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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

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FORTY FIFTH DAY

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House Chamber, Olympia, Wednesday, February 25, 2004

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

             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Mallory King and Jessica Engholm. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Father Iman Mohammad Joban, Al-Nour Mosque and Islamic Center of Olympia.

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

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

REPORTS OF STANDING COMMITTEES

February 24, 2004

HB 2459           Prime Sponsor, Representative Sommers: Making a supplemental operating appropriations. Reported by Committee on Appropriations

Majority Recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by: Representatives Sommers, Chair; Fromhold, Vice Chair; Cody; Conway; Dunshee; Grant; Hunter; Kagi; Kenney; Kessler; Linville; McIntire; Miloscia; Ruderman and Schual-Berke.

Minority Recommendation: Do not pass. Signed by: Representatives Sehlin, Ranking Minority Member; Pearson, Asst Ranking Minority Member; Alexander; Anderson; Boldt; Buck; Chandler; Clements; Cox; McDonald; Sump and Talcott.

February 24, 2004

SSB 6109          Prime Sponsor, Senate Committee On Agriculture: Establishing a system of animal identification. Reported by Committee on Agriculture & Natural Resources

MAJORITY recommendation: Do pass as amended:

              Strike everything after the enacting clause and insert the following:

              "NEW SECTION. Sec. 1. A new section is added to chapter 16.57 RCW to read as follows:

              (1) The director may adopt rules:

              (a) To support the agriculture industry in meeting federal requirements for the country-of-origin labeling of meat; and

              (b) To implement federal requirements for animal identification needed to trace the source of livestock for disease control and response purposes.

              (2) The director may cooperate with and enter into agreements with other states and agencies of federal government to carry out such a system and to promote consistency of regulation.

              (3) In exercising the authorities granted by this section, the director must consult the livestock identification advisory board created under RCW 16.57.015."

Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Schoesler, Ranking Minority Member; Holmquist, Assistant Ranking Minority Member; Chandler; Eickmeyer; Grant; Hunt; Kristiansen; McDermott; Orcutt; Quall and Sump.

             Passed to Committee on Rules for second reading.

February 24, 2004

ESB 6126         Prime Sponsor, Senator Swecker: Promoting Washington-grown apples. Reported by Committee on Agriculture & Natural Resources

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

Passed to Committee on Rules for second reading.

February 23, 2004

ESB 6180         Prime Sponsor, Senator Franklin: Prohibiting the use of genetic information in employment decisions. Reported by Committee on Commerce & Labor

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

Passed to Committee on Rules for second reading.

February 23, 2004

SB 6480            Prime Sponsor, Senator Hewitt: Increasing the number of days certain fairs can use the special occasion liquor license. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass as amended.

              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 66.24.010 and 2002 c 119 s 3 are each amended to read as follows:

              (1) Every license shall be issued in the name of the applicant, and the holder thereof shall not allow any other person to use the license.

              (2) For the purpose of considering any application for a license, the board may cause an inspection of the premises to be made, and may inquire into all matters in connection with the construction and operation of the premises. For the purpose of reviewing any application for a license and for considering the denial, suspension or revocation of any license, the liquor control board may consider any prior criminal conduct of the applicant including a criminal history record information check. The board may submit the criminal history record information check to the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior arrests and convictions of the individual or individuals who filled out the forms. The board shall require fingerprinting of any applicant whose criminal history record information check is submitted to the federal bureau of investigation. The provisions of RCW 9.95.240 and of chapter 9.96A RCW shall not apply to such cases. The board may, in its discretion, grant or refuse the license applied for. Authority to approve an uncontested or unopposed license may be granted by the board to any staff member the board designates in writing. Conditions for granting such authority shall be adopted by rule. No retail license of any kind may be issued to:

              (a) A person who has not resided in the state for at least one month prior to making application, except in cases of licenses issued to dining places on railroads, boats, or aircraft;

              (b) A copartnership, unless all of the members thereof are qualified to obtain a license, as provided in this section;

              (c) A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee;

              (d) A corporation or a limited liability company, unless it was created under the laws of the state of Washington or holds a certificate of authority to transact business in the state of Washington.

              (3)(a) The board may, in its discretion, subject to the provisions of RCW 66.08.150, suspend or cancel any license; and all rights of the licensee to keep or sell liquor thereunder shall be suspended or terminated, as the case may be.

              (b) The board shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the board's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

              (c) The board may request the appointment of administrative law judges under chapter 34.12 RCW who shall have power to administer oaths, issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and testimony, examine witnesses, and to receive testimony in any inquiry, investigation, hearing, or proceeding in any part of the state, under such rules and regulations as the board may adopt.

              (d) Witnesses shall be allowed fees and mileage each way to and from any such inquiry, investigation, hearing, or proceeding at the rate authorized by RCW 34.05.446, as now or hereafter amended. Fees need not be paid in advance of appearance of witnesses to testify or to produce books, records, or other legal evidence.

              (e) In case of disobedience of any person to comply with the order of the board or a subpoena issued by the board, or any of its members, or administrative law judges, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, the judge of the superior court of the county in which the person resides, on application of any member of the board or administrative law judge, shall compel obedience by contempt proceedings, as in the case of disobedience of the requirements of a subpoena issued from said court or a refusal to testify therein.

              (4) Upon receipt of notice of the suspension or cancellation of a license, the licensee shall forthwith deliver up the license to the board. Where the license has been suspended only, the board shall return the license to the licensee at the expiration or termination of the period of suspension. The board shall notify all vendors in the city or place where the licensee has its premises of the suspension or cancellation of the license; and no employee may allow or cause any liquor to be delivered to or for any person at the premises of that licensee.

              (5)(a) At the time of the original issuance of a spirits, beer, and wine restaurant license, the board shall prorate the license fee charged to the new licensee according to the number of calendar quarters, or portion thereof, remaining until the first renewal of that license is required.

              (b) Unless sooner canceled, every license issued by the board shall expire at midnight of the thirtieth day of June of the fiscal year for which it was issued. However, if the board deems it feasible and desirable to do so, it may establish, by rule pursuant to chapter 34.05 RCW, a system for staggering the annual renewal dates for any and all licenses authorized by this chapter. If such a system of staggered annual renewal dates is established by the board, the license fees provided by this chapter shall be appropriately prorated during the first year that the system is in effect.

              (6) Every license issued under this section shall be subject to all conditions and restrictions imposed by this title or by the regulations in force from time to time. All conditions and restrictions imposed by the board in the issuance of an individual license shall be listed on the face of the individual license along with the trade name, address, and expiration date.

              (7) Every licensee shall post and keep posted its license, or licenses, in a conspicuous place on the premises.

              (8)(a) Unless (b) of this subsection applies, before the board ((shall)) issues a license to an applicant it shall give notice of such application to the chief executive officer of the incorporated city or town, if the application ((be)) is for a license within an incorporated city or town, or to the county legislative authority, if the application ((be)) is for a license outside the boundaries of incorporated cities or towns((; and such)).

              (b) If the application for a special occasion license is for an event held during a county, district, or area fair as defined by RCW 15.76.120, and the county, district, or area fair is located on property owned by the county but located within an incorporated city or town, the county legislative authority shall be the entity notified by the board under (a) of this subsection. The board shall send a duplicate notice to the incorporated city or town within which the fair is located.

              (c) The incorporated city or town((,)) through the official or employee selected by it, or the county legislative authority or the official or employee selected by it, shall have the right to file with the board within twenty days after date of transmittal of such notice, written objections against the applicant or against the premises for which the license is asked((, and)).

              (d) The written objections shall include ((with such objections)) a statement of all facts upon which such objections are based, and in case written objections are filed, may request and the liquor control board may in its discretion hold a formal hearing subject to the applicable provisions of Title 34 RCW.

              (e) Upon the granting of a license under this title the board shall send a duplicate of the license or written notification to the chief executive officer of the incorporated city or town in which the license is granted, or to the county legislative authority if the license is granted outside the boundaries of incorporated cities or towns. When the license is for a special occasion license for an event held during a county, district, or area fair as defined by RCW 15.76.120, and the county, district, or area fair is located on county-owned property but located within an incorporated city or town, the duplicate shall be sent to both the incorporated city or town and the county legislative authority.

              (9) Before the board issues any license to any applicant, it shall give (a) due consideration to the location of the business to be conducted under such license with respect to the proximity of churches, schools, and public institutions and (b) written notice by certified mail of the application to churches, schools, and public institutions within five hundred feet of the premises to be licensed. The board shall issue no beer retailer license for either on-premises or off-premises consumption or wine retailer license for either on-premises or off-premises consumption or spirits, beer, and wine restaurant license covering any premises not now licensed, if such premises are within five hundred feet of the premises of any tax-supported public elementary or secondary school measured along the most direct route over or across established public walks, streets, or other public passageway from the outer property line of the school grounds to the nearest public entrance of the premises proposed for license, and if, after receipt by the school or public institution of the notice as provided in this subsection, the board receives written notice, within twenty days after posting such notice, from an official representative or representatives of the school within five hundred feet of said proposed licensed premises, indicating to the board that there is an objection to the issuance of such license because of proximity to a school. For the purpose of this section, church shall mean a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. No liquor license may be issued or reissued by the board to any motor sports facility or licensee operating within the motor sports facility unless the motor sports facility enforces a program reasonably calculated to prevent alcohol or alcoholic beverages not purchased within the facility from entering the facility and such program is approved by local law enforcement agencies. It is the intent under this subsection that a retail license shall not be issued by the board where doing so would, in the judgment of the board, adversely affect a private school meeting the requirements for private schools under Title 28A RCW, which school is within five hundred feet of the proposed licensee. The board shall fully consider and give substantial weight to objections filed by private schools. If a license is issued despite the proximity of a private school, the board shall state in a letter addressed to the private school the board's reasons for issuing the license.

              (10) The restrictions set forth in subsection (9) of this section shall not prohibit the board from authorizing the assumption of existing licenses now located within the restricted area by other persons or licenses or relocations of existing licensed premises within the restricted area. In no case may the licensed premises be moved closer to a church or school than it was before the assumption or relocation.

              (11) Nothing in this section prohibits the board, in its discretion, from issuing a temporary retail or distributor license to an applicant assuming an existing retail or distributor license to continue the operation of the retail or distributor premises during the period the application for the license is pending and when the following conditions exist:

              (a) The licensed premises has been operated under a retail or distributor license within ninety days of the date of filing the application for a temporary license;

              (b) The retail or distributor license for the premises has been surrendered pursuant to issuance of a temporary operating license;

              (c) The applicant for the temporary license has filed with the board an application to assume the retail or distributor license at such premises to himself or herself; and

              (d) The application for a temporary license is accompanied by a temporary license fee established by the board by rule.

              A temporary license issued by the board under this section shall be for a period not to exceed sixty days. A temporary license may be extended at the discretion of the board for an additional sixty-day period upon payment of an additional fee and upon compliance with all conditions required in this section.

              Refusal by the board to issue or extend a temporary license shall not entitle the applicant to request a hearing. A temporary license may be canceled or suspended summarily at any time if the board determines that good cause for cancellation or suspension exists. RCW 66.08.130 and chapter 34.05 RCW shall apply to temporary licenses.

              Application for a temporary license shall be on such form as the board shall prescribe. If an application for a temporary license is withdrawn before issuance or is refused by the board, the fee which accompanied such application shall be refunded in full.

              Sec. 2. RCW 66.24.380 and 1997 c 321 s 24 are each amended to read as follows:

              There shall be a retailer's license to be designated as a special occasion license to be issued to a not-for-profit society or organization to sell spirits, beer, and wine by the individual serving for on-premises consumption at a specified event, such as at picnics or other special occasions, at a specified date and place; fee sixty dollars per day.

              (1) The not-for-profit society or organization is limited to sales of no more than twelve calendar days per year. For the purposes of this subsection, special occasion licensees that are "agricultural area fairs" or "agricultural county, district, and area fairs," as defined by RCW 15.76.120, that receive a special occasion license may, once per calendar year, count as one event fairs that last multiple days, so long as alcohol sales are at set dates, times, and locations, and the board receives prior notification of the dates, times, and locations. The special occasion license applicant will pay the sixty dollars per day for this event.

              (2) The licensee may sell beer and/or wine in original, unopened containers for off-premises consumption if permission is obtained from the board prior to the event.

              (3) Sale, service, and consumption of spirits, beer, and wine is to be confined to specified premises or designated areas only.

              (4) Spirituous liquor sold under this special occasion license must be purchased at a state liquor store or agency without discount at retail prices, including all taxes.

              (5) Any violation of this section is a class 1 civil infraction having a maximum penalty of two hundred fifty dollars as provided for in chapter 7.80 RCW."

              Correct the title.

Signed by Representatives Conway, Chairman; Wood, Vice Chairman; McMorris, Ranking Minority Member; Condotta, Assistant Ranking Minority Member; Crouse; Holmquist; Kenney and McCoy.

             Passed to Committee on Rules for second reading.

February 24, 2004

SB 6502            Prime Sponsor, Senator Deccio: Developing a schedule of fees for performing independent reviews of health care disputes. Reported by Committee on Health Care

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chairman; Morrell, Vice Chairman; Bailey, Ranking Minority Member; Benson; Clibborn; Darneille; Rodne and Schual-Berke.

Passed to Committee on Rules for second reading.

February 23, 2004

SSB 6584          Prime Sponsor, Senate Committee On Commerce & Trade: Modifying liquor licensing provisions. Reported by Committee on Commerce & Labor

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

Passed to Committee on Rules for second reading.

February 23, 2004

SB 6586            Prime Sponsor, Senator Honeyford: Concerning electrical work on boilers. Reported by Committee on Commerce & Labor

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

Passed to Committee on Rules for second reading.

February 23, 2004

SSB 6649          Prime Sponsor, Senate Committee On Financial Services, Insurance & Housing: Retaining fees for mobile/manufactured homes and factory built housing and commercial structures. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass as amended.

              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 43.22.434 and 2003 c 67 s 1 are each amended to read as follows:

              (1) The director or the director's authorized representative may conduct such inspections, investigations, and audits as may be necessary to adopt or enforce manufactured and mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, park trailer, factory built housing, and factory built commercial structure rules adopted under the authority of this chapter or to carry out the director's duties under this chapter.

              (2) For purposes of enforcement of this chapter, persons duly designated by the director upon presenting appropriate credentials to the owner, operator, or agent in charge may:

              (a) At reasonable times and without advance notice enter any factory, warehouse, or establishment in which manufactured and mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, park trailers, factory built housing, and factory built commercial structures are manufactured, stored, or held for sale;

              (b) At reasonable times, within reasonable limits, and in a reasonable manner inspect any factory, warehouse, or establishment as required to comply with the standards adopted by the secretary of housing and urban development under the national manufactured home construction and safety standards act of 1974. Each inspection shall be commenced and completed with reasonable promptness; and

              (c) As requested by an owner of a conversion vending unit or medical unit, inspect an alteration.

              (3) For purposes of determining compliance with this chapter's permitting requirements for alterations of mobile and manufactured homes, the department may audit the records of a contractor as defined in chapter 18.27 RCW or RCW 18.106.020(1) or an electrical contractor as defined in RCW 19.28.006 when the department has reason to believe that a violation of the permitting requirements has occurred. The department shall adopt rules implementing the auditing procedures. Information obtained from a contractor through an audit authorized by this subsection is confidential and not open to public inspection under chapter 42.17 RCW.

              (4)(a) The department shall set a schedule of fees by rule which will cover the costs incurred by the department in the administration of RCW 43.22.335 through 43.22.490. The department may waive mobile/manufactured home alteration permit fees for indigent permit applicants.

              (b)(i) Until April 1, ((2004)) 2009, subject to (a) of this subsection, ((and for the purposes of implementing the pilot project approved by the mobile/manufactured home alteration task force,)) the department may adopt by rule a temporary statewide fee schedule that decreases fees for mobile/manufactured home alteration permits and increases fees for factory-built housing and commercial structures plan review and inspection services. ((Under the temporary fee schedule, the department may waive mobile/manufactured home alteration permit fees for indigent permit applicants. The department may increase fees for factory-built housing and commercial structures plan review and inspection services in excess of the fiscal growth factor under chapter 43.135 RCW, if the increases are necessary to fund the cost of administering RCW 43.22.335 through 43.22.490. In no instance shall any fee that applies to the factory-built housing and commercial plan review and inspection services be increased in excess of forty percent.))

              (ii) Effective April 1, ((2004)) 2009, the department must adopt a new fee schedule that is the same as the fee schedule that was in effect immediately prior to the temporary fee schedule authorized in (b)(i) of this subsection. However, the new fee schedule must be adjusted by the fiscal growth factors not applied during the period that the temporary fee schedule was in effect.

              NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect March 31, 2004."

              Correct the title.

Signed by Representatives Conway, Chairman; Wood, Vice Chairman; McMorris, Ranking Minority Member; Condotta, Assistant Ranking Minority Member; Crouse; Holmquist; Kenney and McCoy.

             Passed to Committee on Rules for second reading.

February 23, 2004

ESB 6737         Prime Sponsor, Senator Hewitt: Changing provisions relating to distribution of liquor. Reported by Committee on Commerce & Labor

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

Passed to Committee on Rules for second reading.

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

             The Speaker assumed the chair.

MESSAGE FROM THE SENATE

February 25, 2004

Mr. Speaker:

             The Senate has passed SENATE CONCURRENT RESOLUTION NO. 8419, and the same is herewith transmitted.

Milt H. Doumit, Secretary

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

INTRODUCTION & FIRST READING

SCR 8419         by Senators Franklin, Deccio, Thibaudeau, Keiser, T. Sheldon, McAuliffe and Kohl-Welles

             Creating a joint select committee on health disparities.

             Referred to Committee on Health Care.

             There being no objection, the bill listed on the day's introduction sheet under the fourth 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. 2459, By Representatives Sommers, Fromhold and Sehlin; by request of Governor Locke

Making supplemental operating appropriations.

             The bill was read the second time. There being no objection, Substitute House Bill No. 2459 was substituted for House Bill No. 2459 and the substitute bill was placed on the second reading calendar.

             SUBSTITUTE HOUSE BILL NO. 2459 was read the second time.

MOTIONS

             On motion of Representative Santos, Representative Edwards was excused. On motion of Representative Clements, Representative Ericksen was excused.

             With the consent of the House, amendments (1058), (1046), (1055), (1054) and (1056) were withdrawn.

             Representative Conway moved the adoption of amendment (1059):

              On page 28, after line 6, insert the following:

              "(9) By December 1, 2004, the office of financial management shall report to the house of representatives committees on commerce and labor, state government, and trade and economic development and the senate committees on commerce and trade, economic development, government operations and elections, or their successor committees, on its review of the following:

              (a) Personal services and purchased services contracts, and any subcontracts awarded under such contracts, performed at locations outside the United States;

              (b) The applicability of international trade agreements to state procurement policies; the compliance of signatories to such agreements with international and state child labor, environmental protection, human rights, and labor standards; and the effects of such agreements on domestic preferences adopted by signatories to such agreements;

              (c) The economic benefit of awarding personal services and purchased services contracts to Washington companies. The economic benefit shall be measured as follows:

              (i) The number of total employment positions;

              (ii) Full-time, part-time, and temporary employment positions as a percent of total employment;

              (iii) The number of employment positions according to the following wage bands: Less than thirty thousand dollars; thirty thousand dollars or greater, but less than sixty thousand dollars; and sixty thousand dollars or greater. A wage band containing fewer than three individuals may be combined with another wage band; and

              (iv) The number of employment positions that have employer-provided medical, dental, and retirement benefits, by each of the wage bands;

              (d) The cost to the state of retraining workers who are separated from employment because their positions were outsourced to locations outside the United States, and issues relative to their eligibility for training benefits under RCW 50.22.150;

              (e) The extent to which state contracts performed at locations outside the U.S. involve solicitation or disclosure of personal information; and

              (f) The relationship between state labor market conditions, including unemployment rate, and outsourcing decisions."

             Representatives Conway, Romero and Veloria spoke in favor of the adoption of the amendment.

             Representatives Benson and Anderson spoke against the adoption of the amendment.

             The amendment was adopted.

             Representative Cairnes moved the adoption of amendment (1047):

              On page 53, line 31, increase the general fund–state appropriation for fiscal year 2005 by $47,000.

              On page 53, line 33, increase the general fund–-federal appropriation by $44,000.

              Correct the total.

              On page 56, line 29, strike "$780,000" and insert "$827,000"

              On page 56, line 30, strike "$1,092,000" and insert "$1,136,000"

              On page 56, line 33, strike "$14.83" and insert "$14.93"

              On page 58, line 24, increase the general fund–-state appropriation for fiscal year 2005 by $296,000.

              On page 58, line 26, increase the general fund–-federal appropriation by $294,000.

              Correct the total.

              On page 62, line 10, strike "$4,837,000" and insert "$5,133,000"

              On page 62, line 11, strike "$6,898,000" and insert "$7,192,000"

              On page 62, line 14, strike "$14.83" and insert "$14.93"

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

             Representative Ruderman spoke against the adoption of the amendment.

             An electronic roll call vote was demanded and the demand was sustained.

             The Speaker stated the question before the House to be adoption of amendment (1047) to Substitute House Bill No. 2459.

ROLL CALL

             The Clerk called the roll on the adoption of amendment (1047) to Substitute House Bill No. 2459, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 49, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Miloscia, Morrell, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 47.

             Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Moeller, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 49.

             Excused: Representatives Edwards and Ericksen - 2.

STATEMENT FOR THE JOURNAL

             I intended to vote YEA on amendment (1047) to SUBSTITUTE HOUSE BILL NO. 2459.

ERIC PETTIGREW, 37^rd District

             Representative McDermott moved the adoption of amendment (1049):

              On page 74, after line 32, insert the following:

              "(6) If, by June 1, 2004, the department has not completed the computer system updates required to implement RCW 41.56.113, the department is subject to penalties as described in this subsection. For each day after May 31, 2004, that the department fails to make the deductions required by RCW 41.56.113(2)(a) as per the agreement entered into by the department pursuant to RCW 41.56.113(3)(a), $2,500 of the general fund--state appropriation for fiscal year 2005 and $2,500 of the general fund--federal appropriation provided in this section shall lapse."

             Representatives McDermott and Benson spoke in favor of the adoption of the amendment.

             An electronic roll call vote was demanded and the demand was sustained.

             The Speaker stated the question before the House to be adoption of amendment (1049) to Substitute House Bill No. 2459.

ROLL CALL

             The Clerk called the roll on the adoption of amendment (1049) to Substitute House Bill No. 2459, and the amendment was adopted by the following vote: Yeas - 88, Nays - 8, 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, Grant, Haigh, Hankins, Hatfield, Hinkle, Holmquist, Hudgins, Hunt, Jarrett, Kagi, Kenney, Kessler, Kirby, Kristiansen, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McMahan, McMorris, Mielke, Miloscia, Morrell, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Rockefeller, Rodne, Romero, Santos, Schindler, Schoesler, Schual-Berke, Sehlin, Shabro, D. Simpson, G. Simpson, Skinner, Sullivan, Sump, Talcott, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 88.

             Voting nay: Representatives Flannigan, Fromhold, Hunter, McIntire, Moeller, Morris, Ruderman, and Sommers - 8.

             Excused: Representatives Edwards and Ericksen - 2.

             Representative Cody moved the adoption of amendment (1042):

              On page 75, line 15, increase the health services account--state appropriation by $150,000.

              On page 75, line 22, correct the total.

              On page 77, after line 37, insert the following:

              "(10) $150,000 of the health services account--state appropriation is provided for fiscal year 2005 solely to conduct a study and prepare recommendations to the legislature related to health care financing, cost containment and quality improvement in the state's health care system. The report and recommendations must be submitted to the governor and appropriate committees of the legislature by October 1, 2005.

              (a) The study shall be conducted jointly by the administrator, the department of health and the state board of health. An advisory committee shall be established that includes representatives of at least the following individuals or entities: Business; labor organizations; consumers, including people with disabilities; communities of color; health care providers and facilities; health insurance carriers; academic or health care research institutions; health care ethicists; the department of social and health services; and the department of labor and industries. The committee shall be actively consulted with in conducting the study and preparing recommendations.

              (b) The following issues shall be examined and addressed in the study and recommendations:

              (i) Assessing Washington state's health care needs and available resources. In assessing health care needs, improving health status and health outcomes for residents of Washington state should be the primary focus;

              (ii) The impacts of the employer-based health insurance system upon the availability and affordability of health insurance coverage in Washington state. The impacts to be considered include but are not limited to:

              (A) Trends in employer sponsored health insurance coverage among large and small employers, including an assessment of the impact of the failure of some large employers to provide health insurance coverage to their workers on the competitive environment between employers that do provide coverage and those that do not;

              (B) The appropriate role of medical assistance programs, the state childrens health insurance program and the basic health plan as a source of health care coverage for low wage workers whose employers do not offer health insurance coverage, and the fiscal impact of that coverage upon the state;

              (iii) Containing the cost of health care coverage;

              (iv) Improving the quality and effectiveness of the health care system through increased focus upon evidence-based medicine, proven preventive health services, management of chronic disease, implementation of proven patient safety strategies, and other appropriate mechanisms;

              (v) Decreasing health disparities between racial and ethnic groups;

              (vi) Increasing the transparency of health care costs and the relative efficiency with which care is delivered; and

              (vii) Consolidation of existing state programs to achieve efficiencies where possible.

              (c) To provide more information related to the role of state funded health insurance programs in covering low wage workers, the administrator, in consultation with the department of social and health services, shall provide a report to the legislature by February 1, 2005 on employers whose employees are receiving benefits through the basic health plan or medical assistance for themselves or their dependents. The report must include information on the size of the employers, the number of employees who are receiving benefits through the basic health plan or medical assistance; the number of enrollees who are spouses or dependents of their employees; whether the employers offer health benefits to their employees; and the cost to the state of providing basic health plan or medical assistance for their employees and enrolled dependents."

             Representatives Cody, Conway and G. Simpson spoke in favor of the adoption of the amendment.

             Representatives Bailey, DeBolt, Alexander, Carrell and Anderson spoke against the adoption of the amendment.

             An electronic roll call vote was demanded and the demand was sustained.

             The Speaker stated the question before the House to be adoption of amendment (1042) to Substitute House Bill No. 2459.

ROLL CALL

             The Clerk called the roll on the adoption of amendment (1042) to Substitute House Bill No. 2459, and the amendment was adopted by the following vote: Yeas - 51, Nays - 45, Absent - 0, Excused - 2.

             Voting yea: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, 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, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 51.

             Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 45.

             Excused: Representatives Edwards and Ericksen - 2.

             Representative Benson moved the adoption of amendment (1057):

              On page 83, line 10, after "residential" strike "," and insert "and"

              On page 83, line 10, after "services," strike "and midwives,"

             Representatives Benson and Ruderman spoke in favor of the adoption of the amendment.

             The amendment was adopted.

             Representative Buck moved the adoption of amendment (1045):

              On page 102, line 2, increase the special wildlife account--state appropriation by $100,000.

              On page 102, line 7, increase the special wildlife account--private/local appropriation by $100,000

              On page 102, line 18, correct the total.

              On page 191, after line 12, insert the following:

              "Wildlife Account: For transfer to the special wildlife account, $250,000 in fiscal year 2004

and $250,000 in fiscal year 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$500,000"

             Representatives Buck and Cooper spoke in favor of the adoption of the amendment.

             The amendment was adopted.

             Representative Upthegrove moved the adoption of amendment (1048):

              On page 116, line 20, after "instruction." insert "Within the amounts provided in this subsection, the superintendent shall recognize the extraordinary accomplishments of four students who have demonstrated a strong understanding of the civics essential learning requirements to receive the Daniel J. Evans civic education award. The students selected for the award must demonstrate understanding through completion of at least one of the classroom-based civics assessment models developed by the superintendent of public instruction, and through leadership in the civic life of their communities. The superintendent shall select two students from eastern Washington and two students from western Washington to receive the award, and shall notify the governor and legislature of the names of the recipients."

              On page 145, line 34, after "counseling." insert "$35,000 of the fiscal year 2005 appropriation in this subsection is provided solely for summer institutes training related to implementing the civics essential academic learning requirements and the classroom-based civics assessments developed by the superintendent of public instruction."

             Representatives Upthegrove and Talcott spoke in favor of the adoption of the amendment.

             The amendment was adopted.

             Representative Talcott moved the adoption of amendment (1051):

              On page 118, line 11, increase the general fund-state appropriation by $50,000.

              On page 118, line 15, correct the total.

              On page 122, after line 17, insert the following:

              "(xii) $50,000 of the general fund-state appropriation for fiscal year 2005 is provided solely for expanding the World War II oral history project to include the role of women during World War II. The project shall be conducted in accordance with RCW 28A.300.370."

              On page 180, line 24, reduce the general fund-state fiscal year 2005 appropriation to the education technology revolving account by $50,000.

              On page 180, line 26, correct the total.

              On page 191, line 6, decrease the transfer from the education technology revolving fund to the data processing revolving account by $50,000.

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

             The amendment was adopted.

             Representative Anderson moved the adoption of amendment (1053):

              On page 149, line 21, after "act" insert the following "subject to the following conditions and limitations: $850,000 of the amount retained at the state level shall be used to pay stipends to mentor teachers and expand enrollment opportunities through the alternative routes to certification program under Chapter RCW 28A.660 RCW"

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

             Representative Hunter spoke against the adoption of the amendment.

             An electronic roll call vote was demanded and the demand was sustained.

             The Speaker stated the question before the House to be adoption of amendment (1053) to Substitute House Bill No. 2459.

ROLL CALL

             The Clerk called the roll on the adoption of amendment (1053) to Substitute House Bill No. 2459, and the amendment was not adopted by the following vote: Yeas - 45, Nays - 51, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 45.

             Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, 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, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 51.

             Excused: Representatives Edwards and Ericksen - 2.

             Representative Clements moved the adoption of amendment (1060):

              On page 152, beginning on line 36, after "limitations:", strike all material through "lapse." on page 153, line 3, and insert the following:

              "(1) The appropriation provided in this section must be used by the superintendent of public instruction solely to implement Third Substitute House Bill No. 1796 (driver's education funding).

              (2) Each school district receiving funds in accordance with this section must offer to qualified low-income students the option of either enrolling in a school district-provided traffic safety education course at a reduced rate or receiving a scholarship of an equivalent amount to enroll in any drivers' school licensed under chapter 46.82 RCW, based on available funds received under this section.

              (3) If Third Substitute House Bill No. 1796 is not enacted by June 30, 2004, the amount in this section shall lapse."

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

             Representatives Schual-Berke and Murray spoke against the adoption of the amendment.

             The amendment was not adopted.

             Representative Priest moved the adoption of amendment (1044):

              On Page 172, after line 25, insert the following:

              "(5) The governor's office with assistance from the higher education coordinating board shall enter into negotiations with the governing boards of one state research university and one state regional university, and with the state board for community and technical colleges for one state community or technical college, to create a prototype of a performance contract with each institution.

              (a) The prototype performance contracts shall, at a minimum: (i) reflect statewide goals and priorities of the legislature; (ii) contain goals and commitments from both the institutions and the state; (iii) include quantifiable performance measures and benchmarks; (iv) and include any other information deemed pertinent by the governor and higher education institutions.

              (b) By January 15, 2005, the governor shall submit to the higher education and fiscal committees of the legislature the prototype performance contracts including any implementing legislation."

             Representatives Priest, Jarrett, Cox, Sump, Anderson, Mastin and DeBolt spoke in favor of the adoption of the amendment.

             Representatives Fromhold, McIntire, Sommers and Miloscia spoke against the adoption of the amendment.

             An electronic roll call vote was demanded and the demand was sustained.

             The Speaker stated the question before the House to be adoption of amendment (1044) to Substitute House Bill No. 2459.

ROLL CALL

             The Clerk called the roll on the adoption of amendment (1044) to Substitute House Bill No. 2459, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 49, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Hankins, Hinkle, Holmquist, Hunter, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Morrell, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 47.

             Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 49.

             Excused: Representatives Edwards and Ericksen - 2.

             Representative Sommers moved the adoption of amendment (1050):

              On page 186, after line 12, insert the following:

              "Sec. 717. 2003 1st sp.s. c 25 s 710 (uncodified) is amended to read as follows:

  FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--CONTRIBUTIONS TO RETIREMENT SYSTEMS. The appropriations in this section are subject to the following conditions and limitations: The appropriations for the law enforcement officers' and firefighters' retirement system shall be made on a monthly basis beginning July 1, 2003, consistent with chapter 41.45 RCW, and the appropriations for the judges and judicial retirement systems shall be made on a quarterly basis consistent with chapters 2.10 and 2.12 RCW.

              (1) There is appropriated for state contributions to the law enforcement officers' and fire fighters' retirement system:

General Fund--State Appropriation (FY 2004). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($21,256,000))

$20,256,000

General Fund--State Appropriation (FY 2005). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($20,914,000))

$21,414,000

              (2) There is appropriated for contributions to the judicial retirement system:

General Fund--State Appropriation (FY 2004). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,000,000

General Fund--State Appropriation (FY 2005). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,000,000

              (3) There is appropriated for contributions to the judges retirement system:

General Fund--State Appropriation (FY 2004). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$500,000

General Fund--State Appropriation (FY 2005). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$500,000

                            TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($55,170,000))

$54,670,000"