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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

___________________________________________________________________________________________


TENTH DAY

___________________________________________________________________________________________


House Chamber, Olympia, Wednesday, January 21, 2004


             The House was called to order at 10:00 a.m. by the Speaker (Representative Lovick presiding). The Clerk called the roll and a quorum was present.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Kiernan Charnley and Gary Belvin. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Pastor Elaine Swigart, Thurston County Ministries in Higher Education and Campus Minister at the Evergreen State College, Olympia.


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


MESSAGE FROM METROPOLITAN KING COUNTY COUNCIL


January 20, 2004

Mr. Frank Chopp, Speaker

House of Representatives

Legislative Building

Olympia WA 98504


Dear Mr. Chopp:


On January 20, 2004, the Metropolitan King County Council appointed Jay Rodne to the vacancy in the 5th District of the House of Representatives created by the resignation of Cheryl Pflug.


Sincerely yours,


Anne Noris

Clerk of the Council


OATH OF OFFICE


             The Speaker requested Representatives Anderson and Woods escort Jay Rodne to the Rostrum. Supreme Court Justice Mary Fairhurst gave the oath of office to Mr. Simpson. The Sergeant at Arms escorted Justice Fairhurst from the Chamber. Representatives Anderson and Woods escorted Representative Jay Rodne to his seat on the Chamber floor.


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


THIRD READING


             ENGROSSED SUBSTITUTE HOUSE BILL NO. 1989, by House Committee on Education (originally sponsored by Representatives McDermott, Talcott, Quall, Hunter, Kenney and Rockefeller; by request of Governor Locke)


             Changing the learning assistance program.


             There being no objection, the rules were suspended and ENGROSSED SUBSTITUTE HOUSE BILL NO. 1989 was returned to second reading for purpose of amendment.


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


SECOND READING


             ENGROSSED SUBSTITUTE HOUSE BILL NO. 1989, By House Committee on Education (originally sponsored by Representatives McDermott, Talcott, Quall, Hunter, Kenney and Rockefeller; by request of Governor Locke)


             Changing the learning assistance program.


             Representative McDermott moved the adoption of the following amendment (735):


                Strike everything after the enacting clause and insert the following:


                "NEW SECTION. Sec. 1. PURPOSE. The learning assistance program requirements in this chapter are designed to: (1) Promote the use of assessment data when developing programs to assist underachieving students; and (2) guide school districts in providing the most effective and efficient practices when implementing programs to assist underachieving students. Further, this chapter provides the means by which a school district becomes eligible for learning assistance program funds and the distribution of those funds.


                NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly indicates otherwise the definitions in this section apply throughout this chapter.

                (1) "Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter.

                (2) "Basic skills areas" means reading, writing, and mathematics as well as readiness associated with these skills.

                (3) "Participating student" means a student in kindergarten through grade eleven who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services. Beginning with the 2007-2008 school year, "participating student" means a student in kindergarten through grade twelve who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services.

                (4) "Statewide assessments" means one or more of the several basic skills assessments administered as part of the state's student assessment system, and assessments in the basic skills areas administered by local school districts.

                (5) "Underachieving students" means students with the greatest academic deficits in basic skills as identified by the statewide assessments.


                NEW SECTION. Sec. 3. PROGRAM PLAN. By July 1st of each year, a participating school district shall submit the district's plan for using learning assistance funds to the office of the superintendent of public instruction for approval. For the 2004-05 school year, school districts must identify the program activities to be implemented from section 4 of this act and are encouraged to implement the elements in subsections (1) through (8) of this section. Beginning in the 2005-06 school year, the program plan must identify the program activities to be implemented from section 4 of this act and implement all of the elements in subsections (1) through (8) of this section. The school district plan shall include the following:

                (1) District and school-level data on reading, writing, and mathematics achievement as reported pursuant to chapter 28A.655 RCW and relevant federal law;

                (2) Processes used for identifying the underachieving students to be served by the program, including the identification of school or program sites providing program activities;

                (3) How accelerated learning plans are developed and implemented for participating students. Accelerated learning plans may be developed as part of existing student achievement plan process such as student plans for achieving state high school graduation standards, individual student academic plans, or the achievement plans for groups of students. Accelerated learning plans shall include:

                (a) Achievement goals for the students;

                (b) Roles of the student, parents, or guardians and teachers in the plan;

                (c) Communication procedures regarding student accomplishment; and

                (d) Plan reviews and adjustments processes;

                (4) How state level and classroom assessments are used to inform instruction;

                (5) How focused and intentional instructional strategies have been identified and implemented;

                (6) How highly qualified instructional staff are developed and supported in the program and in participating schools;

                (7) How other federal, state, district, and school resources are coordinated with school improvement plans and the district's strategic plan to support underachieving students; and

                (8) How a program evaluation will be conducted to determine direction for the following school year.


                NEW SECTION. Sec. 4. PROGRAM ACTIVITIES. Use of best practices magnifies the opportunities for student success. The following are services and activities that may be supported by the learning assistance program:

                (1) Extended learning time opportunities occurring:

                (a) Before or after the regular school day;

                (b) On Saturday; and

                (c) Beyond the regular school year;

                (2) Professional development for certificated and classified staff that focuses on:

                (a) The needs of a diverse student population;

                (b) Specific literacy and mathematics content and instructional strategies; and

                (c) The use of student work to guide effective instruction;

                (3) Consultant teachers to assist in implementing effective instructional practices by teachers serving participating students;

                (4) Tutoring support for participating students; and

                (5) Outreach activities and support for parents of participating students.


                NEW SECTION. Sec. 5. PLAN APPROVAL PROCESS. A participating school district shall annually submit a program plan to the office of the superintendent of public instruction for approval. The program plan must address all of the elements in section 3 of this act and identify the program activities to be implemented from section 4 of this act.

                School districts achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW shall have their program approved once the program plan and activities submittal is completed.

                School districts not achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW and that are not in a state or federal program of school improvement shall be subject to program approval once the plan components are reviewed by the office of the superintendent of public instruction for the purpose of receiving technical assistance in the final development of the plan.

                School districts with one or more schools in a state or federal program of school improvement shall have their plans and activities reviewed and approved in conjunction with the state or federal program school improvement program requirements.


                NEW SECTION. Sec. 6. FUNDS--ELIGIBILITY--DISTRIBUTION. Each school district with an approved program is eligible for state funds provided for the learning assistance program. The funds shall be appropriated for the learning assistance program in accordance with the biennial appropriations act. The distribution formula is for school district allocation purposes only. Beginning with the 2005-06 school year, the distribution formula shall be based on one or more family income factors measuring economic need.


                NEW SECTION. Sec. 7. MONITORING. To ensure that school districts are meeting the requirements of an approved program, the superintendent of public instruction shall monitor such programs no less than once every four years. Individual student records shall be maintained at the school district.


                NEW SECTION. Sec. 8. RULES. The superintendent of public instruction shall adopt rules in accordance with chapter 34.05 RCW that are necessary to implement this chapter.


                NEW SECTION. Sec. 9. CAPTIONS NOT LAW. Captions used in this act are not any part of the law.


                NEW SECTION. Sec. 10. The following acts or parts of acts are each repealed:

                (1) RCW 28A.165.010 (Intent) and 1989 c 233 s 1 & 1987 c 478 s 1;

                (2) RCW 28A.165.012 (Program created) and 1987 c 478 s 2;

                (3) RCW 28A.165.030 (Definitions) and 1999 c 78 s 1, 1990 c 33 s 148, & 1987 c 478 s 3;

                (4) RCW 28A.165.040 (Application for state funds--Needs assessment--Plan) and 1990 c 33 s 149, 1989 c 233 s 2, & 1987 c 478 s 4;

                (5) RCW 28A.165.050 (Identification of students--Coordination of use of funds) and 1987 c 478 s 5;

                (6) RCW 28A.165.060 (Services or activities under program) and 1989 c 233 s 3 & 1987 c 478 s 6;

                (7) RCW 28A.165.070 (Eligibility for funds--Distribution of funds--Development of allocation formula) and 1995 1st sp.s. c 13 s 1, 1993 sp.s. c 24 s 520, 1990 c 33 s 150, & 1987 c 478 s 7;

                (8) RCW 28A.165.080 (Monitoring) and 1990 c 33 s 151 & 1987 c 478 s 8; and

                (9) RCW 28A.165.090 (Rules) and 1990 c 33 s 152 & 1987 c 478 s 9.


                NEW SECTION. Sec. 11. Sections 1 through 9 of this act are each added to chapter 28A.165 RCW."


                Correct the title.


             Representatives McDermott and Talcott spoke in favor of 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 McDermott and Talcott spoke in favor of passage of the bill.


             Representative Cox spoke against the passage of the bill.


MOTION


             On motion of Representative Santos, Representative Moeller was excused.


             The Speaker stated the question before the House to be the final passage of Second Engrossed Substitute House Bill No. 1989.


ROLL CALL


             The Clerk called the roll on the final passage of Second Engrossed Substitute House Bill No. 1989 and the bill passed the House by the following vote: Yeas - 89, Nays - 8, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 89.

             Voting nay: Representatives Buck, Bush, Cox, Crouse, McMorris, Schindler, Schoesler and Sump - 8.

             Excused: Representative Moeller - 1.


             SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1989, having received the necessary constitutional majority, was declared passed.


             The Speaker called upon Representative Lovick to preside.


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


INTRODUCTION & FIRST READING

 

HB 2771           by Representatives Sommers, Lantz, Cody, Nixon, Morrell, Hankins, Tom, Kirby, Delvin, Mielke, Pearson, McMahan, Moeller, Dickerson, McIntire, Kenney, Kessler, Conway, Darneille, Sullivan, Schual-Berke, Kagi and Ormsby


              AN ACT Relating to the prevention of cyberstalking; amending RCW 9A.46.060 and 9A.46.100; reenacting and amending RCW 9.94A.515 and 9.94A.515; adding a new section to chapter 9.61 RCW; prescribing penalties; providing an effective date; providing an expiration date; and declaring an emergency.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2793           by Representatives Miloscia, Lovick, McDermott, Haigh and Chase


              AN ACT Relating to filing dates for campaign contribution and expenditure reports; and amending RCW 42.17.080.


             Referred to Committee on State Government.

 

HB 2794           by Representatives Condotta and Wood


              AN ACT Relating to allowing licensees to pay for liquor using debit and credit cards; and amending RCW 66.08.026 and 66.16.041.


             Referred to Committee on Commerce & Labor.

 

HB 2795           by Representatives Blake, Wallace, Dunshee, Sullivan, Bush, Benson, Simpson, G., Crouse, Hankins, Delvin, Quall, McCoy, Lantz, Kenney, Chase and Edwards


              AN ACT Relating to extending the prohibition on mandatory local measured telecommunications service; and amending RCW 80.04.130.


             Referred to Committee on Technology, Telecommunications & Energy.

 

HB 2796           by Representatives Romero, Hunt, Kessler, Murray, Simpson, G., Chase and Ormsby


              AN ACT Relating to the basic health plan enrollment of individuals participating in community-based programs established to provide access to health care services for uninsured persons; and amending RCW 70.47.060.


             Referred to Committee on Health Care.

 

HB 2797           by Representatives Morrell, Cody, Linville, Simpson, G., Edwards, Kenney and Ormsby; by request of Insurance Commissioner


              AN ACT Relating to providing access to the basic health plan for individuals eligible for the health coverage tax credit under the Trade Act of 2002 (P.L. 107-210); and amending RCW 70.47.020, 70.47.030, and 70.47.060.


             Referred to Committee on Health Care.

 

HB 2798           by Representatives Cody, Linville, Simpson, G., Edwards, Kenney and Kagi; by request of Insurance Commissioner


              AN ACT Relating to stabilizing the cost of health insurance; amending RCW 41.05.011, 48.41.200, 48.41.060, and 70.47.060; adding new sections to chapter 41.05 RCW; adding a new section to chapter 74.09 RCW; and creating new sections.


             Referred to Committee on Health Care.

 

HB 2799           by Representatives Schual-Berke, Cody, Campbell, Linville, Edwards, Kagi and Ormsby; by request of Insurance Commissioner


              AN ACT Relating to establishing a supplemental malpractice insurance program; adding a new section to chapter 18.130 RCW; adding a new chapter to Title 48 RCW; prescribing penalties; making an appropriation; and declaring an emergency.


             Referred to Committee on Financial Institutions & Insurance.

 

HB 2800           by Representatives Carrell, Ahern, Clements, Cairnes, Cox, Roach, Jarrett, Delvin, Shabro, Kristiansen, McMahan, Newhouse, Condotta, Buck, Kessler, Campbell, Mielke, Simpson, G., Bush and Woods


              AN ACT Relating to taking a motor vehicle without permission; amending RCW 9A.56.070, 9A.56.075, and 9.94A.533; reenacting and amending RCW 9.94A.515 and 13.40.0357; adding a new section to chapter 9A.56 RCW; prescribing penalties; and providing an effective date.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2801           by Representatives Cairnes, Carrell, Kristiansen, Orcutt, Roach, Alexander, Benson, Woods, Holmquist, Ahern, Nixon, Cox, Sump, Newhouse, Mastin, Hinkle, Pearson, Bush, Chandler, Kessler, McDonald, Shabro, Schoesler, Campbell, Boldt, Mielke and Simpson, G.


              AN ACT Relating to property tax relief for senior citizens and persons retired because of physical disability; amending RCW 84.36.381 and 84.36.383; and creating a new section.


             Referred to Committee on Finance.

 

HB 2802           by Representatives Schoesler, Linville, Romero, Grant, Shabro, Schual-Berke, Rockefeller, Flannigan, Alexander, Hudgins, Anderson, Ruderman, Sump, Murray, Boldt, Darneille, Clements, Dickerson, Newhouse, Hunt, Lantz, McDermott, Kenney, Haigh, Clibborn, Kristiansen, Holmquist, Quall, O'Brien, Eickmeyer, Woods, Buck, Bailey, Kessler, Simpson, G., Morrell, Wallace, Lovick, Edwards, Benson, Pearson, Nixon, Armstrong, Hinkle, Wood, Moeller, Ahern, Roach, Cooper, McCoy, Cody, Conway, Kagi, Ormsby, Skinner, McMorris, Campbell, Sullivan, Chase, Santos and Condotta


              AN ACT Relating to penalties for trading in nonambulatory livestock; adding a new section to chapter 16.36 RCW; prescribing penalties; and declaring an emergency.


             Referred to Committee on Agriculture & Natural Resources.

 

HB 2803           by Representatives Schoesler, Grant, Delvin, Linville, Sump, Clements, Chandler, Newhouse, McMorris, Boldt and Sullivan


              AN ACT Relating to bedding materials for livestock; amending RCW 82.08.920 and 82.12.920; and providing an effective date.


             Referred to Committee on Finance.

 

HB 2804           by Representatives Lantz, Rockefeller, Clibborn, Moeller, Kirby, Cody, Morrell, Flannigan, Sommers, Campbell, Lovick, Kagi, Miloscia, O'Brien, Hunt, Simpson, G., Conway, Haigh, Linville, Edwards, Kenney and Chase


              AN ACT Relating to actions against health care providers under chapter 7.70 RCW; amending RCW 4.22.070, 4.16.190, 4.16.350, 7.70.100, 5.64.010, 7.70.080, and 70.105.112; adding new sections to chapter 7.70 RCW; creating new sections; and providing an expiration date.


             Referred to Committee on Judiciary.

 

HB 2805           by Representatives Romero, McIntire, Haigh, Dunshee, Moeller, Clibborn and Morrell


              AN ACT Relating to the blue ribbon commission on land use and local government finance; creating new sections; providing an expiration date; and declaring an emergency.


             Referred to Committee on Local Government.

 

HB 2806           by Representatives Romero, Hunt, Dunshee and Chase


              AN ACT Relating to builders' warranties on detached, single-family homes; amending RCW 4.16.300 and 4.16.310; adding a new section to chapter 64.50 RCW; and adding a new chapter to Title 19 RCW.


             Referred to Committee on Judiciary.

 

HB 2807           by Representatives Murray, Cox, Quall, McIntire, Kenney and Edwards


              AN ACT Relating to off-campus disruptive behavior of higher education students; and adding a new section to chapter 28B.10 RCW.


             Referred to Committee on Higher Education.

 

HB 2808           by Representatives Murray, Jarrett, Hankins, Wallace, Hudgins, Cooper, Hunter, Moeller and Sullivan


              AN ACT Relating to high-occupancy toll lanes; amending RCW 46.61.165; reenacting and amending RCW 42.17.310, 42.17.310, 43.84.092, and 43.84.092; adding new sections to chapter 47.56 RCW; adding a new section to chapter 47.66 RCW; creating new sections; prescribing penalties; providing effective dates; and providing expiration dates.


             Referred to Committee on Transportation.

 

HB 2809           by Representatives Conway, Wood, Crouse and Sullivan; by request of Department of Licensing


              AN ACT Relating to the department of licensing; amending RCW 43.135.055, 18.96.050, 19.105.380, and 64.36.225; reenacting and amending RCW 43.84.092; adding a new section to chapter 43.24 RCW; and providing an effective date.


             Referred to Committee on Commerce & Labor.

 

HB 2810           by Representatives Jarrett, Rockefeller, Armstrong, Hunter, McIntire, Shabro, Alexander, Wallace, Anderson, Simpson, G., Sullivan, Ruderman and Woods


              AN ACT Relating to government accountability; amending RCW 43.88.090 and 44.28.083; adding a new section to chapter 44.04 RCW; adding a new section to chapter 44.28 RCW; and creating new sections.


             Referred to Committee on State Government.

 

HB 2811           by Representatives Jarrett, Upthegrove, Priest, Romero, Shabro, Moeller, Clibborn, Linville, Edwards, Tom, Sullivan and Woods


              AN ACT Relating to establishing permit processing timelines and reporting requirements for certain local governments subject to the requirements of RCW 36.70A.215; amending RCW 36.70B.080; and creating a new section.


             Referred to Committee on Local Government.

 

HB 2812           by Representative Boldt


              AN ACT Relating to ensuring reporting by clergy of sex offenses committed against children by other clergy; amending RCW 26.44.020, 26.44.030, 26.44.160, and 9A.04.080; and prescribing penalties.


             Referred to Committee on Children & Family Services.

 

HB 2813           by Representatives Flannigan, Mastin, Pettigrew, McCoy, Jarrett, Lantz, Moeller, Newhouse, Clibborn, Hudgins, O'Brien, Kirby and Chase


              AN ACT Relating to a recording of custodial interrogations pilot project; adding a new section to chapter 43.101 RCW; and providing an expiration date.


             Referred to Committee on Judiciary.

 

HB 2814           by Representatives Upthegrove, Delvin, Quall, Linville, Wood, Ruderman, Schual-Berke, Chase, Santos and Kagi


              AN ACT Relating to civics education; adding a new section to chapter 28A.600 RCW; creating a new section; and making appropriations.


             Referred to Committee on Education.

 

HB 2815           by Representatives Simpson, G., Benson, Schual-Berke, Linville, Morrell and Edwards; by request of Insurance Commissioner


              AN ACT Relating to retainer health care practices; amending RCW 48.44.010; and adding a new chapter to Title 48 RCW.


             Referred to Committee on Health Care.

 

HB 2816           by Representatives Schual-Berke, Benson, Simpson, G., Clibborn, Linville, Morrell, Edwards and Kagi; by request of Insurance Commissioner


              AN ACT Relating to cancellation and nonrenewal of medical malpractice liability insurance policies; and amending RCW 48.18.290 and 48.18.2901.


             Referred to Committee on Financial Institutions & Insurance.

 

HB 2817           by Representatives Hatfield and Newhouse


              AN ACT Relating to insurance investments in limited liability companies formed to develop real property; and amending RCW 48.13.240.


             Referred to Committee on Financial Institutions & Insurance.

 

HB 2818           by Representatives Kagi, Boldt, Darneille, Pearson, Cooper, Linville, Hudgins, Kessler, Lantz, Conway, Simpson, G., Edwards, Sullivan, Kenney, Wood, Schual-Berke, Chase, Santos and Ormsby


              AN ACT Relating to housing-based support services for homeless families; amending RCW 43.20A.790; reenacting and amending RCW 43.79A.040; adding a new chapter to Title 43 RCW; and making an appropriation.


             Referred to Committee on Children & Family Services.

 

HB 2819           by Representative Sullivan


              AN ACT Relating to the nursing facility medicaid payment system; amending RCW 74.46.431, 74.46.433, 74.46.496, 74.46.501, 74.46.506, and 74.46.511; repealing RCW 74.46.091, 74.46.535, and 82.71.020; and providing an effective date.


             Referred to Committee on Appropriations.

 

HB 2820           by Representatives Sullivan and Chase


              AN ACT Relating to citizen participation at city council meetings; and amending RCW 35A.12.110.


             Referred to Committee on Local Government.

 

HB 2821           by Representatives Sullivan, Cooper, Wood, Hunt, Upthegrove, Linville, Murray, Simpson, G., Morrell, Darneille, Chase and Kagi


              AN ACT Relating to protecting student health by providing incentives for the use of clean-burning alternative fuels in school buses; amending RCW 82.38.080; and providing an effective date.


             Referred to Committee on Transportation.

 

HB 2822           by Representatives Sullivan, Cooper, Hunt, Linville, Eickmeyer, Simpson, G., Ruderman, Chase and Kagi


              AN ACT Relating to use of high-occupancy vehicle lanes by low-emission vehicles; amending RCW 46.61.165, 47.52.025, and 81.100.020; adding new sections to chapter 46.04 RCW; adding a new section to chapter 46.16 RCW; creating a new section; and providing an effective date.


             Referred to Committee on Transportation.

 

HB 2823           by Representatives Sullivan, Cooper, Hunt, Upthegrove, Linville, Murray, Simpson, G., Chase and Kagi


              AN ACT Relating to providing incentives to reduce air pollution and improve energy security through the use of alternative fuel vehicles; adding new sections to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; providing an effective date; providing an expiration date; and declaring an emergency.


             Referred to Committee on Technology, Telecommunications & Energy.

 

HB 2824           by Representatives Jarrett, Linville, Armstrong, Moeller, Clibborn, Shabro, Edwards, Romero, Schindler, Kenney, Upthegrove and Woods


              AN ACT Relating to establishing permit processing timelines and reporting requirements for state agencies; and adding a new chapter to Title 43 RCW.


             Referred to Committee on Fisheries, Ecology & Parks.

 

HB 2825           by Representatives Clements, Carrell, Skinner, Newhouse, Chandler, Campbell and Boldt


              AN ACT Relating to restitution for malicious mischief; amending RCW 9A.48.090; and providing an effective date.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2826           by Representative Morris


              AN ACT Relating to taxation of products from vending machines; and amending RCW 82.08.0293 and 82.08.080.


             Referred to Committee on Finance.

 

HB 2827           by Representatives Ormsby, Cox, Kenney, Clements, Fromhold, McCoy, Boldt, Mielke, Chase, McIntire, Simpson, G., Morrell, Edwards, Darneille, Wood and Condotta


              AN ACT Relating to establishing a tuition and fees payment plan at colleges and universities; adding a new section to chapter 28B.15 RCW; and creating a new section.


             Referred to Committee on Higher Education.

 

HB 2828           by Representatives Lantz, Moeller, Cody, Morrell and Darneille


              AN ACT Relating to the liability of hospitals for noneconomic damages in actions under chapter 7.70 RCW; and amending RCW 4.22.070.


             Referred to Committee on Judiciary.

 

HB 2829           by Representatives Jarrett, Moeller, Nixon, Shabro, Clibborn and Romero


              AN ACT Relating to the incorporation of territory within designated urban growth areas in counties subject to the requirements of RCW 36.70A.215; and adding new sections to chapter 36.93 RCW.


             Referred to Committee on Local Government.

 

HB 2830           by Representatives Hudgins, Jarrett, Hatfield, Mielke, Wallace and Nixon


              AN ACT Relating to authorizing a fee for the limited purpose of reviewing driving records of existing policyholders for changes; and amending RCW 46.52.130.


             Referred to Committee on Transportation.

 

HB 2831           by Representatives Chandler, Grant, Holmquist, Newhouse, Delvin and Hunt


              AN ACT Relating to the special occasion liquor license; and amending RCW 66.24.380.


             Referred to Committee on Commerce & Labor.

 

HB 2832           by Representatives Sullivan, Sehlin, Morris, Clements, Crouse, Ahern, O'Brien, Hinkle, Anderson, Linville, Benson, Fromhold, McCoy, Pearson, Lovick, Bailey, Cairnes, Kirby and Grant


              AN ACT Relating to clarifying the taxation of staffing services; amending RCW 82.04.460 and 82.04.290; adding a new section to chapter 82.32 RCW; creating new sections; and providing an effective date.


             Referred to Committee on Finance.

 

HB 2833           by Representatives Conway, McMorris, Wood, Hudgins and McCoy


              AN ACT Relating to modifying the definition of sellers of travel; and amending RCW 19.138.021.


             Referred to Committee on Commerce & Labor.

 

HB 2834           by Representatives Schual-Berke, Kagi, Cody, Lantz, Linville, Morrell, Wallace, Kenney, O'Brien, Miloscia, Sommers, Rockefeller and Darneille


              AN ACT Relating to improving health professions discipline; amending RCW 4.24.260, 18.71.0193, 18.57.011, 18.71.019, 18.130.010, 18.130.150, 18.130.180, and 18.130.900; reenacting and amending RCW 18.130.040; and creating new sections.


             Referred to Committee on Health Care.

 

HB 2835           by Representatives Schual-Berke and Edwards


              AN ACT Relating to noneconomic damage awards in actions against health care providers under chapter 7.70 RCW; adding a new section to chapter 7.70 RCW; and creating a new section.


             Referred to Committee on Judiciary.

 

HB 2836           by Representatives Schual-Berke, Benson and Linville


              AN ACT Relating to homeowners' insurance; and adding a new section to chapter 48.18 RCW.


             Referred to Committee on Financial Institutions & Insurance.

 

HB 2837           by Representatives Schual-Berke, Benson, Cody, Simpson, G., Kagi, Lantz, Linville, Morrell, Wallace, Kenney, O'Brien, Miloscia, Sommers, Rockefeller, Moeller, Clibborn, Edwards and Darneille


              AN ACT Relating to underwriting medical malpractice coverage; and adding a new section to chapter 48.19 RCW.


             Referred to Committee on Financial Institutions & Insurance.

 

HB 2838           by Representatives Benson and Schual-Berke


              AN ACT Relating to capital calls by domestic mutual insurers; adding new sections to chapter 48.09 RCW; providing an effective date; providing an expiration date; and declaring an emergency.


             Referred to Committee on Financial Institutions & Insurance.

 

HB 2839           by Representatives Schual-Berke, Kagi, Cody, Lantz, Linville, Morrell, Wallace, Kenney, O'Brien, Miloscia, Sommers, Rockefeller, Clibborn and Edwards


              AN ACT Relating to a study of alternatives for resolving disputes related to injuries resulting from health care; and creating new sections.


             Referred to Committee on Judiciary.

 

HB 2840           by Representatives Schual-Berke, Linville and Morrell


              AN ACT Relating to expert witness qualifications in action under chapter 7.70 RCW; and adding new sections to chapter 7.70 RCW.


             Referred to Committee on Judiciary.

 

HB 2841           by Representatives Blake, Hatfield, Schindler and Romero


              AN ACT Relating to administering flood control zone districts; and amending RCW 86.15.080 and 86.15.060.


             Referred to Committee on Local Government.

 

HB 2842           by Representatives Benson, Murray, Tom, Darneille, Hankins, Schual-Berke and Kagi


              AN ACT Relating to occupational driver's licenses; amending RCW 46.20.394; and reenacting and amending RCW 46.20.391.


             Referred to Committee on Judiciary.

 

HB 2843           by Representatives Sommers, Kenney, Cox, Fromhold, Sehlin, Priest, Chase, McCoy, Ormsby and Lantz


              AN ACT Relating to regional universities; amending RCW 28B.35.010, 28B.35.050, 28B.35.200, 28B.35.205, 28B.10.016, 28B.10.020, 28B.15.005, 28B.14H.010, and 28B.80.310; adding a new section to chapter 28B.35 RCW; creating new sections; making an appropriation; and providing an effective date.


             Referred to Committee on Higher Education.

 

HB 2844           by Representatives Lovick, Morrell, Benson, Campbell, Simpson, G., Bush, Quall, Upthegrove and Schual-Berke; by request of Department of Health and Washington State Patrol


              AN ACT Relating to further regulation of the sale of ephedrine, pseudoephedrine, and phenylpropanolamine; amending RCW 18.64.046, 18.64.047, and 69.43.110; reenacting and amending RCW 18.64.044; creating a new section; prescribing penalties; and providing an effective date.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2845           by Representative Sump


              AN ACT Relating to limiting local government liability to intentional failures to verify registered contractor status; and amending RCW 18.27.110.


             Referred to Committee on Commerce & Labor.

 

HB 2846           by Representatives Sump, Cooper, Romero, Buck, Pearson, Holmquist, Jarrett, Wood and Woods


              AN ACT Relating to the unlawful use of a hook; adding a new section to chapter 77.15 RCW; prescribing penalties; and declaring an emergency.


             Referred to Committee on Fisheries, Ecology & Parks.

 

HB 2847           by Representatives Miloscia, O'Brien and Lovick


              AN ACT Relating to expanding the DNA identification system to include DNA samples from persons arrested on criminal charges; amending RCW 43.43.735 and 43.43.754; creating a new section; and providing an effective date.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2848           by Representatives O'Brien, Tom, Kagi, Cairnes, Murray, McCoy, Cox, Hunt, Lovick, Flannigan and Dunshee


              AN ACT Relating to the tribal law enforcement officers act of 2004; and adding a new chapter to Title 10 RCW.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2849           by Representatives Kagi, Cody, Campbell, Bush and Schual-Berke; by request of Department of Health


              AN ACT Relating to eliminating credentialing barriers for sex offender treatment providers; amending RCW 4.24.556, 18.155.020, 18.155.030, and 18.155.040; reenacting and amending RCW 18.130.040; and adding a new section to chapter 18.155 RCW.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2850           by Representatives Morrell, Benson, Darneille, Campbell and Bush; by request of Department of Health


              AN ACT Relating to eliminating credentialing barriers for health professions; amending RCW 18.06.050, 18.29.021, 18.29.180, 18.34.070, 18.79.160, 18.83.050, 18.83.070, 18.83.072, 18.83.082, and 18.83.170; adding a new section to chapter 18.79 RCW; and creating a new section.


             Referred to Committee on Health Care.

 

HB 2851           by Representatives Clibborn, Campbell, Darneille and Edwards; by request of Department of Health


              AN ACT Relating to removing certificate of need limitations on bed capacity and redistribution for federally certified critical access hospitals; and amending RCW 70.38.105.


             Referred to Committee on Health Care.

 

HB 2852           by Representatives O'Brien, Cairnes, Hunt, Lantz and Flannigan


              AN ACT Relating to failure to appear after release on recognizance; and amending RCW 9A.76.170.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2853           by Representatives Cox and Schoesler


              AN ACT Relating to pharmacy interns; and reenacting and amending RCW 18.64.080.


             Referred to Committee on Health Care.

 

HB 2854           by Representatives Delvin, Lovick, O'Brien, Lantz and Bush


              AN ACT Relating to seizure, forfeiture, and destruction of explosives; and amending RCW 70.74.400.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2855           by Representatives Delvin, Lovick and O'Brien


              AN ACT Relating to the use of explosives; adding a new section to chapter 70.74 RCW; and prescribing penalties.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2856           by Representatives Delvin, Upthegrove and Condotta


              AN ACT Relating to motorized foot scooters; amending RCW 46.61.710; reenacting and amending RCW 46.04.320, 46.16.010, and 46.20.500; and providing an effective date.


             Referred to Committee on Transportation.

 

HB 2857           by Representatives Delvin, Ahern, Anderson, Roach, McMorris, Condotta, McMahan, Crouse, Talcott, Nixon, Campbell, Tom, Orcutt, Hinkle, Clements, Newhouse, Woods, Chandler, Carrell, Armstrong, Schoesler, Buck, Bush and Upthegrove


              AN ACT Relating to requiring the teaching of the relationship of the Declaration of Independence to the constitutions of the United States and Washington state; amending RCW 28A.230.170; adding a new section to chapter 28A.230 RCW; and creating a new section.


             Referred to Committee on Education.

 

HB 2858           by Representatives Cooper and O'Brien


              AN ACT Relating to all-terrain vehicles; amending RCW 46.01.040; adding a new chapter to Title 46 RCW; and prescribing penalties.


             Referred to Committee on Transportation.

 

HB 2859           by Representatives Wallace, Boldt, Dunshee, Orcutt, Lantz, Hankins, Alexander, Linville, Eickmeyer, Murray, Morrell, Upthegrove and Schual-Berke


              AN ACT Relating to authorization for projects recommended by the public works board; creating a new section; and declaring an emergency.


             Referred to Committee on Capital Budget.

 

HB 2860           by Representatives Ahern, Ormsby, Shabro, Lovick, Delvin, Upthegrove, Wallace, Blake, Bush and Quall


              AN ACT Relating to ephedrine, pseudoephedrine, and phenylpropanolamine; amending RCW 69.43.110 and 69.43.160; and prescribing penalties.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2861           by Representatives Talcott, Quall, McDermott and Tom


              AN ACT Relating to certificates of completion for disabled students; and amending RCW 28A.655.060.


             Referred to Committee on Education.

 

HB 2862           by Representatives Mielke, Shabro, Boldt, Schindler and Kristiansen


              AN ACT Relating to services provided by educational service districts; and amending RCW 28A.310.200.


             Referred to Committee on Education.

 

HB 2863           by Representatives Santos, Veloria, Kenney, Pettigrew, Murray, Darneille and Upthegrove


              AN ACT Relating to providing public notices of public health, safety, and welfare in a language other than English; and adding a new section to chapter 1.20 RCW.


             Referred to Committee on State Government.

 

HB 2864           by Representatives Santos, Pettigrew, Veloria and Sullivan


              AN ACT Relating to selecting the locations for community corrections field offices operated by the department of corrections; and adding a new section to chapter 72.09 RCW.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2865           by Representatives Condotta, Grant, Chandler, Kessler, Newhouse, McMorris, Armstrong, Hinkle, Sump and Crouse


              AN ACT Relating to required elements of cholinesterase monitoring programs for certain pesticide handlers; adding a new section to chapter 49.17 RCW; and declaring an emergency.


             Referred to Committee on Commerce & Labor.

 

HB 2866           by Representatives Crouse, Sullivan and Wood


              AN ACT Relating to construction and operation of renewable energy projects by joint operating agencies; and adding a new section to chapter 43.52 RCW.


             Referred to Committee on Technology, Telecommunications & Energy.

 

HB 2867           by Representatives McDermott and Nixon; by request of Secretary of State


              AN ACT Relating to broadcast of legal notices; amending RCW 65.16.130 and 65.16.150; and repealing RCW 65.16.140.


             Referred to Committee on State Government.

 

HB 2868           by Representatives Condotta, Lovick, Moeller, Kristiansen, Sump, Priest, Armstrong, McDonald, Delvin, Skinner, Holmquist, McMahan, Crouse, Newhouse, Carrell, Roach, Simpson, G. and Woods


              AN ACT Relating to failure to register as a felony sex offender; reenacting and amending RCW 9.94A.515; prescribing penalties; and providing an effective date.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2869           by Representatives Condotta, Armstrong, Schoesler, Sump, Holmquist, Newhouse, Kristiansen and Clements


              AN ACT Relating to prohibiting land acquisition projects funded by the salmon recovery funding board; amending RCW 77.85.010 and 77.85.060; and reenacting and amending RCW 77.85.130.


             Referred to Committee on Fisheries, Ecology & Parks.

 

HB 2870           by Representatives Romero, Murray, Edwards, Wood, Upthegrove and Santos


              AN ACT Relating to relocation assistance payments to low-income tenants; amending RCW 59.18.440 and 35.80.030; creating a new section; and prescribing penalties.


             Referred to Committee on Local Government.

 

HB 2871           by Representatives Darneille, Campbell, Cody, Miloscia, Moeller, Wallace, Schual-Berke, Skinner, Murray, Upthegrove and Santos


              AN ACT Relating to measuring the performance of the HIV/AIDS service delivery system; amending RCW 70.24.400; and creating a new section.


             Referred to Committee on Health Care.

 

HB 2872           by Representatives Darneille, Pettigrew, O'Brien, Kagi, Simpson, G., Dickerson and Wallace


              AN ACT Relating to DNA testing; and amending RCW 10.73.170.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2873           by Representatives Darneille, Benson, Morrell, Conway, Haigh, Talcott, Bailey, Lantz, McDonald, Shabro, Campbell, Linville, Simpson, G., Sullivan, Kenney, Upthegrove, Santos, Ormsby and Kagi


              AN ACT Relating to establishing a military family assistance program; adding new sections to chapter 43.330 RCW; and creating a new section.


             Referred to Committee on Children & Family Services.

 

HB 2874           by Representatives Darneille and Kagi


              AN ACT Relating to certificates of discharge of sentence; and amending RCW 9.94A.637.


             Referred to Committee on Criminal Justice & Corrections.

 

HB 2875           by Representatives Upthegrove, Ruderman, Miloscia, Nixon, Tom, Eickmeyer, Santos, Ormsby and Kagi


              AN ACT Relating to enhancing voting programs for young people; creating new sections; and providing an expiration date.


             Referred to Committee on State Government.

 

HB 2876           by Representatives McMahan and Mielke


              AN ACT Relating to excise tax exemptions for school districts; adding a new section to chapter 82.08 RCW; and adding a new section to chapter 82.12 RCW.


             Referred to Committee on Finance.

 

HJM 4038         by Representatives Cairnes, Roach, Orcutt, Armstrong, Nixon, Holmquist, Woods, Carrell, Mastin, Kristiansen, Cox, Newhouse, Hinkle, Bush, Sehlin, Benson, Ahern, Chandler, Buck, Shabro, Campbell and Mielke


              Recognizing the flag of the former Republic of Vietnam.


             Referred to Committee on State Government.

 

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.

 

ESB 5257         by Senators Roach, Doumit, Hale, Mulliken, T. Sheldon, Hewitt, Stevens, Parlette, Horn, Rossi, Benton, Johnson, Rasmussen and Esser


              AN ACT Relating to administrative rule adoption procedures; and amending RCW 34.05.360.


             Referred to Committee on State Government.

 

SCR 8420         by Senators Stevens, Shin, Mulliken, Parlette and Kohl-Welles


              Creating the American Legislative Exchange Council Thirty-first Annual Meeting Host Committee.


             Referred to Committee on State Government.


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


REPORTS OF STANDING COMMITTEES


January 19, 2004

HB 1667           Prime Sponsor, Representative Conway: Clarifying local government land use and zoning powers over gambling activities. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; McMorris, Ranking Minority Member; Condotta, Assistant Ranking Minority Member; Crouse; Holmquist; Hudgins; Kenney and McCoy.


             Passed to Committee on Rules for second reading.


             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.


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


COMMITTEE ASSIGNMENTS


             Representative Rodne was assigned to the Committee on Health Care, the Committee on Trade & Economic Development and the Committee on Transportation.


             There being no objection, the House adjourned until 9:55 a.m., January 22, 2004, the 11th Day of the Regular Session.


FRANK CHOPP, Speaker                                                                                 RICHARD NAFZIGER, Chief Clerk