FIFTY NINTH LEGISLATURE - REGULAR SESSION





FORTIETH DAY





House Chamber, Olympia, Friday, February 18, 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 the Nisei Veterans' Committee Color Guard. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Chaplain Joseph Yoshihara, former Governor Gary Locke's brother-in-law.


       The Speaker (Representative Lovick presiding) introduced the members of the Nisei Veterans' Committee Color Guard: George Morihiro, 442nd Regimental Combat Team veteran; Paul Minato, Military Intelligence Service - Pacific; Mas Odoi, 442nd Regimental Combat Team veteran; Art Yorozu, Military Intelligence Service - Pacific; and Dale Kaku, Nisei Veterans Committee Commander, and recognized other members of the committee.


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


{{31421}}                                      RESOLUTION


       HOUSE RESOLUTION NO. 2005-4622, by Representatives Santos, Hasegawa, Talcott, Hankins, Skinner, Darneille, Hunter, Haler, Chase, B. Sullivan, McCoy, Wallace, Nixon, Hunt, P. Sullivan, Lovick, Blake, Ericks, Murray, Kilmer, Schual-Berke, Moeller, Jarrett, Takko, Dickerson, Dunn, Springer, Sells, Holmquist, Conway, Strow, Kirby, Kretz, McDonald, Clibborn, Roberts, Kenney, McDermott, O'Brien, Bailey, Simpson and Kagi


        WHEREAS, On February 19, 1942, President Franklin D. Roosevelt issued Executive Order 9066, which authorized the forced assembly, evacuation, and internment of approximately 12,000 Japanese-Americans residing in the state of Washington; and

        WHEREAS, The order for assembly and detention at Camp Harmony in Puyallup, Washington, prior to evacuation and subsequent internment caused Japanese-Americans from the state of Washington to lose millions of dollars in property and assets, to suffer immeasurable physical and psychological damage, and to be deprived of their constitutional liberties without due process of law; and

        WHEREAS, The alleged purpose of this drastic course of action was to prevent Japanese-Americans, all of whom were deemed disloyal and untrustworthy, from committing acts of espionage and sabotage against the United States during the period of its involvement in World War II; and

        WHEREAS, An overwhelming number of Japanese-Americans from the state of Washington responded to questions of their loyalty and patriotism by volunteering from within barbed wire camps to serve in the United States Military Intelligence Service and the United States Army's 442nd Regimental Combat Team, the latter of which became the most decorated unit of its size in American history with seven Presidential Unit Citations, 21 Congressional Medals of Honor, 52 Distinguished Service Crosses, 1 Distinguished Service Medal, 588 Silver Stars, 4,000 Bronze Stars, 9,486 Purple Hearts, and a total of 18 decorations from France and Italy; and

        WHEREAS, A few equally patriotic Japanese-Americans, such as Gordon Hirabayashi, then a student at the University of Washington, were willing to face imprisonment to seek justice by challenging the constitutionality of the evacuation and internment orders; and

        WHEREAS, Through the fact-finding work of the Commission on Wartime Relocation and Internment of Civilians, the United States Congress later found "there was no military or security reason for the internment" of individuals of Japanese ancestry but "was caused by racial prejudice, war hysteria, and a failure of political leadership"; and

        WHEREAS, Japanese-American internees from the state of Washington endured economic, physical, and psychological hardship and suffered in silence for more than forty years before the state of Washington provided monetary redress and reparations to municipal and state employees;

        NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives, along with the people of Washington, pause to acknowledge the sixty-third anniversary of the signing of Executive Order 9066 as well as the sixtieth anniversary of the conclusion of World War II in September 1945, to recognize the Japanese-American internees and WWII veterans from the state of Washington, to honor their patience, heroism, sacrifice, and patriotic loyalty, and to remember the lessons and blessings of liberty and justice for all; and

        BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Nisei Veterans Committee, the Military Intelligence Service - Northwest Association, and the Japanese-American Citizens League.


       Representative Santos moved the adoption of the resolution.

       Representative Santos: "Thank you, Mr. Speaker. I am very proud and humbled to stand before you, sir, as we recognize the sixty-third anniversary of the signing of Executive Order 9066 - the Presidential Directive that authorized the mass evacuation, relocation and internment during World War II of more than 120,000 Japanese-Americans including 12,000 from the State of Washington from communities as far flung as Asotin to Yakima, from Seattle to Spokane, from Bellingham to Vancouver. Of those who were evacuated from the West Coast, more than two thirds were American born citizens and nearly 25 percent were children under the age of 15. According to the records kept by the War Relocation Authority, Washington State was the second most likely state of birth for many of these young Japanese-Americans. Yet the United States government - in a panic from the attack on its shores - felt that the security of this nation depended on the immediate removal of these young citizens. As many of you who have served with me these past seven years know, one of the youngsters was my mom, then a tender-aged nine-year-old. At the same time, her uncle, my great uncle George S. Miyaoka was serving in the United States Army as a proud member of the 442nd Regimental Combat Team - an all Japanese-American unit; one of the several segregated military units employed during World War II, and the most highly decorated unit of its size in all of American military history. What was he fighting for? I think President Truman said it best in a White House ceremony honoring the exceptional exploits of the Japanese American Armed Services by noting and I'm going to paraphrase 'you fought not only the enemy but racial prejudice and you won. Keep up that fight and we'll make this country and the constitution stand for what we claim it stands for – that is the welfare of all of the people at all of the time.' And that is why this Washington State House of Representatives pauses in our deliberations today to recognize the meaning of our rights and our freedoms. And to recognize the sacrifices of those who secured those precious liberties for us. That is why I am so proud to have some of the surviving members of the 442nd and the Military Intelligence Service joining with us today, providing our color guard and providing us with a reminder of why we are all here. Just barely adults when they joined the service, many of them enlisting directly from the internment camps where they had been imprisoned, these men are now living in their golden years. But this year we are going to recognize the 60th anniversary of the ending of World War II and we are very quickly losing these brave soldiers. I can certainly name a few and I'm sure that you can as well.

       My former seat mate, Kip Tokuda sought to ensure that we do not lose the stories that are so valuable to our history as a people, as a state, as a nation. And that is why we created the Civil Liberties Public Education Fund to capture those stories. I want to commend my good friend from the 35th District for her work on collecting the oral stories and oral histories of the World War II veterans. I know the good gentleman from the 10th District is also working on preserving the oral histories of the women who served during World War II. These are important stories, we have had the Tuskegee Airmen, we have had the Filipino veterans, we have the Navaho code talkers – these are stories of heroes whom we cannot forget.

       And so, Mr. Speaker, as I begin to conclude, I would like to just note a few of those notable achievements and I would like to read with your permission the citation of one decorated hero: 'For gallantry in action on 18 July 1944 in the vicinity of Colle Salvetti, Italy when his company was halted by two machine guns less than one hundred yards away, Pfc. Miyaoka voluntarily advanced to destroy one of the guns under continual fire from a machine gun, a machine pistol and supporting sniper fire, he crept and crawled, utilizing the scant cover offered by the rolling ground to within twenty yards of the gun. As the enemy squads started to withdraw as Pfc. Miyaoka neutralized the machine gun nest with a fragmentation grenade, he shot and killed three of the enemy, wounded one and captured one. After sending the prisoner to rear, he personally bandaged the wounded enemy."

       This is not an uncommon story of the brave men who are sitting in the gallery and who are sitting in our communities at home. The 442nd deployed in Europe were responsible in part for the liberation of Dachau. They were responsible for saving the Texas Lost Battalion. The Military Intelligence Service and Merrill's Marauders were deployed in the Pacific using language skills that were key to our victory in the Pacific, as members of the Allied Translator and Interpreter Services. On VJ Day in the Pacific, there were more than 3,000 American- born Japanese. That's why collectively they earned seven Presidential Unit Citations, 21 Congressional Medals of Honor, 52 Distinguished Service Crosses, 588 Silver Stars, 4,000 Bronze Stars, 9,500 Purple Hearts and 18 decorations from France and Italy.

       These are our American heroes, Mr. Speaker. I hope that today we will recall President Truman's words and ensure that their victory and the meaning of their victory is never lost. Let their sacrifices never be forgotten. So, Mr. Speaker, I urge the adoption of this resolution."


       Representative Strow: "Mr. Speaker, on November 19, 1942 the President of the United States issued Executive Order 9066 allowing for the internment of nearly 120,000 Japanese-Americans living in the United States, nearly two thirds of those were US citizens. Those interned were forced to sell their property at very short notice, leave their homes and report to the camps and there, sometimes, were separated from their families. Now it is true for historical record that some Italian-Americans and German-Americans were also interned during the war. However, there was a difference in that either they or close family member or in some cases someone with a similar name showed up on the list of fascist sympathizers or Nazi party members. Japanese-Americans were interned solely because of their ancestry and the color of their skin.

       Now not all Japanese-Americans were interned during the war. Many served with distinction in our Armed Forces including the all Japanese-American 442nd Regimental Combat Team who were key to our military success on the Italian mainland. Also the majority of the Japanese-American population in Hawaii were not interned because it was unfeasible to lock up more than half of the population of the Hawaiian Islands.

       It is clear that not all our citizens received equal justice during World War II. On August 10, 1988 another American President signed Public Law No. 100-383 providing redress for the surviving Japanese-American internees. Mr. Speaker, if I may quote that president: "Yet no payment can make up for those lost years. So what is most important in this bill has less to do with property than with honor for here we admit a wrong, for here we reaffirm our commitment as a nation to equal justice under the law."

       Today, Mr. Speaker, I believe we are here to reaffirm our commitment as a nation and as a state to equal justice under the law and thus I urge adoption of this resolution."


       Representative Hasegawa: "Thank you, Mr. Speaker. I am just so tickled to have representatives of our community and the 442nd here today to help us reflect on the meaning of Executive Order 9066 and hopefully there is a teaching lesson we can learn from this executive order. But before we get into that, I want to just pay respect to my parents, my mom, Mine "Minnie" Hasegawa. Obviously, this has a much more profound effect than I even recognized. I want to recognized my father, Hiroshi "Hiro" Hasegawa, my grandmother, my grandparents, my grandfather, my uncles and aunts and everybody who was interned during that period. They were all sent to Minidoka War Relocation Camp, concentration camp. Before they went there, they were sent to Camp Harmony which is now the Puyallup Fair Grounds. If you go visit the Puyallup Fair Grounds now you'll see a memorial, a sculpture by Professor Emeritus of Art, George Tsutakawa in the Northeast corner of that fair grounds memorializing the fact that this was their congregation point; they were all housed on the Puyallup Fair Grounds while they were building the camps around the country.

       Many of my friends and relatives later went on to serve this country in the military intelligence service as was previously noted. And in the 442nd. They served also in Korea.

       I was born shortly after the war and in that context I was a baby boomer and there was something strange going on in our community. Nobody every talked about what happened during World War II. So consequently, there was a possibility that whole episode would go buried and unnoticed, and I am so grateful to this body to keep this in the public eye - to keep this conversation. This is a teaching moment. I also want to recognize many of the folks who stood by the Japanese American community during those hard times. Floyd Schmoe of the American Friends Service Committee went to Japan after the devastating bombings to help clean and help the citizens of that country. Reverend Emery Andrews who was the pastor of Japanese Baptist Church were I grew up; we affectionately called him Andy. He stood by the community; he went to Minidoka and actually lived out there for a while to minister to the internees. After that period of time, when I was growing up, I was involved with the Japanese Baptist Church and we had a boy scout troop there, Troop 53. Little did I know at that time that the adults in that troop were largely veterans of World War II. You can imagine how hard we were driven as a troop but they taught us traditional family values, they taught us hard work and there's another word in Japanese called gaman. Gaman means 'suck it up', don't complain, just do what you have to do. So those life lessons have stayed with me my whole life.

       The most important lesson I learned from our community was how to work as a team, to work collectively, to help us uplift each other as a community. So these lessons laid the foundation for me and developed that sense of social justice that I now fight so hard to achieve in this great country. And it also crafted the lens through which I view Executive Order 9066. On January 12 of this year the University of Washington and the Densho project hosted a lecture by historian Greg Robinson. And part of that lecture was quoted in the Nissai Veteran's Committee Newsletter and if I may read from that: 'Roosevelt stated flatly that Asians' should be excluded from citizenship and property rights enjoyed by Whites. He subscribed to the prevailing theory of Social Darwinism which held that each race was marked by immutable characteristics. Privately he spoke of the Japanese as a savage race and of the undesirability of mixing blood.' So what is the lesson to be learned from that? Hatred, bigotry, racism is antisocial behavior and is just wrong. It has horrible consequences as we can see. So as I stood before you and spoke on Martin Luther King, Jr.'s celebration day, I said it wasn't about the man, the person or the individual ... we weren't hero worshiping. We were here to reflect on the principles and values that he stood for and fought for and died for. So similarly we need to look at Executive Order 9066 not as an isolated individual event but we need to reflect on it for the principles it represents and use it as a teaching tool. So what is the teaching point here? We have to look at the world around us and ask ourselves are we living in a world free of hatred, bigotry and racism? Are we interacting with the world from a position of mutual respect and dignity rather than oppressive power? Are we respecting the civil and human rights of all the people of the United States and the world? Remembering Executive Order 9066 makes us think about those things.

       There is a second teaching point though - are we working to build a world of mutual cooperation and mutual uplift or are we building a world that is oppressive, full of destructive competition and oppression? So I want to thank this body for really paying the respect to the principles that EO 9066 brings our attention to and for helping a good thing come out of the Japanese American experience that our whole community and country suffered through because we are still feeling the pains of that. So with that, Mr. Speaker, I urge your adoption of this resolution."


{{31422}}       HOUSE RESOLUTION NO. 4622 was adopted.


POINT OF PERSONAL PRIVILEGE


       Representative Kagi: "Thank you, Mr. Speaker. Two days ago in Colville, Washington, a Child Protective Services worker was brutally attacked with a machete and a two-by-four. Fortunately, her wounds were not life-threatening and she is recovering, and is planning to return to work within a week. Her attacker didn't stop until he was shot by a deputy sheriff.

       I want to take a moment to just recognize the courageous work that our Child Protective Services workers do, and to recognize that this is the most serious attack, certainly that I remember. But reading in the newspaper, it is not unusual for CPS workers to be threatened and to receive death threats. So we, I think, need to look at this incident and realize that our Child Protective Services workers are not only out there knocking on doors in our communities trying to make sure children are safe but we need to pay attention to the need to protect our own workers and their safety.

       I called the area manager of the Colville office yesterday because some of us wanted to send flowers to the Child Protective Services worker and I was told that she really didn't want to receive flowers. She asked that if we wanted to do something, we send toys for the children who have experienced tremendous trauma, to help them move forward. So we will send toys along with our best wishes for her recovery and our hope that these children will recover from the tremendous tragedy that they have experienced.

       I would like to send my thanks to her and to all the CPS workers across the State that do their best to protect our children. Thank you, Mr. Speaker."


INTRODUCTION & FIRST READING

 

{{31478}}HB 2117       by Representatives Fromhold and Dunshee


       AN ACT Relating to allowing cities and counties critical areas time extensions for the purpose of participation in the public works trust fund; and amending RCW 36.70A.130.


       Referred to Committee on Local Government.

 

{{31479}}HB 2118       by Representatives Schindler, Simpson, Ahern, Clibborn and Woods


       AN ACT Relating to modifying penalties for violating conditions of an intermediate driver's license; amending RCW 46.20.267; and creating a new section.


       Referred to Committee on Transportation.

 

{{31480}}HB 2119       by Representatives Haler, Hinkle, Walsh, Curtis, Anderson, Dunn, Ericksen and Rodne


       AN ACT Relating to privatizing the child support enforcement program; adding a new section to chapter 74.20 RCW; adding a new section to chapter 41.80 RCW; providing an effective date; and declaring an emergency.


       Referred to Committee on Juvenile Justice & Family Law.

 

{{31481}}HB 2120       by Representatives McIntire and Ericks


       AN ACT Relating to urban impact districts; and adding a new chapter to Title 36 RCW.


       Referred to Committee on Local Government.

 

{{31482}}HB 2121       by Representatives DeBolt, Holmquist, Haigh, Campbell, Miloscia, Crouse, Hankins, Buri, Ericksen, Buck, Wallace, Dunn, Woods, Priest and Serben


       AN ACT Relating to health benefit plans; and amending RCW 48.21.045, 48.44.023, and 48.46.066.


       Referred to Committee on Health Care.

 

{{31483}}HB 2122       by Representatives Ericks, Santos, Hankins, Morrell, Lantz, Blake, Darneille, Ormsby, Wood, Chase, Linville, Kenney, Tom, McDermott and Hasegawa


       AN ACT Relating to protecting confidentiality of domestic violence information; amending RCW 5.60.060, 70.123.020, 70.123.030, 70.123.040, and 74.04.060; and adding a new section to chapter 70.123 RCW.


       Referred to Committee on Judiciary.

 

{{31484}}HB 2123       by Representatives Murray, Cox, Kenney, Quall and McIntire



       AN ACT Relating to off-campus disruptive behavior of higher education students; and adding a new section to chapter 28B.10 RCW.


       Referred to Committee on Higher Education.

 

{{31485}}HB 2124       by Representatives Murray, Jarrett, Simpson, Hudgins, Upthegrove, Sells, Wallace, Dickerson, B. Sullivan, Moeller, Kenney and Hasegawa


       AN ACT Relating to increasing state participation in public transportation service and planning; amending RCW 47.01.081, 47.66.030, and 47.66.040; adding new sections to chapter 47.01 RCW; adding a new section to chapter 47.66 RCW; and creating a new section.


       Referred to Committee on Transportation.

 

{{31486}}HB 2125       by Representative Simpson


       AN ACT Relating to the impact fee exemption for low-income housing and other broad purpose development activities; and amending RCW 82.02.060.


       Referred to Committee on Local Government.

 

{{31487}}HB 2126       by Representatives Lantz, Kenney, Kessler, Rodne, Linville, Hankins, Grant, Takko, Newhouse, Williams, Flannigan, Sells, Ormsby, Chase and Serben


       AN ACT Relating to providing accommodations to dependent persons who are victims and witnesses; amending RCW 5.28.030; and adding a new chapter to Title 7 RCW.


       Referred to Committee on Judiciary.

 

{{31488}}HB 2127       by Representatives Sells, Chase and Linville


       AN ACT Relating to property tax exemptions for persons with disabilities related to the performance of military duties; amending RCW 84.36.379 and 84.36.381; and creating a new section.


       Referred to Committee on Finance.

 

{{31489}}HB 2128       by Representatives Kirby and Roach


       AN ACT Relating to banks, savings banks, and mutual savings banks branches; amending RCW 30.38.005, 30.38.010, 32.04.030, and 32.32.228; and adding a new section to chapter 30.38 RCW.


       Referred to Committee on Financial Institutions & Insurance.

 

{{31490}}HB 2129       by Representatives Serben and Ahern


       AN ACT Relating to nonresident liability for use tax; and adding a new section to chapter 82.12 RCW.


       Referred to Committee on Finance.

 

{{31491}}HB 2130       by Representatives Serben and Simpson


       AN ACT Relating to the taxation of omitted property; and amending RCW 84.40.080.


       Referred to Committee on Finance.

 

{{31492}}HB 2131       by Representatives Conway and Springer; by request of Department of Licensing


       AN ACT Relating to the master licensing service; and adding a new section to chapter 19.02 RCW.


       Referred to Committee on Commerce & Labor.

 

{{31493}}HB 2132       by Representatives Alexander, Simpson, DeBolt, Williams, Holmquist and Kenney


       AN ACT Relating to agricultural zoning that supports family farm ownership; amending RCW 36.70A.030 and 36.70A.177; and creating a new section.


       Referred to Committee on Local Government.

 

{{31494}}HB 2133       by Representatives Morrell, Campbell, Cody, Green, Schual-Berke, Clibborn, Moeller, Appleton, Lantz, Williams, Ormsby, Chase and Conway


       AN ACT Relating to access to individual health insurance coverage; amending RCW 42.30.020, 48.18.110, 48.20.025, 48.41.030, 48.41.037, 48.41.040, 48.41.060, 48.41.080, 48.41.090, 48.41.100, 48.41.110, 48.41.120, 48.41.140, 48.41.160, 48.41.190, 48.41.200, 48.44.017, 48.44.020, 48.46.060, 48.46.062, and 70.47.060; reenacting and amending RCW 48.04.010; and providing an effective date.


       Referred to Committee on Health Care.

 

{{31495}}HB 2134       by Representatives Conway, Roach, Lantz, Shabro, Kirby, Talcott, Kilmer, Darneille and McDonald


       AN ACT Relating to a sales and use tax deferral for the construction of a historic automobile museum; and adding a new section to chapter 82.32 RCW.


       Referred to Committee on Finance.

 

{{31496}}HB 2135       by Representatives Orcutt, Takko, Curtis, Blake, Jarrett, Holmquist, Strow and Talcott


       AN ACT Relating to extending the deadlines and update frequency of comprehensive plan updates; and amending RCW 36.70A.130.


       Referred to Committee on Local Government.


 

{{31497}}HB 2136       by Representatives Linville, Ericksen, Eickmeyer and Haler


       AN ACT Relating to a program to develop proposed legislation that provides business and occupation tax credits to physicians serving uninsured, medicare, and medicaid patients; and creating a new section.


       Referred to Committee on Finance.


{{31426}}       There being no objection, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.


{{31427}}              REPORTS OF STANDING COMMITTEES


{{31498}}February 15, 2005

HB 1066       Prime Sponsor, Representative McDermott: Revising learning assistance program distribution formula. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; P. Sullivan, Vice Chairman; Talcott, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Curtis; Haigh; Hunter; McDermott; Santos and Shabro.

 

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


       Referred to Committee on Appropriations.


{{31499}}                                                                          February 15, 2005

HB 1075       Prime Sponsor, Representative Kenney: Modifying the composition of the nursing care quality assurance commission. Reported by Committee on Health Care

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Bailey, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander; Appleton; Clibborn; Condotta; Green; Hinkle; Lantz; Moeller; Morrell; Schual-Berke and Skinner.


       Passed to Committee on Rules for second reading.

{{31500}}

February 15, 2005

HB 1158       Prime Sponsor, Representative Takko: Modifying county treasurer administrative provisions. Reported by Committee on Local Government

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Simpson, Chairman; Clibborn, Vice Chairman; Schindler, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Takko and Woods.


       Passed to Committee on Rules for second reading.


{{31501}}                                                                          February 16, 2005

HB 1222       Prime Sponsor, Representative McDermott: Increasing accountability of ballot measure petitions. 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; McDermott; Miloscia; Schindler and Sump.


       Passed to Committee on Rules for second reading.

{{31502}}February 15, 2005

HB 1313       Prime Sponsor, Representative O'Brien: Requiring the parks and recreation commission to have a record check performed on certain job applicants. Reported by Committee on Natural Resources, Ecology & Parks

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives B. Sullivan, Chairman; Upthegrove, Vice Chairman; Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; Blake; DeBolt; Dickerson; Eickmeyer; Hunt; Orcutt and Williams.


       Passed to Committee on Rules for second reading.

{{31503}}February 15, 2005

HB 1353       Prime Sponsor, Representative Kenney: Providing for a central resource center for the nursing work force. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Alexander; Appleton; Clibborn; Green; Lantz; Moeller; Morrell; Schual-Berke and Skinner.

 

MINORITY recommendation: Do not pass. Signed by Representatives Bailey, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Condotta and Hinkle.


       Referred to Committee on Appropriations.


{{31504}}                                                                          February 15, 2005

HB 1402       Prime Sponsor, Representative O'Brien: Regulating supervision of offenders who travel or transfer to or from another state. Reported by Committee on Criminal Justice & Corrections

 

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



       Referred to Committee on Appropriations.

{{31505}}

February 16, 2005

HB 1413       Prime Sponsor, Representative Dunshee: Expanding the criteria for habitat conservation programs. Reported by Committee on Capital Budget

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dunshee, Chairman; Ormsby, Vice Chairman; Jarrett, Ranking Minority Member; Hankins, Assistant Ranking Minority Member; Blake; Chase; Eickmeyer; Ericks; Flannigan; Green; Hasegawa; Lantz; Moeller; Morrell; Newhouse; O'Brien; Schual-Berke; Springer; Strow and Upthegrove.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cox; DeBolt; Ericksen; Holmquist; Kretz; Kristiansen; McCune; Roach and Serben.


       Referred to Committee on Appropriations.

{{31506}}

February 16, 2005

HB 1439       Prime Sponsor, Representative Green: Allowing the state purchasing and material control director to receive electronic and web-based bids. 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; McDermott; Miloscia; Schindler and Sump.


       Passed to Committee on Rules for second reading.


{{31507}}February 15, 2005

HB 1441       Prime Sponsor, Representative Clibborn: Providing access to health insurance for children. Reported by Committee on Health Care

 

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

 

MINORITY recommendation: Do not pass. Signed by Representatives Bailey, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander; Condotta; Hinkle and Skinner.


       Referred to Committee on Appropriations.

{{31508}}

February 15, 2005

HB 1443       Prime Sponsor, Representative Appleton: Modifying medicare supplemental insurance policy provisions to conform to federal law. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Bailey, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander; Appleton; Clibborn; Condotta; Green; Hinkle; Lantz; Moeller; Morrell; Schual-Berke and Skinner.


       Passed to Committee on Rules for second reading.

{{31509}}

February 15, 2005

HB 1463       Prime Sponsor, Representative Green: Requiring schools to provide information on meningococcal immunization. Reported by Committee on Health Care

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Bailey, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander; Appleton; Clibborn; Condotta; Green; Hinkle; Lantz; Moeller; Morrell; Schual-Berke and Skinner.


       Passed to Committee on Rules for second reading.

{{31510}}

February 15, 2005

HB 1476       Prime Sponsor, Representative Kagi: Altering the amount of earned release time available for certain jail inmates. Reported by Committee on Criminal Justice & Corrections

 

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

 

MINORITY recommendation: Without recommendation. Signed by Representatives Pearson, Ranking Minority Member.


       Passed to Committee on Rules for second reading.

{{31511}}

February 15, 2005

HB 1478       Prime Sponsor, Representative Kagi: Increasing penalties for failure to secure a vehicle load on a public highway. Reported by Committee on Criminal Justice & Corrections

 

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


       Referred to Committee on Appropriations.


{{31512}}February 15, 2005

HB 1479       Prime Sponsor, Representative Morrell: Regarding independent prescriptive authority for advanced registered nurse practitioners. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Curtis, Assistant Ranking Minority Member; Appleton; Clibborn; Green; Lantz; Moeller; Morrell; Schual-Berke and Skinner.

 

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


       Passed to Committee on Rules for second reading.

{{31513}}

February 15, 2005

HB 1493       Prime Sponsor, Representative B. Sullivan: Allowing certain state-owned filled tidelands and shorelands to be designated as aquatic investment properties. Reported by Committee on Natural Resources, Ecology & Parks

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives B. Sullivan, Chairman; Upthegrove, Vice Chairman; Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; Blake; DeBolt; Dickerson; Eickmeyer; Hunt; Orcutt and Williams.


       Referred to Committee on Capital Budget.


{{31514}}February 15, 2005

HB 1546       Prime Sponsor, Representative Clibborn: Regulating naturopathic physicians. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Bailey, Ranking Minority Member; Alexander; Appleton; Clibborn; Green; Hinkle; Lantz; Moeller; Morrell; Schual-Berke and Skinner.

 

MINORITY recommendation: Do not pass. Signed by Representatives Curtis, Assistant Ranking Minority Member; Condotta.


       Passed to Committee on Rules for second reading.

{{31515}}

February 14, 2005

HB 1550       Prime Sponsor, Representative Santos: Supporting the state achievers' scholarship program. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; P. Sullivan, Vice Chairman; Talcott, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Curtis; Haigh; Hunter; McDermott; Santos; Shabro and Tom.


       Referred to Committee on Appropriations.


{{31516}}February 16, 2005

HB 1568       Prime Sponsor, Representative Haigh: Concerning the activation of the national guard. 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; McDermott; Miloscia; Schindler and Sump.


       Passed to Committee on Rules for second reading.


{{31517}}February 14, 2005

HB 1592       Prime Sponsor, Representative Strow: Including women's contributions in the World War II oral history project. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; P. Sullivan, Vice Chairman; Talcott, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Curtis; Haigh; Hunter; McDermott; Santos; Shabro and Tom.


       Referred to Committee on Appropriations.


{{31518}}                                                                          February 15, 2005

HB 1614       Prime Sponsor, Representative Green: Restricting correctional facilities on the grounds of a state hospital. Reported by Committee on Criminal Justice & Corrections

 

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


       Referred to Committee on Appropriations.

{{31519}}

February 15, 2005

HB 1633       Prime Sponsor, Representative Talcott: Establishing procedural requirements for digital learning programs. Reported by Committee on Education

 


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


       Referred to Committee on Appropriations.

{{31520}}

February 16, 2005

HB 1634       Prime Sponsor, Representative Grant: Allowing terminally ill members to remove themselves from their retirement plan. Reported by Committee on Appropriations

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Sommers, Chairman; Fromhold, Vice Chairman; Alexander, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Bailey; Buri; Clements; Cody; Conway; Darneille; Dunshee; Grant; Haigh; Hinkle; Hunter; Kagi; Kenney; Kessler; Linville; McDermott; McDonald; McIntire; Miloscia; Pearson; Priest; Schual-Berke; Talcott and Walsh.


       Passed to Committee on Rules for second reading.


{{31521}}February 16, 2005

HB 1636       Prime Sponsor, Representative Pettigrew: Adopting a wage ladder for child care workers. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass. Signed by Representatives Kagi, Chairman; Roberts, Vice Chairman; Darneille; Dickerson and Pettigrew.

 

MINORITY recommendation: Do not pass. Signed by Representatives Hinkle, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Dunn and Haler.


       Referred to Committee on Appropriations.

{{31522}}

February 16, 2005

HB 1663       Prime Sponsor, Representative Kagi: Creating the prevention and intervention investment 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; Walsh, Assistant Ranking Minority Member; Darneille; Dickerson; Haler and Pettigrew.

 

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


       Referred to Committee on Appropriations.

{{31523}}

February 16, 2005

HB 1813       Prime Sponsor, Representative Williams: Increasing the term of nonvoter approved rural library district general obligation bonds. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass. Signed by Representatives Simpson, Chairman; Clibborn, Vice Chairman; Schindler, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; B. Sullivan; Takko and Woods.


       Passed to Committee on Rules for second reading.


{{31428}}       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.


{{31429}}                                  SECOND READING


{{31430}}       HOUSE BILL NO. 1316, By Representatives Schual-Berke, Simpson, Kessler, Morrell, Kilmer, Upthegrove, Clibborn, Hasegawa, Conway, Roberts, Takko, Moeller, Kagi, Dickerson, Campbell and Ormsby; by request of Governor Gregoire


       Allowing the importation of certain prescription drugs from Canadian wholesalers.


       The bill was read the second time. There being no objection, Second Substitute House Bill No. 1316 was substituted for House Bill No. 1316 and the second substitute bill was placed on the second reading calendar.


       SECOND SUBSTITUTE HOUSE BILL NO. 1316 was read the second time.


{{31431}}       Representative Ericksen moved the adoption of amendment (036):


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. 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 immediately."


        Correct the title.


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


       Representative Schual-Berke spoke against the adoption of the amendment.


       The amendment was not adopted.



{{31432}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


       Representatives Schual-Berke, Moeller, Green, and Morrell spoke in favor of passage of the bill.


       Representatives Bailey, Hinkle, DeBolt, Anderson, Ericksen, Bailey (again) and Buck spoke against the passage of the bill.


MOTION


       On motion of Representative Santos, Representatives McIntire and Murray were excused.


       The Speaker stated the question before the House to be the final passage of Second Substitute House Bill No. 1316.


ROLL CALL


       The Clerk called the roll on the final passage of Second Substitute House Bill No. 1316 and the bill passed the House by the following vote: Yeas - 54, Nays - 42, Absent - 0, Excused - 2.

       Voting yea: Representatives Appleton, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, Miloscia, Moeller, Morrell, Morris, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, B. Sullivan, P. Sullivan, Takko, Upthegrove, Wallace, Williams, Wood and Mr. Speaker - 54.

       Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 42.

       Excused: Representatives McIntire and Murray - 2.


       SECOND SUBSTITUTE HOUSE BILL NO. 1316, having received the necessary constitutional majority, was declared passed.


{{31433}}       HOUSE BILL NO. 1219, By Representatives Cody, Schual-Berke, Morrell, Kessler, Simpson, Campbell, P. Sullivan, Williams, Chase, Dickerson, Quall, Kenney, O'Brien, Clibborn, Conway, Green, Lantz, Sells, Kagi, Ormsby, Wallace, McIntire, Upthegrove, Hasegawa and Kilmer; by request of Governor Gregoire


       Authorizing a prescription drug purchasing consortium.


       The bill was read the second time. On motion of Representative Sommers, Substitute House Bill No. 1219 was substituted for House Bill No. 1219 and the substitute bill was placed on the second reading calendar.


       SUBSTITUTE HOUSE BILL NO. 1219 was read the second time.


{{31434}}       Representative Alexander moved the adoption of amendment (034):


        On page 2, line 5, after "January 1," strike "2006" and insert "2007"


        On page 3, after line 24, insert the following:


        "NEW SECTION. Sec. 2. (1) The administrator of the state health care authority shall report to the house of representatives and senate committees on health care, the house of representatives committee on appropriations, and the senate committee on ways and means on the development of the prescription drug purchasing consortium to be established in section 1 of this act. The report shall include, but not be limited to, the following:

        (a) The prospective design of the consortium, including the criteria through which a preferred drug list will be developed, maintained, and disseminated to participants and the means through which the state will restrict access to nonpreferred drugs within the consortium;

        (b) Projected participation in the consortium by units of local government, private entities, labor organizations, and individuals;

        ©) Projected administrative costs of operation of the consortium and estimated enrollment fees and other fees required to support projected administrative costs;

        (d) Status of efforts to identify joint purchasing opportunities with other states;

        (e) Estimated savings to the state and to units of local government through projected participation in the consortium;

        (f) Prospects for circumventing existing private contracts between private health carriers;

        (g) Enrollment in and estimated savings from the pharmacy connections program established under RCW 70.14.050;

        (h) A review of and report on efforts of the pharmaceutical and other industry groups to provide prescription drugs at reduced or no cost; and

        (1) Estimated impacts on private health insurance markets.

        (2) The report must be submitted by January 1, 2006."


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


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


       Representative Cody spoke against the adoption of the amendment.


       The amendment was not adopted.


{{31435}}       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


       Representatives Cody, Morrell, Simpson, Conway, Kessler and Flannigan spoke in favor of passage of the bill.


       Representatives Bailey, Hinkle, Serben, Priest and Ericksen 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. 1219.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute House Bill No. 1219 and the bill passed the House by the following vote: Yeas - 55, Nays - 42, Absent - 0, Excused - 1.

       Voting yea: Representatives Appleton, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, B. Sullivan, P. Sullivan, Takko, Upthegrove, Wallace, Williams, Wood and Mr. Speaker - 55.

       Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 42.

       Excused: Representative McIntire - 1.


       SUBSTITUTE HOUSE BILL NO. 1219, having received the necessary constitutional majority, was declared passed.


{{31436}}       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 21, 2005, the 43rd Day of the Regular Session.


FRANK CHOPP, Speaker

RICHARD NAFZIGER, Chief Clerk