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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

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TWENTY FIFTH DAY

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House Chamber, Olympia, Thursday, February 5, 2004

The House was called to order at 9:55 a.m. by the Speaker (Representative Lovick presiding).

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

MESSAGE FROM THE SENATE

February 4, 2004

Mr. Speaker:

The Senate has passed SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8418, and the same is herewith transmitted.

Milt H. Doumit, Secretary

INTRODUCTION & FIRST READING

HB 3185 by Representatives Boldt and McMahan

AN ACT Relating to creating an academic bill of rights; adding a new section to chapter 28B.10 RCW; and creating a new section.

Referred to Committee on Higher Education.

HB 3186 by Representatives Hudgins, Conway, Romero and Hunt

AN ACT Relating to consumer knowledge of contact center operations; adding a new chapter to Title 19 RCW; and providing an effective date.

Referred to Committee on Commerce & Labor.

HB 3187 by Representatives Romero, Hudgins, Conway, Hunt, McDermott, Morrell and Chase

AN ACT Relating to prohibiting work under state contracts from being performed at locations outside the United States; amending RCW 39.29.008, 41.06.142, 43.19.1911, and 43.19.1932; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 39.04 RCW; adding a new section to chapter 47.28 RCW; creating new sections; providing an effective date; and declaring an emergency.

Referred to Committee on Commerce & Labor.

HB 3188 by Representatives Conway and Wood

AN ACT Relating to liability to the department of labor and industries for premiums, overpayments, and penalties; amending RCW 51.08.177, 51.12.070, 51.36.110, and 51.32.240; adding a new section to chapter 51.48 RCW; and creating a new section.

Referred to Committee on Commerce & Labor.

HB 3189 by Representatives Dunshee, Priest and Anderson

AN ACT Relating to expanding the criteria for habitat conservation programs; amending RCW 79A.15.010, 79A.15.030, 79A.15.040, 79A.15.050, 79A.15.060, 79A.15.070, 79A.15.080, and 84.33.140; reenacting and amending RCW 43.84.092 and 43.84.092; adding new sections to chapter 79A.15 RCW; adding a new section to chapter 79.70 RCW; adding a new section to chapter 79.71 RCW; providing effective dates; and providing an expiration date.

Referred to Committee on Capital Budget.

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

REPORTS OF STANDING COMMITTEES

February 3, 2004

HB 2313 Prime Sponsor, Representative Carrell: Regulating bail bond recovery agents. Reported by Committee on Commerce & Labor

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; McMorris, Ranking Minority Member; Condotta, Assistant Ranking Minority Member; Crouse; Hudgins; Kenney and McCoy.

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

Referred to Committee on Appropriations.

February 3, 2004

HB 2332 Prime Sponsor, Representative Sullivan: Creating the investing in innovation account. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Sommers, Chairman; Fromhold, Vice Chairman; Sehlin, Ranking Minority Member; Pearson, Assistant Ranking Minority Member; Alexander; Anderson; Boldt; Buck; Chandler; Clements; Cody; Conway; Cox; Dunshee; Grant; Hunter; Kagi; Kenney; Kessler; Linville; McDonald; McIntire; Miloscia; Ruderman; Schual-Berke; Sump and Talcott.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2336 Prime Sponsor, Representative Schual-Berke: Providing for stem cell research. Reported by Committee on Health Care

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cody, Chairman; Morrell, Vice Chairman; Clibborn; Darneille; Edwards; Moeller and Schual-Berke.

MINORITY recommendation: Do not pass. Signed by Representatives Bailey, Ranking Minority Member; Alexander; Benson; Campbell; Rodne and Skinner.

Referred to Committee on Appropriations.

February 3, 2004

HB 2345 Prime Sponsor, Representative Sommers: Establishing a commemorative works account for the department of general administration. Reported by Committee on Appropriations

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2359 Prime Sponsor, Representative Kagi: Altering the amount of earned release time available for certain jail inmates. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Kagi and Veloria.

MINORITY recommendation: Do not pass. Signed by Representatives Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Pearson.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2363 Prime Sponsor, Representative Kagi: Eliminating the supervision of certain probationers by the department of corrections. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Kagi and Veloria.

MINORITY recommendation: Do not pass. Signed by Representatives Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Pearson.

Referred to Committee on Appropriations.

February 3, 2004

HB 2380 Prime Sponsor, Representative Grant: Requiring the governor's signature on significant legislative rules. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Nixon; Tom and Wallace.

MINORITY recommendation: Without recommendation. Signed by Representatives Hunt and McDermott.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2414 Prime Sponsor, Representative Kenney: Refining membership of the nursing care quality assurance commission. Reported by Committee on Health Care

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cody, Chairman; Morrell, Vice Chairman; Bailey, Ranking Minority Member; Alexander; Benson; Campbell; Clibborn; Darneille; Edwards; Moeller; Rodne; Schual-Berke and Skinner.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2418 Prime Sponsor, Representative Cooper: Providing benefits to certain disabled members of the law enforcement officers' and fire fighters' retirement system plan 2. Reported by Committee on Appropriations

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2419 Prime Sponsor, Representative G. Simpson: Calculating the retirement allowance of a member of the law enforcement officers' and fire fighters' retirement system plan 2 who is killed in the course of employment. Reported by Committee on Appropriations

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2424 Prime Sponsor, Representative Hudgins: Authorizing elected officials to solemnize marriages. Reported by Committee on Juvenile Justice & Family Law

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

MINORITY recommendation: Do not pass. Signed by Representatives Delvin, Ranking Minority Member; Carrell and Hinkle.

Passed to Committee on Rules for second reading.

February 4, 2004

HB 2438 Prime Sponsor, Representative Buck: Revising provision for elections for changing a municipal plan of government. Reported by Committee on Local Government

MAJORITY recommendation: Do pass. Signed by Representatives Romero, Chairman; D. Simpson, Vice Chairman; Schindler, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Ahern; Clibborn; Edwards; Ericksen; Mielke; Moeller and Upthegrove.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2454 Prime Sponsor, Representative Buck: Allowing DNR to accept voluntary contributions. Reported by Committee on Appropriations

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2490 Prime Sponsor, Representative Haigh: Providing for representation on governing body for public hospital district that joins with another entity. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2504 Prime Sponsor, Representative Schoesler: Concerning water policy in regions with regulated reductions in aquifer levels. Reported by Committee on Agriculture & Natural Resources

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Schoesler, Ranking Minority Member; Holmquist, Assistant Ranking Minority Member; Chandler; Eickmeyer; Grant; Hunt; Kristiansen; McDermott; Orcutt; Quall and Sump.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2505 Prime Sponsor, Representative Schual-Berke: Revising the fee for birth certificates suitable for display. Reported by Committee on Appropriations

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2556 Prime Sponsor, Representative O'Brien: Studying criminal background check processes. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Pearson and Veloria.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2559 Prime Sponsor, Representative O'Brien: Authorizing the certification of corrections officers. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Kagi and Veloria.

MINORITY recommendation: Do not pass. Signed by Representatives Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Pearson.

Referred to Committee on Appropriations.

February 3, 2004

HB 2575 Prime Sponsor, Representative Cairnes: Relating to provisions of the Washington horse racing commission's authority. Reported by Committee on Commerce & Labor

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2595 Prime Sponsor, Representative Dickerson: Monitoring compliance with standards regarding the sale of violent video and computer games. Reported by Committee on Juvenile Justice & Family Law

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

MINORITY recommendation: Do not pass. Signed by Representatives Delvin, Ranking Minority Member; Carrell and Hinkle.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2601 Prime Sponsor, Representative Lovick: Prohibiting the unlawful discharge of reserve officers. 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.

February 3, 2004

HB 2621 Prime Sponsor, Representative Blake: Providing for a razor clam license. Reported by Committee on Fisheries, Ecology & Parks

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cooper, Chairman; Upthegrove, Vice Chairman; Sump, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Buck; Hatfield; O'Brien; Pearson and D. Simpson.

Referred to Committee on Appropriations.

February 3, 2004

HB 2626 Prime Sponsor, Representative Hatfield: Allowing the department of fish and wildlife to allocate certain forfeited moneys for coastal groundfish management and research. Reported by Committee on Fisheries, Ecology & Parks

MAJORITY recommendation: Do pass. Signed by Representatives Cooper, Chairman; Upthegrove, Vice Chairman; Sump, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Buck; Hatfield; O'Brien; Pearson and D. Simpson.

Referred to Committee on Appropriations.

February 3, 2004

HB 2628 Prime Sponsor, Representative Kagi: Revising provisions relating to public access to child in need of services and at-risk youth hearings. Reported by Committee on Juvenile Justice & Family Law

MAJORITY recommendation: Do pass. Signed by Representatives Dickerson, Chairman; Pettigrew, Vice Chairman; Delvin, Ranking Minority Member; Carrell; Hinkle; Lovick and Upthegrove.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2629 Prime Sponsor, Representative Kagi: Requiring release of court hearing information. Reported by Committee on Juvenile Justice & Family Law

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dickerson, Chairman; Pettigrew, Vice Chairman; Delvin, Ranking Minority Member; Carrell; Hinkle; Lovick and Upthegrove.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2632 Prime Sponsor, Representative Clibborn: Allowing fax and electronic mail notice of special meetings. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2652 Prime Sponsor, Representative O'Brien: Making persons convicted of felony hit and run ineligible for fifty percent earned release credits. Reported by Committee on Criminal Justice & Corrections

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2683 Prime Sponsor, Representative Haigh: Changing provisions relating to providing notice of proposed rule changes. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

February 2, 2004

HB 2705 Prime Sponsor, Representative Dunshee: Creating a developmental disabilities community trust account. Reported by Committee on Capital Budget

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dunshee, Chairman; Hunt, Vice Chairman; Priest, Assistant Ranking Minority Member; Armstrong; Benson; Blake; Bush; Chase; Eickmeyer; Flannigan; Hankins; Hinkle; Kirby; Lantz; Morrell; Murray; Newhouse; O'Brien; G. Simpson and Veloria.

MINORITY recommendation: Do not pass. Signed by Representatives Alexander, Ranking Minority Member; Mastin; Orcutt; Schoesler and Woods.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2707 Prime Sponsor, Representative Kenney: Reaffirming the mission of the higher education branch campuses. Reported by Committee on Higher Education

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Kenney, Chairman; Fromhold, Vice Chairman; Cox, Ranking Minority Member; Priest, Assistant Ranking Minority Member; Boldt; Chase; Condotta; Jarrett; McCoy; Morrell and Ormsby.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2711 Prime Sponsor, Representative Kenney: Funding a central resource center for the nursing work force. Reported by Committee on Health Care

Referred to Committee on Appropriations.

February 3, 2004

HB 2716 Prime Sponsor, Representative D. Simpson: Increasing penalties for eluding a police vehicle. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Pearson and Veloria.

Referred to Committee on Appropriations.

February 3, 2004

HB 2741 Prime Sponsor, Representative Miloscia: Managing digital public records. Reported by Committee on State Government

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2744 Prime Sponsor, Representative Miloscia: Implementing the Help America Vote Act. Reported by Committee on State Government

Referred to Committee on Appropriations.

February 3, 2004

HB 2752 Prime Sponsor, Representative O'Brien: Concerning forfeited property. Reported by Committee on Fisheries, Ecology & Parks

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2787 Prime Sponsor, Representative Kessler: Providing immunity from liability for licensed health care providers at community health care settings. Reported by Committee on Health Care

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cody, Chairman; Morrell, Vice Chairman; Bailey, Ranking Minority Member; Alexander; Campbell; Clibborn; Darneille; Rodne; Schual-Berke and Skinner.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2788 Prime Sponsor, Representative Kessler: Establishing priority for funds in the liability insurance program for retired primary care providers volunteering to serve low-income patients. Reported by Committee on Health Care

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cody, Chairman; Morrell, Vice Chairman; Bailey, Ranking Minority Member; Alexander; Campbell; Clibborn; Darneille; Moeller; Rodne; Schual-Berke and Skinner.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2794 Prime Sponsor, Representative Condotta: Allowing licensees to pay for liquor using debit and credit cards. Reported by Committee on Commerce & Labor

Referred to Committee on Finance.

February 4, 2004

HB 2811 Prime Sponsor, Representative Jarrett: Establishing permit processing timelines and reporting requirements for certain local governments subject to the requirements of RCW 36.70A.215. Reported by Committee on Local Government

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2831 Prime Sponsor, Representative Chandler: Increasing the number of days certain fairs can use the special occasion liquor license. Reported by Committee on Commerce & Labor

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2834 Prime Sponsor, Representative Schual-Berke: Improving the discipline of health professions. Reported by Committee on Health Care

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cody, Chairman; Morrell, Vice Chairman; Bailey, Ranking Minority Member; Campbell; Clibborn; Darneille; Moeller and Schual-Berke.

MINORITY recommendation: Do not pass. Signed by Representatives Alexander; Rodne and Skinner.

Referred to Committee on Appropriations.

February 3, 2004

HB 2867 Prime Sponsor, Representative McDermott: Conforming legal notice broadcast requirements to current practice. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2875 Prime Sponsor, Representative Upthegrove: Creating a task force to enhance youth voter education programs. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2879 Prime Sponsor, Representative Cody: Revising the department of health's health professions disciplinary authority. Reported by Committee on Health Care

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cody, Chairman; Morrell, Vice Chairman; Campbell; Clibborn; Darneille; Moeller and Schual-Berke.

MINORITY recommendation: Do not pass. Signed by Representatives Bailey, Ranking Minority Member; Alexander; Rodne and Skinner.

Passed to Committee on Rules for second reading.

February 3, 2004

HB 2919 Prime Sponsor, Representative Condotta: Adjusting ORV fees. Reported by Committee on Fisheries, Ecology & Parks

Referred to Committee on Capital Budget.

February 4, 2004

HB 2957 Prime Sponsor, Representative Linville: Authorizing local preferences in purchases by local governments. Reported by Committee on Local Government

MINORITY recommendation: Without recommendation. Signed by Representatives Ericksen.

Passed to Committee on Rules for second reading.

February 4, 2004

HB 3045 Prime Sponsor, Representative Veloria: Directing the board of natural resources to exchange certain common school trust land. Reported by Committee on Capital Budget

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

Passed to Committee on Rules for second reading.

February 3, 2004

HB 3051 Prime Sponsor, Representative Pettigrew: Revising notice provisions for proceedings involving Indian children. Reported by Committee on Juvenile Justice & Family Law

Passed to Committee on Rules for second reading.

February 3, 2004

HB 3088 Prime Sponsor, Representative Linville: Preserving farms. Reported by Committee on Agriculture & Natural Resources

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Schoesler, Ranking Minority Member; Eickmeyer; Grant; Hunt; McDermott; Orcutt and Quall.

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

Referred to Committee on Appropriations.

February 3, 2004

HJM 4030 Prime Sponsor, Representative Schual-Berke: Encouraging stem cell research. Reported by Committee on Health Care

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chairman; Morrell, Vice Chairman; Clibborn; Darneille; Edwards; Moeller and Schual-Berke.

MINORITY recommendation: Do not pass. Signed by Representatives Bailey, Ranking Minority Member; Alexander; Benson; Campbell; Rodne and Skinner.

Passed to Committee on Rules for second reading.

February 3, 2004

HJM 4036 Prime Sponsor, Representative Linville: Requesting federal funding to help implement certain Clean Water Act requirements. Reported by Committee on Agriculture & Natural Resources

Passed to Committee on Rules for second reading.

February 4, 2004

HJR 4215 Prime Sponsor, Representative Sommers: Authorizing consolidation or merging of statutory and constitutional county functions and structures. Reported by Committee on Local Government

MAJORITY recommendation: Do pass. Signed by Representatives Romero, Chairman; D. Simpson, Vice Chairman; Jarrett, Assistant Ranking Minority Member; Clibborn; Edwards; Mielke; Moeller and Upthegrove.

MINORITY recommendation: Do not pass. Signed by Representatives Schindler, Ranking Minority Member; Ahern and Ericksen.

Passed to Committee on Rules for second reading.

There being no objection, the bills, memorials and resolution 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 eleventh order of business.

There being no objection, the House adjourned until 10:00 a.m., February 6, 2004, the 26th Day of the Regular Session.

FRANK CHOPP, Speaker RICHARD NAFZIGER, Chief Clerk