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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

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TWENTY SECOND DAY

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House Chamber, Olympia, Monday, February 02, 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 Therese Charba and Matthew Clegg. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Rabbi Seth Goldstein, Temple Beth Hatfiloh, Olympia.

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

MESSAGE FROM THE SENATEJanuary 28, 2004

Mr. Speaker:

The Senate has passed:

ENGROSSED THIRD SUBSTITUTE SENATE BILL NO. 5364,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6239,

SUBSTITUTE SENATE BILL NO. 6240,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

MESSAGE FROM THE SECRETARY OF STATE

The Honorable Speaker of the House of Representatives

Legislature of the State of Washington

Olympia, Washington

Mr. Speaker:

As required by Article II, Section 1, of the State Constitution and RCW 29.79.200, we herein respectfully certify that we have completed the verification of the signatures on Initiative to the Legislature 297, a copy of which was preliminarily certified to you on January 12, 2004, and we have determined that the initiative contains the signatures of at least 212,307 legal voters in the State of Washington. As the number exceeds that required by the State Constitution (197,734), we hereby certify that Initiative to the Legislature 297 is qualified to appear on the state general election ballot unless approved by the Legislature during this session.

IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the State of Washington, this 29^th day of January, 2004.

SAM REED

Secretary of State

INTRODUCTION & FIRST READING

HB 3162 by Representatives Delvin, Hankins and Linville

AN ACT Relating to theft of livestock; amending RCW 9A.56.080 and 4.24.320; prescribing penalties; and providing an effective date.

Referred to Committee on Agriculture & Natural Resources.

HB 3163 by Representatives McIntire, Chandler, Linville, Mastin and Cairnes; by request of Governor Locke

AN ACT Relating to the reporting and collection of the real estate excise tax upon transfers of water rights; amending RCW 90.80.080, 82.45.010, and 82.45.090; adding new sections to chapter 90.03 RCW; creating a new section; and providing an effective date.

Referred to Committee on Finance.

HB 3164 by Representatives Murray, Ericksen, Wallace, Jarrett, Sommers, Rockefeller, Woods, Ruderman, Hatfield, Morris, Cooper, Simpson, G. and Hankins

AN ACT Relating to transportation innovative partnerships; and adding a new chapter to Title 47 RCW.

Referred to Committee on Transportation.

HB 3165 by Representatives Hunter and Schual-Berke

AN ACT Relating to educational staff associate positions; and amending RCW 28A.150.410.

Referred to Committee on Appropriations.

HB 3166 by Representatives O'Brien and Fromhold

AN ACT Relating to providers of housing for sex offenders; and adding a new section to chapter 4.24 RCW.

Referred to Committee on Judiciary.

HB 3167 by Representative Kirby

AN ACT Relating to ocularists; amending RCW 18.55.085; and adding new sections to chapter 18.55 RCW.

Referred to Committee on Health Care.

HB 3168 by Representatives Cairnes, Morris, Roach, Schual-Berke and Simpson, G.

AN ACT Relating to business and occupation taxation of health care services provided to government; and adding a new section to chapter 82.04 RCW.

Referred to Committee on Finance.

HJM 4044 by Representatives Romero, Dickerson, Moeller, O'Brien, Santos, Lovick, Dunshee, McIntire, Kenney, Hunter, Chase, Clibborn, Ruderman, Veloria, Hudgins, McCoy, Darneille, Simpson, G., Upthegrove, Lantz, Hunt and Wood

Expressing opposition to drilling in the Arctic National Wildlife Refuge.

Referred to Committee on Fisheries, Ecology & Parks.

SSCR 8418 by Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Berkey, Swecker, Doumit, Schmidt, Mulliken, Parlette, Keiser, Rasmussen, Haugen and Murray)

Creating a joint select legislative task force to evaluate permitting processes.

Referred to Committee on Local Government.

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

REPORTS OF STANDING COMMITTEES

January 29, 2004

HB 2347 Prime Sponsor, Representative McDonald: Authorizing additional sales tax authority for public facilities districts. Reported by Committee on Trade & Economic Development

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Veloria, Chairman; Eickmeyer, Vice Chairman; Skinner, Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Blake; Chase; Condotta; Kristiansen; McCoy; Ormsby; Pettigrew; Priest and Rodne.

Referred to Committee on Finance.

January 28, 2004

HB 2360 Prime Sponsor, Representative Kagi: Establishing a wage ladder for child care workers. Reported by Committee on Children & Family Services

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Kagi, Chairman; Darneille, Vice Chairman; Dickerson; Miloscia and Pettigrew.

MINORITY recommendation: Do not pass. Signed by Representatives Boldt, Ranking Minority Member; Roach, Assistant Ranking Minority Member; Bailey and Shabro.

Referred to Committee on Appropriations.

January 29, 2004

HB 2441 Prime Sponsor, Representative Chase: Creating a "Washington Made" logo. Reported by Committee on Trade & Economic Development

MINORITY recommendation: Do not pass. Signed by Representatives Kristiansen.

Passed to Committee on Rules for second reading.

January 29, 2004

HB 2446 Prime Sponsor, Representative O'Brien: Eliminating a restriction on payment agreements. Reported by Committee on Capital Budget

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Chairman; Alexander, Ranking Minority Member; Priest, Assistant Ranking Minority Member; Armstrong; Benson; Blake; Bush; Chase; Eickmeyer; Flannigan; Hankins; Hinkle; Kirby; Lantz; Mastin; Morrell; Murray; Newhouse; O'Brien; Orcutt; Schoesler; Simpson, G.; Veloria and Woods.

Passed to Committee on Rules for second reading.

January 28, 2004

HB 2455 Prime Sponsor, Representative Santos: Providing for financial literacy. Reported by Committee on Education

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Quall, Chairman; McDermott, Vice Chairman; Talcott, Ranking Minority Member; Tom, Assistant Ranking Minority Member; Anderson; Cox; Haigh; Hunter; McMahan; Rockefeller and Santos.

Passed to Committee on Rules for second reading.

January 29, 2004

HB 2483 Prime Sponsor, Representative Murray: Modifying the disposition of title fees. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Ericksen, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Armstrong; Bailey; Campbell; Clibborn; Cooper; Dickerson; Edwards; Flannigan; Hankins; Hatfield; Hudgins; Kristiansen; Lovick; Mielke; Morris; Nixon; Rodne; Romero; Schindler; Shabro; Simpson, G.; Sullivan; Wallace and Woods.

Passed to Committee on Rules for second reading.

January 29, 2004

HB 2585 Prime Sponsor, Representative Cody: Prohibiting civil or criminal liabilities or penalties for actions related to the Washington state health insurance pool. Reported by Committee on Judiciary

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Moeller, Vice Chairman; Carrell, Ranking Minority Member; McMahan, Assistant Ranking Minority Member; Campbell; Flannigan; Kirby; Lovick and Newhouse.

Passed to Committee on Rules for second reading.

January 29, 2004

HB 2598 Prime Sponsor, Representative Grant: Providing venue for administrative rule challenges in Spokane, Yakima, and Bellingham for residents of those appellate districts. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Moeller, Vice Chairman; Carrell, Ranking Minority Member; McMahan, Assistant Ranking Minority Member; Campbell; Kirby; Lovick and Newhouse.

MINORITY recommendation: Do not pass. Signed by Representatives Flannigan.

Passed to Committee on Rules for second reading.

January 29, 2004

HB 2736 Prime Sponsor, Representative Murray: Streamlining transportation governance. Reported by Committee on Transportation

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Jarrett, Assistant Ranking Minority Member; Campbell; Clibborn; Cooper; Dickerson; Edwards; Hankins; Hatfield; Hudgins; Lovick; Morris; Romero; Shabro; Simpson, G.; Sullivan; Wallace and Woods.

MINORITY recommendation: Do not pass. Signed by Representatives Ericksen, Ranking Minority Member; Armstrong; Bailey; Flannigan; Kristiansen; Mielke; Nixon; Rodne and Schindler.

Passed to Committee on Rules for second reading.

January 28, 2004

HB 2792 Prime Sponsor, Representative Kagi: Initiating a process to develop collaboration among public and private providers of child welfare services. Reported by Committee on Children & Family Services

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Kagi, Chairman; Darneille, Vice Chairman; Boldt, Ranking Minority Member; Roach, Assistant Ranking Minority Member; Bailey; Dickerson; Miloscia; Pettigrew and Shabro.

Passed to Committee on Rules for second reading.

January 29, 2004

HB 2839 Prime Sponsor, Representative Schual-Berke: Creating a task force to study alternatives for resolving disputes related to injuries resulting from health care. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass as amended.

On page 3, beginning on line 17, after "shall" strike all material through "issues" on line 19 and insert "use staff of the office of program research and senate committee services"

On page 3, line 20, after "2004" insert ", and to provide other staff support services needed by the task force"

Signed by Representatives Lantz, Chairman; Moeller, Vice Chairman; Carrell, Ranking Minority Member; McMahan, Assistant Ranking Minority Member; Campbell; Flannigan; Kirby; Lovick and Newhouse.

Referred to Committee on Appropriations.

January 29, 2004

HB 2859 Prime Sponsor, Representative Wallace: Authorizing projects recommended by the public works board. Reported by Committee on Capital Budget

Passed to Committee on Rules for second reading.

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

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

THIRD READING

SUBSTITUTE HOUSE BILL NO. 1005, By House Committee on Technology, Telecommunications & Energy (originally sponsored by Representatives Morris, Linville, Wood, Anderson, Fromhold, Conway, Kessler, O'Brien, Kenney, Haigh, Schual-Berke and Sullivan)

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

There being no objection, the rules were suspended and SUBSTITUTE HOUSE BILL NO. 1005 was returned to second reading for purpose of amendment.

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

SECOND READING

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

Representative Ruderman moved the adoption of the following amendment (758):

On page 4, line 25, after "December 31," strike "2003" and insert "2004"

On page 4, line 26, after "July 1," strike "2004" and insert "2005"

Representative Ruderman 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 Ruderman and Crouse spoke in favor of passage of the bill.

MOTIONS

On motion of Representative Clements, Representative McMorris was excused. On motion of Representative Hudgins, Representative Morris was excused.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1005.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1005 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, 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, Moeller, Morrell, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 96.

Excused: Representatives McMorris and Morris - 2.

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

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

THIRD READING

SECOND SUBSTITUTE HOUSE BILL NO. 1234, By House Committee on Appropriations (originally sponsored by Representatives Pettigrew, Veloria, McCoy, Conway and Chase)

Establishing an industry cluster-based approach to economic development.

The bill was read the third time.

Representatives Pettigrew and Skinner spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 1234.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1234 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Excused: Representatives McMorris and Morris - 2.

SECOND SUBSTITUTE HOUSE BILL NO. 1234 , having received the necessary constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4018, By Representatives Blake, Veloria and Kenney

Requesting Congress to enter trade agreements that are more fair to domestic agricultural businesses.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Joint Memorial No. 4018.

ROLL CALL

The Clerk called the roll on the final passage of House Joint Memorial No. 4018 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Excused: Representatives McMorris and Morris - 2.

HOUSE JOINT MEMORIAL NO. 4018 , having received the necessary constitutional majority, was declared passed.

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

There being no objection, the House adjourned until 9:55 a.m., February 3, 2004, the 23rd Day of the Regular Session.

FRANK CHOPP, Speaker RICHARD NAFZIGER, Chief Clerk