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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

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FIFTY NINTH DAY

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House Chamber, Olympia, Wednesday, March 12, 2003


             The House was called to order at 9:00 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 Brian Whitmore and Kristin Hull. Prayer was offered by Reverend Melody Young, Westminister Presbyterian Church, Olympia.


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


MESSAGES FROM THE SENATE

March 11, 2003

Mr. Speaker:


             The Senate has passed:

SENATE BILL NO. 5011,

SUBSTITUTE SENATE BILL NO. 5039,

SENATE BILL NO. 5065,

ENGROSSED SENATE BILL NO. 5106,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5142,

SENATE BILL NO. 5153,

SUBSTITUTE SENATE BILL NO. 5218,

SUBSTITUTE SENATE BILL NO. 5226,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5269,

SUBSTITUTE SENATE BILL NO. 5305,

SENATE BILL NO. 5464,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5536,

SUBSTITUTE SENATE BILL NO. 5561,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5586,

SUBSTITUTE SENATE BILL NO. 5641,

SENATE BILL NO. 5662,

SUBSTITUTE SENATE BILL NO. 5748,

SUBSTITUTE SENATE BILL NO. 5811,

SENATE BILL NO. 5865,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5229,

and the same are herewith transmitted.

Milt H. Doumit, Secretary


             The Speaker assumed the chair.


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


SECOND READING


             HOUSE BILL NO. 1848, By Representatives Conway and Chandler


             Exempting the installation, maintenance, and repair of certain medical devices from electrician licensing requirements.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1848 was substituted for House Bill No. 1848 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1848 was read the second time.


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


             Representatives Conway and Chandler spoke in favor of passage of the bill.


MOTIONS


             On motion of Representative Clements, Representatives Pflug and Schoesler were excused. On motion of Representative Santos, Representatives Edwards, Fromhold, Kessler, McIntire, Quall and Upthegrove were excused.


             The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1848.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1848 and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.

             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, Eickmeyer, Ericksen, Flannigan, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Veloria, Wallace, Wood, Woods and Mr. Speaker - 90.

             Excused: Representatives Edwards, Fromhold, Kessler, McIntire, Pflug, Quall, Schoesler and Upthegrove - 8.


             SUBSTITUTE HOUSE BILL NO. 1848, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1890, By Representatives Chandler, Linville, Holmquist, Eickmeyer, Schoesler and Grant


             Increasing the apple commission from thirteen to fifteen members.


             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 Chandler and Linville 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. 1890.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1890 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, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.

             Excused: Representatives Edwards, Fromhold, Kessler, McIntire, Pflug, Quall and Upthegrove - 7.


             HOUSE BILL NO. 1890, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1935, By Representatives Haigh, Ahern and Hatfield


             Changing prerequisites for county auditors calling special elections.


             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 and Ahern 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. 1935.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1935 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, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.

             Excused: Representatives Edwards, Fromhold, Kessler, McIntire, Pflug, Quall and Upthegrove - 7.


             HOUSE BILL NO. 1935, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1993, By Representatives Cooper, Sump, Berkey and Hinkle


             Authorizing the parks and recreation commission to rent certain undeveloped land for a term of forty years.


             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 Cooper and Sump 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. 1993.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1993 and the bill passed the House by the following vote: Yeas - 91, Nays - 1, Absent - 0, Excused - 6.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, 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, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.

             Voting nay: Representative Bush - 1.

             Excused: Representatives Edwards, Fromhold, Kessler, McIntire, Pflug and Upthegrove - 6.


             HOUSE BILL NO. 1993, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 2000, By Representatives Pettigrew, Dickerson, McCoy, Kenney and Santos


             Changing provisions pertaining to third-party custody proceedings involving the Indian Child Welfare Act.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2000 was substituted for House Bill No. 2000 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 2000 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 Pettigrew 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. 2000.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2000 and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.

             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, Eickmeyer, Ericksen, Flannigan, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, 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, Veloria, Wallace, Wood, Woods and Mr. Speaker - 92.

             Excused: Representatives Edwards, Fromhold, Kessler, McIntire, Pflug and Upthegrove - 6.


             SUBSTITUTE HOUSE BILL NO. 2000, having received the necessary constitutional majority, was declared passed.


             HOUSE JOINT MEMORIAL NO. 4011, By Representatives Veloria, Skinner, Eickmeyer, Santos, Rockefeller, Chase, Linville, Upthegrove and Edwards


             Requesting the state investment board to develop policies to invest more funds in Washington firms.


             The joint memorial was read the second time.


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


             Representatives Veloria and Skinner spoke in favor of passage of the joint memorial.


             The Speaker stated the question before the House to be the final passage of House Joint Memorial No. 4011.


ROLL CALL


             The Clerk called the roll on the final passage of House Joint Memorial No. 4011 and the memorial passed the House by the following vote: Yeas - 63, Nays - 29, Absent - 0, Excused - 6.

             Voting yea: Representatives Alexander, Bailey, Berkey, Blake, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cooper, Cox, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Flannigan, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schindler, Schual-Berke, Shabro, Simpson, Skinner, Sommers, Sullivan, Veloria, Wallace, Wood, Woods and Mr. Speaker - 63.

             Voting nay: Representatives Ahern, Anderson, Armstrong, Benson, Boldt, Buck, Bush, Condotta, Crouse, Ericksen, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Schoesler, Sehlin, Sump, Talcott and Tom - 29.

             Excused: Representatives Edwards, Fromhold, Kessler, McIntire, Pflug and Upthegrove - 6.


             HOUSE JOINT MEMORIAL NO. 4011, having received the necessary constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote NAY on HOUSE JOINT MEMORIAL NO. 4011.

BRUCE CHANDLER, 15th District


             HOUSE BILL NO. 1846, By Representatives Schual-Berke, Benson, Chase, Bush, Simpson, Morrell and McIntire


             Penalizing the fraudulent use of credit card scanning devices.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1846 was substituted for House Bill No. 1846 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1846 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 Schual-Berke and Benson 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. 1846.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1846 and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.

             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, Eickmeyer, Ericksen, Flannigan, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, 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, Veloria, Wallace, Wood, Woods and Mr. Speaker - 92.

             Excused: Representatives Edwards, Fromhold, Kessler, McIntire, Pflug and Upthegrove - 6.


             SUBSTITUTE HOUSE BILL NO. 1846, having received the necessary constitutional majority, was declared passed.


SIGNED BY THE SPEAKER


             The Speaker signed:                                                                                                 HOUSE BILL NO. 1280


SECOND READING


             HOUSE BILL NO. 1575, By Representatives Conway, DeBolt, Cooper, Fromhold, Crouse, Orcutt, Hudgins, Campbell, Berkey and Kenney


             Expanding membership of the electrical board by appointment of one outside line worker.


             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 Conway spoke in favor of passage of the bill.


             Representatives Chandler and Mielke spoke against the passage of the bill.


             The Speaker stated the question before the House to be the final passage of House Bill No. 1575.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1575 and the bill passed the House by the following vote: Yeas - 62, Nays - 34, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Benson, Berkey, Blake, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Conway, Cooper, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Orcutt, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 62.

             Voting nay: Representatives Ahern, Anderson, Armstrong, Bailey, Boldt, Buck, Bush, Chandler, Clements, Condotta, Cox, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Kristiansen, Mastin, McMahan, McMorris, Mielke, Newhouse, Nixon, Pearson, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 34.

             Excused: Representatives Edwards and Pflug - 2.


             HOUSE BILL NO. 1575, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1339, By Representatives Simpson, Benson and Schual-Berke; by request of Department of Financial Institutions


             Regulating escrow agents and officers.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1339 was substituted for House Bill No. 1339 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1339 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 Simpson, Benson and Schual-Berke spoke in favor of passage of the bill.


             Representatives Roach and McMahan spoke against the passage of the bill.


MOTION


             On motion of Representative Clements, Representative Mastin was excused.


             The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1339.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1339 and the bill passed the House by the following vote: Yeas - 68, Nays - 27, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Benson, Berkey, Blake, Bush, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 68.

             Voting nay: Representatives Armstrong, Boldt, Buck, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, McMahan, Mielke, Newhouse, Nixon, Orcutt, Pearson, Roach, Schindler, Schoesler, Shabro and Skinner - 27.

             Excused: Representatives Edwards, Mastin and Pflug - 3.


             SUBSTITUTE HOUSE BILL NO. 1339, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1428, By Representatives Wood, Conway, Cooper and Kenney


             Revising provisions for electrical trainees.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1428 was substituted for House Bill No. 1428 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1428 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 Wood spoke in favor of passage of the bill.


             Representatives Chandler and McMahan spoke against the passage of the bill.


             There being no objection, the House deferred action on SUBSTITUTE HOUSE BILL NO. 1428 and the bill held its place on the Third Reading calendar.


             HOUSE BILL NO. 1460, By Representatives Pettigrew, Santos, Sullivan, Chase, Linville, Schual-Berke, Veloria, Rockefeller, Conway, Darneille, Wallace, Upthegrove, Kenney and McDermott


             Creating a Washington state day of civil liberties remembrance.


             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 Pettigrew, Skinner, Kenney, Woods, Rockefeller, Santos and Cairnes spoke in favor of passage of the bill.


             Representative Pettigrew: "February 19th, 1942 President Franklin D. Roosevelt signed executive order 9066. That order sent 100,000 Americans with Japanese heritage to internment camps for five long years. These were Americans with families, who owned businesses, worked in factories. Their children went to public school, played little league baseball and took dance lessons at the community center. All that ended on that day in February. In my opinion, the order signed by President Roosevelt put a gash on the soul of this country. A wound that was so quickly struck but will take years to heal. In 1988 President Regan took a giant step towards healing that wound by signing a reparations bill for to surviving internees. And now we, this body, have a chance to continue the healing by passing this legislation. This bill will make February 19th a day of remembrance. It will not be a legal holiday, but a day for us to reflect. A chance for all of us to remember those American families who had their lives torn apart. A chance to remind ourselves of the devastation that can occur when you mix fear and ignorance. And a chance to look towards our future and make sure this never ever happens again to any American."


             Representative Skinner: "Hawaian resident and state representative Barbara Moromoto is my friend. She was born in San Francisco California and after the Pearl Harbor attack, her family was temporarily relocated to a place called Tamforam Race Track. Her mother, American born, her father American born, her eight and half week old brother, American born, Barbara American born and her grandparents were all housed in a horse stall with very primitive quarters. They were there a very short period of time because her father was asked if he would be willing to teach Japanese language to military officers who were going into the field of intelligence. This man said he would be happy to serve his country as he claimed San Francisco California United States of America as his hometown and as his country. My friend who is a legislator and is my colleague appreciated the civil rights and the freedom that is offered in this country to its citizens. She celebrates this year 25 years as a representative. When I spoke to her she said to me 'do you know the background that I had made it a good opportunity for me to serve my country and to be a representative.' Mr. Speaker, I urge support of House Bill No. 1460 and I thank you for the opportunity to speak."


             Representative Kenney: "I rise in support of House Bill No. 1460. I wish that every American appreciated how fortunate we are to live in a country that is a shining light of liberty for the entire world. But no one can fully appreciate American liberties unless they also understand how far we have come and how many tragedies we have overcome to achieve the liberties that we enjoy today. We can only protect our liberties by understanding what threatens them. There is no clearer way to grasps these threats then by remembering the tragedy and pain of Japanese internment. In World War II we fought for liberty abroad while we temporarily lost the liberty of many Americans at home. We owe it to the Japanese Americans who suffered. There are many sad stories that many of us have heard. But we also owe it to ourselves to remember that what happen so that we will never allow a similar tragedy again for we will have our liberties only as long as we protect them against racism, fear and ignorance. President Reagan once pointed out that the United States has the only national anthem in the world that ends with a question – 'Oh say does the star spangle banner yet wave over the land of the free and the home of the brave?' And this is a question that we must constantly ask ourselves; it is a question that we must constantly ask to guarantee that the answer remains yes, all the time. Setting aside a day for civil liberties remembrance will help us ensure that not only to ourselves but to our children and their children and all the future generations of America will be able to say 'Yes, yes America is still the land of free and the home of the brave.' I urge your support for this bill."


             Representative Woods: "I stand in support of this bill today. You know about 25 years ago I lived in the Mojave Desert not far from Manzanar which was the internment camp for many Japanese Americans during World War II. I remember going out there with my children when they were tiny and looking at what was left of the internment camp. Really it was desert, it was hot, it was windy with tumbleweeds blowing across what use to be the internment camp. All that is left today is maybe a few stone markers of what was housing, what was the gate, what was the fence that keep those Americans inside. Little did I know that years later I would live in a district that had Bainbridge Island in it. On Bainbridge Island in March of that year, 250 men, women and children were taken from the island in my district and actually many of them ended up in Manzanar California. I do want to say a word about some good things that happened during that time. The people of Bainbridge Island were very sad when this happened but they wanted to make sure that Japanese American people who were taken from the island and interned would be able to return to their land someday. The citizens of Bainbridge Island made sure that their land was taken care of, the Bainbridge Island Review actually had a reporter at the various different internment camps and would report back through the newspaper to the Island folks about the births, the marriages and the deaths of their citizens. They were always American citizens, they were always citizens of Bainbridge Island. So there were some good things that happened out of the sad things that were happening. Last year we had the opportunity to dedicate on the Wycoff site that place where 225 Bainbridge citizens had to leave that sad morning by Army escort - we dedicated that place in remembrance of those wonderful citizens. So I urge your support of this day of remembrance so that we never forget and that we teach our children in our schools and we take this day as set it aside for that teaching. I urge your support of this bill. Thank you for much."


             Representative Rockefeller: "Thank you Mr. Speaker. As my good colleague from the 23rd District has just mentioned some 225 Japanese American citizens were in the vanguard of 110,000 citizens from the Western United States who were relocated. They came from Bainbridge Island which is my home. For some 25 years I had a neighbor whose name was Shaquko Kitamoto. Mrs. Kitamoto was one of the 225 individuals who was relocated together with her four very young children to Manzanar. She survived that experience and came back and resumed life to the best of her ability farming some rough stony land creating a magnificent raspberry farm next door to my home where my children learned from her how delicious raspberries were right off the vine. She taught us about fresh tofu, she taught us about koi, she taught them and me about the art of growing beautiful plants. She was a beloved neighbor. She past away some years ago. It was only a few years before her death, that I first learned of her personal experience and the tragedy that befell her and so many of our neighbors on Bainbridge Island. It was not something that she could talk about easily. Indeed, for many years Japanese Americans citizens were reluctant to disclose to the rest of the community what they had experienced. I had to sort of tease it out of her as I learned what she had been through. I learned another chapter of history in Washington State. I think it is important that we have a day of remembrance and that we recall and remember lest we forget how easy it is to trample the civil rights of our fellow citizens. They too were Americans citizens – they deserved the protection which was denied to them – they lost their freedom and in all to many cases they lost their personal possessions, their property, their dignity and their place within the community. A few of them were able to come and restart their lives and we are blest to have them in our community today. But I say this bill is needed, lest we forget. I am pleased to join with my colleagues in urging your support. Thank you."


             Representative Santos: "Thank you Mr. Speaker. I am proud to stand in support of HB 1460, a little bill that would simply add a Civil Liberties Day of Remembrance to the eight state recognized days already in statute. The intent, Mr. Speaker, is to acknowledge the World War II evacuation, relocation, and internment of more than 120,000 Japanese Americans - two-thirds of whom were U. S. citizens by birth. Nearly 13,000 of the evacuees were from Washington State; from Asotin, Benton, Chelan, Clallam, Clark, Cowlitz, Franklin, Grays Harbor, Island, Jefferson, King, Kitsap, Klickitat, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Spokane, Thurston, Wahkiakum, Whatcom, Whitman, and Yakima Counties. After reporting first to Camp Harmony, the assembly center set up at the State Fairgrounds in Puyallup, most of our evacuees were sent to hastily built Relocation Centers in desolate, unpopulated areas: Minidoka in Idaho, Manzanar or Tule Lake in California, Heart Mountain in Wyoming.

             Some 4500 Japanese Americans served in the now famed 100th Battallion, the 442nd Regimental Combat Team, and the Military Intelligence Service. Last year, two of our native sons - one from the 37th district in Seattle and one from the 42nd district in Bellingham - were posthumously awarded the Congressional Medal of Honor, our nation's highest military decoration. But, hundreds of Washington Nisei served with valor and distinction while their parents, wives, and children were incarcerated behind barbed wire.

             This mass evacuation and internment effort was authorized by the President of the United States who, on February 19, 1942, issued Executive Order 9066. EO 9066 effectively ceded civilian life and lives to the control of the military, thus setting the stage for the most sweeping violations of our most deeply cherished Constitutional principles. This "failure of political leadership" - the abrogation of civil authority - was later found by a Congressional Commission to be a primary factor, along with "race prejudice" and "war hysteria," leading to this tragic episode in our American history.

             I‛ve distributed photographs of that era showing on one side the evacuated 225 Japanese from Bainbridge Island, the first in the nation to be incarcerated. One of the photographs on the other side shows a very hear wrenching photography of Mr. Ebaristo Arota, a Filipino saying goodbye to his wife Miki who was being interned and he was not allowed to accompany her. And they too were Bainbridge Island residents.


             It is said that those who forget history are doomed to repeat it. That, Mr. Speaker, is why my previous seatmate, Representative Tokuda, created the Civil Liberties Public Education Fund, to teach students and the public about the lessons we’ve learned from this experience. And that is why, Mr. Speaker, my current seatmate has brought this legislation before us. I remind this body that the federal legislation that permitted this gross injustice is still on the books. The time to establish a Civil Liberties Day of Remembrance is now because the number of men and women with first-hand knowledge of these events are rapidly diminishing. Indeed, in the four years since I first offered comments on this floor, I have lost my grandmother and my mother . . . my only direct links to the Japanese American wartime experience. Let us not also lose the lesson of how vulnerable our deeply held ideals are in times of extraordinary challenge. Instead, let us remember that freedom, justice, and equality for all is our greatest birthright as Americans. Let us never forget it. For this reason, I urge this body to join me in setting aside the 19th day of February as a Civil Liberties Day of Remembrance. I ask you to support House Bill No. 1460."


             Representative Cairnes: "I spent a good part of my adult life as a professional soldier. I took great pride in being an American fighting man, both then and now. I now often wonder in the peace and quiet of my home, with my wife, my children and my grandchildren around me, what was the Vietnam War actually all about. I always come to the same conclusion, it was about Freedom – Freedom from unlawful imprisonment, Freedom of speech, Freedom of religion and all the other freedoms that we too often take for granted. Basic civil liberties. Basic civil liberties – Human Rights – isn't that what most wars are about?

             Human Rights were clearly the central issue for the Second World War. My Dad and my uncles as young men in their late teens and early twenties were in some of the toughest battles. Some were wounded, some were captured and some came through without a physical scratch. Combat is the most horrendous thing that can happen to a human being. I know the horrors of war first hand.

             The 442nd Regimental Combat Team – the soldiers of these units were all Japanese-Americans. They were the most decorated unit of their size in American history. These were men, Americans, that were fighting, bleeding, dying, suffering, loving, caring and thinking of their families back home. Wishing for peace and justice. Peace and justice. Isn't that what we all wish for? Combat veterans have a common bond. We hurt to the depths of our souls for each other. There is no greater bond. The bond of fighting together, protecting each other saving each other. These great and brave warriors of the 442nd Regimental Combat Team were among the bravest of the brave. All the while they were involved in combat their wives, sons, mothers, daughters, fathers and uncles were wrongfully imprisoned behind barbed wire. Denied the basic human rights they were overseas fighting for. How can the human spirit be so strong? How can men fight a foreign enemy when their own country, the country they were fighting for imprisoned their families? How can men do that? What amazing dedication to a country, to an ideal, to America.

             Thank you, Mr. Speaker."


             The Speaker stated the question before the House to be the final passage of House Bill No. 1460.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1460 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, 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, 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 - 96.

             Excused: Representatives Edwards and Pflug - 2.


             HOUSE BILL NO. 1460, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1615, By Representatives Dunshee, Pearson, Lovick, Kristiansen, Berkey, Sullivan and Wood


             Requiring vehicle sound system components to be securely attached.


             The bill was read the second time.


             Representative Delvin moved the adoption of amendment (111):


              On page 1, line 10, after "(2)" insert "All loose items contained within the vehicle capable of causing injury must be either contained within the vehicle's trunk, contained within an enclosed compartment within the vehicle, securely fastened to the vehicle, or secured to the vehicle by netting, ropes, or other means of constraining movement of the item.

              (3)"


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


             Representative Lovick spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Delvin moved the adoption of amendment (115):


              On page 1, line 11, strike all material beginning with "only" through "offense" on page 1, line 13, and insert "as a primary action".


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


             Representative Lovick spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Lovick moved the adoption of amendment (060):


              On page 1, after line 13, insert the following:


              "NEW SECTION. Sec. 2. This act shall be known as the Courtney Amisson Act."


              Correct the title.


             Representatives Lovick and Pearson 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 Dunshee, Pearson, Lovick, Flannigan and Hatfield spoke in favor of passage of the bill.


             Representatives Delvin, Benson, Schoesler, Cairnes and Roach spoke against the passage of the bill.


             The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 1615.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 1615 and the bill passed the House by the following vote: Yeas - 73, Nays - 23, Absent - 0, Excused - 2.

             Voting yea: Representatives Bailey, Berkey, Blake, Boldt, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 73.

             Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Benson, Buck, Bush, Cairnes, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Mastin, McMahan, McMorris, Mielke, Roach, Schindler, Schoesler, Sump and Talcott - 23.

             Excused: Representatives Edwards and Pflug - 2.


             ENGROSSED HOUSE BILL NO. 1615, having received the necessary constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on ENGROSSED HOUSE BILL NO. 1615.

JOHN AHERN, 6th District


STATEMENT FOR THE JOURNAL


             I intended to vote NAY on ENGROSSED HOUSE BILL NO. 1615.

MIKE CARRELL, 28th District


             HOUSE BILL NO. 1801, By Representatives Moeller, Clements and Wood


             Authorizing an alternative method of annexation by cities and towns based on utility service.


             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 Moeller and Clements spoke in favor of passage of the bill.


             Representative Schindler spoke against the passage of the bill.


             The Speaker stated the question before the House to be the final passage of House Bill No. 1801.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1801 and the bill passed the House by the following vote: Yeas - 73, Nays - 23, Absent - 0, Excused - 2.

             Voting yea: Representatives Anderson, Bailey, Berkey, Blake, Boldt, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McIntire, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 73.

             Voting nay: Representatives Ahern, Alexander, Armstrong, Benson, Buck, Bush, Cairnes, Campbell, Carrell, Condotta, Cox, Crouse, DeBolt, Delvin, Hinkle, Holmquist, McDonald, McMahan, McMorris, Pearson, Schindler, Schoesler and Sump - 23.

             Excused: Representatives Edwards and Pflug - 2.


             HOUSE BILL NO. 1801, having received the necessary constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote YEA on HOUSE BILL NO. 1801.

MIKE ARMSTRONG, 12th District


             HOUSE BILL NO. 1005, By Representatives Morris, Linville, Wood, Anderson, Fromhold, Conway, Kessler, O'Brien, Kenney, Haigh, Schual-Berke and Sullivan


             Creating the joint task force on long-term energy supply.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1005 was substituted for House Bill No. 1005 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1005 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 Morris and Crouse spoke in favor of passage of the bill.


MOTION


             On motion of Representative Clements, Representative Boldt was excused.


             The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1005.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1005 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, 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, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Boldt, Edwards and Pflug - 3.


             SUBSTITUTE HOUSE BILL NO. 1005, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1113, By Representatives Hinkle, Linville, Schoesler, Boldt and Mielke


             Regarding irrigation district boards of joint control.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1113 was substituted for House Bill No. 1113 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1113 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 Hinkle and Linville 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. 1113.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1113 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, 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, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Boldt, Edwards and Pflug - 3.


             SUBSTITUTE HOUSE BILL NO. 1113, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1126, By Representatives Schoesler and Linville


             Allowing seed testing fees to increase in excess of the fiscal growth factor set out in chapter 43.135 RCW.


             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 Schoesler and Linville 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. 1126.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1126 and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, 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, 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 - 94.

             Voting nay: Representative Carrell - 1.

             Excused: Representatives Boldt, Edwards and Pflug - 3.


             HOUSE BILL NO. 1126, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1173, By Representatives Veloria, Conway and Chase


             Revising provisions for the office of the Washington state trade representative.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1173 was substituted for House Bill No. 1173 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1173 was read the second time.


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


             Representatives Veloria and Skinner 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. 1173.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1173 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, 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, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Boldt, Edwards and Pflug - 3.


             SUBSTITUTE HOUSE BILL NO. 1173, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1230, By Representatives Simpson, Benson, Schual-Berke, Conway, Cooper, Ruderman and Rockefeller; by request of Insurance Commissioner


             Regulating insurable interests and employer-owned life and disability insurance.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1230 was substituted for House Bill No. 1230 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1230 was read the second time.


             Representative Simpson moved the adoption of amendment (108):


              On page 4, line 22, after "(3)" strike all material through "no" and insert "No"


              On page 4, beginning on line 32, strike all of subsection (4)


             Representatives Simpson and Cairnes spoke in favor of the adoption of the amendment.


             The amendment was adopted. The bill was ordered engrossed.


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


             Representative Simpson 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. 1230.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1230 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, 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, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Boldt, Edwards and Pflug - 3.


             ENGROSSED SUBSTITUTE HOUSE BILL NO. 1230, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1251, By Representatives Eickmeyer, Schoesler, Linville, Sump, Quall, Rockefeller and Haigh; by request of Commissioner of Public Lands


             Protecting forest land from exotic forest insects or diseases.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1251 was substituted for House Bill No. 1251 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1251 was read the second time.


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


             Representatives Eickmeyer and Schoesler spoke in favor of passage of the bill.


             Representative Holmquist spoke against the passage of the bill.


             The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1251.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1251 and the bill passed the House by the following vote: Yeas - 84, Nays - 11, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 84.

             Voting nay: Representatives Chandler, Clements, Condotta, Hinkle, Holmquist, Mastin, McMorris, Newhouse, Skinner, Sump and Talcott - 11.

             Excused: Representatives Boldt, Edwards and Pflug - 3.


             SUBSTITUTE HOUSE BILL NO. 1251, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1283, By Representatives Lovick, Pettigrew, O'Brien, Cooper, Simpson, Kagi, Moeller, Chase, Rockefeller, Lantz and Cairnes


             Adjusting time requirements for vacation of convictions.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1283 was substituted for House Bill No. 1283 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1283 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. 1283.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1283 and the bill passed the House by the following vote: Yeas - 90, Nays - 5, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, Delvin, Dickerson, Dunshee, 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, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Priest, Quall, 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 - 90.

             Voting nay: Representatives Anderson, Bush, DeBolt, Mielke and Roach - 5.

             Excused: Representatives Boldt, Edwards and Pflug - 3.


             SUBSTITUTE HOUSE BILL NO. 1283, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1335, By Representatives Cooper, Sump, Berkey and Hudgins; by request of Parks and Recreation Commission


             Continuing the development of water trail sites in Washington state.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1335 was substituted for House Bill No. 1335 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1335 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 Sump 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. 1335.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1335 and the bill passed the House by the following vote: Yeas - 93, Nays - 2, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, 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, 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 - 93.

             Voting nay: Representatives Blake and Hatfield - 2.

             Excused: Representatives Boldt, Edwards and Pflug - 3.


             SUBSTITUTE HOUSE BILL NO. 1335, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1430, By Representatives Miloscia, Armstrong, Haigh and Benson


             Requiring state agencies to prepare housing impact statements.


             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 Miloscia, Armstrong, Woods and Anderson 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. 1430.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1430 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, 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, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Boldt, Edwards and Pflug - 3.


             HOUSE BILL NO. 1430, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1493, By Representatives Campbell, Cody and Skinner


             Clarifying the scope of practice of a dental hygienist.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1493 was substituted for House Bill No. 1493 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1493 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 Campbell and Cody 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. 1493.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1493 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, 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, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Boldt, Edwards and Pflug - 3.


             SUBSTITUTE HOUSE BILL NO. 1493, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1624, By Representatives Hudgins, Pettigrew, Crouse, Morris, Nixon, Linville and Sullivan; by request of Department of Social and Health Services


             Modifying provisions of the Washington telephone assistance program.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1624 was substituted for House Bill No. 1624 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1624 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 Hudgins and Crouse spoke in favor of passage of the bill.


COLLOQUY


             Representative Crouse: "Is it the intent that any portion of the state and federal reimbursement received by a telephone company for participating in the Washington Telephone Assistance Program, be subject to local taxes?"


             Representative Hudgins: "No. This money supports a program to benefit people who cannot afford basic telephone service. It is very important to have telephone company participation. Historically, reimbursement paid under this program has not been subject to tax by local government. The intent is for this practice to continue."


             The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 1624.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1624 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, 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, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Boldt, Edwards and Pflug - 3.


             SUBSTITUTE HOUSE BILL NO. 1624, having received the necessary constitutional majority, was declared passed.


             There being no objection, the House reverted to the fourth order of business.


INTRODUCTION & FIRST READING

 

HB 2218           by Representatives Alexander, Benson and McMahan


             AN ACT Relating to small business economic impact statements; and amending RCW 19.85.040.


             Referred to Committee on State Government.

 

SB 5049            by Senators Roach, Eide, Winsley, Franklin, Rasmussen, Stevens, Schmidt, Haugen, Parlette, Carlson, Esser and Sheahan


             AN ACT Relating to veterans' history awareness month; and adding a new section to chapter 73.04 RCW.


             Referred to Committee on State Government.

 

SB 5075            by Senators Morton, Fraser, Oke and Doumit; by request of Commissioner of Public Lands


             AN ACT Relating to authorization to accept gifts of aquatic land; and adding a new section to chapter 79.90 RCW.


             Referred to Committee on Agriculture & Natural Resources.

 

SSB 5105          by Senate Committee on Education (originally sponsored by Senators Fraser, B. Sheldon, Carlson, McAuliffe and Kohl-Welles)


             AN ACT Relating to educational interpreters; and creating new sections.


             Referred to Committee on Education.

 

SSB 5133          by Senate Committee on Children & Family Services & Corrections (originally sponsored by Senators Carlson, Stevens, Hargrove, McCaslin, Kline, Sheahan, Kohl-Welles, Schmidt, McAuliffe, Oke, Rossi, Regala, Esser, Deccio, Swecker, Brandland, Parlette, Zarelli and Rasmussen)


             AN ACT Relating to the interstate compact for juveniles; adding new sections to chapter 13.24 RCW; repealing RCW 13.24.010 and 13.24.020; and providing a contingent effective date.


             Referred to Committee on Juvenile Justice & Family Law.

 

SSB 5148          by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Winsley and Prentice; by request of Insurance Commissioner)


             AN ACT Relating to providing confidentiality to certain insurance commissioner examinations; and amending RCW 48.02.065.


             Referred to Committee on Financial Institutions & Insurance.

 

SSB 5237          by Senate Committee on Education (originally sponsored by Senators Deccio, Thibaudeau, Parlette, Keiser, Mulliken, Kohl-Welles, Stevens, Hale and Eide)


             AN ACT Relating to regulating the catheterization of students; and amending RCW 28A.210.280.


             Referred to Committee on Health Care.

 

SB 5307            by Senators Mulliken, Finkbeiner, Stevens, McCaslin, Hale and Esser


             AN ACT Relating to permit timelines; and adding a new section to chapter 36.70B RCW.


             Referred to Committee on Local Government.

 

SSB 5335          by Senate Committee on Highways & Transportation (originally sponsored by Senators Zarelli, Haugen, Prentice, Mulliken, Benton, Oke and Carlson)


             AN ACT Relating to the definition of a motorcycle helmet; and amending RCW 46.37.530.


             Referred to Committee on Transportation.

 

SB 5349            by Senators Haugen, Swecker, Doumit, Morton, Rasmussen, Hargrove, Horn, Stevens, Spanel and Franklin


             AN ACT Relating to drainage facilities; and amending RCW 85.38.180.


             Referred to Committee on Agriculture & Natural Resources.

 

SSB 5384          by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators West and Winsley)


             AN ACT Relating to utility services and connection charges for certain mobile home parks; and amending RCW 35.67.370.


             Referred to Committee on Local Government.

 

SB 5410            by Senators Stevens, Eide, Keiser, Brandland, Reardon, Roach, Prentice, Regala, Rasmussen, McCaslin, Benton, Winsley, T. Sheldon, Schmidt, Esser, Oke and Shin


             AN ACT Relating to public information about registered sex offenders; and amending RCW 4.24.550.


             Referred to Committee on Criminal Justice & Corrections.

 

SSB 5415          by Senate Committee on Higher Education (originally sponsored by Senators Carlson, Spanel, Kohl-Welles and Shin; by request of State Board for Community and Technical Colleges)


             AN ACT Relating to exceptional faculty award grants; and amending RCW 28B.50.839.


             Referred to Committee on Higher Education.

 

SSB 5435          by Senate Committee on Highways & Transportation (originally sponsored by Senators Haugen, Horn and Benton)


             AN ACT Relating to special license plates; amending RCW 46.16.233 and 46.16.314; adding new sections to chapter 46.16 RCW; and creating new sections.


             Referred to Committee on Transportation.

 

SB 5491            by Senators Finkbeiner, Prentice, Jacobsen, Oke and Kohl-Welles


             AN ACT Relating to signs on bus shelters; amending RCW 47.12.120 and 47.36.030; and adding a new section to chapter 47.36 RCW.


             Referred to Committee on Transportation.

 

SSB 5509          by Senate Committee on Health & Long-Term Care (originally sponsored by Senators B. Sheldon, Kohl-Welles, Deccio and Winsley)


             AN ACT Relating to the organ donor registry; amending RCW 68.50.540; adding new sections to chapter 68.50 RCW; adding a new section to chapter 46.20 RCW; adding a new section to chapter 46.12 RCW; creating a new section; and providing an effective date.


             Referred to Committee on Health Care.

 

SB 5574            by Senators Finkbeiner, Poulsen and Reardon; by request of Attorney General


             AN ACT Relating to district court jurisdiction over actions involving commercial electronic mail; and amending RCW 3.66.020 and 3.66.040.


             Referred to Committee on Judiciary.

 

SSB 5616          by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Benton, Prentice, Reardon, Zarelli, Winsley, Keiser and Finkbeiner)


             AN ACT Relating to insurer foreign investments; and amending RCW 48.13.180.


             Referred to Committee on Financial Institutions & Insurance.

 

SSB 5628          by Senate Committee on Judiciary (originally sponsored by Senators Brandland, Esser, Kline and Kohl-Welles; by request of Sentencing Guidelines Commission)


             AN ACT Relating to threshold property values for crimes against property; amending RCW 9A.48.070, 9A.48.080, 9A.48.090, 9A.56.030, 9A.56.040, 9A.56.050, 9A.56.060, 9A.56.096, 9A.56.150, 9A.56.160, and 9A.56.170; and prescribing penalties.


             Referred to Committee on Criminal Justice & Corrections.

 

SSB 5687          by Senate Committee on Commerce & Trade (originally sponsored by Senators Prentice, Honeyford, Shin and Rasmussen)


             AN ACT Relating to exempting certain medical devices from electrical licensing requirements; and amending RCW 19.28.371.


             Referred to Committee on Commerce & Labor.

 

SSB 5690          by Senate Committee on Ways & Means (originally sponsored by Senators Rossi and Fairley)


             AN ACT Relating to the taxability of persons with limited connections to Washington; amending RCW 82.08.050 and 82.12.040; adding a new section to chapter 82.04 RCW; and creating a new section.


             Referred to Committee on Technology, Telecommunications & Energy.

 

SB 5705            by Senators Winsley, Thibaudeau, Carlson, Fraser and Shin; by request of Department of Services for the Blind


             AN ACT Relating to changing provisions on the department of services for the blind; amending RCW 74.18.010, 74.18.020, 74.18.050, 74.18.060, 74.18.070, 74.18.090, 74.18.110, 74.18.120, 74.18.130, 74.18.140, 74.18.150, 74.18.170, 74.18.180, 74.18.200, 74.18.210, and 74.18.230; adding new sections to chapter 74.18 RCW; and repealing RCW 74.18.160 and 74.18.250.


             Referred to Committee on Children & Family Services.

 

SSB 5715          by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Benton, Prentice, Winsley and Oke)


             AN ACT Relating to the financial fraud alert act; adding a new section to chapter 42.17 RCW; adding a new chapter to Title 30 RCW; and declaring an emergency.


             Referred to Committee on Financial Institutions & Insurance.

 

SB 5747            by Senators Schmidt, Finkbeiner, Poulsen, Esser, Stevens and Eide


             AN ACT Relating to supervision of elections in charter counties; and amending RCW 36.16.030.


             Referred to Committee on Local Government.

 

SSB 5761          by Senate Committee on Economic Development (originally sponsored by Senators T. Sheldon and Shin)


             AN ACT Relating to industrial projects of statewide significance; and amending RCW 43.157.010, 43.157.020, 43.157.030, 43.42.050, and 43.42.060.


             Referred to Committee on Trade & Economic Development.

 

SSB 5793          by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Winsley and Prentice)


             AN ACT Relating to minimum nonforfeiture amounts applicable to certain contracts of life insurance and annuities; and amending RCW 48.23.440.


             Referred to Committee on Financial Institutions & Insurance.

 

SSJM 8002       by Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Morton, Hewitt, Sheahan, Stevens, Parlette, Mulliken, Oke and Roach)


             Requesting forest health-related management activities on all state and national forests in Washington state.


             Referred to Committee on Agriculture & Natural Resources.


             There being no objection, the bills and memorial 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. 2043, By Representatives Kirby, Campbell and Carrell


             Changing provisions relating to dangerous dogs.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2043 was substituted for House Bill No. 2043 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 2043 was read the second time.


             Representative Campbell moved the adoption of amendment (095):


              On page 3, after line 13, insert the following:


              "Sec. 3. RCW 16.08.080 and 2002 c 244 s 2 are each amended to read as follows:

              (1) Any city or county that has a notification and appeal procedure with regard to determining a dog within its jurisdiction to be dangerous may continue to utilize or amend its procedure. A city or county animal control authority that does not have a notification and appeal procedure in place as of June 13, 2002, and seeks to declare a dog within its jurisdiction, as defined in subsection (7) of this section, to be dangerous must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested.

              (2) The notice must state: The statutory basis for the proposed action; the reasons the authority considers the animal dangerous; a statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls in subsection (6) of this section; and an explanation of the owner's rights and of the proper procedure for appealing a decision finding the dog dangerous.

              (3) Prior to the authority issuing its final determination, the authority shall notify the owner in writing that he or she is entitled to an opportunity to meet with the authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of fifteen calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the fifteen-day time period set forth in this section. After such meeting, the authority must issue its final determination, in the form of a written order, within fifteen calendar days. In the event the authority declares a dog to be dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner's last address known to the authority.

              (4) If the local jurisdiction has provided for an administrative appeal of the final determination, the owner must follow the appeal procedure set forth by that jurisdiction. If the local jurisdiction has not provided for an administrative appeal, the owner may appeal a municipal authority's final determination that the dog is dangerous to the municipal court, and may appeal a county animal control authority's or county sheriff's final determination that the dog is dangerous to the district court. The owner must make such appeal within twenty days of receiving the final determination. While the appeal is pending, the authority may order that the dog be confined or controlled in compliance with RCW 16.08.090. If the dog is determined to be dangerous, the owner must pay all costs of confinement and control.

              (5) It is unlawful for an owner to have a dangerous dog in the state without a certificate of registration issued under this section. This section and RCW 16.08.090 and 16.08.100 shall not apply to police dogs as defined in RCW 4.24.410.

              (6) Unless a city or county has a more restrictive code requirement, the animal control authority of the city or county in which an owner has a dangerous dog shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control unit sufficient evidence of:

              (a) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;

              (b) A surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least ((two hundred fifty)) one hundred thousand dollars, payable to any person injured by the dangerous dog; or

              (c) A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least ((two hundred fifty)) one hundred thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog.

              (7)(a)(i) If an owner has the dangerous dog in an incorporated area that is serviced by both a city and a county animal control authority, the owner shall obtain a certificate of registration from the city authority;

              (ii) If an owner has the dangerous dog in an incorporated or unincorporated area served only by a county animal control authority, the owner shall obtain a certificate of registration from the county authority;

              (iii) If an owner has the dangerous dog in an incorporated or unincorporated area that is not served by an animal control authority, the owner shall obtain a certificate of registration from the office of the local sheriff.

              (b) This subsection does not apply if a city or county does not allow dangerous dogs within its jurisdiction.

              (8) Cities and counties may charge an annual fee, in addition to regular dog licensing fees, to register dangerous dogs.

              (9) Nothing in this section limits a local authority in placing additional restrictions upon owners of dangerous dogs. This section does not require a local authority to allow a dangerous dog within its jurisdiction."


              Correct the title.


             Representatives Campbell, Lantz and Carrell 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 Kirby, Campbell and Carrell 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. 2043.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2043 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, 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, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Boldt, Edwards and Pflug - 3.


             ENGROSSED SUBSTITUTE HOUSE BILL NO. 2043, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1151, By Representatives Lovick, Lantz, Jarrett, Miloscia, Delvin, Moeller, Wallace, Simpson and Upthegrove


             Regulating the keeping of dangerous wild animals.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1151 was substituted for House Bill No. 1151 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1151 was read the second time.


             With the consent of the House, amendment 107 was withdrawn.


             Representative Campbell moved the adoption of amendment (096):


              On page 1, line 16, after "tigers," insert "captive-bred"


              On page 3, line 32, after "title or" strike "animals" and insert "native wildlife"


             Representatives Campbell, Lantz and Carrell spoke in favor of the adoption of the amendment.


             The amendment was adopted.


             Representative Lovick moved the adoption of amendment (106):


              On page 3, line 31, strike "and"


              On page 3, line 33, after "RCW" insert the following:


              "; and

              (m) A person displaying animals at a fair approved by the department of agriculture pursuant to chapter 15.76 RCW or chapter 36.37 RCW"


             Representatives Lovick and Carrell spoke in favor of the adoption of the amendment.


             The amendment was adopted.


             Representative Carrell moved the adoption of amendment (117):


              On page 3, line 31, strike "and"


              On page 3, line 33, after "Title 77 RCW" insert the following:

              "; and

              (m) A person's possession of an animal:

              (i) That is a member of a threatened or endangered species; or

              (ii) If survival of the animal is necessary for the preservation of the animal's gene pool"


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


             Representative Campbell spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Campbell moved the adoption of amendment (118):


              On page 7, beginning on line 9, strike "dangerous or potentially dangerous wild animal" and insert the following:

              "lion, tiger, cougar, panther, jaguar, cheetah, leopard, bear, chimpanzee, or gorilla"


              On page 7, line 11, strike "two hundred fifty" and insert "one hundred"


             Representatives Campbell and Carrell spoke in favor of the adoption of the amendment.


             The amendment was adopted.


             Representative Carrell moved the adoption of amendment (110):


              On page 10, beginning on line 14, after "(1)" strike all material through "humans" on line 22 and insert the following:


              "On or after the effective date of this act, no city or county may adopt an ordinance governing dangerous or potentially dangerous wild animals that is more restrictive than this chapter, including, but not limited to, adding animals to the definition of potentially dangerous wild animals, creating additional caging standards, and creating stricter care and treatment provisions. Nothing in this subsection applies to ordinances adopted prior to the effective date of this act"


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


             Representatives Campbell and Moeller spoke against the adoption of the amendment.


             The amendment was notadopted. 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, Campbell and Lantz spoke in favor of passage of the bill.


             Representatives Carrell, DeBolt, Carrell (again), Anderson and McMahan spoke against the passage of the bill.


MOTION


             On motion of Representative Clements, Representative Mastin was excused.


             The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1151.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1151 and the bill passed the House by the following vote: Yeas - 60, Nays - 34, Absent - 0, Excused - 4.

             Voting yea: Representatives Berkey, Blake, Bush, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Cox, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 60.

             Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Buck, Cairnes, Carrell, Chandler, Clements, Condotta, Crouse, DeBolt, Ericksen, Haigh, Hinkle, Holmquist, Kristiansen, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Roach, Schindler, Sehlin, Shabro, Skinner, Sump and Talcott - 34.

             Excused: Representatives Boldt, Edwards, Mastin and Pflug - 4.


             ENGROSSED SUBSTITUTE HOUSE BILL NO. 1151, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1519, By Representatives Wood, Fromhold, Simpson, Cooper, Schindler, Conway, Delvin, Hunt, Gombosky, Sullivan, Wallace, Santos and Kenney


             Calculating the death benefits for members of the teachers' retirement system, school employees' retirement system, and public employees' retirement system.


             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 Sehlin 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. 1519.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1519 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, 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 - 94.

             Excused: Representatives Boldt, Edwards, Mastin and Pflug - 4.


             HOUSE BILL NO. 1519, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1580, By Representatives Lantz, Carrell, Flannigan, Campbell, Morris and Pettigrew


             Revising provisions of the personality rights act.


             The bill was read the second time.


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


             Representative Lantz spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be the final passage of House Bill No. 1580.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1580 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, 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 - 94.

             Excused: Representatives Boldt, Edwards, Mastin and Pflug - 4.


             HOUSE BILL NO. 1580, having received the necessary constitutional majority, was declared passed.


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


             There being no objection, the House adjourned until 9:00 a.m., March 13, 2003, the 60th Day of the Regular Session.


FRANK CHOPP, Speaker                                                                                  CYNTHIA ZEHNDER, Chief Clerk