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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

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THIRTY FOURTH DAY

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House Chamber, Olympia, Saturday, February 14, 2004

The House was called to order at 9:30 a.m. by the Speaker (Representative Lovick presiding). The Clerk called the roll and a quorum was present.

The Speaker (Representative Lovick presiding) called upon Representative Hatfield to preside.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Jill Rosenblum and Mal Monahan. The Speaker (Representative Hatfield presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Representative David Quall.

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

MESSAGES FROM THE SENATE

February 13, 2004

Mr. Speaker:

The Senate has passed the following bills:

SUBSTITUTE SENATE BILL NO. 6118,

SECOND SUBSTITUTE SENATE BILL NO. 6144,

SECOND SUBSTITUTE SENATE BILL NO. 6220,

SENATE BILL NO. 6259,

SUBSTITUTE SENATE BILL NO. 6466,

SENATE BILL NO. 6502,

ENGROSSED SENATE JOINT MEMORIAL NO. 8039,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

February 13, 2004

Mr. Speaker:

The Senate has passed the following bills:

SUBSTITUTE SENATE BILL NO. 5877,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6481,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

February 13, 2004

Mr. Speaker:

The Senate has passed the following bills:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5150,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5431,

SUBSTITUTE SENATE BILL NO. 5590,

SENATE BILL NO. 6177,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6270,

SUBSTITUTE SENATE BILL NO. 6419,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6472,

SUBSTITUTE SENATE BILL NO. 6619,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6680,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6701,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

February 13, 2004

Mr. Speaker:

The Senate has passed the following bills:

SUBSTITUTE SENATE BILL NO. 6105,

SUBSTITUTE SENATE BILL NO. 6245,

SENATE BILL NO. 6314,

SUBSTITUTE SENATE BILL NO. 6341,

SUBSTITUTE SENATE BILL NO. 6384,

SUBSTITUTE SENATE BILL NO. 6609,

SUBSTITUTE SENATE BILL NO. 6641,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6642,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

February 13, 2004

Mr. Speaker:

The Senate has passed the following bills:

ENGROSSED SUBSTITUTE SENATE BILL NO. 6413,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6519,

and the same are herewith transmitted.

Milt H. Doumit, Secretary

February 13, 2004

Mr. Speaker:

The Senate has passed SECOND SUBSTITUTE SENATE BILL NO. 5914, and the same is herewith transmitted.

Milt H. Doumit, Secretary

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

THIRD READING

SUBSTITUTE HOUSE BILL NO. 1031, By House Committee on Judiciary (originally sponsored by Representatives Lovick, O'Brien, Sullivan and Lantz)

Revising rules for payment of traffic infraction and misdemeanor penalties.

The bill was read the third time.

Representatives Lovick and Carrell spoke in favor of passage of the bill.

MOTIONS

On motion of Representative Santos, Representatives Edwards, Hunter, McCoy, McIntire, Morris, Schual-Berke, Sullivan, Upthegrove, and Wood were excused. On motion of Representative Clements, Representatives Armstrong, Campbell and Mastin were excused.

The Speaker (Representative Hatfield presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1031.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1031 and the bill passed the House by the following vote: Yeas - 86, Nays - 0, Absent - 0, Excused - 12.

Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McDermott, McDonald, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sump, Talcott, Tom, Veloria, Wallace, Woods and Mr. Speaker - 86.

Excused: Representatives Armstrong, Campbell, Edwards, Hunter, Mastin, McCoy, McIntire, Morris, Schual-Berke, Sullivan, Upthegrove, and Wood - 12.

SUBSTITUTE HOUSE BILL NO. 1031, having received the necessary constitutional majority, was declared passed.

The Speaker (Representative Hatfield presiding) called upon Representative Lovick to preside.

SUBSTITUTE HOUSE BILL NO. 1867, By House Committee on Judiciary (originally sponsored by Representatives Lantz, Carrell and Rockefeller)

Establishing replevin procedures.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1867.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1867 and the bill passed the House by the following vote: Yeas - 87, Nays - 0, Absent - 0, Excused - 11.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McDermott, McDonald, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sump, Talcott, Tom, Veloria, Wallace, Woods and Mr. Speaker - 87.

Excused: Representatives Campbell, Edwards, Hunter, Mastin, McCoy, McIntire, Morris, Schual-Berke, Sullivan, Upthegrove and Wood - 11.

SUBSTITUTE HOUSE BILL NO. 1867, having received the necessary constitutional majority, was declared passed.

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

SECOND READING

HOUSE BILL NO. 2657, By Representatives Morrell and McDonald

Modifying training requirements for security guards.

The bill was read the second time. There being no objection, Substitute House Bill No. 2657 was substituted for House Bill No. 2657 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2657 was read the second time.

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

Representatives Morrell and McDonald spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2657.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2657 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

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, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McDermott, McDonald, McMahan, McMorris, 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, Sump, Talcott, Tom, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.

Excused: Representatives Edwards, Mastin, McCoy, McIntire, Morris, Sullivan and Upthegrove - 7.

SUBSTITUTE HOUSE BILL NO. 2657, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2680, By Representatives Cody, Bailey, Schual-Berke, G. Simpson, Anderson, Morrell, Kenney, Wallace, Rockefeller and Edwards; by request of Superintendent of Public Instruction

Requiring development of a model policy for nutrition and physical activity for schools.

The bill was read the second time. There being no objection, Substitute House Bill No. 2680 was substituted for House Bill No. 2680 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2680 was read the second time.

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

Representatives Cody, Bailey and Schual-Berke spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2680.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2680 and the bill passed the House by the following vote: Yeas - 79, Nays - 15, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Blake, Boldt, Bush, Cairnes, Campbell, Carrell, Chase, Clibborn, Cody, Conway, Cooper, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Miloscia, Moeller, Morrell, Murray, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Veloria, Wallace, Wood, Woods and Mr. Speaker - 79.

Voting nay: Representatives Armstrong, Benson, Buck, Chandler, Clements, Condotta, Cox, Ericksen, Hinkle, Holmquist, McMorris, Mielke, Newhouse, Schoesler and Sump - 15.

Excused: Representatives Edwards, Mastin, Morris and Upthegrove - 4.

SUBSTITUTE HOUSE BILL NO. 2680, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2708, By Representatives Ormsby, Kenney, Cox, Fromhold, Moeller, Dickerson, Chase, Lantz, Morrell, Wood, Hudgins and Kagi

Creating conditional scholarships for prospective teachers.

The bill was read the second time. There being no objection, Substitute House Bill No. 2708 was substituted for House Bill No. 2708 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2708 was read the second time.

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

Representatives Ormsby and D. Simpson spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2708.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2708 and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.

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, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, 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, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

Voting nay: Representative Sump - 1.

Excused: Representatives Edwards, Mastin and Morris - 3.

SUBSTITUTE HOUSE BILL NO. 2708, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2720, By Representatives Kenney, McCoy, Pearson, Dunshee, Schual-Berke, Cooper, Kristiansen, Chase and Morrell; by request of State Board of Education

Concerning school district superintendent credential preparation programs.

The bill was read the second time.

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

Representative Kenney spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2720.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2720 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, 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 - 95.

Excused: Representatives Edwards, Mastin and Morris - 3.

HOUSE BILL NO. 2720, having received the necessary constitutional majority, was declared passed.

The Speaker assumed the chair.

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

INTRODUCTION & FIRST READING

HB 3197 by Representatives Schual-Berke, Kagi, Cody, Lantz, Morrell, Clibborn and Rockefeller

AN ACT Relating to reporting and analysis of medical malpractice related information; adding a new section to chapter 7.70 RCW; adding a new chapter to Title 48 RCW; and prescribing penalties.

HB 3198 by Representatives Boldt, McMahan and Ahern

AN ACT Relating to enhancements of driving while under the influence convictions; and amending RCW 46.61.5055.

Referred to Committee on Judiciary.

HB 3199 by Representatives Boldt, McMahan and Ahern

AN ACT Relating to reckless driving; amending RCW 46.61.500, 7.68.035, 9.94A.030, 10.31.100, 46.01.260, 46.20.285, 46.20.342, 46.25.010, 46.61.5055, 46.61.513, 46.61.530, 46.61.535, 46.61.665, 46.63.020, and 46.65.020; reenacting and amending RCW 13.40.0357; adding a new section to chapter 46.61 RCW; prescribing penalties; and providing an effective date.

Referred to Committee on Judiciary.

HB 3200 by Representatives Lantz, Morrell, Clibborn and Rockefeller

AN ACT Relating to the time period for bringing an action for personal injury or death resulting from health care; amending RCW 4.16.350 and 4.16.190; and creating a new section.

HB 3201 by Representatives Lantz, Morrell, Clibborn and Rockefeller

AN ACT Relating to frivolous lawsuits; and amending RCW 4.84.185.

ESSB 5150 by Senate Committee on Government Operations & Elections (originally sponsored by Senators Benton, Roach and Stevens)

AN ACT Relating to providing for the election of library trustees; amending RCW 27.12.190; and adding a new section to chapter 27.12 RCW.

Referred to Committee on Local Government.

ESB 5255 by Senators Roach, Hale, Stevens, Mulliken, T. Sheldon, Hewitt, Parlette, Horn, Rossi, Benton, Schmidt, Johnson and Esser

AN ACT Relating to the rule-making authority of various governmental entities; amending RCW 28A.300.040, 41.50.050, 43.06A.030, 43.19.011, 43.21A.064, 43.24.016, 43.27A.090, 43.30.150, 43.31C.060, 43.33.040, 43.33A.110, 43.59.070, 43.61.040, 43.63A.475, 43.70.580, 43.101.085, 43.115.040, 43.117.050, 43.121.050, 43.155.040, 43.160.050, 43.163.100, 43.180.040, 43.200.070, 43.210.060, 43.250.090, 43.320.040, 43.330.040, 47.01.071, 48.02.060, 48.44.050, 48.46.200, 66.08.0501, 77.04.055, and 80.01.040; and adding a new section to chapter 43.17 RCW.

Referred to Committee on State Government.

E2SSB 5369 by Senate Committee on Ways & Means (originally sponsored by Senators Winsley, Haugen, Hale, Oke and McCaslin)

AN ACT Relating to regulating the use of automated traffic safety cameras; amending RCW 3.46.120, 3.50.100, 35.20.220, 46.63.030, and 46.63.140; adding new sections to chapter 46.04 RCW; adding a new section to chapter 46.63 RCW; and creating a new section.

Referred to Committee on Transportation.

SB 5376 by Senator Prentice

AN ACT Relating to the alignment of state route number 99; and amending RCW 47.17.160.

Referred to Committee on Transportation.

ESSB 5431 by Senate Committee on Highways & Transportation (originally sponsored by Senators Oke, Prentice, Horn, Haugen and Rasmussen; by request of Department of Licensing)

AN ACT Relating to positive drug or alcohol test results of commercial motor vehicle operators; amending RCW 46.25.010, 46.25.123, and 46.25.125; reenacting and amending RCW 46.25.090; and creating a new section.

Referred to Committee on Transportation.

2ESSB 5536 by Senate Committee on Judiciary (originally sponsored by Senators Finkbeiner, Reardon, Roach, Hale, Horn, Benton, Morton, Hewitt, Schmidt, Kastama, Sheahan, Mulliken, Johnson, Parlette, Stevens, West and Esser)

AN ACT Relating to condominiums; amending RCW 64.34.100, 64.34.216, 64.34.324, 64.34.410, 64.34.417, 64.34.425, 64.34.445, 64.34.450, and 64.34.452; adding new sections to chapter 64.34 RCW; creating a new section; and providing an effective date.

Referred to Committee on Judiciary.

SSB 5590 by Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Morton, Fraser, Honeyford, Hewitt, Doumit and Regala; by request of Environmental Hearings Office)

AN ACT Relating to determining the appeals period for certain environmental appeals; amending RCW 43.21B.001, 43.21B.190, 43.21B.230, and 43.21B.300; and reenacting and amending RCW 43.21B.310.

Referred to Committee on Judiciary.

2SSB 5793 by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Winsley and Prentice)

AN ACT Relating to minimum nonforfeiture amounts applicable to certain contracts of life insurance and annuities; amending RCW 48.23.430 and 48.23.440; and providing an effective date.

Referred to Committee on Financial Institutions & Insurance.

ESSB 5877 By Senate Committee on Education (originally sponsored by Senators Johnson, McAuliffe, Kohl-Welles and Rasmussen; by request of Governor Locke)

AN ACT Relating to the learning assistance program; adding new sections to chapter 28A.165 RCW; and repealing RCW 28A.165.010, 28A.165.012, 28A.165.030, 28A.165.040, 28A.165.050, 28A.165.060, 28A.165.070, 28A.165.080, and 28A.165.090.

Referred to Committee on Appropriations.

2SSB 5914 by Senate Committee on Ways & Means (originally sponsored by Senators Carlson and Kohl-Welles)

AN ACT Relating to higher education; and creating new sections.

Referred to Committee on Higher Education.

SSB 6105 by Senate Committee on Judiciary (originally sponsored by Senator McCaslin)

AN ACT Relating to juvenile penalties for animal cruelty; amending RCW 13.40.127; reenacting and amending RCW 13.40.0357; prescribing penalties; and providing an effective date.

Referred to Committee on Juvenile Justice & Family Law.

ESSB 6112 by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Prentice, Benton, Winsley, Keiser and Kohl-Welles)

AN ACT Relating to self-funded multiple employer welfare arrangements; amending RCW 48.02.190, 48.03.060, and 48.14.0201; adding a new section to chapter 48.43 RCW; adding a new section to chapter 48.31 RCW; adding a new section to chapter 48.99 RCW; adding a new chapter to Title 48 RCW; prescribing penalties; and declaring an emergency.

Referred to Committee on Financial Institutions & Insurance.

SSB 6118 by Senate Committee on Parks, Fish & Wildlife (originally sponsored by Senators Morton, Stevens, Deccio, Mulliken, Roach and Swecker)

AN ACT Relating to a pilot program for cougar control; and creating a new section.

Referred to Committee on Fisheries, Ecology & Parks.

SB 6141 by Senators Winsley, Kastama, Oke, Franklin, Swecker and Schmidt; by request of Department of Revenue and Department of Veterans Affairs

AN ACT Relating to the property taxation of vehicles carrying exempt licenses; and amending RCW 84.36.595.

Referred to Committee on Finance.

2SSB 6144 by Senate Committee on Ways & Means (originally sponsored by Senators Morton and Deccio)

AN ACT Relating to opportunities and strategies for improving forest health in Washington; amending RCW 79.15.510 and 79.15.520; adding new sections to chapter 79.10 RCW; creating new sections; and declaring an emergency.

Referred to Committee on Agriculture & Natural Resources.

SSB 6160 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Parlette, Keiser and Pflug)

AN ACT Relating to fairness and accuracy in the distribution of risk; amending RCW 18.20.125, 74.39A.050, and 18.20.110; adding new sections to chapter 18.20 RCW; adding a new section to chapter 74.42 RCW; creating a new section; and declaring an emergency.

Referred to Committee on Health Care.

SB 6177 by Senators Eide, Brandland and Winsley

AN ACT Relating to criminal impersonation; amending RCW 9A.60.040 and 9A.60.045; prescribing penalties; and providing an effective date.

Referred to Committee on Criminal Justice & Corrections.

ESB 6180 by Senators Franklin, Eide, Prentice, Kline, Fraser, Hargrove, B. Sheldon, Kohl-Welles, Fairley, Kastama, Regala, McAuliffe, Keiser, Shin, Jacobsen, T. Sheldon, Spanel, Roach and Rasmussen

AN ACT Relating to genetic testing as a condition of employment; and adding a new section to chapter 49.44 RCW.

Referred to Committee on Commerce & Labor.

ESSB 6210 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Keiser, Winsley, Thibaudeau and Deccio)

AN ACT Relating to peer review committees and coordinated quality improvement programs; and amending RCW 4.24.250, 43.70.510, and 70.41.200.

Referred to Committee on Health Care.

SB 6213 by Senators Hargrove, Stevens and Winsley

AN ACT Relating to making technical, clarifying, and nonsubstantive changes to mental health advance directive provisions; amending RCW 71.32.140; and creating a new section.

Referred to Committee on Judiciary.

2SSB 6220 by Senate Committee on Ways & Means (originally sponsored by Senators Kohl-Welles, Johnson, McAuliffe, Esser, Winsley, T. Sheldon, Rasmussen, Kline and Keiser)

AN ACT Relating to school employee duty to report suspected child abuse or neglect; and adding a new section to chapter 28A.400 RCW.

Referred to Committee on Education.

SB 6234 by Senators Oke, Fraser, Swecker, Parlette, Fairley, Jacobsen, Esser, Brown and Kline

AN ACT Relating to off-road and nonhighway vehicles; amending RCW 46.09.020, 46.09.110, 46.09.130, 46.09.130, 46.09.240, and 46.09.280; reenacting and amending RCW 46.09.170 and 46.09.170; providing effective dates; and providing expiration dates.

Referred to Committee on Fisheries, Ecology & Parks.

SSB 6238 by Senate Committee on Land Use & Planning (originally sponsored by Senators T. Sheldon, Haugen, Mulliken, Hale and Rasmussen)

AN ACT Relating to modifying provisions for limited areas of more intensive rural development; and amending RCW 36.70A.070.

Referred to Committee on Local Government.

SSB 6245 by Senate Committee on Education (originally sponsored by Senators Zarelli, Regala, Winsley and Rasmussen)

AN ACT Relating to residency teacher certification partnership programs; amending RCW 28A.660.010, 28A.660.020, 28A.660.030, 28A.660.040, and 28A.660.901; repealing RCW 28A.660.900; and providing an expiration date.

Referred to Committee on Education.

SSB 6255 by Senate Committee on Children & Family Services & Corrections (originally sponsored by Senators Brandland, Kline, McCaslin, Regala, Winsley, Roach, Kohl-Welles, Rasmussen and Parlette)

AN ACT Relating to studying criminal background check processes; creating new sections; making an appropriation; and providing an expiration date.

Referred to Committee on Criminal Justice & Corrections.

SB 6259 by Senators Schmidt, Poulsen, Esser, Prentice and Eide

AN ACT Relating to the taxation of internet services; and amending RCW 35.21.717.

Referred to Committee on Technology, Telecommunications & Energy.

ESSB 6270 by Senate Committee on Judiciary (originally sponsored by Senators Esser, Haugen, Sheahan and Kline)

AN ACT Relating to attorneys' liens; amending RCW 60.40.010; and creating a new section.

Referred to Committee on Judiciary.

E2SSB 6274 by Senate Committee on Ways & Means (originally sponsored by Senators Regala, Stevens, Hargrove and Kline)

AN ACT Relating to competency restoration; amending RCW 10.77.010; reenacting and amending RCW 71.05.390; adding new sections to chapter 10.77 RCW; creating new sections; and declaring an emergency.

Referred to Committee on Judiciary.

SB 6314 by Senators T. Sheldon, Hale, Kohl-Welles, Swecker, Eide, Thibaudeau, Finkbeiner, Brown, B. Sheldon, Shin, Franklin, Regala, Keiser, Doumit, Prentice, McAuliffe, Fraser, Kline, Winsley, Mulliken and Rasmussen

AN ACT Relating to the community economic revitalization board; and amending RCW 43.160.030.

Referred to Committee on Trade & Economic Development.

SSB 6327 by Senate Committee on Highways & Transportation (originally sponsored by Senators Esser, Haugen, Swecker, Jacobsen, Murray and Rasmussen)

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.

SB 6336 by Senators T. Sheldon, Hargrove, Stevens, Winsley, Rasmussen and Oke

AN ACT Relating to extending existing employer workers' compensation group self-insurance to the logging industry; and adding a new section to chapter 51.14 RCW.

Referred to Committee on Commerce & Labor.

SSB 6341 by Senate Committee on Commerce & Trade (originally sponsored by Senator Oke)

AN ACT Relating to cosmetology, barbering, manicuring, and esthetics; amending RCW 18.16.110, 18.16.260, and 18.16.160; reenacting and amending RCW 18.16.060 and 18.16.200; reenacting RCW 18.16.030; adding a new section to chapter 18.16 RCW; creating a new section; repealing RCW 18.16.165; and declaring an emergency.

Referred to Committee on Commerce & Labor.

SSB 6384 by Senate Committee on Judiciary (originally sponsored by Senators Esser, Thibaudeau, Keiser, Regala, Eide, McCaslin, Rasmussen, Oke, Prentice, B. Sheldon, Kline, Murray, McAuliffe, Kohl-Welles and Roach)

AN ACT Relating to penalties against convicted domestic violence offenders to pay for domestic violence programs; amending RCW 3.50.100, 3.62.090, and 10.82.070; reenacting and amending RCW 3.62.020; adding a new section to chapter 10.99 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Juvenile Justice & Family Law.

ESSB 6413 by Senate Committee on Land Use & Planning (originally sponsored by Senators Mulliken, T. Sheldon, Swecker, Rasmussen, Esser, Hargrove, Murray and Stevens)

AN ACT Relating to impact fees for residential construction; adding new sections to chapter 82.02 RCW; adding a new section to chapter 43.21C RCW; and creating a new section.

Referred to Committee on Local Government.

SSB 6419 by Senate Committee on Government Operations & Elections (originally sponsored by Senators Roach, Kastama, McAuliffe, Oke and Winsley; by request of Secretary of State)

AN ACT Relating to implementing the requirements of the Help America Vote Act; amending RCW 29A.08.010, 29A.08.020, 29A.08.030, 29A.08.105, 29A.08.110, 29A.08.115, 29A.08.120, 29A.08.125, 29A.08.135, 29A.08.140, 29A.08.145, 29A.08.155, 29A.08.220, 29A.08.240, 29A.08.250, 29A.08.260, 29A.08.320, 29A.08.350, 29A.08.360, 29A.08.420, 29A.08.430, 29A.08.510, 29A.08.520, 29A.08.540, 29A.08.605, 29A.08.610, 29A.08.620, 29A.08.630, 29A.08.640, 29A.08.710, 29A.08.760, 29A.08.770, 11.88.010, 29A.16.010, 29A.16.130, 29A.44.030, 29A.44.040, 29A.44.220, 29A.44.350, 29.33.305, and 29A.04.610; adding new sections to chapter 29A.08 RCW; adding new sections to chapter 29A.84 RCW; adding new sections to chapter 29A.04 RCW; adding a new section to chapter 29A.12 RCW; adding a new chapter to Title 29A RCW; creating a new section; repealing RCW 29A.04.181, 29A.08.530, 29A.08.645, 29A.08.650, and 29A.08.750; prescribing penalties; providing effective dates; providing an expiration date; and declaring an emergency.

Referred to Committee on State Government.

SSB 6454 by Senate Committee on Education (originally sponsored by Senators McAuliffe, Roach, Fairley, Eide, Regala, Winsley, Prentice, Shin, Kline, Thibaudeau, Johnson, Franklin, Keiser, Rasmussen, Zarelli, Jacobsen and B. Sheldon)

AN ACT Relating to the use of portable or cellular phones or paging telecommunications devices by students; amending RCW 28A.320.135; and creating a new section.

Referred to Committee on Education.

SSB 6457 by Senate Committee on Children & Family Services & Corrections (originally sponsored by Senators Swecker, Stevens, Deccio, Prentice, Parlette, Hargrove, Jacobsen, Kohl-Welles and Rasmussen)

AN ACT Relating to adoption; and creating a new section.

Referred to Committee on Children & Family Services.

SSB 6466 by Senate Committee on Health & Long-Term Care (originally sponsored by Senator Fairley)

AN ACT Relating to the admission of residents to nursing facilities; amending RCW 74.42.055; and declaring an emergency.

Referred to Committee on Health Care.

ESSB 6472 by Senate Committee on Children & Family Services & Corrections (originally sponsored by Senators Hargrove, McAuliffe, Esser, Regala, Stevens and Kohl-Welles; by request of Department of Community, Trade, and Economic Development)

AN ACT Relating to victims of crime; amending RCW 13.40.010, 13.40.165, 13.40.200, 7.69.030, 7.69A.030, and 13.04.040; reenacting and amending RCW 13.40.020, 13.40.080, 13.40.160, and 13.40.190; and providing an effective date.

Referred to Committee on Juvenile Justice & Family Law.

ESSB 6478 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Brandland, Franklin, Deccio, Rasmussen, McCaslin, Murray, B. Sheldon, Parlette, Winsley and Regala; 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, 69.43.110, 69.43.035, and 69.43.130; 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.

SB 6480 by Senators Hewitt, Deccio, Hale, Doumit, Rasmussen, Honeyford and Mulliken

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

Referred to Committee on Commerce & Labor.

ESSB 6481 by Senate Committee on Commerce & Trade (originally sponsored by Senators Hewitt, Jacobsen, Deccio, Rasmussen and Honeyford)

AN ACT Relating to governing class 1 racing associations' authority to participate in parimutuel wagering; amending RCW 67.16.200; adding a new section to chapter 67.16 RCW; and declaring an emergency.

Referred to Committee on Commerce & Labor.

SB 6502 by Senators Deccio, Thibaudeau and Winsley

AN ACT Relating to fees for performing independent reviews of health care disputes; and amending RCW 43.70.235.

Referred to Committee on Health Care.

SSB 6531 by Senate Committee on Judiciary (originally sponsored by Senators Johnson, Kline and Esser; by request of Department of Social and Health Services)

AN ACT Relating to estate adjudication for the department of social and health services; and amending RCW 11.28.330 and 11.28.340.

Referred to Committee on Judiciary.

SB 6577 by Senators Hargrove, Schmidt, Poulsen, Esser, Stevens, Berkey, Eide, McAuliffe and Rasmussen

AN ACT Relating to reporting requirements for community action agencies; creating a new section; and providing an expiration date.

Referred to Committee on Children & Family Services.

SB 6586 by Senators Honeyford and Prentice

AN ACT Relating to requirements for electrical work on boilers; and amending 2003 c 399 s 701 (uncodified).

Referred to Committee on Commerce & Labor.

SSB 6609 by Senate Committee on Children & Family Services & Corrections (originally sponsored by Senators Hargrove, Brandland, Regala, Franklin and Rasmussen)

AN ACT Relating to sealing juvenile records; and reenacting and amending RCW 13.50.050.

Referred to Committee on Juvenile Justice & Family Law.

SSB 6619 by Senate Committee on Government Operations & Elections (originally sponsored by Senators Honeyford, Jacobsen, Haugen, Winsley, Kohl-Welles and Oke; by request of Office of Financial Management)

AN ACT Relating to fiscal impact statements on ballot measures; and amending RCW 29.79.075.

Referred to Committee on State Government.

SSB 6641 by Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators B. Sheldon, Oke, Spanel, Carlson, Fraser, Shin, Regala, Winsley, Kohl-Welles, Poulsen, Kline, Fairley, Jacobsen, Prentice, Haugen, Berkey, Brown, McAuliffe, Franklin, Rasmussen and Keiser)

AN ACT Relating to oil spill management; and amending RCW 90.56.005, 88.46.160, 90.56.060, and 90.56.210.

Referred to Committee on Fisheries, Ecology & Parks.

ESSB 6642 by Senate Committee on Children & Family Services & Corrections (originally sponsored by Senators Stevens, Hargrove, Schmidt, Carlson, Mulliken, Hewitt, Roach and McAuliffe)

AN ACT Relating to case conferences following shelter care hearings; and amending RCW 13.34.067, 13.34.062, and 13.34.094.

Referred to Committee on Children & Family Services.

SSB 6676 by Senate Committee on Highways & Transportation (originally sponsored by Senators Murray, Haugen, Horn, Oke, Benton and Rasmussen; by request of Department of Licensing)

AN ACT Relating to transfer of vehicle license plates and ownership; and amending RCW 46.12.101, 46.16.023, 46.16.290, 46.16.316, and 46.16.590.

Referred to Committee on Transportation.

ESB 6692 by Senators Stevens, Hargrove, McAuliffe, Parlette, Eide, Schmidt, Deccio, Kastama, Regala, Sheahan, Rasmussen and Shin

AN ACT Relating to the definition of out-of-home placement; and amending RCW 74.14C.030.

Referred to Committee on Children & Family Services.

ESB 6698 by Senators Benton and Zarelli

AN ACT Relating to accounting methods for excise tax purposes; and amending RCW 82.08.100 and 82.12.070.

Referred to Committee on Finance.

ESSB 6701 by Senate Committee on Highways & Transportation (originally sponsored by Senators Horn and Haugen)

AN ACT Relating to distribution of SAFETEA funds; adding a new section to chapter 47.01 RCW; creating a new section; and declaring an emergency.

Referred to Committee on Transportation.

SSB 6711 by Senate Committee on Highways & Transportation (originally sponsored by Senators Horn, Jacobsen, Swecker, Prentice and Esser)

AN ACT Relating to membership on regional transportation planning organization boards; amending RCW 47.80.060; and adding a new section to chapter 47.80 RCW.

Referred to Committee on Transportation.

ESJM 8039 by Senators Shin, Jacobsen, Kastama, Thibaudeau, Berkey, Fraser, Doumit, Prentice, Horn, Kohl-Welles, Kline, Fairley, Oke, Stevens, Hale, Zarelli, T. Sheldon, B. Sheldon, Schmidt, McAuliffe, Murray, Spanel, Rasmussen, Winsley, Benton, Regala, Sheahan, Eide, Deccio, McCaslin and Roach

Requesting relief for military installations in Washington State from the latest round of closures under the Base Realignment and Closure process.

Referred to Committee on State Government.

SJM 8040 by Senators Shin, Jacobsen, Kastama, Thibaudeau, Berkey, Fraser, Doumit, Prentice, Horn, Kohl-Welles, Kline, Fairley, Oke, Stevens, Hale, Zarelli, T. Sheldon, B. Sheldon, Schmidt, McAuliffe, Keiser, Murray, Spanel, Brown, Eide, Rasmussen, Winsley and Benton

Requesting funding for veterans' health care needs.

Referred to Committee on State Government.

SJM 8043 by Senators Rasmussen, Brown, Shin and Spanel

Requesting the elimination of preferences given to asparagus under the Andean Trade Preference Act.

Referred to Committee on Agriculture & Natural Resources.

SJM 8052 by Senators Benton and Roach

Requesting that the congressional delegation of the state of Washington work to pass lifetime and retirement savings accounts.

Referred to Committee on Financial Institutions & Insurance.

There being no objection, HOUSE BILL NO. 3197 was read the first time, the rules were suspended and the bill was placed on the second reading calendar.

There being no objection, HOUSE BILL NO. 3200 was read the first time, the rules were suspended and the bill was placed on the second reading calendar.

There being no objection, HOUSE BILL NO. 3201 was read the first time, the rules were suspended and the bill was placed on the second reading calendar.

There being no objection, the remaining bills and memorials 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 13, 2004

HB 2400 Prime Sponsor, Representative McMahan: Providing enhanced penalties for sex crimes against children. 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.

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 sixth order of business.

SECOND READING

HOUSE BILL NO. 2694, By Representatives Santos, Jarrett, Morrell, McDonald, McIntire, Kenney, Chase, Edwards and Darneille

Revising distribution of funds for operating and maintenance of very low-income housing projects.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Local Government was adopted. (For committee amendment(s), see Journal, 26^th Day, February 6, 2004.)

Representative Santos moved the adoption of amendment (836):

On page 1, line 10, after "retain" strike "((up to))" and insert "up to"

On page 1, line 11, after "collected" strike "((to administer)) for" and insert "to administer"

On page 1, line 12, after "collection" strike ", administration, and local distribution"

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

The amendment was adopted.

Representative Mielke moved the adoption of amendment (798):

On page 2, line 13, after "policies." strike all material through "section.))" on line 18 and insert "The funds generated with this surcharge shall not be used for construction of new housing if at ((any))the time funds are dedicated for this purpose the vacancy rate for available low-income housing within the county rises above ten percent, unless the new construction is designed to provide housing to identifiable populations with special housing needs within the county or within a city or town within the county, who are not being adequately served by the private housing market, such as persons with developmental disabilities, senior citizens, homeless persons or families, seasonal farm workers, or victims of domestic violence. The vacancy rate for each county shall be developed using the state low-income vacancy rate standard developed under subsection (3) of this section."

On page 3, line 2, after "standards" insert "regarding dwelling inspections, lease terms, affordability, eligibility for receiving rental assistance vouchers, and grounds for eviction and termination of receipt of voucher funds"

On page 3, line 7, strike "(((3) The real estate research center at Washington State University shall develop a vacancy rate standard for low-income housing in the state as described in RCW 18.85.540(1)(i).))" and insert "(3) The real estate research center at Washington State University shall develop a vacancy rate standard for low-income housing in the state as described in RCW 18.85.540(1)(i)."

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

Representative Romero spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Romero moved the adoption of amendment (897):

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

Representative Mielke spoke against the adoption of the amendment.

The amendment was adopted.

Representative Mielke moved the adoption of amendment (797):

On page 2, line 30, after "vouchers" insert ", payable to a landlord"

Representatives Mielke and Romero spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

Representative Santos spoke in favor of passage of the bill.

Representative Schindler spoke against passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 2694.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2694 and the bill passed the House by the following vote: Yeas - 59, Nays - 37, Absent - 0, Excused - 2.

Voting yea: Representatives Blake, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Shabro, D. Simpson, G. Simpson, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 59.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Roach, Rodne, Schindler, Schoesler, Sehlin, Skinner, Sump and Woods - 37.

Excused: Representatives Edwards and Mastin - 2.

ENGROSSED HOUSE BILL NO. 2694, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1897, By Representatives Kenney, Chandler, Conway and Condotta

Establishing a trainee real estate appraiser classification.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 1897 was substituted for House Bill No. 1897 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 1897 was read the second time.

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

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

The Speaker stated the question before the House to be the final passage of Second Substitute House Bill No. 1897.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1897 and the bill passed the House by the following vote: Yeas - 94, Nays - 2, 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, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 94.

Voting nay: Representatives Nixon and Schindler - 2.

Excused: Representatives Edwards and Mastin - 2.

SECOND SUBSTITUTE HOUSE BILL NO. 1897, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2383, By Representatives Kenney, Cox, Fromhold, Chase, Hudgins, Wood, Morrell, Santos and Kagi

Providing for paying part-time faculty at institutions of higher education.

The bill was read the second time. There being no objection, Substitute House Bill No. 2383 was substituted for House Bill No. 2383 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2383 was read the second time.

Representative Condotta moved the adoption of amendment (853):

On page 2, line 37, after "with" insert "all"

On page 2, line 37, after "employees" strike everything through "section" on page 3, line 3

Representatives Condotta and Kenney spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

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

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2383.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2383 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, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, 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 Edwards and Mastin - 2.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2383, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2481, By Representatives Dickerson, Lovick, Kessler, McIntire, Lantz, Upthegrove, G. Simpson, Darneille, Tom, Moeller, Chase and Santos

Increasing marriage license fees to fund domestic violence programs.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 2481 was substituted for House Bill No. 2481 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2481 was read the second time.

Representative Clements moved the adoption of amendment (829):

On page 2, after line 37, insert the following:

"Sec. 2. RCW 26.04.160 and 1997 c 58 s 909 are each amended to read as follows:

(1) Application for a marriage license must be made and filed with the appropriate county auditor upon blanks to be provided by the county auditor for that purpose, which application shall be under the oath of each of the applicants, and each application shall state the name, address at the time of execution of application, age, social security number, birthplace, whether single, widowed or divorced, and whether under control of a guardian, residence during the past six months: PROVIDED, That each county may require such other and further information on said application as it shall deem necessary.

(2) (a) The county legislative authority may impose an additional fee up to fifteen dollars on a marriage license for the purpose of funding family services such as family support centers.

(b) The county legislative authority may impose an additional fee of three dollars on a marriage license to fund domestic violence prevention services and programs within the county or, if the county does not have such services and programs, to contract with community-based domestic violence program providers."

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

Representatives Clements and Lovick spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

Representatives Dickerson spoke in favor of passage of the bill.

Representatives Anderson, Woods, Ahern, Boldt and Shabro spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 2481.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2481 and the bill passed the House by the following vote: Yeas - 56, Nays - 40, Absent - 0, Excused - 2.

Voting yea: Representatives Blake, Chase, Clements, Clibborn, Cody, Conway, Cooper, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 56.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Condotta, Cox, Crouse, DeBolt, Ericksen, Hinkle, Holmquist, Kristiansen, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott and Woods - 40.

Excused: Representatives Edwards and Mastin - 2.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2481, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2851, By Representatives Clibborn, Campbell, Darneille and Edwards; by request of Department of Health

Removing certificate of need limitations on bed capacity and redistribution for federally certified critical access hospitals.

The bill was read the second time. There being no objection, Substitute House Bill No. 2851 was substituted for House Bill No. 2851 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2851 was read the second time.

With the consent of the House, amendment (906) was withdrawn.

Representative Cody moved the adoption of amendment (916):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 70.38.105 and 1996 c 50 s 1 are each amended to read as follows:

(1) The department is authorized and directed to implement the certificate of need program in this state pursuant to the provisions of this chapter.

(2) There shall be a state certificate of need program which is administered consistent with the requirements of federal law as necessary to the receipt of federal funds by the state.

(3) No person shall engage in any undertaking which is subject to certificate of need review under subsection (4) of this section without first having received from the department either a certificate of need or an exception granted in accordance with this chapter.

(4) The following shall be subject to certificate of need review under this chapter:

(a) The construction, development, or other establishment of a new health care facility;

(b) The sale, purchase, or lease of part or all of any existing hospital as defined in RCW 70.38.025;

(c) Any capital expenditure for the construction, renovation, or alteration of a nursing home which substantially changes the services of the facility after January 1, 1981, provided that the substantial changes in services are specified by the department in rule;

(d) Any capital expenditure for the construction, renovation, or alteration of a nursing home which exceeds the expenditure minimum as defined by RCW 70.38.025. However, a capital expenditure which is not subject to certificate of need review under (a), (b), (c), or (e) of this subsection and which is solely for any one or more of the following is not subject to certificate of need review:

(i) Communications and parking facilities;

(ii) Mechanical, electrical, ventilation, heating, and air conditioning systems;

(iii) Energy conservation systems;

(iv) Repairs to, or the correction of, deficiencies in existing physical plant facilities which are necessary to maintain state licensure, however, other additional repairs, remodeling, or replacement projects that are not related to one or more deficiency citations and are not necessary to maintain state licensure are not exempt from certificate of need review except as otherwise permitted by (d)(vi) of this subsection or RCW 70.38.115(13);

(v) Acquisition of equipment, including data processing equipment, which is not or will not be used in the direct provision of health services;

(vi) Construction or renovation at an existing nursing home which involves physical plant facilities, including administrative, dining areas, kitchen, laundry, therapy areas, and support facilities, by an existing licensee who has operated the beds for at least one year;

(vii) Acquisition of land; and

(viii) Refinancing of existing debt;

(e) A change in bed capacity of a health care facility which increases the total number of licensed beds or redistributes beds among acute care, nursing home care, and boarding home care if the bed redistribution is to be effective for a period in excess of six months, or a change in bed capacity of a rural health care facility licensed under RCW 70.175.100 that increases the total number of nursing home beds or redistributes beds from acute care or boarding home care to nursing home care if the bed redistribution is to be effective for a period in excess of six months. A health care facility certified as a critical access hospital under 42 U.S.C. 1395i-4 may increase its total number of licensed beds to the total number of beds permitted under 42 U.S.C. 1395i-4 for acute care and may redistribute beds permitted under 42 U.S.C. 1395i-4 among acute care and nursing home care without being subject to certificate of need review. If there is a nursing home licensed under chapter 18.51 RCW within twenty-seven miles of the critical access hospital, the critical access hospital is subject to certificate of need review except for:

(i) Critical access hospitals which had designated beds to provide nursing home care, in excess of five swing beds, prior to December 31, 2003; or

(ii) Up to five swing beds.

Critical access hospital beds not subject to certificate of need review under this subsection (4)(e) will not be counted as either acute care or nursing home care for certificate of need review purposes. If a health care facility ceases to be certified as a critical access hospital under 42 U.S.C. 1395i-4, the hospital may revert back to the type and number of licensed hospital beds as it had when it requested critical access hospital designation;

(f) Any new tertiary health services which are offered in or through a health care facility or rural health care facility licensed under RCW 70.175.100, and which were not offered on a regular basis by, in, or through such health care facility or rural health care facility within the twelve-month period prior to the time such services would be offered;

(g) Any expenditure for the construction, renovation, or alteration of a nursing home or change in nursing home services in excess of the expenditure minimum made in preparation for any undertaking under subsection (4) of this section and any arrangement or commitment made for financing such undertaking. Expenditures of preparation shall include expenditures for architectural designs, plans, working drawings, and specifications. The department may issue certificates of need permitting predevelopment expenditures, only, without authorizing any subsequent undertaking with respect to which such predevelopment expenditures are made; and

(h) Any increase in the number of dialysis stations in a kidney disease center.

(5) The department is authorized to charge fees for the review of certificate of need applications and requests for exemptions from certificate of need review. The fees shall be sufficient to cover the full cost of review and exemption, which may include the development of standards, criteria, and policies.

(6) No person may divide a project in order to avoid review requirements under any of the thresholds specified in this section."

Representatives Cody and Bailey spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

Representatives Clibborn and Bailey spoke in favor of passage of the bill.

Representative Schindler spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2851.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2851 and the bill passed the House by the following vote: Yeas - 93, Nays - 3, Absent - 0, Excused - 2.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 93.

Voting nay: Representatives Bush, Crouse and Schindler - 3.

Excused: Representatives Edwards and Mastin - 2.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2851, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2871, By Representatives Darneille, Campbell, Cody, Miloscia, Moeller, Wallace, Schual-Berke, Skinner, Murray, Upthegrove and Santos

Requiring measuring the performance of the HIV/AIDS service delivery system.

The bill was read the second time. There being no objection, Substitute House Bill No. 2871 was substituted for House Bill No. 2871 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2871 was read the second time.

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

Representatives Darneille and Bailey spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2871.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2871 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, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, 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 Edwards and Mastin - 2.

SUBSTITUTE HOUSE BILL NO. 2871, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2892, By Representatives Upthegrove, Schual-Berke, G. Simpson, Cairnes, Wallace, Veloria, Wood, Kenney, Morrell and Conway

Creating a center for advanced manufacturing.

The bill was read the second time. There being no objection, Substitute House Bill No. 2892 was substituted for House Bill No. 2892 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2892 was read the second time.

Representative Upthegrove moved the adoption of amendment (925):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. Although manufacturing has long been subject to the ups and downs of regular market cycles, the increasing pace of globalization and the ability of the world's new manufacturing floor to export deflation has caused United States manufacturers to lose all pricing power. Despite the development of good cost control practices such as lean manufacturing, domestic manufacturers cannot compete on price alone.

As our economy continues to evolve through changes to our existing manufacturing base, our manufacturers need assistance to continue to provide high quality products at a low cost. In order to make a radical change to an innovation focus, there must be a public and private partnership.

NEW SECTION. Sec. 2. A new section is added to chapter 43.31 RCW to read as follows:

(1) Provided the conditions in subsections (2) and (3) of this section are met, a center for advanced manufacturing may be created to provide the necessary resources for the state's manufacturing industry.

(2) A feasibility study and economic analysis for the creation of a center for advanced manufacturing must be conducted by a qualified organization chosen by the department of community, trade and economic development and should include, but is not limited to, a center for advanced manufacturing that offers:

(a) A research institution to transfer technology for commercial applications in small and mid-market manufacturers;

(b) A clearinghouse and national research library that locates best practices information, disseminates national research, and provides a publicly accessible research library; and

(c) On-going training, and curriculum and courses to develop a skilled work force, with a focus on quality efficiency practices.

(3) The feasibility study and economic analysis must be delivered to the appropriate committees of the legislature by December 31, 2005.

(4) For the purposes of this section, a qualified organization must be:

(a)(i) Designated as a nonprofit organization under section 501(c)(3) of the internal revenue code, or (ii) a partnership between a designated nonprofit organization under section 501(c)(3) of the internal revenue code and a government or quasi-government agency; and

(b) Focused on developing or supporting small, medium, and large manufacturing businesses;

(d) Able to demonstrate that it has the resources to complete the feasibility study and economic analysis in a timely manner and the state is not the sole source of funding for the feasability study and economic analysis; and

(e) Compliant with the standards developed by the department of community, trade and economic development and included in the application.

NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2004, in the omnibus appropriations act, this act is null and void."

Correct the title.

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

The amendment was adopted. The bill was ordered engrossed.

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

Representatives Upthegrove, Buck, Veloria, Anderson, Morris and Schual-Berke spoke in favor of passage of the bill.

Representatives DeBolt and Orcutt spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2892.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2892 and the bill passed the House by the following vote: Yeas - 63, Nays - 33, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Blake, Cairnes, Carrell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 63.

Voting nay: Representatives Ahern, Alexander, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Campbell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Kristiansen, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Schindler, Schoesler, Sehlin, Shabro and Sump - 33.

Excused: Representatives Edwards and Mastin - 2.

SUBSTITUTE HOUSE BILL NO. 2892, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3026, By Representatives O'Brien, Mielke, Darneille, Ahern, Pearson, Nixon and Linville

Revising provisions relating to correctional industries.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 3026 was substituted for House Bill No. 3026 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 3026 was read the second time.

Representative O'Brien moved the adoption of amendment (826):

On page 12, line 4, after "statement of the" strike "actual"

On page 12, line 5, after "the" strike "actual"

On page 12, line 6, after "businesses." strike "Actual business" and insert "Business"

On page 12, line 10, after "prison." strike "Actual business" and insert "Business"

Representatives O'Brien and Mielke spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative O'Brien moved the adoption of amendment (827):

On page 22, line 1, after "(4)" strike "Inmate employment in class I and class II correctional industries shall have a target expansion to be implemented according to the following schedule:" and insert "Within available resources, inmate employment in class I and class II correctional industries may have a target expansion according to the following guidance:"

Representatives O'Brien and spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

Representatives O'Brien and Mielke spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 3026.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 3026 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, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, 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 Edwards and Mastin - 2.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 3026, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3043, By Representatives Tom, Quall, Bailey, Lantz, McDermott, Anderson, Chase, Morrell and Kenney

Promoting physical fitness in middle school.

The bill was read the second time. There being no objection, Substitute House Bill No. 3043 was substituted for House Bill No. 3043 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3043 was read the second time.

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

Representatives Tom, Cody, Quall and Jarrett spoke in favor of passage of the bill.

Representatives Armstrong, Cairnes, Hinkle and Benson spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 3043.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 3043 and the bill passed the House by the following vote: Yeas - 66, Nays - 30, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Bailey, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Conway, Cooper, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Haigh, Hankins, Holmquist, Hudgins, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schual-Berke, Shabro, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 66.

Voting nay: Representatives Ahern, Armstrong, Benson, Blake, Boldt, Buck, Bush, Cairnes, Carrell, Condotta, Cox, Crouse, Ericksen, Grant, Hatfield, Hinkle, Hunt, Kristiansen, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Roach, Schindler, Schoesler, Sehlin and Sump - 30.

Excused: Representatives Edwards and Mastin - 2.

SUBSTITUTE HOUSE BILL NO. 3043, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3066, By Representatives Romero, Moeller, Clibborn, D. Simpson and Ormsby

Donating surplus construction property to nonprofit corporations.

The bill was read the second time. There being no objection, Substitute House Bill No. 3066 was substituted for House Bill No. 3066 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3066 was read the second time.

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

Representative Romero spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 3066.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 3066 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, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, 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 Edwards and Mastin - 2.

SUBSTITUTE HOUSE BILL NO. 3066, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3084, By Representatives Darneille, G. Simpson, Chase, Upthegrove, Ormsby, Romero, Morrell, Kenney and O'Brien

Helping families suffering financial hardship due to national guard activation.

The bill was read the second time. There being no objection, Substitute House Bill No. 3084 was substituted for House Bill No. 3084 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3084 was read the second time.

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

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

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 3084.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 3084 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, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, 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 Edwards and Mastin - 2.

SUBSTITUTE HOUSE BILL NO. 3084, having received the necessary constitutional majority, was declared passed.

The Speaker called upon Representative Lovick to preside.

SECOND READING SUSPENSION

HOUSE BILL NO. 2499, By Representatives Morris, McIntire, Nixon, Chase and Orcutt; by request of Department of Revenue and Department of General Administration

Exempting fuel cells from sales and use taxes.

The bill was read the second time.

There being no objection, the committee recommendation was adopted.

The bill was placed on final passage.

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2499.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2499 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, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, 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 Edwards and Mastin - 2.

HOUSE BILL NO. 2499, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2794, By Representatives Condotta and Wood

Allowing licensees to pay for liquor using debit and credit cards.

The bill was read the second time.

There being no objection, the committee recommendation was adopted.

The bill was placed on final passage.

Representatives Condotta and Wood spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2794.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2794 and the bill passed the House by the following vote: Yeas - 93, Nays - 3, Absent - 0, Excused - 2.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, 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, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 93.

Voting nay: Representatives Boldt, McDermott and Sommers - 3.

Excused: Representatives Edwards and Mastin - 2.

HOUSE BILL NO. 2794, having received the necessary constitutional majority, was declared passed.

SECOND READING

HOUSE BILL NO. 3101, By Representatives Darneille, G. Simpson, Campbell, Romero, Upthegrove, Ormsby, Morrell, Kenney and O'Brien

Restricting the sale, foreclosure, or seizure of property belonging to a service member on deployment.

The bill was read the second time. There being no objection, Substitute House Bill No. 3101 was substituted for House Bill No. 3101 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3101 was read the second time.

Representative Darneille moved the adoption of amendment (877):

On page 1, after line 16, insert:

"Sec. 2. RCW 84.56.020 and 1996 c 153 s 1 are each amended to read as follows:

(1) The county treasurer shall be the receiver and collector of all taxes extended upon the tax rolls of the county, whether levied for state, county, school, bridge, road, municipal or other purposes, and also of all fines, forfeitures or penalties received by any person or officer for the use of his or her county. All taxes upon real and personal property made payable by the provisions of this title shall be due and payable to the treasurer on or before the thirtieth day of April and, except as provided in this section, shall be delinquent after that date.

(2) Each tax statement shall include a notice that checks for payment of taxes may be made payable to "Treasurer of . . . . . . County" or other appropriate office, but tax statements shall not include any suggestion that checks may be made payable to the name of the individual holding the office of treasurer nor any other individual.

(3) When the total amount of tax or special assessments on personal property or on any lot, block or tract of real property payable by one person is fifty dollars or more, and if one-half of such tax be paid on or before the thirtieth day of April, the remainder of such tax shall be due and payable on or before the thirty-first day of October following and shall be delinquent after that date.

(4) When the total amount of tax or special assessments on any lot, block or tract of real property or on any mobile home payable by one person is fifty dollars or more, and if one-half of such tax be paid after the thirtieth day of April but before the thirty-first day of October, together with the applicable interest and penalty on the full amount of tax payable for that year, the remainder of such tax shall be due and payable on or before the thirty-first day of October following and shall be delinquent after that date.

(5) Delinquent taxes under this section are subject to interest at the rate of twelve percent per annum computed on a monthly basis on the full year amount of tax unpaid from the date of delinquency until paid. Interest shall be calculated at the rate in effect at the time of payment of the tax, regardless of when the taxes were first delinquent. In addition, delinquent taxes under this section are subject to penalties as follows:

(a) A penalty of three percent of the full year amount of tax unpaid shall be assessed on the tax delinquent on June 1st of the year in which the tax is due.

(b) An additional penalty of eight percent shall be assessed on the amount of tax delinquent on December 1st of the year in which the tax is due.

(6) Subsection (5) of this section notwithstanding, no interest or penalties may be assessed for the period April 30, ((1996)) 2003, through ((December 31, 1996)) April 30, 2005, on delinquent taxes imposed ((in 1995)) for collection in ((1996)) 2003 or 2004 which are imposed on the personal residences owned by military personnel who participated in the situation known as "((Joint Endeavor)) Operation Enduring Freedom."

(7) For purposes of this chapter, "interest" means both interest and penalties.

(8) All collections of interest on delinquent taxes shall be credited to the county current expense fund; but the cost of foreclosure and sale of real property, and the fees and costs of distraint and sale of personal property, for delinquent taxes, shall, when collected, be credited to the operation and maintenance fund of the county treasurer prosecuting the foreclosure or distraint or sale; and shall be used by the county treasurer as a revolving fund to defray the cost of further foreclosure, distraint and sale for delinquent taxes without regard to budget limitations."

Correct the title.

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

The amendment was adopted. The bill was ordered engrossed.

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

Representative Darneille spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 3101.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 3101 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, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, 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 Edwards and Mastin - 2.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 3101, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3112, By Representatives Cooper and D. Simpson

Concerning marine fuel facilities.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 3112 was substituted for House Bill No. 3112 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 3112 was read the second time.

With the consent of the House, amendment (933) was withdrawn.

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

Representatives Cooper and Woods 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. 3112.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 3112 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, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, 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 Edwards and Mastin - 2.

SECOND SUBSTITUTE HOUSE BILL NO. 3112, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3183, By Representatives Conway, Delvin, G. Simpson, Cooper, Roach, Campbell and Morrell

Negotiating state patrol officer wages and wage-related matters.

The bill was read the second time.

Representative Conway moved the adoption of amendment (926):

On page 2, after line 20, insert the following:

"Sec. 2. RCW 41.56.475 and 1999 c 217 s 4 are each amended to read as follows:

In addition to the classes of employees listed in RCW 41.56.030(7), the provisions of RCW 41.56.430 through 41.56.452 and 41.56.470, 41.56.480, and 41.56.490 also apply to Washington state patrol officers appointed under RCW 43.43.020 as provided in this section, subject to the following:

(1) The mediator or arbitration panel may consider only matters that are subject to bargaining under RCW 41.56.473.

(2) The decision of an arbitration panel is not binding on the legislature and, if the legislature does not approve the funds necessary to implement provisions pertaining to wages and wage-related matters of an arbitrated collective bargaining agreement, is not binding on the state or the Washington state patrol.

(((2))) (3) In making its determination, the arbitration panel shall be mindful of the legislative purpose enumerated in RCW 41.56.430 and, as additional standards or guidelines to aid it in reaching a decision, shall take into consideration the following factors:

(a) The constitutional and statutory authority of the employer;

(b) Stipulations of the parties;

(c) Comparison of the hours and conditions of employment of personnel involved in the proceedings with the hours and conditions of employment of like personnel of like employers of similar size on the west coast of the United States;

(d) Changes in any of the foregoing circumstances during the pendency of the proceedings; and

(e) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of matters that are subject to bargaining under RCW 41.56.473."

Renumber the sections consecutively and correct any internal references accordingly. Correct the title.

Representatives Conway and McMorris spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

Representatives Conway and McMorris spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 3183.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 3183 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, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, 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 Edwards and Mastin - 2.

ENGROSSED HOUSE BILL NO. 3183, having received the necessary constitutional majority, was declared passed.

HOUSE CONCURRENT RESOLUTION NO. 4416, By Representatives Kenney, Cox and Morrell; by request of Higher Education Coordinating Board

Commending the higher education coordinating board for its work in preparing the 2004 Interim Strategic Master Plan for Higher Education.

The concurrent resolution was read the second time. There being no objection, Substitute House Concurrent Resolution No. 4416 was substituted for House Concurrent Resolution No. 4416 and the substitute concurrent resolution was placed on the second reading calendar.

SUBSTITUTE HOUSE CONCURRENT RESOLUTION NO. 4416 was read the second time.

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

Representatives Kenney and Cox spoke in favor of adoption of the concurrent resolution.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final adoption of Substitute House Concurrent Resolution No. 4416.

SUBSTITUTE HOUSE CONCURRENT RESOLUTION NO. 4416 was adopted.

HOUSE BILL NO. 1982, By Representatives Kenney, Ahern, Lovick, O'Brien, Mielke, Pearson and Miloscia

Revising standards for disclosure of information concerning sex offenders and kidnapping offenders.

The bill was read the second time. There being no objection, Substitute House Bill No. 1982 was substituted for House Bill No. 1982 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1982 was read the second time.

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

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1982.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1982 and the bill passed the House by the following vote: Yeas - 91, Nays - 5, Absent - 0, Excused - 2.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Condotta, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunter, Jarrett, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, McMorris, Mielke, Miloscia, Moeller, Morrell, Morris, 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, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 91.

Voting nay: Representatives Cody, Darneille, Hunt, Kagi and Sommers - 5.

Excused: Representatives Edwards and Mastin - 2.

SUBSTITUTE HOUSE BILL NO. 1982, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2322, By Representatives McDonald, Delvin, Kristiansen, Pearson, Lovick and Shabro

Requiring prehire screening for law enforcement applicants.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 2322 was substituted for House Bill No. 2322 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2322 was read the second time.

Representative McDonald moved the adoption of amendment (913):

On page 3, line 5, after "a" strike "full-time or part-time" and insert "fully"

On page 3, line 6, after "or a" strike "reserve officer that has had a break of more than twenty-four consecutive months in the officer's service as a full-time law enforcement officer" and insert "fully commissioned reserve officer"

On page 3, line 13, after "each" strike "applicant" and insert "peace officer or reserve officer"

On page 3, line 17, after "officer" insert "or reserve officer"

On page 3, line 31, after "chapter" strike "; and (c) shall successfully pass a psychological examination and a polygraph or similar test as administered by a county, city, or state law enforcement agency if the officer is an applicant that has been offered a conditional offer of employment as a full-time or part-time commissioned peace officer or a reserve officer that has had a break of more than twenty-four consecutive months in the officer's service as a full-time law enforcement officer" and insert ". As a condition of continuing employment for any applicant that has been offered a conditional offer of employment as a fully commissioned peace officer or a reserve officer after the effective date of this act, including any person whose certification has lapsed as a result of a break of more than twenty-four consecutive months in the officer's service as a fully commissioned peace officer or reserve officer, he or she shall successfully pass a psychological examination and a polygraph or similar test as administered by the county, city, or state law enforcement agency"

On page 3, line 30, after "chapter;" strike "((and))" and insert "and"

On page 5, line 19, after "(2)" strike "The" and insert "After the effective date of this act, the"

On page 5, line 20, after "has" strike "been offered a conditional offer of employment as a full-time or part-time commissioned peace officer or a reserve officer that has had a break of more than twenty-four consecutive months in the officer's service as a full-time law enforcement officer, if" and insert "lost his or her certification as result of a break in service of more than twenty-four consecutive months if"

On page 5, line 24, after "examination" strike "," and insert "and"

On page 5, line 25, after "procedure," strike "or both,"

On page 5, line 29, after "as a" insert "fully commissioned"

On page 5, line 30, after "officer" insert "or a reserve officer"

On page 5, line 34, after "(2)" strike "obtaining a certificate of basic law enforcement training or a certificate of basic law enforcement training equivalency" and insert "meeting the requirements of RCW 43.101.200"

Representatives McDonald and O'Brien spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

Representatives McDonald, O'Brien and Darneille spoke in favor of passage of the bill.

MOTION

On motion of Representative Clements, Representative McMorris was excused.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 2322.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2322 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2322, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2577, By Representatives Linville, Carrell, Kirby, Newhouse, Lovick, Campbell, McMahan, Moeller and Flannigan

Providing for committees of members.

The bill was read the second time.

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

Representative Linville spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2577.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2577 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

HOUSE BILL NO. 2577, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2578, By Representatives O'Brien, Delvin, Pettigrew, Benson, Kessler, Haigh, Boldt, Clibborn and Pearson

Adding situations in which a crime victim is vulnerable or incapable of resistance due to the lack of a fixed residence to the list of illustrative aggravating circumstances for which an exceptional sentence may be imposed.

The bill was read the second time.

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

Representatives O'Brien, Darneille, Chopp, Talcott and Kessler spoke in favor of passage of the bill.

Representatives Mielke, McMahan, Bush and Ahern spoke against the passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2578.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2578 and the bill passed the House by the following vote: Yeas - 70, Nays - 25, Absent - 0, Excused - 3.

Voting yea: Representatives Bailey, Benson, Blake, Boldt, Buck, Campbell, Chase, Clements, Clibborn, Cody, Conway, Cooper, Cox, Darneille, Delvin, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 70.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bush, Cairnes, Carrell, Chandler, Condotta, Crouse, DeBolt, Ericksen, Hinkle, Holmquist, Kristiansen, McMahan, Mielke, Newhouse, Nixon, Orcutt, Roach, Rodne, Schindler, Shabro and Sump - 25.

Excused: Representatives Edwards, Mastin and McMorris - 3.

HOUSE BILL NO. 2578, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2707, By Representatives Kenney, Priest, Sommers, Jarrett, McCoy, Chase and Hudgins

Reaffirming the mission of the higher education branch campuses.

The bill was read the second time. There being no objection, Substitute House Bill No. 2707 was substituted for House Bill No. 2707 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2707 was read the second time.

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

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2707.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2707 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

SUBSTITUTE HOUSE BILL NO. 2707, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2933, By Representatives Conway, Cody, Benson, Ormsby, O'Brien, Sullivan, Wood and Morrell

Clarifying collective bargaining processes for individual providers.

The bill was read the second time. There being no objection, Substitute House Bill No. 2933 was substituted for House Bill No. 2933 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2933 was read the second time.

Representative Conway moved the adoption of amendment (932):

On page 1, beginning on line 6, strike all of section 1 and insert the following:

"Sec. 2. RCW 74.39A.270 and 2002 c 3 s 6 are each amended to read as follows:

(1) Solely for the purposes of collective bargaining and as expressly limited under subsections (2) and (3) of this section, the authority is the public employer, as defined in chapter 41.56 RCW, of individual providers, who, solely for the purposes of collective bargaining, are public employees, as defined in chapter 41.56 RCW, of the authority. To accommodate the role of the state as payor for the community-based services provided under this chapter and to ensure the coordination necessary to implement RCW 74.39A.300(1) and (2), bargaining under this section shall be conducted by the governor's designee appointed under chapter 41.80 RCW. The governor's designee shall consult with the authority before any agreement is reached under this section.

(2) Chapter 41.56 RCW governs the ((employment)) collective bargaining relationship between the authority and individual providers, except as otherwise expressly provided in chapter 3, Laws of 2002 and except as follows:

(a) The only unit appropriate for the purpose of collective bargaining under RCW 41.56.060 is a statewide unit of all individual providers;

(b) The showing of interest required to request an election under RCW 41.56.060 is ten percent of the unit, and any intervener seeking to appear on the ballot must make the same showing of interest;

(c) The mediation and interest arbitration provisions of RCW 41.56.430 through 41.56.470 and 41.56.480 apply, except that:

(i) Negotiations shall be commenced by May 1 of any year prior to the year in which an existing collective bargaining agreement expires;

(ii) With respect to factors to be taken into consideration by an interest arbitration panel, the panel shall consider the financial ability of the state to pay for the compensation and fringe benefit provisions of a collective bargaining agreement; and

(iii) The decision of the arbitration panel is not binding on the legislature and, if the legislature does not approve the request for funds necessary to implement the compensation and fringe benefit provisions of the arbitrated collective bargaining agreement, is not binding on the authority or the state;

(d) Individual providers do not have the right to strike; and

(e) Individual providers who are related to, or family members of, consumers or prospective consumers are not, for that reason, exempt from chapter 3, Laws of 2002 or chapter 41.56 RCW.

(3) Individual providers who are public employees ((of the authority)) solely for the purposes of collective bargaining under subsection (1) of this section are not, for that reason, employees of the state, its political subdivisions, or an area agency on aging for any purpose. Chapter 41.56 RCW applies only to the governance of the collective bargaining relationship between the authority and individual providers as provided in subsections (1) and (2) of this section.

(4) Consumers and prospective consumers retain the right to select, hire, supervise the work of, and terminate any individual provider providing services to them. Consumers may elect to receive long-term in-home care services from individual providers who are not referred to them by the authority.

(5) In implementing and administering chapter 3, Laws of 2002, neither the authority nor any of its contractors may reduce or increase the hours of service for any consumer below or above the amount determined to be necessary under any assessment prepared by the department or an area agency on aging.

(6) Except as expressly limited in this section and RCW 74.39A.300, the wages, hours, and working conditions of individual providers are determined solely through collective bargaining as provided in this section. No agency or department of the state, other than the authority, may establish policies or rules governing the wages or hours of individual providers. However, to recognize the obligation of the department to comply with Title XIX of the federal social security act and with the terms and conditions of any community-based waiver granted by the federal department of health and human services, including those related to client safety and quality of care, and to ensure federal financial participation in the provision of these services, the department retains authority to:

(a) Establish a plan of care for each consumer and to determine the hours of care that each consumer is eligible to receive;

(b) Terminate its contracts with individual providers who are not adequately meeting the needs of a particular consumer; and

(7)(a) The authority, the area agencies on aging, or their contractors under chapter 3, Laws of 2002 may not be held vicariously liable for the action or inaction of any individual provider or prospective individual provider, whether or not that individual provider or prospective individual provider was included on the authority's referral registry or referred to a consumer or prospective consumer.

(b) The members of the board are immune from any liability resulting from implementation of chapter 3, Laws of 2002.

(((7))) (8) Nothing in this section affects the state's responsibility with respect to ((the state payroll system or)) unemployment insurance for individual providers. However, individual providers are not to be considered, as a result of the state assuming this responsibility, employees of the state."

Representatives Conway and Sehlin spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

Representatives Conway and Sehlin spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2933.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2933 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2933, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2797, By Representatives Morrell, Cody, Linville, G. Simpson, Edwards, Kenney and Ormsby; by request of Insurance Commissioner

Increasing access to health insurance options for certain persons eligible for the Federal Health Coverage Tax Credit under the Trade Act of 2002 (P.L. 107-210).

The bill was read the second time. There being no objection, Substitute House Bill No. 2797 was substituted for House Bill No. 2797 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2797 was read the second time.

Representative Bailey moved the adoption of amendment (904):

On page 6, after line 18, insert the following:

"(3) To end the participation of health coverage tax credit eligible enrollees in the basic health plan if the federal government reduces or terminates premium payments on their behalf through the United States internal revenue service."

Renumber the remaining subsections accordingly.

Representatives Bailey and Cody spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

Representatives Morrell and Bailey spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2797.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2797 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2797, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2817, By Representatives Hatfield and Newhouse

Regulating insurance investments in limited liability companies formed to develop real property.

The bill was read the second time.

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

Representatives Hatfield and Newhouse spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2817.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2817 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

HOUSE BILL NO. 2817, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2841, By Representatives Blake, Hatfield, Schindler and Romero

Providing for flood control zone district administration.

The bill was read the second time.

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

Representatives Blake and Schindler spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 2841.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2841 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

HOUSE BILL NO. 2841, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3001, By Representatives Pettigrew, Boldt, Flannigan, Bailey, Kagi, Clibborn, Shabro, McDermott, Dickerson, Miloscia, Darneille, Roach, O'Brien, Morrell, Santos, Linville, Lantz, Wood and Chase

Authorizing kinship caregivers to consent to medical care.

The bill was read the second time. There being no objection, Substitute House Bill No. 3001 was substituted for House Bill No. 3001 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3001 was read the second time.

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

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 3001.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 3001 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

SUBSTITUTE HOUSE BILL NO. 3001, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3172, By Representatives Dunshee, Sommers and Sehlin

Providing for payment agreements.

The bill was read the second time.

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

Representatives Dunshee and Alexander spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 3172.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 3172 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

HOUSE BILL NO. 3172, having received the necessary constitutional majority, was declared passed.

SECOND READING SUSPENSION

HOUSE BILL NO. 2849, By Representatives Kagi, Cody, Campbell, Bush and Schual-Berke; by request of Department of Health

Eliminating credentialing barriers for sex offender treatment providers.

The bill was read the second time.

There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 2849 was read the second time.

The bill was placed on final passage.

Representatives Kagi and Ahern spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2849.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2849 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

SUBSTITUTE HOUSE BILL NO. 2849, having received the necessary constitutional majority, was declared passed.

SECOND READING

HOUSE BILL NO. 2650, By Representatives Linville, Flannigan, Cooper, Priest, Quall, Jarrett, Kessler, Tom, Rockefeller, Dunshee, Grant, Romero, Moeller, McDermott, O'Brien, Chase, Upthegrove, Hunt, G. Simpson, Kenney, Wallace, Wood and Kagi

Recognizing important bird areas.

The bill was read the second time. There being no objection, Substitute House Bill No. 2650 was substituted for House Bill No. 2650 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2650 was read the second time.

With the consent of the House, amendments (907), (904), (921), (924), (840), and (923) were withdrawn.

Representative Rockefeller moved the adoption of amendment (960):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. Washington has a rich variety of birds, wildlife and fish that its citizens and visitors enjoy. With over three hundred sixty-five bird species, Washington can use this natural asset to attract nature tourists and sportsmen from all over the country and the world. According to a United States fish and wildlife service report, thirty-six percent of Washington's residents currently participate in bird watching, and the watchable wildlife industry brings nearly one billion dollars per year into the state's economy. The economic benefits delivered to rural economies in Washington by those choosing to recreate by hunting waterfowl or upland game birds is equally as impressive.

The legislature has long recognized the important role of waterfowl and upland game bird hunting and other sporting pursuits in both the state's economy and the quality of life for Washington residents. Additionally, the 2003 legislature recognized the economic value of promoting watchable wildlife and nature tourism when it required the departments of fish and wildlife and community, trade, and economic development to host a watchable wildlife and nature tourism conference and write a statewide strategic plan. The 2002 legislature recognized the value of identifying and conserving our state's biodiversity for future generations when it created the biodiversity task force and required a plan be developed to recommend ways to conserve biodiversity. Furthermore, over the past fifteen years, the legislature has recognized the important contributions volunteers and nonprofit organizations have made in restoring and monitoring salmon and wildlife habitat. Therefore, it is the goal of the legislature to promote: Partnerships with volunteers; rural economic development; nature tourism; and conservation of biodiversity by encouraging partnerships between state government agencies, volunteers, and nonprofit organizations to designate and conserve natural assets that attract nature tourists and bird watchers to Washington's rural areas.

To accomplish this goal, the legislature recognizes the scientific work by volunteer organizations to use internationally recognized scientific criteria and protocols to identify, conserve, and monitor areas of the state that are important for migrating and resident birds. Scientists, ornithologists, and qualified volunteers have identified important bird areas. Wildlife conservation organizations and their volunteers are working to develop mutually agreed-upon bird conservation plans and monitoring plans in cooperation with public land managers and private landowners. Volunteers and scientists in more than one hundred countries around the world have already completed identification of fourteen thousand two hundred sixty sites that qualify as important bird areas.

Qualified volunteers and scientists have already successfully used the international criteria to identify fifty-three sites important for birds in Washington. Following the final round of site selection, volunteer organizations plan to work with landowners, businesses, and local and state governments to develop plans to maintain or enhance sites that will then become destinations for nature tourists to promote rural economic development. Therefore, it is the intent of the legislature to have Washington participate in the recognition portion of the important bird area program by directing the natural heritage program at the department of natural resources to officially recognize important bird areas.

NEW SECTION. Sec. 2. A new section is added to chapter 79.70 RCW to read as follows:

(1) The program may use information collected by a qualifying nonprofit organization to recognize important bird areas. The program should, to the greatest extent possible, coordinate with and use internationally agreed-upon, scientific criteria and protocols developed by a qualifying nonprofit organization to officially recognize these sites throughout Washington. Prior to using information collected by a qualifying nonprofit organization, the program must verify that the information was collected by individuals trained in scientific data collection, wildlife biology, or ornithology.

(2) When the program recognizes an important bird area, that information will be included in the program's data bank. An important bird area shall not be designated as a natural area or a natural area preserve unless that area satisfies the substantive and procedural requirements for becoming a natural area or natural area preserve under this chapter.

(3) The qualifying nonprofit organization that collected the information used to recognize important bird areas should be available to work with interested landowners, businesses, and state and local governments to identify ways to maintain or enhance the important bird areas.

(4) The recognition of private property as an important bird area under this chapter, or the inclusion of private property in the program's data bank, does not confer nor imply any rights of access or trespass onto the important bird area without full knowledge and consent of the owner pursuant to any state statutory and common laws dealing with trespass and access to private property.

(5) Recognition of an important bird area does not require nor preclude critical area designation under chapter 36.70A RCW.

NEW SECTION. Sec. 3. A new section is added to chapter 79.70 RCW to read as follows:

Prior to recognizing an important bird area under this chapter, the department must:

(1) Publish notice of the proposed important bird area in the Washington state register;

(2) Publish notice of the proposed important bird area in a newspaper of general circulation in the county where the proposed important bird area is located; and

(3) Conduct at least one public hearing in the county where the proposed important bird area is located.

Sec. 4. RCW 79.70.020 and 2003 c 334 s 548 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of natural resources.

(2) "Natural areas" and "natural area preserves" include such public or private areas of land or water which have retained their natural character, although not necessarily completely natural and undisturbed, or which are important in preserving rare or vanishing flora, fauna, geological, natural historical or similar features of scientific or educational value and which are acquired or voluntarily registered or dedicated by the owner under this chapter.

(3) "Public lands" and "state lands" have the meaning set out in RCW 79.02.010.

(4) "Council" means the natural heritage advisory council as established in RCW 79.70.070.

(5) "Commissioner" means the commissioner of public lands.

(6) "Important bird area" means those areas jointly identified by the natural heritage program and a qualifying nonprofit organization using internationally recognized scientific criteria. These areas have been found to be necessary to conserve populations of wild waterfowl, upland game birds, songbirds and other birds native to and migrating through Washington, and contain the habitats that birds are dependent upon for breeding, migration, shelter, and sustenance.

(7) "Instrument of dedication" means any written document intended to convey an interest in real property pursuant to chapter 64.04 RCW.

(((7))) (8) "Natural heritage resources" means the plant community types, aquatic types, unique geologic types, and special plant and animal species and their critical habitat as defined in the natural heritage plan established under RCW 79.70.030.

(((8))) (9) "Plan" means the natural heritage plan as established under RCW 79.70.030.

(((9))) (10) "Program" means the natural heritage program as established under RCW 79.70.030.

(((10))) (11) "Qualifying nonprofit organization" means a national nonprofit organization, or a branch of a national nonprofit organization, that conserves and restores natural ecosystems, focusing on birds, other wildlife, and their habitat.

(12) "Register" means the Washington register of natural area preserves as established under RCW 79.70.030."

Representatives Rockefeller and Sump spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

Representatives Rockefeller, Sump and Linville spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2650.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2650 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2650, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2704, By Representatives Talcott, Haigh, Tom, Kenney, Anderson, Nixon, Carrell, Boldt, Kirby, Benson, Hunter, Jarrett, Priest, Skinner, Upthegrove, Shabro, Miloscia, Quall, Buck, Ruderman, Moeller, Rockefeller and Kagi

Providing standards for alternative learning experience programs.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 2704 was substituted for House Bill No. 2704 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2704 was read the second time.

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

Representatives Talcott and Hunter 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. 2704.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2704 and the bill passed the House by the following vote: Yeas - 90, Nays - 5, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Rockefeller, Rodne, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, D. Simpson, G. Simpson, Skinner, Sommers, Sullivan, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 90.

Voting nay: Representatives Bush, Cox, Roach, Shabro and Sump - 5.

Excused: Representatives Edwards, Mastin and McMorris - 3.

SECOND SUBSTITUTE HOUSE BILL NO. 2704, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote NAY on SECOND SUBSTITUTE HOUSE BILL NO. 2704.

RICHARD DEBOLT, 20^th District

HOUSE BILL NO. 2920, By Representatives Pearson, Sump, Mielke, Boldt, Hinkle, Condotta and Buck

Allowing the creation of special economic fishery advisory committees.

The bill was read the second time. There being no objection, Substitute House Bill No. 2920 was substituted for House Bill No. 2920 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2920 was read the second time.

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

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

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2920.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2920 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

SUBSTITUTE HOUSE BILL NO. 2920, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3081, By Representative Rockefeller

Revising provisions relating to medical and dental care and testing for children in the care of the department of social and health services.

The bill was read the second time. There being no objection, Substitute House Bill No. 3081 was substituted for House Bill No. 3081 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3081 was read the second time.

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

Representatives Rockefeller and Boldt spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 3081.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 3081 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

SUBSTITUTE HOUSE BILL NO. 3081, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3083, By Representatives Kagi, Boldt, Dickerson, Orcutt, Pettigrew and Darneille

Providing immunity for any person who cooperates with an investigation of child abuse or neglect.

The bill was read the second time. There being no objection, Substitute House Bill No. 3083 was substituted for House Bill No. 3083 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3083 was read the second time.

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

Representatives Kagi and Carrell spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute House Bill No. 3083.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 3083 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

SUBSTITUTE HOUSE BILL NO. 3083, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3116, By Representatives Murray, Cairnes, Sehlin, Sommers, McIntire, Lovick, Hatfield, Kenney, Morrell and Santos

Modifying tax exemptions for blood banks, bone or tissue banks, and comprehensive cancer centers.

The bill was read the second time. There being no objection, Substitute House Bill No. 3116 was substituted for House Bill No. 3116 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3116 was read the second time.

Representative McIntire moved the adoption of amendment (920):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature provided tax relief to blood, bone, and tissue banks in chapter 9, Laws of 1995 2nd sp. sess. The legislature finds that the availability of this tax relief for bone and tissue banks has been called into doubt as a result of litigation. The legislature intends to confirm its intent that bone and tissue banks are entitled to the tax relief provided by chapter 9, Laws of 1995 2nd sp. sess. Therefore, this act applies retroactively.

Sec. 2. RCW 82.04.324 and 1995 2nd sp.s. c 9 s 3 are each amended to read as follows:

(1) ((As used in this section:

(a) "Blood" includes human whole blood, plasma, blood derivatives, and related products.

(b) "Bone" includes human bone, bone marrow, and related products.

(d) "Blood, bone, or tissue bank" means an organization exempt from federal income tax under section 501(c)(3) of the federal internal revenue code, organized solely for the purpose of performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.

(e) "Medical supplies" means any item of tangible personal property, including any repair and replacement parts for such tangible personal property, used by a blood, tissue, or bone bank for the purpose of performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue. The term includes tangible personal property used to:

(i) Provide preparatory treatment of blood, bone, or tissue;

(ii) Control, guide, measure, tune, verify, align, regulate, test, or physically support blood, bone, or tissue; and

(iii) Protect the health and safety of employees or others present during research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.

(f) "Chemical" means any catalyst, solvent, water, acid, oil, or other additive that physically or chemically interacts with blood, bone, or tissue.

(g) "Materials" means any item of tangible personal property, including, but not limited to, bags, packs, collecting sets, filtering materials, testing reagents, antisera, and refrigerants used or consumed in performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.

(h) "Research" means basic and applied research that has as its objective the design, development, refinement, testing, marketing, or commercialization of a product, service, or process.

(2))) This chapter does not apply to amounts received by a qualifying blood((, bone, or)) bank, a qualifying tissue ((banks)) bank, or a qualifying blood and tissue bank to the extent the amounts are exempt from federal income tax.

(2) For the purposes of this section:

(a) "Qualifying blood bank" means a blood bank that qualifies as an exempt organization under 26 U.S.C. 501(c)(3) as existing on the effective date of this section, is registered pursuant to 21 C.F.R., part 607 as existing on the effective date of this section, and whose primary business purpose is the collection, preparation, and processing of blood. "Qualifying blood bank" does not include a comprehensive cancer center that is recognized as such by the national cancer institute.

(b) "Qualifying tissue bank" means a tissue bank that qualifies as an exempt organization under 26 U.S.C. 501(c)(3) as existing on the effective date of this section, is registered pursuant to 21 C.F.R., part 1271 as existing on the effective date of this section, and whose primary business purpose is the recovery, processing, storage, labeling, packaging, or distribution of human eye tissue. "Qualifying tissue bank" does not include a comprehensive cancer center that is recognized as such by the national cancer institute.

(c) "Qualifying blood and tissue bank" is a bank that qualifies as an exempt organization under 26 U.S.C. 501(c)(3) as existing on the effective date of this section, is registered pursuant to 21 C.F.R., part 607 and part 1271 as existing on the effective date of this section, and whose primary business purpose is the collection, preparation, and processing of blood, and the recovery, processing, storage, labeling, packaging, or distribution of human bone tissue, ligament tissue and similar musculoskeletal tissues, skin tissue, and heart valve tissue. "Qualifying blood and tissue bank" does not include a comprehensive cancer center that is recognized as such by the national cancer institute.

Sec. 3. RCW 82.08.02805 and 1995 2nd sp.s. c 9 s 4 are each amended to read as follows:

(1) The tax levied by RCW 82.08.020 does not apply to the sale of medical supplies, chemicals, or materials to a qualifying blood((, bone, or)) bank, a qualifying tissue bank, or a qualifying blood and tissue bank. ((The definitions in RCW 82.04.324 apply to this section.)) The exemption in this section does not apply to the sale of construction materials, office equipment, building equipment, administrative supplies, or vehicles.

(2) For the purposes of this section, the following definitions apply:

(a) "Medical supplies" means any item of tangible personal property, including any repair and replacement parts for such tangible personal property, used by a qualifying blood bank, a qualifying tissue bank, or a qualifying blood and tissue bank for the purpose of performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue. The term includes tangible personal property used to:

(i) Provide preparatory treatment of blood, bone, or tissue;

(ii) Control, guide, measure, tune, verify, align, regulate, test, or physically support blood, bone, or tissue; and

(iii) Protect the health and safety of employees or others present during research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.

(b) "Chemical" means any catalyst, solvent, water, acid, oil, or other additive that physically or chemically interacts with blood, bone, or tissue.

(c) "Materials" means any item of tangible personal property, including, but not limited to, bags, packs, collecting sets, filtering materials, testing reagents, antisera, and refrigerants used or consumed in performing research on, procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.

(d) "Research" means basic and applied research that has as its objective the design, development, refinement, testing, marketing, or commercialization of a product, service, or process.

(e) The definitions in RCW 82.04.324 apply to this section.

Sec. 4. RCW 82.12.02747 and 1995 2nd sp.s. c 9 s 5 are each amended to read as follows:

(1) The provisions of this chapter do not apply in respect to the use of medical supplies, chemicals, or materials by a qualifying blood((, bone, or)) bank, a qualifying tissue bank, or a qualifying blood and tissue bank. ((The definitions in RCW 82.04.324 apply to this section.)) The exemption in this section does not apply to the use of construction materials, office equipment, building equipment, administrative supplies, or vehicles.

(2) The definitions in RCW 82.04.324 and 82.08.02805 apply to this section.

Sec. 5. RCW 84.36.035 and 1995 2nd sp.s. c 9 s 1 are each amended to read as follows:

(1) The following property shall be exempt from taxation:

All property, whether real or personal, belonging to or leased by any nonprofit corporation or association and used exclusively in the business of a qualifying blood((, bone, or)) bank, a qualifying tissue bank ((as defined in RCW 82.04.324)), or a qualifying blood and tissue bank, or in the administration of ((such business)) these businesses. If the real or personal property is leased, the benefit of the exemption shall inure to the nonprofit corporation or association.

(2) The definitions in RCW 82.04.324 apply to this section.

NEW SECTION. Sec. 6. This act applies retroactively to July 1, 1995."

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

The amendment was adopted. The bill was ordered engrossed.

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

Representative McIntire spoke in favor of passage of the bill.

The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 3116.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 3116 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Blake, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Eickmeyer, Ericksen, Flannigan, Fromhold, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, McMahan, Mielke, Miloscia, Moeller, Morrell, Morris, 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 - 95.

Excused: Representatives Edwards, Mastin and McMorris - 3.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 3116, 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 10:00 a.m., February 16, 2004, the 36th Day of the Regular Session.

FRANK CHOPP, Speaker RICHARD NAFZIGER, Chief Clerk