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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

___________________________________________________________________________________________


SIXTY SECOND DAY

___________________________________________________________________________________________


House Chamber, Olympia, Saturday, March 15, 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 Kyle Arras and Amber Cruz. Prayer was offered by Representative Joyce McDonald.


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


MESSAGE FROM THE SENATE

March 14, 2003

Mr. Speaker:


             The Senate has passed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5209,

SUBSTITUTE SENATE BILL NO. 5264,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5728,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5807,

ENGROSSED SENATE BILL NO. 5971,

and the same are herewith transmitted.

Paul Campos, Deputy Secretary


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


SECOND READING


             HOUSE BILL NO. 1561, By Representatives Orcutt, Kagi, Pettigrew and Boldt; by request of Department of Social and Health Services


             Eliminating certain department of social and health services' reporting requirements.


             The bill was read the second time.


             Representative Orcutt moved the adoption of amendment (189):


              On page 8, after line 34, insert the following:


              "Sec. 5. RCW 13.40.030 and 1996 c 232 s 5 are each amended to read as follows:

              (1) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the legislature for its review no later than November 1st of each year. ((At the same time the secretary shall submit a report on security at juvenile facilities during the preceding year. The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary.)) The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.

              (2) The permissible ranges of confinement resulting from a finding of manifest injustice under RCW 13.40.0357 are subject to the following limitations:

              (a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;

              (b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and

              (c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.


              Sec. 6. RCW 70.96A.420 and 2001 c 242 s 3 are each amended to read as follows:

              (1) The department, in consultation with opiate substitution treatment service providers and counties and cities, shall establish statewide treatment standards for certified opiate substitution treatment programs. The department shall enforce these treatment standards. The treatment standards shall include, but not be limited to, reasonable provisions for all appropriate and necessary medical procedures, counseling requirements, urinalysis, and other suitable tests as needed to ensure compliance with this chapter.

              (2) The department, in consultation with opiate substitution treatment programs and counties, shall establish statewide operating standards for certified opiate substitution treatment programs. The department shall enforce these operating standards. The operating standards shall include, but not be limited to, reasonable provisions necessary to enable the department and counties to monitor certified and licensed opiate substitution treatment programs for compliance with this chapter and the treatment standards authorized by this chapter and to minimize the impact of the opiate substitution treatment programs upon the business and residential neighborhoods in which the program is located.

              (3) The department shall establish criteria for evaluating the compliance of opiate substitution treatment programs with the goals and standards established under this chapter. As a condition of certification, opiate substitution programs shall submit an annual report to the department and county legislative authority, including data as specified by the department necessary for outcome analysis. The department shall analyze and evaluate the data submitted by each treatment program and take corrective action where necessary to ensure compliance with the goals and standards enumerated under this chapter.

              (((4) Before January 1st of each year, the secretary shall submit a report to the legislature and governor. The report shall include the number of persons enrolled in each treatment program during the period covered by the report, the number of persons who leave each treatment program voluntarily and involuntarily, and an outcome analysis of each treatment program. For purposes of this subsection, "outcome analysis" shall include but not be limited to: The number of people who, as a result of participation in the program, are able to abstain from opiates; reduction in use of opiates; reduction in criminal conduct; achievement of economic independence; and reduction in utilization of health care. The report shall include information on an annual and cumulative basis beginning on July 22, 2001.))


              Sec. 7. RCW 70.96A.520 and 1997 c 338 s 28 are each amended to read as follows:

              The department shall prioritize expenditures for treatment provided under RCW 13.40.165. The department shall provide funds for inpatient and outpatient treatment providers that are the most successful, using the standards developed by the University of Washington under section 27, chapter 338, Laws of 1997. The department may consider variations between the nature of the programs provided and clients served but must provide funds first for those programs that demonstrate the greatest success in treatment within categories of treatment and the nature of the persons receiving treatment.

              ((The department shall, not later than January 1st of each year, provide a report to the governor and the legislature on the success rates of programs funded under this section.))


              Sec. 8. RCW 74.13.017 and 2001 c 265 s 2 are each amended to read as follows:

              The department shall undertake the process of accreditation with the goal of completion by July 2006. ((The department, in conjunction with a national independent accreditation entity, shall report to the appropriate legislative committees its progress towards complete accreditation on an annual basis, starting December 2001.))


              Sec. 9. RCW 74.14A.050 and 2001 c 255 s 1 are each amended to read as follows:

              The secretary shall:

              (1)(a) Consult with relevant qualified professionals to develop a set of minimum guidelines to be used for identifying all children who are in a state-assisted support system, whether at-home or out-of-home, who are likely to need long-term care or assistance, because they face physical, emotional, medical, mental, or other long-term challenges;

              (b) The guidelines must, at a minimum, consider the following criteria for identifying children in need of long-term care or assistance:

              (i) Placement within the foster care system for two years or more;

              (ii) Multiple foster care placements;

              (iii) Repeated unsuccessful efforts to be placed with a permanent adoptive family;

              (iv) Chronic behavioral or educational problems;

              (v) Repetitive criminal acts or offenses;

              (vi) Failure to comply with court-ordered disciplinary actions and other imposed guidelines of behavior, including drug and alcohol rehabilitation; and

              (vii) Chronic physical, emotional, medical, mental, or other similar conditions necessitating long-term care or assistance;

              (2) Develop programs that are necessary for the long-term care of children and youth that are identified for the purposes of this section. Programs must: (a) Effectively address the educational, physical, emotional, mental, and medical needs of children and youth; and (b) incorporate an array of family support options, to individual needs and choices of the child and family. The programs must be ready for implementation by January 1, 1995;

              (3) Conduct an evaluation of all children currently within the foster care agency caseload to identify those children who meet the criteria set forth in this section. All children entering the foster care system must be evaluated for identification of long-term needs within thirty days of placement;

              (4) As a result of the passage of chapter 232, Laws of 2000, the department is conducting a pilot project to do a comparative analysis of a variety of assessment instruments to determine the most effective tools and methods for evaluation of children. The pilot project may extend through August 31, 2001. The department shall report to the appropriate committees in the senate and house of representatives by September 30, 2001, on the results of the pilot project. The department shall select an assessment instrument that can be implemented within available resources. The department shall complete statewide implementation by December 31, 2001. The department shall report to the appropriate committees in the senate and house of representatives on how the use of the selected assessment instrument has affected department policies, by no later than December 31, 2002, December 31, 2004, and December 31, 2006;

              (5) Use the assessment tool developed pursuant to subsection (4) of this section in making out-of-home placement decisions for children;

              (6) ((By region, report to the legislature on the following using aggregate data every six months beginning December 31, 2000:

              (a) The number of children evaluated during the first thirty days of placement as required in subsection (3) of this section;

              (b) The tool or tools used to evaluate children, including the content of the tool and the method by which the tool was validated;

              (c) The findings from the evaluation regarding the children's needs;

              (d) How the department used the results of the evaluation to provide services to the foster child to meet his or her needs; and

              (e) Whether and how the evaluation results assisted the department in providing appropriate services to the child, matching the child with an appropriate care provider early on in the child's placement and achieving the child's permanency plan in a timely fashion;

              (7))) Each region of the department shall make the appropriate number of referrals to the foster care assessment program to ensure that the services offered by the program are used to the extent funded pursuant to the department's contract with the program. The department shall report to the legislature by November 30, 2000, on the number of referrals, by region, to the foster care assessment program. If the regions are not referring an adequate number of cases to the program, the department shall include in its report an explanation of what action it is or has taken to ensure that the referrals are adequate;

              (((8))) (7) The department shall report to the legislature by December 15, 2000, on how it will use the foster care assessment program model to assess children as they enter out-of-home care;

              (((9))) (8) The department is to accomplish the tasks listed in subsections (4) through (((8))) (7) of this section within existing resources;

              (((10))) (9) Study and develop a comprehensive plan for the evaluation and identification of all children and youth in need of long-term care or assistance, including, but not limited to, the mentally ill, developmentally disabled, medically fragile, seriously emotionally or behaviorally disabled, and physically impaired;

              (((11))) (10) Study and develop a plan for the children and youth in need of long-term care or assistance to ensure the coordination of services between the department's divisions and between other state agencies who are involved with the child or youth;

              (((12))) (11) Study and develop guidelines for transitional services, between long-term care programs, based on the person's age or mental, physical, emotional, or medical condition; and

              (((13))) (12) Study and develop a statutory proposal for the emancipation of minors.


              Sec. 10. 2001 2nd sp.s. c 7 s 202 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILDREN AND FAMILY SERVICES PROGRAM

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $225,789,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $239,013,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $372,408,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$400,000

Public Safety and Education Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $987,000

Violence Reduction and Drug Enforcement Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$5,702,000

                            TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $844,299,000


              The appropriations in this section are subject to the following conditions and limitations:

              (1) $2,237,000 of the fiscal year 2002 general fund--state appropriation, $2,288,000 of the fiscal year 2003 general fund--state appropriation, and $1,590,000 of the general fund--federal appropriation are provided solely for the category of services titled "intensive family preservation services."

              (2) $685,000 of the general fund--state fiscal year 2002 appropriation and $701,000 of the general fund--state fiscal year 2003 appropriation are provided to contract for the operation of one pediatric interim care facility. The facility shall provide residential care for up to thirteen children through two years of age. Seventy-five percent of the children served by the facility must be in need of special care as a result of substance abuse by their mothers. The facility shall also provide on-site training to biological, adoptive, or foster parents. The facility shall provide at least three months of consultation and support to parents accepting placement of children from the facility. The facility may recruit new and current foster and adoptive parents for infants served by the facility. The department shall not require case management as a condition of the contract.

              (3) $524,000 of the general fund--state fiscal year 2002 appropriation and $536,000 of the general fund--state fiscal year 2003 appropriation are provided for up to three nonfacility-based programs for the training, consultation, support, and recruitment of biological, foster, and adoptive parents of children through age three in need of special care as a result of substance abuse by their mothers, except that each program may serve up to three medically fragile nonsubstance- abuse-affected children. In selecting nonfacility-based programs, preference shall be given to programs whose federal or private funding sources have expired or that have successfully performed under the existing pediatric interim care program.

              (4) $1,260,000 of the fiscal year 2002 general fund--state appropriation, $1,248,000 of the fiscal year 2003 general fund--state appropriation, and $4,196,000 of the violence reduction and drug enforcement account appropriation are provided solely for the family policy council and community public health and safety networks. The funding level for the family policy council and community public health and safety networks represents a 25 percent reduction below the funding level for the 1999-2001 biennium. Funding levels shall be reduced 25 percent for both the family policy council and network grants. Reductions to network grants shall be allocated so as to maintain current funding levels, to the greatest extent possible, for projects with the strongest evidence of positive outcomes and for networks with substantial compliance with contracts for network grants.

              (5) $2,215,000 of the fiscal year 2002 general fund--state appropriation, $4,394,000 of the fiscal year 2003 general fund--state appropriation, and $5,604,000 of the general fund--federal appropriation are provided solely for reducing the average caseload level per case-carrying social worker. Average caseload reductions are intended to increase the amount of time social workers spend in direct contact with the children, families, and foster parents involved with their open cases. The department shall use some of the funds provided in several local offices to increase staff that support case-carrying social workers in ways that will allow social workers to increase direct contact time with children, families, and foster parents. To achieve the goal of reaching an average caseload ratio of 1:24 by the end of fiscal year 2003, the department shall develop a plan for redeploying 30 FTEs to case-carrying social worker and support positions from other areas in the children and family services budget. The FTE redeployment plan shall be submitted to the fiscal committees of the legislature by December 1, 2001.

              (6) $1,000,000 of the fiscal year 2002 general fund--state appropriation and $1,000,000 of the fiscal year 2003 general fund-- state appropriation are provided solely for increasing foster parent respite care services that improve the retention of foster parents and increase the stability of foster placements. ((The department shall report quarterly to the appropriate committees of the legislature progress against appropriate baseline measures for foster parent retention and stability of foster placements.))

              (7) $1,050,000 of the general fund--federal appropriation is provided solely for increasing kinship care placements for children who otherwise would likely be placed in foster care. These funds shall be used for extraordinary costs incurred by relatives at the time of placement, or for extraordinary costs incurred by relatives after placement if such costs would likely cause a disruption in the kinship care placement. $50,000 of the funds provided shall be contracted to the Washington institute for public policy to conduct a study of kinship care placements. The study shall examine the prevalence and needs of families who are raising related children and shall compare services and policies of Washington state with other states that have a higher rate of kinship care placements in lieu of foster care placements. The study shall identify possible changes in services and policies that are likely to increase appropriate kinship care placements.

              (8) $3,386,000 of the fiscal year 2002 general fund--state appropriation, $7,671,000 of the fiscal year 2003 general fund--state appropriation, and $20,819,000 of the general fund--federal appropriation are provided solely for increases in the cost per case for foster care and adoption support. $16,000,000 of the general fund--federal amount shall remain unalloted until the office of financial management approves a plan submitted by the department to achieve a higher rate of federal earnings in the foster care program. That plan shall also be submitted to the fiscal committees of the legislature and shall indicate projected federal revenue compared to actual fiscal year 2001 levels. Within the amounts provided for foster care, the department shall increase the basic rate for foster care to an average of $420 per month on July 1, 2001, and to an average of $440 per month on July 1, 2002. The department shall use the remaining funds provided in this subsection to pay for increases in the cost per case for foster care and adoption support. The department shall seek to control rate increases and reimbursement decisions for foster care and adoption support cases such that the cost per case for family foster care, group care, receiving homes, and adoption support does not exceed the amount assumed in the projected caseload expenditures plus the amounts provided in this subsection.

              (9) $1,767,000 of the general fund--state appropriation for fiscal year 2002, $2,461,000 of the general fund--state appropriation for fiscal year 2003, and $1,485,000 of the general fund--federal appropriation are provided solely for rate and capacity increases for child placing agencies. Child placing agencies shall increase their capacity by 15 percent in fiscal year 2002 and 30 percent in fiscal year 2003.

              (10) The department shall provide secure crisis residential facilities across the state in a manner that: (a) Retains geographic provision of these services; and (b) retains beds in high use areas.

              (11) $125,000 of the general fund--state appropriation for fiscal year 2002 and $125,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for a foster parent retention program. This program is directed at foster parents caring for children who act out sexually, as described in House Bill No. 1525 (foster parent retention program).


              Sec. 11. 2001 2nd sp.s. c 7 s 205 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--DEVELOPMENTAL DISABILITIES PROGRAM


              (1) COMMUNITY SERVICES

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $231,693,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $242,347,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $396,151,000

Health Services Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$741,000

                            TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $870,932,000


              The appropriations in this subsection are subject to the following conditions and limitations:

              (a) The health services account appropriation and $753,000 of the general fund--federal appropriation are provided solely for health care benefits for home care workers with family incomes below 200 percent of the federal poverty level who are employed through state contracts for twenty hours per week or more. Premium payments for individual provider home care workers shall be made only to the subsidized basic health plan. Home care agencies may obtain coverage either through the basic health plan or through an alternative plan with substantially equivalent benefits.

              (b) $902,000 of the general fund--state appropriation for fiscal year 2002, $3,372,000 of the general fund--state appropriation for fiscal year 2003, and $4,056,000 of the general fund--federal appropriation are provided solely for community services for residents of residential habilitation centers (RHCs) who are able to be adequately cared for in community settings and who choose to live in those community settings. The department shall ensure that the average cost per day for all program services other than start-up costs shall not exceed $280. If the number and timing of residents choosing to move into community settings is not sufficient to achieve the RHC cottage consolidation plan assumed in the appropriations in subsection (2) of this section, the department shall transfer sufficient appropriations from this subsection to subsection (2) of this section to cover the added costs incurred in the RHCs. The department shall report to the appropriate committees of the legislature, within 45 days following each fiscal year quarter, the number of residents moving into community settings and the actual expenditures for all community services to support those residents.

              (c) $1,440,000 of the general fund--state appropriation for fiscal year 2002, $3,041,000 of the general fund--state appropriation for fiscal year 2003, and $4,311,000 of the general fund--federal appropriation are provided solely for expanded community services for persons with developmental disabilities who also have community protection issues or are diverted or discharged from state psychiatric hospitals. The department shall ensure that the average cost per day for all program services other than start-up costs shall not exceed $275. The department shall report to the appropriate committees of the legislature, within 45 days following each fiscal year quarter, the number of persons served with these additional community services, where they were residing, what kinds of services they were receiving prior to placement, and the actual expenditures for all community services to support these clients.

              (d) $1,005,000 of the general fund--state appropriation for fiscal year 2002, $2,262,000 of the general fund--state appropriation for fiscal year 2003, and $2,588,000 of the general fund--federal appropriation are provided solely for increasing case/resource management resources to improve oversight and quality of care for persons enrolled in the medicaid home and community services waiver for persons with developmental disabilities. The department shall not increase total enrollment in home and community based waivers for persons with developmental disabilities except for increases assumed in additional funding provided in subsections (b) and (c) of this section. ((Prior to submitting to the health care financing authority any additional home and community based waiver request for persons with developmental disabilities, the department shall submit a summary of the waiver request to the appropriate committees of the legislature. The summary shall include eligibility criteria, program description, enrollment projections and limits, and budget and cost effectiveness projections that distinguish the requested waiver from other existing or proposed waivers.))

              (e) $1,000,000 of the general fund--state appropriation for fiscal year 2002 and $1,000,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for employment, or other day activities and training programs, for young adults with developmental disabilities who complete their high school curriculum in 2001 or 2002. These services are intended to assist with the transition to work and more independent living. Funding shall be used to the greatest extent possible for vocational rehabilitation services matched with federal funding. In recent years, the state general fund appropriation for employment and day programs has been underspent. These surpluses, built into the carry forward level budget, shall be redeployed for high school transition services.

              (f) $369,000 of the fiscal year 2002 general fund--state appropriation and $369,000 of the fiscal year 2003 general fund--state appropriation are provided solely for continuation of the autism pilot project started in 1999.

              (g) $4,049,000 of the general fund--state appropriation for fiscal year 2002, $1,734,000 of the general fund--state appropriation for fiscal year 2003, and $5,369,000 of the general fund--federal appropriation are provided solely to increase compensation by an average of fifty cents per hour for low-wage workers providing state- funded services to persons with developmental disabilities. These funds, along with funding provided for vendor rate increases, are sufficient to raise wages an average of fifty cents and cover the employer share of unemployment and social security taxes on the amount of the wage increase. In consultation with the statewide associations representing such agencies, the department shall establish a mechanism for testing the extent to which funds have been used for this purpose, and report the results to the fiscal committees of the legislature by February 1, 2002.


              (2) INSTITUTIONAL SERVICES

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $71,977,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $69,303,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $145,641,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,230,000

                            TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $297,151,000


              The appropriations in this subsection are subject to the following conditions and limitations: Pursuant to RCW 71A.12.160, if residential habilitation center capacity is not being used for permanent residents, the department may make residential habilitation center vacancies available for respite care and any other services needed to care for clients who are not currently being served in a residential habilitation center and whose needs require staffing levels similar to current residential habilitation center residents. Providing respite care shall not impede the department's ability to consolidate cottages as assumed in the appropriations in this subsection.


              (3) PROGRAM SUPPORT

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,601,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,623,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,413,000

                            TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,637,000


              The appropriations in this subsection are subject to the following conditions and limitations: $50,000 of the fiscal year 2002 general fund--state appropriation and $50,000 of the fiscal year 2003 general fund--state appropriation are provided solely for increasing the contract amount for the southeast Washington deaf and hard of hearing services center due to increased workload.


              (4) SPECIAL PROJECTS

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11,995,000


              Sec. 12. 2001 2nd sp.s. c 7 s 207 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ECONOMIC SERVICES PROGRAM

General Fund--State Appropriation (FY 2002). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $436,440,000

General Fund--State Appropriation (FY 2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $424,870,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,356,351,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $31,788,000

                            TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,249,449,000


              The appropriations in this section are subject to the following conditions and limitations:

              (1) $282,081,000 of the general fund--state appropriation for fiscal year 2002, $278,277,000 of the general fund--state appropriation for fiscal year 2003, $1,254,197,000 of the general fund--federal appropriation, and $29,352,000 of the general fund--local appropriation are provided solely for the WorkFirst program and child support operations. WorkFirst expenditures include TANF grants, diversion services, subsidized child care, employment and training, other WorkFirst related services, allocated field services operating costs, and allocated economic services program administrative costs. Within the amounts provided in this subsection, the department shall:

              (a) Continue to implement WorkFirst program improvements that are designed to achieve progress against outcome measures specified in RCW 74.08A.410. Valid outcome measures of job retention and wage progression shall be developed ((and reported quarterly to appropriate fiscal and policy committees of the legislature for families who leave assistance, measured after 12 months, 24 months, and 36 months)). An increased attention to job retention and wage progression is necessary to emphasize the legislature's goal that the WorkFirst program succeed in helping recipients gain long-term economic independence and not cycle on and off public assistance. ((The wage progression measure shall report the median percentage increase in quarterly earnings and hourly wage after 12 months, 24 months, and 36 months. The wage progression report shall also report the percent with earnings above one hundred percent and two hundred percent of the federal poverty level. The report shall compare former WorkFirst participants with similar workers who did not participate in WorkFirst. The department shall also report the percentage of families who have returned to temporary assistance for needy families after 12 months, 24 months, and 36 months.))

              (b) Develop informational materials that educate families about the difference between cash assistance and work support benefits. These materials must explain, among other facts, that the benefits are designed to support their employment, that there are no time limits on the receipt of work support benefits, and that immigration or residency status will not be affected by the receipt of benefits. These materials shall be posted in all community service offices and distributed to families. Materials must be available in multiple languages. When a family leaves the temporary assistance for needy families program, receives cash diversion assistance, or withdraws a temporary assistance for needy families application, the department of social and health services shall educate them about the difference between cash assistance and work support benefits and offer them the opportunity to begin or to continue receiving work support benefits, so long as they are eligible. The department shall provide this information through in-person interviews, over the telephone, and/or through the mail. Work support benefits include food stamps, medicaid for all family members, medicaid or state children's health insurance program for children, and child care assistance. ((The department shall report annually to the legislature the number of families who have had exit interviews, been reached successfully by phone, and been sent mail. The report shall also include the percentage of families who elect to continue each of the benefits and the percentage found ineligible by each substantive reason code. A substantive reason code shall not be "other." The report shall identify barriers to informing families about work support benefits and describe existing and future actions to overcome such barriers.))

              (c) From the amounts provided in this subsection, provide $50,000 from the general fund--state appropriation for fiscal year 2002 and $50,000 from the general fund--state appropriation for fiscal year 2003 to the Washington institute for public policy for continuation of the WorkFirst evaluation database.

              (d) Submit a report by December 1, 2001, to the fiscal committees of the legislature containing a spending plan for the WorkFirst program. The plan shall identify how spending levels in the 2001-2003 biennium will be adjusted by June 30, 2003, to be sustainable within available federal grant levels and the carryforward level of state funds.

              (2) $48,341,000 of the general fund--state appropriation for fiscal year 2002 and $48,341,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for cash assistance and other services to recipients in the general assistance--unemployable program. Within these amounts, the department may expend funds for services that assist recipients to reduce their dependence on public assistance, provided that expenditures for these services and cash assistance do not exceed the funds provided.

              (3) $5,632,000 of the general fund--state appropriation for fiscal year 2002 and $5,632,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the food assistance program for legal immigrants. The level of benefits shall be equivalent to the benefits provided by the federal food stamp program.

              (4) $48,000 of the general fund--state appropriation for fiscal year 2002 is provided solely to implement chapter 111, Laws of 2001 (veterans/Philippines).

              (5) The department shall apply the provisions of RCW 74.04.005(10) to simplify resource eligibility policy, make such policy consistent with other federal public assistance programs, and achieve the budgetary savings assumed in this section.


              NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:

              (1) RCW 71.24.820 (Mental health system review--Implementation of status reports) and 2001 c 334 s 3; and

              (2) RCW 71.24.830 (Mental health system review--Content of status reports) and 2001 c 334 s 4."


              Renumber the remaining section consecutively, correct any internal references accordingly, and correct the title.


             Representatives Orcutt and Kagi 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 Orcutt, Kagi and Sommers spoke in favor of passage of the bill.


MOTIONS


             On motion of Representative Clements, Representatives Mastin and Mielke were excused. On motion of Representative Santos, Representative Edwards was excused.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1561.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 1561 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, 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, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Edwards, Mastin and Mielke - 3.


             ENGROSSED HOUSE BILL NO. 1561, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1845, By Representatives Newhouse, Schual-Berke, Benson, Kirby, Linville, Moeller, Chase, Bush, Upthegrove, Veloria, McIntire, Skinner, Mielke and Rockefeller


             Exempting bank account, social security, and credit card numbers from public disclosure.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1845 was substituted for House Bill No. 1845 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1845 was read the second time.


             Representative Nixon moved the adoption of amendment (193):


              On page 9, line 21, after "that" strike "contain the veteran's social security number and"


              On page 9, beginning on line 26, after "records" strike all words through "copying" on line 30.


              On page 9, line 33, after "that" strike "contain the veteran's social security number and"


              On page 10, beginning on line 3, after "records" strike all words through "copying" on line 6


              On page 10, line 8, after "are" strike "((not public records, but will be))" and insert "not public records, but will be"


              On page 10, beginning on line 13, strike all words starting with "until" through "copying" on line 16


             Representatives Nixon and Haigh 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 Newhouse and Haigh spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1845.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1845 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, 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, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Edwards, Mastin and Mielke - 3.


             ENGROSSED SUBSTITUTE HOUSE BILL NO. 1845, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1722, By Representatives Gombosky and Cairnes


             Limiting the taxability of certain internet transactions.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1722 was substituted for House Bill No. 1722 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1722 was read the second time.


             With the consent of the House, amendment (165) was withdrawn.


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


             Representatives Gombosky and Cairnes spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1722.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1722 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, 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, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Edwards, Mastin and Mielke - 3.


             SUBSTITUTE HOUSE BILL NO. 1722, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 2045, By Representatives Haigh, Armstrong and Miloscia


             Establishing a work group to evaluate creating a centralized identification number system.


             The bill was read the second time.


             With the consent of the House, amendments (162) and (176) were withdrawn.


             Representative Haigh moved the adoption of amendment (091):


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. (1) The legislature finds that agencies frequently maintain data warehouses that contain various information regarding persons who do business with, provide services to, and receive services from the state. The legislature further finds that instances exist where the accurate and timely exchange of data among agencies would be to the benefit of Washington citizens. Therefore, the office of financial management shall convene a common data definition work group to evaluate the feasibility and challenges of creating a common data definition for the state. The work group shall include consideration of all instances in which state agencies collect uniquely identifying information regarding persons and businesses that provide services to the state, receive services from the state, file claims with or against the state, receive benefits from the state, enter into contracts with the state, make payments to the state, or otherwise conduct business with the state.

              (2) The common data definition work group shall include at least one representative from at least the following state agencies:

              (a) The office of financial management;

              (b) The department of social and health services;

              (c) The department of revenue;

              (d) The department of labor and industries;

              (e) The health care authority;

              (f) The employment security department;

              (g) The higher education coordinating board;

              (h) The department of corrections;

              (i) The department of personnel;

              (j) The department of retirement systems;

              (k) The department of financial institutions;

              (l) The department of licensing;

              (m) The department of health;

              (n) The department of veterans affairs;

              (o) The department of information services;

              (p) The office of superintendent of public instruction;

              (q) The office of the secretary of state;

              (r) The department of community, trade, and economic development;

              (s) The department of fish and wildlife;

              (t) The office of the state auditor; and

              (u) The work force training and education coordinating board.

              (3) The office of financial management shall facilitate and provide staff support to the common data definition work group. The common data definition work group must examine the following topics:

              (a) The manual or automated system that each agency uses to collect, store, and exchange uniquely identifying information;

              (b) The information associated with each record, including personally identifying information;

              (c) The requirements and procedures provided in state and federal law to protect privacy and to prevent the unauthorized release of information;

              (d) The processes each agency has in place to prevent the unauthorized release of information;

              (e) The processes each agency has in place to lawfully exchange information with other state agencies, local government agencies, the federal government, and other authorized parties;

              (f) The challenges of creating a common data definition;

              (g) The challenges of maintaining data integrity and accuracy when sharing or exchanging data; and

              (h) The processes necessary to ensure that the information associated with each individual or business is only accessible to those persons authorized to have access.

              (4) The common data definition work group shall issue a progress report to the appropriate standing committees of the legislature no later than January 31, 2004. The report shall include findings and recommendations on the feasibility of creating and maintaining a common data definition, whether to create such a definition and, if so, how to create the definition.

              (5) This section expires December 31, 2004."


             Representative Talcott moved the adoption of amendment (179) to amendment (091):


              On page 3 of the striking amendment, line 1, after "(4)" insert "The common data definition work group shall provide at least seven days' notice of the date, time, location, and agenda of each meeting to every member of the house of representatives and the senate. Notice must be mailed to the Olympia office and, where applicable, to the district office of every member of the house of representatives and the senate."


             Representatives Talcott and Haigh spoke in favor of the adoption of the amendment to the amendment.


             The amendment to the amendment was adopted.


             The question before the House was the adoption of amendment (091) as amended.


             Representatives Haigh, Armstrong and Alexander spoke in favor of the amendment (091) as amended.


             The amendment as amended was adopted. The bill was ordered engrossed.


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


             Representatives Haigh, Armstrong, Haigh (again) and Hunt spoke in favor of passage of the bill.


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


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 2045.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2045 and the bill passed the House by the following vote: Yeas - 85, Nays - 10, Absent - 0, Excused - 3.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Chase, Clements, 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, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Orcutt, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 85.

             Voting nay: Representatives Carrell, Chandler, Condotta, Hinkle, Holmquist, Kristiansen, McMahan, Newhouse, Pearson and Talcott - 10.

             Excused: Representatives Edwards, Mastin and Mielke - 3.


             ENGROSSED HOUSE BILL NO. 2045, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1698, By Representatives Cooper, Anderson, Wood, Jarrett, O'Brien, Murray, Upthegrove, Pflug and Dunshee


             Concerning the distribution and use of funds provided to off-road vehicle and nonhighway road recreational activities.


             The bill was read the second time. There being no objection, Second Substitute House Bill No. 1698 was substituted for House Bill No. 1698 and the second substitute bill was placed on the second reading calendar.


             SECOND SUBSTITUTE HOUSE BILL NO. 1698 was read the second time.


             Representative Hinkle moved the adoption of amendment (188):


              On page 5, beginning on line 15, strike all of subsection (3) of section 2


              On page 6, after line 3, insert the following:

              "Sec. 4. RCW 46.09.020 and 1986 c 206 s 1 are each amended to read as follows:

              As used in this chapter the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context otherwise clearly indicates:

              "Person" means any individual, firm, partnership, association, or corporation.

              "Nonhighway vehicle" means any motorized vehicle when used for recreation travel on trails and nonhighway roads or for recreation cross-country travel on any one of the following or a combination thereof: Land, water, snow, ice, marsh, swampland, and other natural terrain. Such vehicles include but are not limited to, off-road vehicles, two, three, or four-wheel vehicles, motorcycles, four-wheel drive vehicles, dune buggies, amphibious vehicles, ground effects or air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind.

              Nonhighway vehicle does not include:

              (1) Any vehicle designed primarily for travel on, over, or in the water;

              (2) Snowmobiles or any military vehicles; or

              (3) Any vehicle eligible for a motor vehicle fuel tax exemption or rebate under chapter 82.36 RCW while an exemption or rebate is claimed. This exemption includes but is not limited to farm, construction, and logging vehicles.

              "Off-road vehicle" or "ORV" means any nonhighway vehicle when used for cross-country travel on trails or on any one of the following or a combination thereof: Land, water, snow, ice, marsh, swampland and other natural terrain.

              "ORV use permit" means a permit issued for operation of an off-road vehicle under this chapter.

              "ORV trail" means a multiple-use corridor designated and maintained for recreational travel by off-road vehicles that is not normally suitable for travel by conventional two-wheel drive vehicles and is posted or designated by the managing authority of the property that the trail traverses as permitting ORV travel.

              "ORV use area" means the entire area of a parcel of land except for camping and approved buffer areas that is posted or designated for ORV use in accordance with rules adopted by the managing authority.

              "ORV recreation facility" includes ORV trails and ORV use areas.

              "Owner" means the person other than the lienholder, having an interest in or title to a nonhighway vehicle, and entitled to the use or possession thereof.

              "Operator" means each person who operates, or is in physical control of, any nonhighway vehicle.

              "Dealer" means a person, partnership, association, or corporation engaged in the business of selling off-road vehicles at wholesale or retail in this state.

              "Department" means the department of licensing.

              "Hunt" means any effort to kill, injure, capture, or purposely disturb a wild animal or wild bird.

              "Nonhighway road" means any road owned or managed by a public agency, or any private road for which the owner has granted a permanent easement for public use of the road, other than a highway generally capable of travel by a conventional two-wheel drive passenger automobile during most of the year and in use by such vehicles and that is not built or maintained with appropriations from the motor vehicle fund.

              "Highway," for the purpose of this chapter only, means the entire width between the boundary lines of every way publicly maintained by the state department of transportation or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right.

              "Organized competitive event" means any competition, advertised in advance through written notice to organized clubs or published in local newspapers, sponsored by recognized clubs, and conducted at a predetermined time and place.


              Sec. 5. RCW 46.09.170 and 1995 c 166 s 9 are each amended to read as follows:

              (1) From time to time, but at least once each year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW, based on the tax rate in effect January 1, 1990, less proper deductions for refunds and costs of collection as provided in RCW 46.68.090. The treasurer shall place these funds in the general fund as follows:

              (a) Forty percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for planning, maintenance, and management of ORV recreation facilities, nonhighway roads, and nonhighway road recreation facilities. The funds under this subsection shall be expended in accordance with the following limitations:

              (i) Not more than five percent may be expended for information programs under this chapter;

              (ii) Not less than ten percent and not more than fifty percent may be expended for ORV recreation facilities;

              (iii) Not more than twenty-five percent may be expended for maintenance of nonhighway roads;

              (iv) Not more than fifty percent may be expended for nonhighway road recreation facilities;

              (v) Ten percent shall be transferred to the interagency committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of natural resources maintains ORV facilities. This amount is in addition to those distributions made by the interagency committee for outdoor recreation under (d)(i) of this subsection;

              (b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of fish and wildlife solely for the acquisition, planning, development, maintenance, and management of nonhighway roads and recreation facilities;

              (c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the maintenance and management of ORV use areas and facilities; and

              (d) Fifty-four and one-half percent, together with the funds received by the interagency committee for outdoor recreation under RCW 46.09.110, shall be credited to the nonhighway and off-road vehicle activities program account to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV recreation facilities and nonhighway road recreation facilities; ORV user education and information; and ORV law enforcement programs. The funds under this subsection shall be expended in accordance with the following limitations:

              (i) Not more than twenty percent may be expended for ORV education, information, and law enforcement programs under this chapter;

              (ii) Not less than an amount equal to the funds received by the interagency committee for outdoor recreation under RCW 46.09.110 and not more than sixty percent may be expended for ORV recreation facilities;

              (iii) Not more than twenty percent may be expended for nonhighway road recreation facilities.

              (2) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.


              Sec. 6. RCW 46.09.280 and 1986 c 206 s 13 are each amended to read as follows:

              The interagency committee for outdoor recreation shall establish a committee of nonhighway road recreationists, including representatives of organized ORV groups, to provide advice regarding the administration of this chapter. Only representatives of organized ORV groups may be voting members of the committee with respect to expenditure of funds received under RCW 46.09.110.


              NEW SECTION. Sec. 7. Sections 1 through 3 of this act expire July 31, 2005. Sections 4 through 6 of this act take effect July 31, 2005."


              Correct the title.


             Representatives Hinkle and DeBolt spoke in favor of the adoption of the amendment.


             Representative Cooper spoke against the adoption of the amendment.


             The amendment was not adopted.


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


             Representatives Cooper, Upthegrove, Romero and Carrell spoke in favor of passage of the bill.


             Representatives Sump, Ericksen, Delvin, Alexander, DeBolt, Hinkle and Sump (again) spoke against the passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 1698.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1698 and the bill passed the House by the following vote: Yeas - 57, Nays - 38, Absent - 0, Excused - 3.

             Voting yea: Representatives Anderson, Benson, Berkey, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pettigrew, Pflug, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Sump, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 57.

             Voting nay: Representatives Ahern, Alexander, Armstrong, Bailey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hatfield, Hinkle, Holmquist, Kessler, Kristiansen, McDonald, McMahan, McMorris, Newhouse, Orcutt, Pearson, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Talcott and Woods - 38.

             Excused: Representatives Edwards, Mastin and Mielke - 3.


             SECOND SUBSTITUTE HOUSE BILL NO. 1698, having received the necessary constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


             I intended to vote NAY on SECOND SUBSTITUTE HOUSE BILL NO. 1698.


BOB SUMP, 7th District


             HOUSE BILL NO. 1808, By Representatives Kenney, Cox, Fromhold, Priest, Berkey, Jarrett, Gombosky, Morrell, Chase, McCoy and Lantz


             Requiring standards of review before changing lines of instruction at research universities.


             The bill was read the second time.


             With the consent of the House, amendments (101) was withdrawn.


             Representative Kenney moved the adoption of amendment (151):


              On page 2, line 6, after "shall" strike "require the institution to submit the following information" and insert "conduct an independent analysis using information from a variety of sources"


              On page 2, line 8, after "program" insert ", including but not limited to information submitted by the institution. Such information shall include"


              On page 2, line 12, after "(b)" strike all material through "place" on line 15 and insert "The feasibility of using existing public or private capacity for the program and comparisons of the state cost of providing existing and proposed capacity. Any institution that offers programs under this section shall comply with all applicable state rules and regulations"


             Representatives Kenney and Cox 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 Kenney and Cox spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1808.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 1808 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, 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, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 95.

             Excused: Representatives Edwards, Mastin and Mielke - 3.


             ENGROSSED HOUSE BILL NO. 1808, having received the necessary constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5044, By Senate Committee on Government Operations & Elections (originally sponsored by Senators Rasmussen, Roach, Winsley, Kastama and Schmidt)


             Giving notice of the termination of a tenancy.


             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 Lantz, Carrell, McCoy, McDonald, McMahan, Morrell, Ahern and Cairnes spoke in favor of passage of the bill.


MOTION


             On motion of Representative Clements, Representative Boldt was excused.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5044.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5044 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, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

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


             SUBSTITUTE SENATE BILL NO. 5044, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1645, By Representatives Kessler, Skinner, Edwards, Lantz, Moeller, Kirby, Kenney, Lovick, O'Brien, Kagi, Simpson, McCoy, Cody, Ruderman, Flannigan, Upthegrove, Pettigrew, Clibborn, McDermott, Dickerson, Hudgins, Schual-Berke, Santos, Conway, Sullivan, Morrell and Darneille


             Addressing protection of victims of domestic violence, sexual assault, or stalking in the rental of housing.


             The bill was read the second time.


             With the consent of the House, amendments (075), (167), (170), (171), (172) and (190) were withdrawn.


             Representative Kessler moved the adoption of amendment (206):


              Beginning on page 2, line 7, strike all of sections 2 and 3 and insert the following:


              "NEW SECTION. Sec. 2 A new section is added to chapter 59.18 RCW to read as follows:

              The definitions in this section apply throughout this section and sections 3 through 5 of this act unless the context clearly requires otherwise.

              (1) "Domestic violence" has the same meaning as set forth in RCW 26.50.010.

              (2) "Sexual assault" has the same meaning as set forth in RCW 70.125.030.

              (3) "Stalking" has the same meaning as set forth in RCW 9A.46.110.

              (4) "Qualified third party" means any of the following people acting in their official capacity:

              (a) Law enforcement officers;

              (b) Persons subject to the provisions of chapter 18.120 RCW;

              (c) Employees of a court of the state;

              (d) Licensed mental health professionals or other licensed counselors;

              (e) Employees of crime victim/witness programs as defined in RCW 7.69.020 who are trained advocates for the program; and

              (f) Members of the clergy as defined in RCW 26.44.020.

              (5) "Household member" means a child or adult residing with the tenant other than the perpetrator of domestic violence, stalking, or sexual assault.

              (6) "Tenant screening service provider" means any nongovernmental agency that provides, for a fee, background information on prospective tenants to landlords.

              (7) "Credit reporting agency" has the same meaning as set forth in RCW 19.182.010(5).


              NEW SECTION. Sec. 3 A new section is added to chapter 59.18 RCW to read as follows:

              (1)(a) If a tenant notifies the landlord in writing that he or she or a household member was a victim of an act that constitutes a crime of domestic violence, sexual assault, or stalking, and either (a)(i) or (ii) of this subsection applies, then subsection (2) of this section applies:

               (i) The tenant or the household member has a valid order for protection under one or more of the following: Chapters 26.50 or 26.26 RCW or RCW 9A.46.040, 9A.46.050, 10.14.080, 10.99.040 (2) or (3), or 26.09.050; or

              (ii) The tenant or the household member has reported the domestic violence, sexual assault, or stalking to a qualified third party acting in his or her official capacity and the qualified third party has provided the tenant or the household member a written record of the report signed by the qualified third party.

              (b) When a copy of a valid order for protection or a written record of a report signed by a qualified third party, as required under (a) of this subsection, is made available to the landlord, the tenant may terminate the rental agreement and quit the premises without further obligation under the rental agreement or under chapter 59.12 RCW. However, the request to terminate the rental agreement must occur within ninety days of the reported act, event, or circumstance that gave rise to the protective order or report to a qualified third party. A record of the report to a qualified third party shall consist of a document signed and dated by the qualified third party stating: (i) That the tenant or the household member notified him or her that he or she was a victim of an act or acts that constitute a crime of domestic violence, sexual assault, or stalking; (ii) the time and date the act or acts occurred; (iii) the location where the act or acts occurred; (iv) a brief description of the act or acts of domestic violence, sexual assault, or stalking; and (v) that the tenant or household member informed him or her of the name of the alleged perpetrator of the act or acts. The record of the report shall not include the name of the alleged perpetrator of the act or acts of domestic violence, sexual assault, or stalking. The record of the report to a qualified third party may be accomplished by completion of a form provided by the qualified third party, in substantially the following form:


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

[Name of organization, agency, clinic, professional service provider]

I and/or my . . . . . . (household member) am/is a victim of

 

. . . domestic violence as defined by RCW 26.50.010.

 

. . . sexual assault as defined by RCW 70.125.030.

 

. . . stalking as defined by RCW 9A.46.110.

Briefly describe the incident of domestic violence, sexual assault or stalking: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The incident(s) that I rely on in support of this declaration occurred on the following date(s) and time(s): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and at the following location(s): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The incident(s) that I rely on in support of this declaration were committed by the following person(s): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I state under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Dated at . . . . . . . . . . (city) . ., Washington, this . . . day of . . . ., 20. ..

 

 

. . . . . . . . . . . . . . . . . . . . . . . . 

Signature of Tenant or Household Member

 

I verify that I have provided to the person whose signature appears above the statutes cited in RCW 59.18.--- (section 3 of this act) and that the individual was a victim of an act that constitutes a crime of domestic violence, sexual assault, or stalking, and that the individual informed me of the name of the alleged perpetrator of the act. Dated this . . . day of . . . ., 20. ..

 

 

. . . . . . . . . . . . . . . . . . . . . . . . 

Signature of authorized officer/employee of (Organization, agency, clinic, professional service provider)

 


              (2) A tenant who terminates a rental agreement under this section is discharged from the payment of rent for any period following the last day of the month of the quitting date. The tenant shall remain liable for the rent for the month in which he or she terminated the rental agreement unless the termination is in accordance with RCW 59.18.200(1). Notwithstanding lease provisions that allow for forfeiture of a deposit for early termination, a tenant who terminates under this section is entitled to the return of the full deposit, subject to RCW 59.18.020 and 59.18.280. Other tenants who are parties to the rental agreement, except household members who are the victims of sexual assault, stalking, or domestic violence, are not released from their obligations under the rental agreement or other obligations under this chapter.

              (3) The provision of verification of a report under subsection (1)(b) of this section does not waive the confidential or privileged nature of the communication between a victim of domestic violence, sexual assault, or stalking with a qualified third party pursuant to RCW 5.60.060, 70.123.075, or 70.125.065. No record or evidence obtained from such disclosure may be used in any civil, administrative, or criminal proceeding against the victim unless a written waiver of applicable evidentiary privilege is obtained, except that the verification itself, and no other privileged information, under subsection (1)(b) of this section may be used in civil proceedings brought under this section."


             Representative Carrell moved the adoption of amendment (210) to amendment (206):


              On page 2, line 28 of the amendment, after "party" insert "that is provided to the tenant or household member"


              On page 2, line 37 of the amendment, after "report" insert "provided to the tenant or household member"


              On page 3, line 1 of the amendment, after "stalking." insert "The qualified third party shall keep a copy of the record of the report and shall note on the retained copy the name of the alleged perpetrator of the act or acts of domestic violence, sexual assault, or stalking."


             Representatives Carrell and Kessler spoke in favor of the adoption of the amendment to the amendment.


             The amendment was adopted.


             The question before the House was the adoption of amendment (206) as amended.


             Representatives Kessler and Carrell spoke in favor of the adoption of the amendment as amended.


             The amendment as amended was adopted.


             Representative Cairnes moved the adoption of amendment (130):


              On page 6, after line 13, insert the following:


              "Sec. 7. RCW 59.18.130 and 1998 c 276 s 2 are each amended to read as follows:

              Each tenant shall pay the rental amount at such times and in such amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obligations imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances, and regulations, and in addition shall:

              (1) Keep that part of the premises which he or she occupies and uses as clean and sanitary as the conditions of the premises permit;

              (2) Properly dispose from his or her dwelling unit all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by the tenant;

              (3) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord;

              (4) Not intentionally or negligently destroy, deface, damage, impair, or remove any part of the structure or dwelling, with the appurtenances thereto, including the facilities, equipment, furniture, furnishings, and appliances, or permit any member of his or her family, invitee, licensee, or any person acting under his or her control to do so. Violations may be prosecuted under chapter 9A.48 RCW if the destruction is intentional and malicious;

              (5) Not permit a nuisance or common waste;

              (6) Not engage in drug-related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone else to engage in drug-related activity at the rental premises with the knowledge or consent of the tenant. "Drug-related activity" means that activity which constitutes a violation of chapter 69.41, 69.50, or 69.52 RCW;

              (7) Maintain the smoke detection device in accordance with the manufacturer's recommendations, including the replacement of batteries where required for the proper operation of the smoke detection device, as required in RCW 48.48.140(3);

              (8) Not engage in any activity at the rental premises that is:

              (a) Imminently hazardous to the physical safety of other persons on the premises; and

              (b)(i) Entails physical assaults upon another person which result in an arrest; or

              (ii) Entails the unlawful use of a firearm or other deadly weapon as defined in RCW 9A.04.110 which results in an arrest, including threatening another tenant or the landlord with a firearm or other deadly weapon under RCW 59.18.352. Nothing in this subsection (8) shall authorize the termination of tenancy and eviction of the victim of a physical assault or the victim of the use or threatened use of a firearm or other deadly weapon;

              (9) Not engage in any gang-related activity at the premises, as defined in RCW 59.18.030, or allow another to engage in such activity at the premises, that renders people in at least two or more dwelling units or residences insecure in life or the use of property or that injures or endangers the safety or health of people in at least two or more dwelling units or residences. In determining whether a tenant is engaged in gang-related activity, a court should consider the totality of the circumstances, including factors such as whether there have been a significant number of complaints to the landlord about the tenant's activities at the property, damages done by the tenant to the property, including the property of other tenants or neighbors, harassment or threats made by the tenant to other tenants or neighbors that have been reported to law enforcement agencies, any police incident reports involving the tenant, and the tenant's criminal history; ((and))

              (10) Not engage in any act of domestic violence as defined in RCW 26.50.010 against another tenant or household member of the same rental dwelling unit that results in an arrest. This subsection does not authorize the termination of tenancy and eviction of the victim of an act of domestic violence; and

              (11) Upon termination and vacation, restore the premises to their initial condition except for reasonable wear and tear or conditions caused by failure of the landlord to comply with his or her obligations under this chapter: PROVIDED, That the tenant shall not be charged for normal cleaning if he or she has paid a nonrefundable cleaning fee.


              Sec. 8. RCW 59.18.180 and 1998 c 276 s 3 are each amended to read as follows:

              (1) If the tenant fails to comply with any portion of RCW 59.18.130 or 59.18.140, and such noncompliance can substantially affect the health and safety of the tenant or other tenants, or substantially increase the hazards of fire or accident that can be remedied by repair, replacement of a damaged item, or cleaning, the tenant shall comply within thirty days after written notice by the landlord specifying the noncompliance, or, in the case of emergency as promptly as conditions require. If the tenant fails to remedy the noncompliance within that period the landlord may enter the dwelling unit and cause the work to be done and submit an itemized bill of the actual and reasonable cost of repair, to be payable on the next date when periodic rent is due, or on terms mutually agreed to by the landlord and tenant, or immediately if the rental agreement has terminated. Any substantial noncompliance by the tenant of RCW 59.18.130 or 59.18.140 shall constitute a ground for commencing an action in unlawful detainer in accordance with the provisions of chapter 59.12 RCW, and a landlord may commence such action at any time after written notice pursuant to such chapter. The tenant shall have a defense to an unlawful detainer action filed solely on this ground if it is determined at the hearing authorized under the provisions of chapter 59.12 RCW that the tenant is in substantial compliance with the provisions of this section, or if the tenant remedies the noncomplying condition within the thirty day period provided for above or any shorter period determined at the hearing to have been required because of an emergency: PROVIDED, That if the defective condition is remedied after the commencement of an unlawful detainer action, the tenant may be liable to the landlord for statutory costs and reasonable attorney's fees.

              (2) If drug-related activity is alleged to be a basis for termination of tenancy under RCW 59.18.130(6), 59.12.030(5), or 59.20.140(5), the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action.

              (3) If activity on the premises that creates an imminent hazard to the physical safety of other persons on the premises as defined in RCW 59.18.130(8) is alleged to be the basis for termination of the tenancy, and the tenant is arrested as a result of this activity, then the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action against the tenant who was arrested for this activity.

              (4) If gang-related activity, as prohibited under RCW 59.18.130(9), is alleged to be the basis for termination of the tenancy, then the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action in accordance with chapter 59.12 RCW, and a landlord may commence such an action at any time after written notice under chapter 59.12 RCW.

              (5) If an act of domestic violence against another tenant or household member is alleged to be the basis for termination of tenancy under RCW 59.18.130(10), and if the tenant is arrested for the act of domestic violence and the victim of the domestic violence agrees to the eviction, the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action to evict the tenant arrested for the act of domestic violence.

              (6) A landlord may not be held liable in any cause of action for bringing an unlawful detainer action against a tenant for drug-related activity, for creating an imminent hazard to the physical safety of others, for committing an act of domestic violence, or for engaging in gang-related activity that renders people in at least two or more dwelling units or residences insecure in life or the use of property or that injures or endangers the safety or health of people in at least two or more dwelling units or residences under this section, if the unlawful detainer action was brought in good faith. Nothing in this section shall affect a landlord's liability under RCW 59.18.380 to pay all damages sustained by the tenant should the writ of restitution be wrongfully sued out."


              Renumber the remaining sections consecutively, correct internal references accordingly, and correct the title.


             Representatives Cairnes, Anderson, Roach, Hankins and Cairnes (again) spoke in favor of the adoption of the amendment.


             Representatives Lantz, O'Brien and Kessler spoke against the adoption of the amendment.


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


             The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (130) to House Bill No. 1645.


ROLL CALL


             The Clerk called the roll on the adoption of amendment (130) to House Bill No. 1645, and the amendment was not adopted by the following vote: Yeas - 44, Nays - 50, Absent - 0, Excused - 4.

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

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

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


             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 Kessler, Carrell, Skinner and Cairnes spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1645.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 1645 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, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

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


             ENGROSSED HOUSE BILL NO. 1645, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1003, By Representatives Morris, Linville, Wood, Anderson, O'Brien and Sullivan


             Creating the research and technology transfer commission.


             The bill was read the second time. There being no objection, Second Substitute House Bill No. 1003 was substituted for House Bill No. 1003 and the second substitute bill was placed on the second reading calendar.


             SECOND SUBSTITUTE HOUSE BILL NO. 1003 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, Crouse and Morris (again) spoke in favor of passage of the bill.


             Representative McMahan spoke against the passage of the bill.


POINT OF ORDER


             Representative DeBolt: Representative DeBolt: "I would appreciate it if the good gentleman could keep his remarks based upon the bill and not upon the member's thoughts."


SPEAKER'S RULING


             The Speaker (Representative Lovick presiding): "The point is well taken. Representative Morris, would you please keep your remarks to the bill please."


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 1003.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1003 and the bill passed the House by the following vote: Yeas - 81, Nays - 13, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Anderson, 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, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 81.

             Voting nay: Representatives Alexander, Armstrong, Chandler, Clements, Condotta, Hinkle, Holmquist, Kristiansen, McMahan, Newhouse, Orcutt, Pearson and Sump - 13.

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


             SECOND SUBSTITUTE HOUSE BILL NO. 1003, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1223, By Representatives Dickerson, Kagi, Chase, Cody and Lovick


             Placing jurisdiction over deceased minors with the county coroner.


             The bill was read the second time. There being no objection, Second Substitute House Bill No. 1223 was substituted for House Bill No. 1223 and the second substitute bill was placed on the second reading calendar.


             SECOND SUBSTITUTE HOUSE BILL NO. 1223 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 Dickerson and Kagi spoke in favor of passage of the bill.


             Representative McMahan spoke against the passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 1223.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1223 and the bill passed the House by the following vote: Yeas - 62, Nays - 32, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Bailey, Berkey, Blake, Cairnes, 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, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pettigrew, Pflug, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 62.

             Voting nay: Representatives Ahern, Alexander, Armstrong, Benson, Buck, Bush, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, McDonald, McMahan, McMorris, Newhouse, Orcutt, Pearson, Roach, Schindler, Schoesler, Shabro, Skinner, Sump, Talcott and Woods - 32.

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


             SECOND SUBSTITUTE HOUSE BILL NO. 1223, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1481, By Representatives Sullivan, Ericksen and Veloria; by request of Department of Transportation


             Modifying relocation assistance provisions.


             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 Sullivan and Ericksen spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1481.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1481 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, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

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


             HOUSE BILL NO. 1481, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1492, By Representatives Conway, Campbell, Cody, Skinner, Darneille, Sehlin and Kenney


             Including nonprofits in the small business economic impact statement requirement.


             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 Conway spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1492.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1492 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, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

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


             HOUSE BILL NO. 1492, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1497, By Representatives O'Brien, Delvin, Mielke, Ruderman, Haigh, Ahern, Anderson, Lovick, Kagi and Kenney


             Reorganizing criminal statutes within the 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.


             Representative O'Brien spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1497.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1497 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, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

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


             HOUSE BILL NO. 1497, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1503, By Representatives Miloscia, O'Brien, Haigh, Lantz, Lovick, Moeller, Upthegrove and Anderson


             Encouraging the office of the administrator for the courts to conduct performance audits.


             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, Sehlin and Benson spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1503.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1503 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, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

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


             HOUSE BILL NO. 1503, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1512, By Representatives Cox, Fromhold, Sump, Schoesler, Hatfield, Ahern, Clements and Armstrong


             Allowing special hunts to reduce crop damage caused by wildlife.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1512 was substituted for House Bill No. 1512 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1512 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 Cox and Cooper spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1512.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1512 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, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

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


             SUBSTITUTE HOUSE BILL NO. 1512, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1526, By Representatives Linville, Armstrong, Haigh, Morris, Cooper, Mastin, Gombosky, Delvin, Grant, Schoesler, Sullivan, Chandler and Schual-Berke


             Revising provisions relating to cost-reimbursement agreements between state agencies and permit applicants.


             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 Linville spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1526.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1526 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, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

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


             HOUSE BILL NO. 1526, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1579, By Representatives O'Brien, Delvin, Kagi, Mastin, Sullivan and Wood


             Decriminalizing "fine only" criminal statutes.


             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 O'Brien spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1579.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1579 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, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

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


             HOUSE BILL NO. 1579, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1584, By Representatives Lantz, Carrell, Flannigan and Campbell; by request of Administrative Office of the Courts


             Changing provisions relating to the administrative office of the courts.


             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 Lantz and Carrell spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1584.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1584 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, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

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


             HOUSE BILL NO. 1584, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1677, By Representatives Shabro, Newhouse, Bailey, Roach, Bush, Boldt, Chandler, Linville, Quall and McDermott


             Authorizing a county to exempt certain property used in agriculture from taxation.


             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 Shabro, Gombosky, Newhouse, Clements, Bush, Morrell, Armstrong and Flannigan spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1677.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1677 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, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

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


             HOUSE BILL NO. 1677, having received the necessary constitutional majority, was declared passed.


POINT OF PERSONAL PRIVILEGE


             Representative Anderson congratulated Representative Shabro on the passage of her first bill through the House, and asked the Chamber to acknowledge her accomplishment.


             HOUSE BILL NO. 1705, By Representatives Simpson, Chandler, Cooper, Newhouse, Skinner, Romero, Hankins, Hatfield, Mastin, Delvin, Lovick, Campbell, Wood, Sump, Grant, Hudgins, Dunshee, Rockefeller, Moeller and Linville


             Funding tire recycling.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1705 was substituted for House Bill No. 1705 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1705 was read the second time.


             Representative Cooper moved the adoption of amendment (197):


              On page 3, line 34, after "70.95.020" strike "(5)" and insert "(6)"


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


             The amendment was adopted. The bill was ordered engrossed.


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


             Representatives Simpson, Chandler and Cooper spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1705.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1705 and the bill passed the House by the following vote: Yeas - 72, Nays - 22, Absent - 0, Excused - 4.

             Voting yea: Representatives Anderson, Bailey, Berkey, Blake, Bush, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cooper, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Pettigrew, Pflug, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Shabro, Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 72.

             Voting nay: Representatives Ahern, Alexander, Armstrong, Benson, Buck, Cairnes, Condotta, Cox, Crouse, DeBolt, Ericksen, Holmquist, Kristiansen, McMahan, McMorris, Orcutt, Pearson, Roach, Schindler, Schoesler, Sehlin and Sump - 22.

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


             ENGROSSED SUBSTITUTE HOUSE BILL NO. 1705, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1725, By Representatives Cooper and Upthegrove


             Concerning the cost of a catch record card.


             The bill was read the second time. There being no objection, Second Substitute House Bill No. 1725 was substituted for House Bill No. 1725 and the second substitute bill was placed on the second reading calendar.


             SECOND SUBSTITUTE HOUSE BILL NO. 1725 was read the second time.


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


             Representatives Cooper and Pearson spoke in favor of passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 1725.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1725 and the bill passed the House by the following vote: Yeas - 91, Nays - 3, 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, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.

             Voting nay: Representatives Crouse, Ericksen and Kristiansen - 3.

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


             SECOND SUBSTITUTE HOUSE BILL NO. 1725, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1545, By Representatives Fromhold, Hinkle, Kagi, Kenney, Schual-Berke, Upthegrove, Chase, Cox, McDermott, Delvin, Cooper, Dickerson, Pettigrew, Hankins, Lantz, Quall, Conway, Rockefeller and Clements


             Providing for consolidation of early learning and child care programs.


             The bill was read the second time. There being no objection, Second Substitute House Bill No. 1545 was substituted for House Bill No. 1545 and the second substitute bill was placed on the second reading calendar.


             SECOND SUBSTITUTE HOUSE BILL NO. 1545 was read the second time.


             Representative DeBolt moved the adoption of amendment (149):


              On page 2, line 12, strike "coordinate" and insert "study"


              On page 3, line 7, strike "oversee" and insert "study"


              On page 4, beginning on line 20, strike all of section 4

 

              Renumber the remaining sections consecutively and correct any internal references accordingly.


              On page 5, beginning on line 33, strike all of section 6


              Renumber the remaining sections consecutively and correct any internal references accordingly.


              On page 6, line 6, strike "7" and insert "5"


             Representatives DeBolt and Talcott spoke in favor of the adoption of the amendment.


             Representative Fromhold spoke against the adoption of the amendment.


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


             The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (149) to Second Substitute House Bill No. 1545.


ROLL CALL


             The Clerk called the roll on the adoption of amendment (149) to Second Substitute House Bill No. 1545, and the amendment was not adopted by the following vote: Yeas - 45, Nays - 49, Absent - 0, Excused - 4.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Grant, Hinkle, Holmquist, Jarrett, Kristiansen, McDonald, McMahan, McMorris, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, Skinner, Sump, Talcott, Tom, Upthegrove and Woods - 45.

             Voting nay: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Simpson, Sommers, Sullivan, Veloria, Wallace, Wood and Mr. Speaker - 49.

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


             Representative Talcott moved the adoption of amendment (156):


              On page 6, line 7, after "RCW." insert:

              "NEW SECTION. Sec. 9. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2003, in the omnibus appropriations act, this act is null and void."


             Representatives Talcott and Fromhold 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 Fromhold, Kagi, Fromhold (again), Quall and Darneille spoke in favor of passage of the bill.


             Representative Sehlin, Talcott, McMahan, Ahern, Holmquist and Schoesler spoke against the passage of the bill.


             The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 1545.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1545 and the bill passed the House by the following vote: Yeas - 55, Nays - 39, Absent - 0, Excused - 4.

             Voting yea: Representatives Berkey, Blake, 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, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 55.

             Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, McDonald, McMahan, McMorris, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott and Woods - 39.

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


             ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1545, 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 2222           by Representative Ericksen


             AN ACT Relating to the Washington commerce corridor; creating new sections; and providing an expiration date.


             Referred to Committee on Transportation.

 

HB 2223           by Representatives Hunt, Alexander, Romero and Santos


             AN ACT Relating to interest on building accounts; and reenacting and amending RCW 43.84.092.


             Referred to Committee on Capital Budget.

 

SSB 5023          by Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Honeyford and Hale)


             AN ACT Relating to the construction of replacement or additional wells; and amending RCW 90.44.100.


             Referred to Committee on Agriculture & Natural Resources.

 

SSB 5025          by Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Honeyford, Mulliken and Hale)


             AN ACT Relating to water right relinquishment; amending RCW 90.14.010, 90.14.130, 90.14.160, 90.14.170, 90.14.180, and 90.14.210; and declaring an emergency.


             Referred to Committee on Agriculture & Natural Resources.

 

2SSB 5027        by Senate Committee on Ways & Means (originally sponsored by Senators Morton, Rasmussen and Hale)


             AN ACT Relating to watershed planning; amending RCW 90.82.040 and 90.82.130; adding a new section to chapter 90.82 RCW; and creating new sections.


             Referred to Committee on Agriculture & Natural Resources.

 

SSB 5028          by Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Morton and Hale)


             AN ACT Relating to water pollution; and amending RCW 90.48.010, 90.48.020, and 90.48.037.


             Referred to Committee on Agriculture & Natural Resources.

 

SB 5034            by Senators Zarelli, Winsley, McCaslin, T. Sheldon, Hale, Benton, West, Esser, Sheahan, Oke and Kohl-Welles


             AN ACT Relating to property tax relief for senior citizens and persons retired because of physical disability; and amending RCW 84.36.381, 84.36.383, and 84.38.030.


             Referred to Committee on Finance.

 

SSB 5077          by Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Honeyford, Rasmussen, Doumit, Hewitt, Swecker, Morton, Brandland, Hale and Mulliken)


             AN ACT Relating to withdrawals for stock watering; amending RCW 90.44.050; and creating a new section.


             Referred to Committee on Agriculture & Natural Resources.

 

SSB 5086          by Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Honeyford, Doumit, Hewitt, Deccio, Hale, Sheahan, Morton, Parlette, Mulliken and Rasmussen)


             AN ACT Relating to the water-related actions of the department of ecology; and adding a new section to chapter 43.21B RCW.


             Referred to Committee on Local Government.

 

E2SSB 5135     by Senate Committee on Ways & Means (originally sponsored by Senators Carlson, West, Horn, Schmidt and Rossi)


             AN ACT Relating to increased tuition fees and fees for excess credits taken at institutions of higher education; and adding a new section to chapter 28B.15 RCW.


             Referred to Committee on Higher Education.

 

SSB 5248          by Senate Committee on Highways & Transportation (originally sponsored by Senators Horn, Haugen, Prentice, Oke and Stevens)


             AN ACT Relating to transportation; amending RCW 41.06.380 and 35.84.060; adding new sections to chapter 47.28 RCW; adding a new section to chapter 49.04 RCW; adding a new section to chapter 47.01 RCW; adding a new section to chapter 47.06 RCW; adding a new section to chapter 39.12 RCW; adding a new section to chapter 36.56 RCW; adding a new section to chapter 36.57A RCW; adding a new section to chapter 46.68 RCW; adding a new section to chapter 81.112 RCW; adding a new section to chapter 36.78 RCW; creating new sections; and making an appropriation.


             Referred to Committee on Transportation.

 

SB 5282            by Senators Hargrove, Mulliken, T. Sheldon, Doumit, Benton and Zarelli


             AN ACT Relating to growth management hearings; amending RCW 36.70A.030, 36.70A.110, 36.70A.130, 36.70A.172, 36.70A.210, 36.70A.250, 36.70A.280, 36.70A.290, 36.70A.300, 36.70A.302, 36.70A.310, 36.70A.320, 36.70A.330, 36.70A.340, 36.70A.345, 36.70C.030, 34.05.518, 34.12.020, 34.12.020, 35.81.060, and 90.58.190; repealing RCW 36.70A.260, 36.70A.270, 36.70A.295, and 36.70A.305; providing an effective date; and providing an expiration date.


             Referred to Committee on Local Government.

 

SSB 5434          by Senate Committee on Commerce & Trade (originally sponsored by Senator Swecker)


             AN ACT Relating to electricians; and amending RCW 19.28.091.


             Referred to Committee on Commerce & Labor.

 

SSB 5521          by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Deccio, Rasmussen, Swecker, Haugen, Parlette, T. Sheldon, Finkbeiner, Doumit, Hale, Schmidt, Honeyford, Rossi, Morton, Sheahan, Johnson, Hewitt, Mulliken, McCaslin, Stevens, West, Shin, Zarelli, Winsley, Carlson, Esser and Oke)


             AN ACT Relating to access to health insurance for employers and their employees; amending RCW 48.21.045, 48.43.035, 48.43.045, 48.44.022, 48.44.023, 48.46.064, and 48.46.066; reenacting and amending RCW 48.43.005; and creating a new section.


             Referred to Committee on Health Care.

 

SSB 5540          by Senate Committee on Agriculture (originally sponsored by Senators Sheahan and Rasmussen)


             AN ACT Relating to seed testing and certification fees; adding a new section to chapter 15.49 RCW; providing an effective date; and declaring an emergency.


             Referred to Committee on Agriculture & Natural Resources.

 

SSB 5563          by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Deccio, Thibaudeau, Franklin and Shin; by request of Department of Social and Health Services)


             AN ACT Relating to the timing of the inspection of boarding homes; and amending RCW 18.20.110.


             Referred to Committee on Health Care.

 

SSB 5602          by Senate Committee on Land Use & Planning (originally sponsored by Senators Kline, Mulliken, Shin, Reardon, T. Sheldon, Esser, Oke, Sheahan, Hewitt, Prentice, Doumit, Keiser and Kohl-Welles)


             AN ACT Relating to accommodating housing and employment growth for local jurisdictions planning under RCW 36.70A.040; and adding a new section to chapter 36.70A RCW.


             Referred to Committee on Local Government.

 

SB 5646            by Senators Oke, Poulsen and B. Sheldon


             AN ACT Relating to incentives to increase transportation revenues by reforming laws limiting the provision of passenger-only ferry service; amending RCW 47.60.120 and 47.64.090; and creating a new section.


             Referred to Committee on Transportation.

 

SB 5654            by Senators McCaslin and Roach


             AN ACT Relating to fire protection in newly incorporated cities and towns; and amending RCW 52.04.161.


             Referred to Committee on Local Government.

 

ESSB 5680       by Senate Committee on Land Use & Planning (originally sponsored by Senators Mulliken, T. Sheldon and Morton)


             AN ACT Relating to development regulations review by counties with low population densities; and amending RCW 36.70A.130.


             Referred to Committee on Judiciary.

 

SSB 5716          by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Prentice, Winsley, Benton, Kline, McCaslin and Rasmussen)


             AN ACT Relating to crimes involving drivers' licenses and identicards; amending RCW 46.20.0921; and prescribing penalties.


             Referred to Committee on Financial Institutions & Insurance.

 

ESSB 5717       by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Winsley, Prentice and Benton)


             AN ACT Relating to possession of instruments or equipment of financial fraud; amending RCW 9A.56.280, 9A.56.290, and 9A.60.020; reenacting and amending RCW 9A.82.010, 9.94A.515, and 9.94A.515; adding new sections to chapter 9A.56 RCW; prescribing penalties; providing an effective date; and providing an expiration date.


             Referred to Committee on Financial Institutions & Insurance.

 

SSB 5719          by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Winsley, Prentice, Benton, Finkbeiner and Shin)


             AN ACT Relating to fraudulent use of a credit card scanning device; amending RCW 9A.56.280 and 9A.56.290; reenacting and amending RCW 9.94A.515 and 9.94A.515; prescribing penalties; providing an effective date; and providing an expiration date.


             Referred to Committee on Financial Institutions & Insurance.

 

SB 5769            by Senators Horn, Haugen, Swecker, Esser and Kline


             AN ACT Relating to regional transportation investment district bond authority; and amending RCW 36.120.130.


             Referred to Committee on Transportation.

 

SSB 5780          by Senate Committee on Children & Family Services & Corrections (originally sponsored by Senators Stevens, Hargrove and Shin; by request of Department of Community, Trade, and Economic Development)


             AN ACT Relating to the municipal criminal justice assistance account; amending RCW 82.14.330; and repealing RCW 82.14.335.


             Referred to Committee on Appropriations.

 

SSB 5803          by Senate Committee on Judiciary (originally sponsored by Senators Esser, Prentice and Keiser)


             AN ACT Relating to making an assault on a peace officer a most serious offense; amending RCW 9A.36.021; and prescribing penalties.


             Referred to Committee on Criminal Justice & Corrections.

 

ESSB 5850       by Senate Committee on Highways & Transportation (originally sponsored by Senators Oke, B. Sheldon, T. Sheldon, Poulsen, Kohl-Welles and McAuliffe)


             AN ACT Relating to the provision of passenger ferry service; amending RCW 47.60.120, 47.64.090, and 82.14.050; adding new sections to chapter 36.57A RCW; adding a new section to chapter 47.52 RCW; adding a new section to chapter 82.80 RCW; adding a new section to chapter 82.14 RCW; creating new sections; providing an effective date; and declaring an emergency.


             Referred to Committee on Transportation.

 

SSB 5995          by Senate Committee on Commerce & Trade (originally sponsored by Senators Honeyford and Keiser)


             AN ACT Relating to collective bargaining agreements in the construction trades concerning meal and rest periods; and amending RCW 49.12.187.


             Referred to Committee on Commerce & Labor.


             There being no objection, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.


             The Speaker assumed the chair.


SIGNED BY THE SPEAKER


             The Speaker signed:                                                                         ENGROSSED HOUSE BILL NO. 1977


             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 17, 2003, the 64th Day of the Regular Session.


FRANK CHOPP, Speaker                                                                                  CYNTHIA ZEHNDER, Chief Clerk