HJ 2003XX 001

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The House was called to order at 1:00 a.m. by the Speaker (Representative Lovick presiding). The Clerk called the roll and a quorum was present.

WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the Washington State Constitution, the Legislature adjourned its 2003 special session on June 10, 2003, the 30th day of the first special session; and

WHEREAS, substantial work needs to be done with respect to unemployment compensation reform, workers' compensation reform, tax incentives for the aerospace industry, and education;

NOW, THEREFORE, I Gary Locke, Governor of the State of Washington, by virtue of the authority vested in me by Article II, Section 12 (Amendment 68) and Article III, Section 7 of the Washington State Constitution, do hereby convene the Washington State Legislature in Special Session in Olympia immediately upon sine die of the 1st special session on Wednesday, June 11, 2003 for no more than on day for the purpose of enacting legislation as described above.

IN WITNESS WHEREOF, I have Hereunto set my hand and caused the Seal of the State of Washington to be affixed at Olympia this 11th day of June, A.D., two thousand and three.

Representative Santos demanded a call of the House and the demand was sustained.

The Speaker (Representative Lovick presiding) called upon the Sergeant at Arms to lock the Chamber doors and to escort the absent members to the floor.

With the consent of the House, Representatives Crouse, Gombosky, Mastin, Mielke, Roach, Schoesler, Sehlin and Wallace were excused.

AN ACT Relating to revising the unemployment compensation system through creating forty rate classes for determining employer contribution rates; amending RCW 50.01.010, 50.20.010, 50.20.050, 50.04.293, 50.20.060, 50.20.065, 50.20.240, 50.20.120, 50.20.100, 50.29.025, 50.04.355, 50.29.026, 50.29.062, 50.29.070, 50.12.220, 50.16.010, 50.16.015, 50.24.014, 50.20.190, 50.04.206, 50.20.140, 50.20.043, 50.20.160, 50.32.040, and 28B.50.030; reenacting and amending RCW 50.29.020; adding new sections to chapter 50.04 RCW; adding new sections to chapter 50.20 RCW; adding new sections to chapter 50.29 RCW; creating new sections; repealing RCW 50.20.015, 50.20.045, 50.20.125, and 50.29.045; providing an expiration date; and declaring an emergency.

Specifying the status of bills, memorials, and resolutions for the 2003 second special session of the fifty-eighth legislature.

There being no objection, SECOND ENGROSSED SENATE BILL NO. 6097 was read the first time, the rules were suspended and the bill was placed on the Second Reading calendar.

There being no objection, SENATE CONCURRENT RESOLUTION NO. 8414 was read the first time, the rules were suspended and the concurrent resolution was placed on the Second Reading calendar.

SENATE CONCURRENT RESOLUTION NO. 8414, By Senators Sheahan, Finkbeiner and B. Sheldon

Specifying the status of bills, memorials, and resolutions for the 2003 second special session of the fifty-eighth legislature.

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

On page 12, beginning on line 25, strike all of subsection (2) and insert the following:

"(2)(a) With respect to claims that have an effective date before January 4, 2004, an individual's weekly benefit amount shall be an amount equal to one twenty-fifth of the average quarterly wages of the individual's total wages during the two quarters of the individual's base year in which such total wages were highest.

(b) With respect to claims that have an effective date on or after January 4, 2004, an individual's weekly benefit amount shall be an amount equal to three and nine-tenths percent of the average quarterly wages of the individual's total wages during the two quarters of the individual's base year in which such total wages were highest."

Representatives Kessler, Conway, Hunt and Chopp spoke in favor of the adoption of the amendment.

Representatives Chandler, DeBolt, Benson, Clements, Anderson and Talcott spoke against the adoption of the amendment.

The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (617) to Second Engrossed Senate Bill No. 6097.

The Clerk called the roll on the adoption of amendment (617) to Second Engrossed Senate Bill No. 6097, and the amendment was adopted by the following vote: Yeas - 48, Nays - 42, Absent - 0, Excused - 8.

Voting yea: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wood and Mr. Speaker - 48.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, DeBolt, Delvin, Ericksen, Hankins, Hatfield, Hinkle, Holmquist, Jarrett, Kristiansen, McDonald, McMahan, McMorris, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Ruderman, Schindler, Shabro, Skinner, Sump, Talcott, Tom and Woods - 42.

Excused: Representatives Crouse, Gombosky, Mastin, Mielke, Roach, Schoesler, Sehlin and Wallace - 8.

Had I been present, I would have voted NAY on amendment (617) to SECOND ENGROSSED SENATE BILL NO. 6097.

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

Representatives DeBolt, Ericksen, Pflug, Armstrong, Benson, Orcutt, Ahern and Anderson 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 Engrossed Senate Bill No. 6097 as amended by the House.

The Clerk called the roll on the final passage of Second Engrossed Senate Bill No. 6097, as amended by the House, and the bill passed the House by the following vote: Yeas - 52, Nays - 38, Absent - 0, Excused - 8.

Voting yea: Representatives Berkey, Blake, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wood and Mr. Speaker - 52.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, McMahan, McMorris, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Schindler, Shabro, Skinner, Sump, Talcott, Tom and Woods - 38.

Excused: Representatives Crouse, Gombosky, Mastin, Mielke, Roach, Schoesler, Sehlin and Wallace - 8.

SECOND ENGROSSED SENATE BILL NO. 6097, as amended by the House, having received the necessary constitutional majority, was declared passed.

I intended to vote NAY on SECOND ENGROSSED SENATE BILL NO. 6097 as amended by the House. JOYCE MCDONALD, 25^th District

Had I been present, I would have voted NAY on SECOND ENGROSSED SENATE BILL NO. 6097 as amended by the House.

The Senate has passed SENATE BILL NO. 5271, and the same is herewith transmitted.

SB 5271 by Senators Honeyford, Hewitt and Parlette; by request of Department of Labor & Industries

AN ACT Relating to claims for hearing loss due to occupational noise exposure; and amending RCW 51.28.055.

There being no objection, SENATE BILL NO. 5271 was read the first time, the rules were suspended and the bill was placed on the Second Reading calendar.

SENATE BILL NO. 5271, By Senators Honeyford, Hewitt and Parlette; by request of Department of Labor & Industries

(1) Except as provided in subsection (2) of this section, claims for occupational disease or infection to be valid and compensable must be filed within two years following the date the worker had written notice from a physician: (((1))) (a) Of the existence of his or her occupational disease, and (((2))) (b) that a claim for disability benefits may be filed. The notice shall also contain a statement that the worker has two years from the date of the notice to file a claim. The physician shall file the notice with the department. The department shall send a copy to the worker and to the self-insurer if the worker's employer is self-insured. However, a claim is valid if it is filed within two years from the date of death of the worker suffering from an occupational disease.

(2)(a) Except as provided in (b) of this subsection, to be valid and compensable, claims for hearing loss due to prolonged or repeated exposure to occupational noise must be filed within the earlier of the following:

(ii) The later of two years after the date that the worker retires from the work force or one year after the effective date of this section. A worker is presumed to be retired from the work force when he or she no longer receives income, salary, or wages from any employment that is regular, continuous, and gainful.

(b) A claim for hearing loss due to prolonged or repeated exposure to occupational noise that is not timely filed under (a) of this subsection may be allowed only for medical aid benefits under chapter 51.36 RCW.

(1) When the injury to any worker is so serious as to require his or her being taken from the place of injury to a place of treatment, his or her employer shall, at the expense of the medical aid fund, or self-insurer, as the case may be, furnish transportation to the nearest place of proper treatment.

(2) Every worker whose injury results in the loss of one or more limbs or eyes shall be provided with proper artificial substitutes and every worker, who suffers an injury to an eye producing an error of refraction, shall be once provided proper and properly equipped lenses to correct such error of refraction and his or her disability rating shall be based upon the loss of sight before correction.

(3) Every worker whose accident results in damage to or destruction of an artificial limb, eye, or tooth, shall have same repaired or replaced.

(4) Every worker whose hearing aid or eyeglasses or lenses are damaged, destroyed, or lost as a result of an industrial accident shall have the same restored or replaced. The department or self-insurer shall be liable only for the cost of restoring damaged hearing aids or eyeglasses to their condition at the time of the accident.

(5)(a) All mechanical appliances necessary in the treatment of an injured worker, such as braces, belts, casts, and crutches, shall be provided and all mechanical appliances required as permanent equipment after treatment has been completed shall continue to be provided or replaced without regard to the date of injury or date treatment was completed, notwithstanding any other provision of law.

(b) The department shall assess the benefits to workers and the costs of emerging technologies in determining which hearing devices are provided to workers under this title. Such new technology shall be made available to workers requiring new or replacement devices as deemed appropriate based on the department's assessment.

(6) A worker, whose injury is of such short duration as to bring him or her within the time limit provisions of RCW 51.32.090, shall nevertheless receive during the omitted period medical, surgical, and hospital care and service and transportation under the provisions of this chapter.

(7) Whenever in the sole discretion of the supervisor it is reasonable and necessary to provide residence modifications necessary to meet the needs and requirements of the worker who has sustained catastrophic injury, the department or self-insurer may be ordered to pay an amount not to exceed the state's average annual wage for one year as determined under RCW 50.04.355, as now existing or hereafter amended, toward the cost of such modifications or construction. Such payment shall only be made for the construction or modification of a residence in which the injured worker resides. Only one residence of any worker may be modified or constructed under this subsection, although the supervisor may order more than one payment for any one home, up to the maximum amount permitted by this section.

(8)(a) Whenever in the sole discretion of the supervisor it is reasonable and necessary to modify a motor vehicle owned by a worker who has become an amputee or becomes paralyzed because of an industrial injury, the supervisor may order up to fifty percent of the state's average annual wage for one year, as determined under RCW 50.04.355, to be paid by the department or self-insurer toward the costs thereof.

(b) In the sole discretion of the supervisor after his or her review, the amount paid under this subsection may be increased by no more than four thousand dollars by written order of the supervisor.

(9) The benefits provided by subsections (7) and (8) of this section are available to any otherwise eligible worker regardless of the date of industrial injury.

(1)(a) Until July 1, 1993, for the permanent partial disabilities here specifically described, the injured worker shall receive compensation as follows:

LOSS BY AMPUTATION
Of leg above the knee joint with short thigh stump (3" or less below the tuberosity of ischium). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	$54,000.00
Of leg at or above knee joint with functional stump. . . . . . . . . . . . . . . . . . . . . . . . . . . .	48,600.00
Of leg below knee joint. . . . . . . . . . . . . . . . . . . . . . .	43,200.00
Of leg at ankle (Syme). . . . . . . . . . . . . . . . . . . . . . .	37,800.00
Of foot at mid-metatarsals. . . . . . . . . . . . . . . . . . . .	18,900.00
Of great toe with resection of metatarsal bone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	11,340.00
Of great toe at metatarsophalangeal joint. . . . . . . . .	6,804.00
Of great toe at interphalangeal joint. . . . . . . . . . . . .	3,600.00
Of lesser toe (2nd to 5th) with resection of metatarsal bone. . . . . . . . . . . . . . . . . . . . . . . . . . . . .	4,140.00
Of lesser toe at metatarsophalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	2,016.00
Of lesser toe at proximal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	1,494.00
Of lesser toe at distal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	378.00
Of arm at or above the deltoid insertion or by disarticulation at the shoulder. . . . . . . . . . . . . . .	54,000.00
Of arm at any point from below the deltoid insertion to below the elbow joint at the insertion of the biceps tendon. . . . . . . . . . . . . . . . . . . . . . . . . . . .	51,300.00
Of arm at any point from below the elbow joint distal to the insertion of the biceps tendon to and including mid-metacarpal amputation of the hand. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	48,600.00
Of all fingers except the thumb at metacarpophalangeal joints. . . . . . . . . . . . . . . . . . .	29,160.00
Of thumb at metacarpophalangeal joint or with resection of carpometacarpal bone. . . . . . . . . .	19,440.00
Of thumb at interphalangeal joint. . . . . . . . . . . . . . .	9,720.00
Of index finger at metacarpophalangeal joint or with resection of metacarpal bone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	12,150.00
Of index finger at proximal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . .	9,720.00
Of index finger at distal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	5,346.00
Of middle finger at metacarpophalangeal joint or with resection of metacarpal bone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	9,720.00
Of middle finger at proximal interphalangeal joint.	7,776.00
Of middle finger at distal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	4,374.00
Of ring finger at metacarpophalangeal joint or with resection of metacarpal bone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	4,860.00
Of ring finger at proximal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	3,888.00
Of ring finger at distal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	2,430.00
Of little finger at metacarpophalangeal joint or with resection of metacarpal bone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	2,430.00
Of little finger at proximal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	1,944.00
Of little finger at distal interphalangeal joint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	972.00
MISCELLANEOUS
Loss of one eye by enucleation. . . . . . . . . . . . . . . . .	21,600.00
Loss of central visual acuity in one eye. . . . . . . . . .	18,000.00
Complete loss of hearing in both ears. . . . . . . . . . .	43,200.00
Complete loss of hearing in one ear. . . . . . . . . . . . .	7,200.00

(b) Beginning on July 1, 1993, compensation under this subsection shall be computed as follows:

(i) Beginning on July 1, 1993, the compensation amounts for the specified disabilities listed in (a) of this subsection shall be increased by thirty-two percent; and

(ii) Beginning on July 1, 1994, and each July 1 thereafter, the compensation amounts for the specified disabilities listed in (a) of this subsection, as adjusted under (b)(i) of this subsection, shall be readjusted to reflect the percentage change in the consumer price index, calculated as follows: The index for the calendar year preceding the year in which the July calculation is made, to be known as "calendar year A," is divided by the index for the calendar year preceding calendar year A, and the resulting ratio is multiplied by the compensation amount in effect on June 30 immediately preceding the July 1st on which the respective calculation is made. For the purposes of this subsection, "index" means the same as the definition in RCW 2.12.037(1).

(c) For occupational disease claims filed on or after the effective date of this section, compensation for permanent partial disabilities for hearing loss due to prolonged or repeated exposure to occupational noise shall be paid at an amount equal to seventy-five percent of the monetary value of such disability under this section.

(2) Compensation for amputation of a member or part thereof at a site other than those specified in subsection (1) of this section, and for loss of central visual acuity and loss of hearing other than complete, shall be in proportion to that which such other amputation or partial loss of visual acuity or hearing most closely resembles and approximates. Compensation shall be calculated based on the adjusted schedule of compensation in effect for the respective time period as prescribed in subsection (1) of this section.

(3)(a) Compensation for any other permanent partial disability not involving amputation shall be in the proportion which the extent of such other disability, called unspecified disability, shall bear to the disabilities specified in subsection (1) of this section, which most closely resembles and approximates in degree of disability such other disability, and compensation for any other unspecified permanent partial disability shall be in an amount as measured and compared to total bodily impairment. To reduce litigation and establish more certainty and uniformity in the rating of unspecified permanent partial disabilities, the department shall enact rules having the force of law classifying such disabilities in the proportion which the department shall determine such disabilities reasonably bear to total bodily impairment. In enacting such rules, the department shall give consideration to, but need not necessarily adopt, any nationally recognized medical standards or guides for determining various bodily impairments.

(b) Until July 1, 1993, for purposes of calculating monetary benefits under (a) of this subsection, the amount payable for total bodily impairment shall be deemed to be ninety thousand dollars. Beginning on July 1, 1993, for purposes of calculating monetary benefits under (a) of this subsection, the amount payable for total bodily impairment shall be adjusted as follows:

(i) Beginning on July 1, 1993, the amount payable for total bodily impairment under this section shall be increased to one hundred eighteen thousand eight hundred dollars; and

(ii) Beginning on July 1, 1994, and each July 1 thereafter, the amount payable for total bodily impairment prescribed in (b)(i) of this subsection shall be adjusted as provided in subsection (1)(b)(ii) of this section.

(c) Until July 1, 1993, the total compensation for all unspecified permanent partial disabilities resulting from the same injury shall not exceed the sum of ninety thousand dollars. Beginning on July 1, 1993, total compensation for all unspecified permanent partial disabilities resulting from the same injury shall not exceed a sum calculated as follows:

(i) Beginning on July 1, 1993, the sum shall be increased to one hundred eighteen thousand eight hundred dollars; and

(ii) Beginning on July 1, 1994, and each July 1 thereafter, the sum prescribed in (b)(i) of this subsection shall be adjusted as provided in subsection (1)(b)(ii) of this section.

(4) If permanent partial disability compensation is followed by permanent total disability compensation, any portion of the permanent partial disability compensation which exceeds the amount that would have been paid the injured worker if permanent total disability compensation had been paid in the first instance, shall be deducted from the pension reserve of such injured worker and his or her monthly compensation payments shall be reduced accordingly.

(5) Should a worker receive an injury to a member or part of his or her body already, from whatever cause, permanently partially disabled, resulting in the amputation thereof or in an aggravation or increase in such permanent partial disability but not resulting in the permanent total disability of such worker, his or her compensation for such partial disability shall be adjudged with regard to the previous disability of the injured member or part and the degree or extent of the aggravation or increase of disability thereof.

(6) When the compensation provided for in subsections (1) through (3) of this section exceeds three times the average monthly wage in the state as computed under the provisions of RCW 51.08.018, payment shall be made in monthly payments in accordance with the schedule of temporary total disability payments set forth in RCW 51.32.090 until such compensation is paid to the injured worker in full, except that the first monthly payment shall be in an amount equal to three times the average monthly wage in the state as computed under the provisions of RCW 51.08.018, and interest shall be paid at the rate of eight percent on the unpaid balance of such compensation commencing with the second monthly payment. However, upon application of the injured worker or survivor the monthly payment may be converted, in whole or in part, into a lump sum payment, in which event the monthly payment shall cease in whole or in part. Such conversion may be made only upon written application of the injured worker or survivor to the department and shall rest in the discretion of the department depending upon the merits of each individual application. Upon the death of a worker all unpaid installments accrued shall be paid according to the payment schedule established prior to the death of the worker to the widow or widower, or if there is no widow or widower surviving, to the dependent children of such claimant, and if there are no such dependent children, then to such other dependents as defined by this title.

(7) Except as otherwise provided in this section, awards payable under this section are governed by the schedule in effect on the date of injury.

NEW SECTION. Sec. 4. A new section is added to chapter 51.32 RCW to read as follows:

A claim for hearing loss due to prolonged or repeated exposure to occupational noise is allowed under this title only if it otherwise satisfies the definition of occupational disease under RCW 51.08.140.

NEW SECTION. Sec. 5. Section 1 of this act applies to all claims filed on or after the effective date of this section for hearing loss due to prolonged or repeated exposure to occupational noise regardless of the date of injurious exposure."

Representatives Chandler and Clements spoke against the adoption of the amendment.

The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (613) to Senate Bill No. 5271.

The Clerk called the roll on the adoption of amendment (613) to Senate Bill No. 5271, and the amendment was not adopted by the following vote: Yeas - 39, Nays - 51, Absent - 0, Excused - 8.

Voting yea: Representatives Berkey, Blake, Campbell, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Edwards, Flannigan, Grant, Haigh, Hatfield, Hudgins, Hunt, Kagi, Kenney, Kessler, Kirby, Lantz, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Murray, Pettigrew, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sullivan, Upthegrove, Veloria and Wood - 39.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Clibborn, Condotta, Cox, DeBolt, Delvin, Dunshee, Eickmeyer, Ericksen, Fromhold, Hankins, Hinkle, Holmquist, Hunter, Jarrett, Kristiansen, Linville, McDonald, McMahan, McMorris, Morris, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pflug, Priest, Quall, Rockefeller, Schindler, Shabro, Skinner, Sommers, Sump, Talcott, Tom, Woods and Mr. Speaker - 51.

Excused: Representatives Crouse, Gombosky, Mastin, Mielke, Roach, Schoesler, Sehlin and Wallace - 8.

Had I been present, I would have voted YEA on amendment (613) to SENATE BILL NO. 5271.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5271.

The Clerk called the roll on the final passage of Senate Bill No. 5271 and the bill passed the House by the following vote: Yeas - 69, Nays - 21, Absent - 0, Excused - 8.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Clibborn, Condotta, Cox, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hunter, Jarrett, Kagi, Kessler, Kristiansen, Lantz, Linville, Lovick, McCoy, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morris, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pflug, Priest, Quall, Rockefeller, Ruderman, Schindler, Shabro, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Woods and Mr. Speaker - 69.

Voting nay: Representatives Blake, Chase, Cody, Conway, Cooper, Flannigan, Hudgins, Hunt, Kenney, Kirby, McDermott, Morrell, Murray, Pettigrew, Romero, Santos, Schual-Berke, Simpson, Upthegrove, Veloria and Wood - 21.

Excused: Representatives Crouse, Gombosky, Mastin, Mielke, Roach, Schoesler, Sehlin, and Wallace - 8.

SENATE BILL NO. 5271, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2294, By Representatives Pettigrew, Priest, Morris and Hinkle; by request of Governor Locke

Providing tax incentives for the retention and expansion of the aerospace industry in Washington state.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2294.

The Clerk called the roll on the final passage of House Bill No. 2294 and the bill passed the House by the following vote: Yeas - 79, Nays - 10, Absent - 0, Excused - 9.

Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cooper, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Fromhold, Grant, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Pearson, Pettigrew, Pflug, Priest, Quall, Rockefeller, Romero, Ruderman, Schual-Berke, Shabro, Simpson, Skinner, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Woods and Mr. Speaker - 79.

Voting nay: Representatives Armstrong, Condotta, Cox, Flannigan, Haigh, Kirby, Nixon, Santos, Schindler and Wood - 10.

Excused: Representatives Crouse, Gombosky, Mastin, Mielke, Roach, Schoesler, Sehlin, Sommers, and Wallace - 9.

HOUSE BILL NO. 2294, having received the necessary constitutional majority, was declared passed.

The Speaker (Representative Lovick presiding) stated the question before the House was the motion that the House adjourn.

The Senate refuses to concur in the House amendment to SECOND ENGROSSED SENATE BILL NO. 6097, adheres to its position, and the same is herewith transmitted.

Representative Kessler moved that the House recede from its amendment to SECOND ENGROSSED SENATE BILL NO. 6097.

Representatives Kessler, Chandler and Simpson spoke in favor of adoption of the motion.

Representatives Dickerson, Conway and Flannigan spoke against the adoption of the motion.

The Speaker (Representative Lovick presiding) stated the question before the House to be the adoption of the motion that the House recede from its amendment to Second Engrossed Senate Bill No. 6097.

The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of the motion that the House recede from its amendment to Second Engrossed Senate Bill No. 6097.

The Clerk called the roll on the adoption of the motion that the House recede from its amendment to Second Engrossed Senate Bill No. 6097, and the motion was adopted by the following vote: Yeas - 50, Nays - 41, Absent - 0, Excused - 7.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Clibborn, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Grant, Hankins, Hatfield, Hinkle, Holmquist, Hunter, Jarrett, Kessler, Kristiansen, McDonald, McMahan, McMorris, Mielke, Morris, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pflug, Priest, Quall, Schindler, Shabro, Skinner, Sump, Talcott, Tom and Woods - 50.

Voting nay: Representatives Blake, Campbell, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Haigh, Hudgins, Hunt, Kagi, Kenney, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Morrell, Murray, Pettigrew, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 41.

Excused: Representatives Gombosky, Kirby, Mastin, Moeller, Roach, Schoesler and Sehlin - 7.

Had I been present, I would have voted YEA on the motion that the House recede from its amendments to SECOND ENGROSSED SENATE BILL NO. 6097.

The question before the House was the final passage of Second Engrossed Senate Bill No. 6097, without the House amendment.

Representatives McMorris and Chandler spoke in favor of passage of the bill without the House amendment.

Representatives Cooper, Veloria, Hudgins, Kenney, McIntire, Conway and Chase spoke against the passage of the bill without the House amendment.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Engrossed Senate Bill No. 6097, without the House amendment.

The Clerk called the roll on the final passage of Second Engrossed Senate Bill No. 6097, without the House amendment, and the bill passed the House by the following vote: Yeas - 57, Nays - 33, Absent - 0, Excused - 8.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Clibborn, Condotta, Cox, Crouse, DeBolt, Delvin, Eickmeyer, Ericksen, Grant, Hankins, Hatfield, Hinkle, Holmquist, Hunter, Jarrett, Kessler, Kristiansen, Linville, McDonald, McMahan, McMorris, Mielke, Morris, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pflug, Priest, Quall, Rockefeller, Ruderman, Schindler, Shabro, Skinner, Sommers, Sullivan, Sump, Talcott, Tom and Woods - 57.

Voting nay: Representatives Blake, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Flannigan, Fromhold, Haigh, Hudgins, Hunt, Kagi, Kenney, Lantz, Lovick, McCoy, McDermott, McIntire, Miloscia, Morrell, Murray, Pettigrew, Romero, Santos, Schual-Berke, Simpson, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 33.

Excused: Representatives Edwards, Gombosky, Kirby, Mastin, Moeller, Roach, Schoesler and Sehlin - 8.

SECOND ENGROSSED SENATE BILL NO. 6097, without House amendment,, having received the constitutional majority, was declared passed.

Had I been present, I would have voted YEA on SECOND ENGROSSED SENATE BILL NO. 6097, without the House amendment.

The Senate has passed SENATE BILL NO. 6099, and the same is herewith transmitted.

AN ACT Relating to making appropriations for the payment of expenses related to the implementation of 2ESB 6097; and making appropriations.

There being no objection, SENATE BILL NO. 6099 was read the first time, the rules were suspended and the bill was placed on the Second Reading calendar.

Making an appropriation for the payment of expenses related to the implementation of 2ESB 6097.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 6099.

The Clerk called the roll on the final passage of Senate Bill No. 6099 and the bill passed the House by the following vote: Yeas - 68, Nays - 22, Absent - 0, Excused - 8.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Berkey, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Clibborn, Condotta, Cox, Crouse, DeBolt, Delvin, Dunshee, Eickmeyer, Ericksen, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hunter, Jarrett, Kagi, Kessler, Kristiansen, Lantz, Linville, Lovick, McDonald, McMahan, McMorris, Mielke, Miloscia, Morris, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Pflug, Priest, Quall, Rockefeller, Ruderman, Santos, Schindler, Shabro, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Wallace, Woods and Mr. Speaker - 68.

Voting nay: Representatives Chase, Cody, Conway, Cooper, Darneille, Dickerson, Flannigan, Hudgins, Hunt, Kenney, McCoy, McDermott, McIntire, Morrell, Murray, Pettigrew, Romero, Schual-Berke, Simpson, Upthegrove, Veloria and Wood - 22.

Excused: Representatives Edwards, Gombosky, Kirby, Mastin, Moeller, Roach, Schoesler and Sehlin - 8.

SENATE BILL NO. 6099, having received the necessary constitutional majority, was declared passed.

The Speaker (Representative Lovick presiding) called upon Representative Hudgins to presiding.

The President has signed SENATE BILL NO. 6099, and the same is herewith transmitted.

The President has signed SECOND ENGROSSED SENATE BILL NO. 6097, and the same is herewith transmitted.

HB 2287 by Representatives Cairnes, Anderson, Mielke, Bailey, Miloscia, Woods, McMahan, Pflug, Orcutt, Clements, Carrell, Talcott, Kristiansen, Shabro, Ericksen, Sump, Newhouse, Tom, Pearson, McDonald, Condotta, Benson, Ahern, Alexander, DeBolt, Mastin, Chandler, Nixon, Crouse, Holmquist, Armstrong and Bush

AN ACT Relating to business and occupation tax credits and deferrals for research and development and high technology job creation; and amending RCW 82.04.4452 and 82.63.030.

HB 2288 by Representatives Orcutt, Mielke, Kristiansen, DeBolt, Alexander and Holmquist

AN ACT Relating to the citizens' commission on salaries for elected officials; amending RCW 43.03.300 and 43.03.310; and providing a contingent effective date.

HB 2289 by Representatives Cox, Fromhold, Jarrett, Gombosky, Murray, Tom and Hunter

AN ACT Relating to school district levy base calculations; amending RCW 84.52.0531 and 84.52.0531; and providing effective dates.

HB 2290 by Representatives Pflug, Bailey, Benson, Mielke, McMahan, Woods, Holmquist, Chandler, Clements, Armstrong, Condotta, Carrell, Schindler, Pearson, Newhouse, Anderson and Bush

AN ACT Relating to civil liability reform; amending RCW 4.22.070, 4.22.015, 4.56.115, 4.56.110, 19.52.025, 4.56.250, 7.70.100, 4.16.350, 7.70.080, 7.70.060, 46.61.688, 4.92.005, 4.96.010, 4.92.040, 4.92.090, and 4.92.130; adding a new section to chapter 4.24 RCW; adding new sections to chapter 4.56 RCW; adding a new section to chapter 7.04 RCW; adding new sections to chapter 7.70 RCW; adding a new section to chapter 4.16 RCW; adding a new section to chapter 4.28 RCW; and creating new sections.

HB 2291 by Representatives Pflug, Benson, Bailey, Mielke, McMahan, Woods, Holmquist, Chandler, Clements, Armstrong, Condotta, Schindler, Anderson and Bush

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.

HB 2292 by Representatives Chandler, Mielke, McMahan, Woods, Holmquist, Clements, Armstrong, Condotta, Newhouse and Anderson

AN ACT Relating to modifying the inflationary adjustment to the minimum wage; amending RCW 49.46.010, 49.46.010, and 49.46.020; providing effective dates; and providing an expiration date.

HB 2293 by Representatives Chandler, Mielke, McMahan, Woods, Holmquist, Clements, Armstrong, Condotta, Schindler, Newhouse and Anderson

AN ACT Relating to simplifying and adding certainty to the calculation of workers' compensation benefits; amending RCW 51.08.178, 51.28.040, 51.28.055, 51.32.050, 51.32.060, 51.32.072, 51.32.075, 51.32.080, 51.32.095, and 51.36.020; reenacting and amending RCW 51.32.090; adding new sections to chapter 51.08 RCW; adding a new section to chapter 51.32 RCW; providing an effective date; and declaring an emergency.

AN ACT Relating to charter schools; amending RCW 41.59.080 and 28A.150.010; adding a new section to chapter 41.56 RCW; adding a new section to chapter 41.59 RCW; and adding a new chapter to Title 28A RCW.

HB 2296 by Representatives Wallace, Haigh, McDermott, McIntire, Clibborn, Priest, McCoy, Lovick, O'Brien and Fromhold

HJR 4213 by Representatives Orcutt, Mielke, Kristiansen, DeBolt, Alexander and Holmquist

There being no objection, SENATE CONCURRENT RESOLUTION NO. 8415 was read the first time, the rules were suspended and the concurrent resolution was placed on the Second Reading calendar.

There being no objection, SENATE CONCURRENT RESOLUTION NO. 8416 was read the first time, the rules were suspended and the concurrent resolution was placed on the Second Reading calendar.

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

HB 2283 Prime Sponsor, Representative Conway: Concerning hearing loss claims. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Hudgins; Kenney and McCoy.

MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Condotta, Assistant Ranking Minority Member; Holmquist.

There being no objection, the bill listed on the day's committee reports sheet under the fifth order of business was referred to the committee so designated.

The Senate has passed HOUSE BILL NO. 2294, and the same is herewith transmitted.

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

The Speaker (Representative Hudgins presiding) stated the question before the House to be the final passage of Senate Concurrent Resolution No. 8415.

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

The Speaker (Representative Hudgins presiding) stated the question before the House to be the final passage of Senate Concurrent Resolution No. 8416.

The Speaker (Representative Hudgins presiding) informed the Chamber that the Speaker had signed:

WHEREAS, It is necessary to provide for the continuation of the work of the House of Representatives after its adjournment and during the interim periods between legislative sessions;

NOW, THEREFORE, BE IT RESOLVED, That the Executive Rules Committee is hereby created by this resolution and shall consist of three members of the majority caucus and two members of the minority caucus, to be named by the Speaker of the House of Representatives and Minority Leader respectively; and

BE IT FURTHER RESOLVED, That the Executive Rules Committee may assign subject matters, bills, memorials, and resolutions to authorized committees of the House of Representatives for study during interim, and the Speaker of the House of Representatives may create special and select committees as may be necessary to carry out the functions, including interim studies, of the House of Representatives in an orderly manner and shall appoint members to such committees with the approval of the Executive Rules Committee; and

BE IT FURTHER RESOLVED, That the Executive Rules Committee shall have full authority and direction over the authorization and execution of any personal services contracts or subcontracts that necessitate the expenditure of House of Representatives appropriations; and

BE IT FURTHER RESOLVED, That, during interim, the schedules of and locations for all meetings of any committee or subcommittee shall be approved by the Executive Rules Committee, and those committees or subcommittees may conduct hearings and scheduling without a quorum being present; and

BE IT FURTHER RESOLVED, That, during interim, authorized committees have the power of subpoena, the power to administer oaths, and the power to issue commissions for the examination of witnesses in accordance with chapter 44.16 RCW if and when specifically authorized by the Executive Rules Committee for specific purposes and specific subjects; and

BE IT FURTHER RESOLVED, That the Chief Clerk of the House of Representatives shall complete the work of the Fifty-Eighth Legislature during interim periods, and all details that arise therefrom, including the editing, indexing, and publishing of the journal of the House of Representatives; and

BE IT FURTHER RESOLVED, That the Chief Clerk of the House of Representatives shall make the necessary inventory of furnishings, fixtures, and supplies; and

BE IT FURTHER RESOLVED, That the Chief Clerk of the House of Representatives may approve vouchers of the members of the House of Representatives, covering expenses incurred during interim for official business of the Legislature in accordance with policies set by the Executive Rules Committee, at the per diem rate provided by law and established by the Executive Rules Committee, for each day or major portion of a day, plus mileage at the rate established by law; and

BE IT FURTHER RESOLVED, That the Chief Clerk of the House of Representatives shall, during interim, and as authorized by the Speaker of the House of Representatives, retain or hire any necessary employees and order necessary supplies, equipment, and printing to enable the House of Representatives to carry out its work promptly and efficiently, and accept committee reports, committee bills, prefiled bills, memorials, and resolutions as directed by the Rules of the House of Representatives and by Joint Rules of the Legislature; and

BE IT FURTHER RESOLVED, That the Chief Clerk of the House of Representatives shall execute the necessary vouchers upon which warrants are drawn for all legislative expenses and expenditures of the House of Representatives; and

BE IT FURTHER RESOLVED, That the Speaker of the House of Representatives and the Chief Clerk of the House of Representatives may authorize the attendance of members and employees at conferences and meetings in accordance with the policies adopted by the Executive Rules Committee and may authorize the expenditure of registration or other fees and reimbursement for subsistence and travel for such purpose; and

BE IT FURTHER RESOLVED, That, in accordance with the policies set by the Executive Rules Committee, members and employees of the Legislature be reimbursed for expenses incurred in attending conferences and meetings, plus mileage to and from the conferences and meetings, at the rate established by law, which reimbursement shall be paid on vouchers from any appropriation made to the House of Representatives for legislative expenses; and

BE IT FURTHER RESOLVED, That, during interim, the use of the House of Representatives Chamber, any of its committee rooms, or any of the furniture or furnishings in them is permitted upon such terms and conditions as the Chief Clerk of the House of Representatives shall deem appropriate; and

BE IT FURTHER RESOLVED, That the Chief Clerk of the House of Representatives may express the sympathy of the House of Representatives by sending flowers and correspondence when the necessity arises; and

BE IT FURTHER RESOLVED, That this Resolution applies throughout the interim between sessions of the Fifty-Eighth Legislature, as well as any committee assembly.

There being no objection, the reading of the Journal of the 1^st Day of the Second Special Session of the 58^th Legislature was dispensed with and it was ordered to stand approved.

There being no objection, the House of Representatives of the Second Special Session of the 58^th Legislative adjourned SINE DIE.