - 11.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

HOUSE BILL NO. 1228, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1239, By Representatives Cooper, Sump, Dunshee, Kenney, Veloria, Haigh, Berkey, Lantz and Rockefeller

Concerning the commercial harvest of geoduck clams.

The bill was read the second time. There being no objection, Substitute House Bill No. 1239 was substituted for House Bill No. 1239 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1239 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 Cooper and Pearson 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. 1239.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1239 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Excused: Representatives Boldt, Campbell, Crouse, Edwards, Flannigan, Kagi and Pflug - 7.

SUBSTITUTE HOUSE BILL NO. 1239, having received the necessary constitutional majority, was declared passed.

There being no objection, the rules were suspended and the Committee on Agriculture & Natural Resources was relieved of further consideration of HOUSE BILL NO. 1666, and the bill was referred to the Committee on Rules.

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., March 7, 2003, the 54^th Day of the Regular Session.

FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk