FIFTY NINTH LEGISLATURE - REGULAR SESSION

TWENTY SIXTH DAY

House Chamber, Olympia, Friday, February 4, 2005

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 Ali Hunt and Brittany Wells. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Pastor Dale Gore, Orting Community Baptist Church.

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

{{30737}} INTRODUCTION & FIRST READING

{{30769}}HB 1757 by Representatives Hunt, Cox, Haigh, Fromhold, DeBolt, Jarrett, Blake, Talcott, Quall, Anderson, Williams, Chase, Buri, Hankins, Hinkle and Kilmer

AN ACT Relating to emergency school repair; amending RCW 28A.515.320; adding a new section to chapter 28A.515 RCW; providing an effective date; and declaring an emergency.

Referred to Committee on Capital Budget.

{{30770}}HB 1758 by Representatives Kessler, Nixon, Haigh, Chandler, Clements, Schindler, Hunt, Hunter, Hinkle, Takko, B. Sullivan, Miloscia, Buck and Shabro; by request of Attorney General

AN ACT Relating to public disclosure; amending RCW 42.17.270, 42.17.250, and 42.17.340; reenacting and amending RCW 42.17.310 and 42.17.300; and adding a new section to chapter 42.17 RCW.

Referred to Committee on State Government Operations & Accountability.

{{30771}}HB 1759 by Representatives Appleton, Bailey, Tom, Chase, Takko, McCoy, Skinner, Sells, Darneille, Schual-Berke, Hasegawa, Green, O'Brien, Strow, Eickmeyer, Morris, Moeller, Linville, Cody, Rodne, Morrell, Hudgins, Quall, Williams, Dunn, Campbell and Santos

AN ACT Relating to designating the orca as the state marine mammal; adding a new section to chapter 1.20 RCW; and creating a new section.

Referred to Committee on State Government Operations & Accountability.

{{30772}}HB 1760 by Representatives Chase, Morris, Nixon, Upthegrove, Rodne, Springer, Moeller, P. Sullivan, Hudgins, B. Sullivan, Sells, Appleton, Flannigan, Green, Darneille, Blake, Hunt, McCoy, Kagi, Pettigrew, Simpson, Williams, Morrell, Eickmeyer, O'Brien, Linville, Walsh, Buri, Miloscia, Grant, Clibborn, Conway, Kenney, Dunshee, Ormsby, Haler, Campbell and Kilmer

AN ACT Relating to providing incentives to support the renewable energy industry in Washington state; adding new sections to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 84.36 RCW; adding a new section to chapter 82.32 RCW; creating a new section; providing an effective date; providing expiration dates; and declaring an emergency.

Referred to Committee on Technology, Energy & Communications.

{{30773}}HB 1761 by Representatives Chase, Morris, Nixon, Upthegrove, Tom, Springer, Moeller, P. Sullivan, Hudgins, B. Sullivan, Sells, Appleton, Darneille, Green, Flannigan, Blake, Hunt, McCoy, Kagi, Pettigrew, Simpson, Williams, Morrell, Eickmeyer, O'Brien, Linville, Clibborn, Conway, Dunshee, Walsh, Buri, Kenney, Miloscia, Grant, Ormsby, Campbell, Wood and Kilmer

AN ACT Relating to providing incentives to support renewable energy; adding new sections to chapter 82.16 RCW; creating a new section; providing an effective date; providing an expiration date; and declaring an emergency.

Referred to Committee on Technology, Energy & Communications.

{{30774}}HB 1762 by Representatives Schindler, Sump, B. Sullivan, Takko, DeBolt, Holmquist, Crouse, Dunn, Haler, Orcutt, Cox, Ahern, Kretz, McCune, Bailey, Curtis, Hinkle and Condotta

AN ACT Relating to the sharing of state sales and use tax revenue with local governments; adding a new section to chapter 82.32 RCW; creating a new section; and providing an effective date.

Referred to Committee on Appropriations.

{{30775}}HB 1763 by Representatives B. Sullivan, Cody, Walsh and Nixon

AN ACT Relating to anatomical gifts; and repealing RCW 68.50.560.

Referred to Committee on Health Care.

{{30776}}HB 1764 by Representatives Dunshee and Simpson

AN ACT Relating to teacher certification; amending RCW 28A.410.220; creating a new section; and providing an effective date.

Referred to Committee on Education.

{{30777}}HB 1765 by Representatives Chase, Newhouse, Eickmeyer, Buri, Appleton, B. Sullivan and Dunn

AN ACT Relating to auctioning vessels; and amending RCW 88.02.230.

Referred to Committee on Commerce & Labor.

{{30778}}HB 1766 by Representatives Darneille, Cox and Kirby

AN ACT Relating to school district bidding requirements; and amending RCW 28A.335.190 and 28A.525.020.

Referred to Committee on State Government Operations & Accountability.

{{30779}}HB 1767 by Representatives Darneille, Haler, McCoy, Kirby, Walsh, Clements, Grant, Conway and Flannigan

AN ACT Relating to maintenance and repair of minor league baseball facilities; amending RCW 67.70.240; adding a new section to chapter 67.70 RCW; adding a new section to chapter 82.14 RCW; adding a new section to chapter 35.21 RCW; and creating a new section.

Referred to Committee on Economic Development, Agriculture & Trade.

{{30780}}HB 1768 by Representatives Darneille, Kirby, McDonald, O'Brien, Conway, Miloscia, Moeller, Morrell and Chase

AN ACT Relating to the transfer of adult offenders through the interstate compact; and amending RCW 9.94A.74502.

Referred to Committee on Criminal Justice & Corrections.

{{30781}}HB 1769 by Representatives P. Sullivan, Simpson and Williams

AN ACT Relating to jury source lists in counties with more than one superior court facility; amending RCW 2.36.055; and creating a new section.

Referred to Committee on Judiciary.

{{30782}}HB 1770 by Representatives Hunter, Tom, Santos, Kessler, Jarrett, Haigh, Ericksen, Murray, Shabro, Quall, Anderson, Woods, Appleton, Upthegrove and Kenney

AN ACT Relating to establishing the office of citizen councilor; and adding new sections to chapter 43.09 RCW.

Referred to Committee on State Government Operations & Accountability.

{{30783}}HB 1771 by Representatives McDermott, Nixon, Tom, Santos, Simpson, Chase, Quall and Kenney

AN ACT Relating to school meal programs; amending RCW 28A.235.160; and amending 2004 c 54 s 1 (uncodified).

Referred to Committee on Education.

{{30784}}HB 1772 by Representative Anderson

AN ACT Relating to revising school funding by standardizing levy formulas and salary schedules; amending RCW 28A.400.205, 28A.500.020, 28A.500.020, 28A.500.030, 84.52.0531, 84.52.0531, and 67.70.240; adding new sections to chapter 28A.500 RCW; providing effective dates; providing an expiration date; and declaring an emergency.

Referred to Committee on Education.

{{30785}}HB 1773 by Representatives Morrell, Curtis, Appleton, Skinner, Simpson, Williams, Clements, Chase, Hankins, Green, Schual-Berke, Condotta and Santos

AN ACT Relating to the personal needs allowance for nursing facility residents; adding a new section to chapter 74.09 RCW; and creating a new section.

Referred to Committee on Health Care.

{{30786}}HB 1774 by Representatives Ahern, Hinkle, Sump, Holmquist, Miloscia, Schindler, Condotta, Ericksen, Kristiansen and Dunn

AN ACT Relating to prohibiting nonphysicians from performing abortions; amending RCW 9.02.110 and 9.02.170; creating a new section; and declaring an emergency.

Referred to Committee on Health Care.

{{30787}}HB 1775 by Representatives Holmquist, Hinkle, Dunn, Sump, Crouse, Curtis, Miloscia, Buri, Ahern, McDonald, Kretz, Schindler, Serben, Condotta, Ericksen, Kristiansen, Haler and Campbell

AN ACT Relating to prohibiting the cloning of human embryos; adding a new chapter to Title 70 RCW; prescribing penalties; and declaring an emergency.

Referred to Committee on Health Care.

{{30788}}HB 1776 by Representatives Dunn, Sump, Schindler, Crouse, Ahern, McCune, Holmquist, Hinkle, Condotta, Ericksen, Serben, Kristiansen and Campbell

AN ACT Relating to prohibiting public funding of abortion; adding a new section to chapter 9.02 RCW; and declaring an emergency.

Referred to Committee on Health Care.

{{30789}}HB 1777 by Representatives Schual-Berke, Cody, Darneille, Ormsby, Morrell, Green and Springer

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

Referred to Committee on Judiciary.

{{30790}}HB 1778 by Representatives Schual-Berke, Lovick, Santos, Green, Cody, Hasegawa, Hudgins, Morrell, Hunt, Appleton, Dickerson, Pettigrew, Darneille, Ormsby, Kenney and P. Sullivan

AN ACT Relating to monitoring and reporting on check cashers and sellers; amending RCW 31.45.060; and adding a new section to chapter 31.45 RCW.

Referred to Committee on Financial Institutions & Insurance.

{{30791}}HB 1779 by Representatives Schual-Berke, Roach and Morrell

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

Referred to Committee on Financial Institutions & Insurance.

{{30792}}HB 1780 by Representatives Schual-Berke, Morrell, Green and Wood

AN ACT Relating to legibility of prescriptions; reenacting and amending RCW 69.41.010; and creating a new section.

Referred to Committee on Health Care.

{{30793}}HB 1781 by Representatives Schual-Berke, Morrell and Green

AN ACT Relating to alternative disciplinary process for physicians and physician assistants; amending RCW 18.130.090; adding new sections to chapter 18.130 RCW; creating new sections; and providing an effective date.

Referred to Committee on Health Care.

{{30794}}HB 1782 by Representatives Schual-Berke, Green, Morrell and Springer

AN ACT Relating to the qualifications of coordinated quality improvement programs; and amending RCW 43.70.510.

Referred to Committee on Health Care.

{{30795}}HB 1783 by Representatives Schual-Berke, Green, Morrell, Wood and Springer

AN ACT Relating to the use of arbitration in resolving medical staff disputes regarding membership and privileges; adding a new section to chapter 70.41 RCW; adding a new section to chapter 71.12 RCW; and creating a new section.

Referred to Committee on Judiciary.

{{30796}}HB 1784 by Representatives O'Brien, Pearson, Strow, Ahern and Dunn

AN ACT Relating to the privacy of personal information of criminal justice officials; amending RCW 4.24.680 and 4.24.700; creating a new section; and prescribing penalties.

Referred to Committee on Judiciary.

{{30797}}HB 1785 by Representatives P. Sullivan, Hunter, Schindler, Linville, Ahern, Kessler, Rodne, Miloscia, Wood, Simpson, Serben, Orcutt, Santos, Grant, McCune, Conway and Kilmer

AN ACT Relating to the taxation of delivery charges for direct mail; amending RCW 82.08.010; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; and declaring an emergency.

Referred to Committee on Finance.

{{30798}}HB 1786 by Representatives Appleton, DeBolt, Morrell, Green, Roach, Moeller, Williams and Strow

AN ACT Relating to payment of providers for medically needy consumers; and adding a new section to chapter 74.39A RCW.

Referred to Committee on Appropriations.

{{30799}}HB 1787 by Representatives Green, DeBolt, Morrell, Roach, Appleton, Strow, Moeller, Curtis, Williams, Hudgins, Hinkle, Simpson, Ormsby and Santos

AN ACT Relating to a vendor rate study of home care agencies; and creating a new section.

Referred to Committee on Appropriations.

{{30800}}HJM 4012 by Representatives Morrell, Buri, Blake, Newhouse, Campbell, Hinkle, Dunshee, Clements, Lovick, Linville, Cox, Hudgins, Grant, Woods, McCoy, Sells, Simpson, Ormsby, Haler, Kretz, Hankins, Skinner and Quall

Petitioning the United States Department of Agriculture to delay plans to reopen the border to Canadian cattle and beef products.

Referred to Committee on Economic Development, Agriculture & Trade.

{{30738}} There being no objection, the bills and memorial listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.

{{30739}} REPORTS OF STANDING COMMITTEES

{{30740}} February 1, 2005

HB 1054 Prime Sponsor, Representative Lantz: Enacting the revised Uniform Arbitration Act. Reported by Committee on Judiciary

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Lantz, Chairman; Flannigan, Vice Chairman; Priest, Ranking Minority Member; Campbell; Kirby; Serben; Springer; Williams and Wood.

Passed to Committee on Rules for second reading.

February 2, 2005

HB 1086 Prime Sponsor, Representative Linville: Regulating commercial feed. Reported by Committee on Economic Development, Agriculture & Trade

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Kristiansen, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Blake; Buri; Chase; Clibborn; Condotta; Dunn; Grant; Haler; Holmquist; Kenney; Kilmer; Kretz; McCoy; Morrell; Newhouse; Quall; Strow; P. Sullivan and Wallace.

Passed to Committee on Rules for second reading.

February 2, 2005

HB 1091 Prime Sponsor, Representative Linville: Providing additional funding for the community economic revitalization board's programs. Reported by Committee on Economic Development, Agriculture & Trade

Referred to Committee on Appropriations.

February 2, 2005

HB 1092 Prime Sponsor, Representative Grant: Modifying rural Washington loan fund provisions. Reported by Committee on Economic Development, Agriculture & Trade

Passed to Committee on Rules for second reading.

February 2, 2005

HB 1130 Prime Sponsor, Representative Nixon: Eliminating drop-in inspections of campaign accounts. Reported by Committee on State Government Operations & Accountability

MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Green, Vice Chairman; Nixon, Ranking Minority Member; Clements, Assistant Ranking Minority Member; Hunt; Miloscia; Schindler and Sump.

Passed to Committee on Rules for second reading.

February 2, 2005

HB 1131 Prime Sponsor, Representative Nixon: Regulating mail to constituents. Reported by Committee on State Government Operations & Accountability

Passed to Committee on Rules for second reading.

February 2, 2005

HB 1152 Prime Sponsor, Representative Kagi: Creating a Washington early learning council. Reported by Committee on Children & Family Services

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Kagi, Chairman; Roberts, Vice Chairman; Hinkle, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Darneille; Dickerson; Dunn; Haler and Pettigrew.

Referred to Committee on Appropriations.

February 2, 2005

HB 1261 Prime Sponsor, Representative Morrell: Making the joint committee on veterans' and military affairs permanent. Reported by Committee on State Government Operations & Accountability

Passed to Committee on Rules for second reading.

February 2, 2005

HB 1276 Prime Sponsor, Representative Grant: Requiring the governor's signature on significant legislative rules. Reported by Committee on State Government Operations & Accountability

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Haigh, Chairman; Green, Vice Chairman; Hunt; McDermott and Miloscia.

MINORITY recommendation: Do not pass. Signed by Representatives Nixon, Ranking Minority Member; Clements, Assistant Ranking Minority Member; Schindler and Sump.

February 2, 2005

HB 1307 Prime Sponsor, Representative Haigh: Defining veteran for certain purposes. Reported by Committee on State Government Operations & Accountability

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 except for HOUSE BILL NO. 1276, which was placed on the second reading calendar.

{{30751}} SECOND READING SUSPENSION

{{30765}} There being no objection, HOUSE BILL NO. 1055 was referred to the Rules Committee.

HOUSE BILL NO. 1024, By Representatives Kirby and Campbell; by request of Board For Judicial Administration

Changing requirements for issuing salary warrants for judges.

The bill was read the second time.

There being no objection, the committee recommendation was adopted.

{{30753}} The bill was placed on final passage.

Representatives Kirby and Priest spoke in favor of passage of the bill.

{{30768}} MOTION

On motion of Representative Santos, Representatives Haigh and McDermott were excused.

{{30752}} The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of House Bill No. 1024.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1024 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haler, Hankins, Hasegawa, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Williams, Wood, Woods and Mr. Speaker - 96.

Excused: Representatives Haigh and McDermott - 2.

HOUSE BILL NO. 1024, having received the necessary constitutional majority, was declared passed.

{{30754}} HOUSE BILL NO. 1125, By Representatives Serben, Lantz, Priest, Shabro and Ahern

Managing trusts and estates.

The bill was read the second time.

There being no objection, the committee recommendation was adopted.

{{30755}} The bill was placed on final passage.

Representatives Serben and Lantz 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. 1125.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1125 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Excused: Representatives Haigh and McDermott - 2.

HOUSE BILL NO. 1125, having received the necessary constitutional majority, was declared passed.

{{30766}} POINT OF PERSONAL PRIVILEGE

Representative Ericksen congratulated Representative Serben on the passage of his first bill through the House, and asked the Chamber to acknowledge his accomplishment.

{{30756}} HOUSE BILL NO. 1139, By Representative Upthegrove

Preventing conflicts of interest for attorneys serving as pro tempore judges, commissioners, and guardians ad litem.

The bill was read the second time.

There being no objection, the committee recommendation was adopted.

{{30757}} The bill was placed on final passage.

Representatives Upthegrove and Priest 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. 1139.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1139 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Excused: Representatives Haigh and McDermott - 2.

HOUSE BILL NO. 1139, having received the necessary constitutional majority, was declared passed.

{{30758}} HOUSE BILL NO. 1183, By Representatives Williams and Serben; by request of Supreme Court

Renaming the commission on supreme court reports.

The bill was read the second time.

There being no objection, the committee recommendation was adopted.

{{30759}} The bill was placed on final passage.

Representatives Williams and Priest 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. 1183.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1183 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Excused: Representatives Haigh and McDermott - 2.

HOUSE BILL NO. 1183, having received the necessary constitutional majority, was declared passed.

{{30767}} POINT OF PERSONAL PRIVILEGE

Representative Hunt congratulated Representative Williams on the passage of his first bill through the House, and asked the Chamber to acknowledge his accomplishment.

{{30760}} HOUSE BILL NO. 1202, By Representatives Williams, Woods, Lantz, Hunt, Campbell, Appleton, McCune, Eickmeyer, Ormsby and Kilmer; by request of Board For Judicial Administration

Creating additional district court judge positions.

The bill was read the second time.

There being no objection, the committee recommendation was adopted.

{{30761}} The bill was placed on final passage.

Representatives Williams 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 House Bill No. 1202.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1202 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Excused: Representatives Haigh and McDermott - 2.

HOUSE BILL NO. 1202, having received the necessary constitutional majority, was declared passed.

{{30762}} HOUSE BILL NO. 1206, By Representative O'Brien

Repealing obsolete or superseded laws.

The bill was read the second time.

There being no objection, the committee recommendation was adopted.

{{30763}} The bill was placed on final passage.

Representatives O'Brien and Priest 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. 1206.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1206 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Excused: Representatives Haigh and McDermott - 2.

HOUSE BILL NO. 1206, having received the necessary constitutional majority, was declared passed.

{{30764}} 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 7, 2005, the 29th Day of the Regular Session.

FRANK CHOPP, Speaker

RICHARD NAFZIGER, Chief Clerk