SIXTIETH LEGISLATURE - REGULAR SESSION

THIRTY THIRD DAY

House Chamber, Olympia, Friday, February 15, 2008

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

The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Conner Allender and Kurt Schiewtz. The Speaker (Representative Morris presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Chaplain Bill Terhune, South Bay Fire Department, Olympia.

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

MESSAGES FROM THE SENATE

February 14, 2008

Mr. Speaker:

The Senate has passed:

ENGROSSED SENATE BILL NO. 6386,

ENGROSSED SENATE BILL NO. 6663,

ENGROSSED SENATE BILL NO. 6868,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6874,

and the same are herewith transmitted.

Thomas Hoemann, Secretary

February 14, 2008

Mr. Speaker:

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 5254,

SECOND SUBSTITUTE SENATE BILL NO. 5367,

SUBSTITUTE SENATE BILL NO. 5378,

SUBSTITUTE SENATE BILL NO. 5651,

SECOND ENGROSSED SENATE BILL NO. 5723,

THIRD SUBSTITUTE SENATE BILL NO. 5743,

ENGROSSED SENATE BILL NO. 5927,

SUBSTITUTE SENATE BILL NO. 6195,

SENATE BILL NO. 6267,

SUBSTITUTE SENATE BILL NO. 6316,

SUBSTITUTE SENATE BILL NO. 6328,

SENATE BILL NO. 6331,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6348,

SUBSTITUTE SENATE BILL NO. 6367,

SUBSTITUTE SENATE BILL NO. 6405,

SENATE BILL NO. 6504,

SUBSTITUTE SENATE BILL NO. 6510,

SUBSTITUTE SENATE BILL NO. 6604,

SECOND SUBSTITUTE SENATE BILL NO. 6732,

SUBSTITUTE SENATE BILL NO. 6774,

SENATE BILL NO. 6839,

SECOND SUBSTITUTE SENATE BILL NO. 6855,

SENATE JOINT MEMORIAL NO. 8024,

and the same are herewith transmitted.

Thomas Hoemann, Secretary

INTRODUCTION AND FIRST READING

HB 3370 by Representatives Dunn, McCune, McDonald, Schindler, Ahern, Crouse and Campbell

AN ACT Relating to exempting senior citizens from certain licensing fees for motor homes; amending RCW 46.01.140, 46.16.063, 46.16.237, 46.16.270, and 46.17.020; and providing an effective date.

Referred to Committee on Transportation.

HB 3371 by Representatives Ahern, McCune, Dunn and Roach

Prohibiting specified sex offenses against children.

Referred to Committee on Public Safety & Emergency Preparedness.

HB 3372 by Representatives Haler, Simpson, Warnick and Hankins

AN ACT Relating to county elected officials keeping offices at the county seat; and amending RCW 36.23.080, 36.28.160, 36.29.170, and 36.80.015.

Referred to Committee on Local Government.

E2SSB 5278 by Senate Committee on Government Operations & Elections (originally sponsored by Senators Franklin, Kastama, Kline, Spanel, Keiser, Kohl-Welles, McAuliffe, Regala, Pridemore, Poulsen, Fraser, Rasmussen and Rockefeller)

AN ACT Relating to use of public funds for political purposes; and amending RCW 42.17.128.

Referred to Committee on State Government & Tribal Affairs.

SSB 5318 by Senate Committee on Natural Resources, Ocean & Recreation (originally sponsored by Senators Poulsen and Jacobsen)

AN ACT Relating to wildlife conservation in Washington's portion of the Yukon to Yellowstone Rocky mountain ecosystem; adding a new section to chapter 77.12 RCW; and creating a new section.

Referred to Committee on Agriculture & Natural Resources.

SB 5432 by Senators Swecker, Roach, Hatfield, Zarelli, Kline, Brandland, Benton and Rasmussen

AN ACT Relating to allowing fire protection districts to have additional fire commissioners; and amending RCW 52.14.010, 52.14.015, 52.14.013, and 52.14.017.

Referred to Committee on Local Government.

2SSB 5596 by Senate Committee on Ways & Means (originally sponsored by Senators Franklin, Benton, Kline, Poulsen, Keiser and Roach)

AN ACT Relating to fair payment for chiropractic services; and adding a new section to chapter 48.43 RCW.

Referred to Committee on Appropriations.

SSB 5691 by Senate Committee on Ways & Means (originally sponsored by Senators Zarelli, Prentice and Roach)

AN ACT Relating to the near general fund and requiring revenue forecasts thereof; amending RCW 82.33.020, 43.135.025, 43.135.025, 43.79.460, 43.79.465, 43.72.900, and 83.100.230; reenacting and amending RCW 43.08.250, 69.50.520, 70.146.030, and 43.135.045; and providing an effective date.

Referred to Committee on Appropriations.

ESSB 5714 by Senate Committee on Early Learning & K-12 Education (originally sponsored by Senators Roach, Prentice, Rasmussen, Oemig, Clements, Rockefeller, Tom, Fairley, Hobbs, Shin, Swecker, Holmquist, Benton, Stevens, Parlette, Delvin and Kline)

AN ACT Relating to instruction in Spanish and Chinese languages; creating new sections; providing an expiration date; and declaring an emergency.

Referred to Committee on Appropriations.

SB 6196 by Senators Pridemore, Zarelli and Kastama

AN ACT Relating to definitions applicable to local infrastructure financing tool program demonstration projects; amending RCW 39.102.020; and providing an expiration date.

Referred to Committee on Finance.

SB 6289 by Senators Spanel, Swecker, Jacobsen, Morton and Shin

AN ACT Relating to Puget Sound Dungeness crab catch record cards; amending RCW 77.32.070 and 77.15.280; and prescribing penalties.

Referred to Committee on Agriculture & Natural Resources.

SSB 6306 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Rockefeller, Fairley, Kline and Shin)

AN ACT Relating to visitation rights for relatives of dependent children; amending RCW 26.09.405; and adding a new section to chapter 13.34 RCW.

Referred to Committee on Early Learning & Children's Services.

SSB 6309 by Senate Committee on Water, Energy & Telecommunications (originally sponsored by Senators Rockefeller, Kohl-Welles, Jacobsen, Regala, Oemig, Pridemore, Murray, Marr, Hatfield, Kline and Tom)

AN ACT Relating to presale disclosure of greenhouse gas emissions from new passenger cars, light duty trucks, and medium duty passenger vehicles; adding a new section to chapter 70.120A RCW; and creating a new section.

Referred to Committee on Ecology & Parks.

2SSB 6377 by Senate Committee on Ways & Means (originally sponsored by Senators Hobbs, Fairley, Rockefeller, McAuliffe, Kohl-Welles, Berkey, Shin, Regala, Oemig, Kilmer, Eide, Fraser, Franklin and Rasmussen)

AN ACT Relating to secondary career and technical education; amending RCW 28C.04.100, 28C.04.110, 28A.230.097, 28A.655.065, 28A.600.045, 28B.102.040, and 28A.505.220; amending 2007 c 399 s 3 (uncodified); amending 2007 c 354 s 12 (uncodified); adding new sections to chapter 28B.50 RCW; adding new sections to chapter 28A.245 RCW; adding a new chapter to Title 28A RCW; creating new sections; recodifying RCW 28C.04.100, 28C.04.110, and 28C.22.020; repealing RCW 28C.22.005 and 28C.22.010; providing an effective date; and providing an expiration date.

Referred to Committee on Appropriations.

ESSB 6380 by Senate Committee on Early Learning & K-12 Education (originally sponsored by Senators Eide, Brown, McAuliffe, Marr, Shin, Kohl-Welles and Weinstein)

AN ACT Relating to enhancing school library programs; and creating new sections.

Referred to Committee on Appropriations.

SSB 6456 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Keiser, Kohl-Welles and McAuliffe)

AN ACT Relating to modifying credentialing standards for counselors; amending RCW 18.19.020, 18.19.030, 18.19.040, 18.19.050, 18.19.060, 18.19.090, 18.19.100, 18.225.010, 18.225.020, 18.225.150, 18.205.020, 18.205.030, and 18.205.040; adding new sections to chapter 18.19 RCW; adding a new section to chapter 18.225 RCW; adding a new section to chapter 18.205 RCW; creating new sections; and providing an effective date.

Referred to Committee on Appropriations.

SSB 6457 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Keiser and Kohl-Welles)

AN ACT Relating to the adverse health events and incident reporting system; amending RCW 70.56.020, 70.56.040, and 70.56.050; reenacting and amending RCW 42.56.360 and 42.56.360; providing an effective date; and providing an expiration date.

Referred to Committee on Health Care & Wellness.

SB 6534 by Senators McAuliffe and Tom

AN ACT Relating to the revision of the mathematics standards; and creating a new section.

Referred to Committee on Education.

SSB 6556 by Senate Committee on Early Learning & K-12 Education (originally sponsored by Senators Honeyford, Pflug, Morton, Stevens and Swecker)

AN ACT Relating to school anaphylactic policy guidelines; and adding a new section to chapter 28A.210 RCW.

Referred to Committee on Health Care & Wellness.

SB 6588 by Senators Kauffman, Prentice, Kastama, Hobbs, Sheldon, Delvin, Shin, McAuliffe and Rasmussen

AN ACT Relating to transfers of accumulated leave of common school and higher education employees; and amending RCW 28A.310.240 and 28A.400.300.

Referred to Committee on Appropriations.

E2SSB 6673 by Senate Committee on Ways & Means (originally sponsored by Senators McAuliffe, Brandland, Hobbs, McDermott, Rasmussen, Weinstein, Oemig, Tom, Kauffman, Hargrove, Fairley, Franklin and Shin)

AN ACT Relating to learning opportunities to assist students to obtain a high school diploma; amending RCW 28A.165.035 and 28B.118.010; adding new sections to chapter 28A.320 RCW; adding a new section to chapter 28A.630 RCW; adding a new section to chapter 28A.655 RCW; adding a new section to chapter 28A.310 RCW; creating new sections; and providing an expiration date.

Referred to Committee on Appropriations.

SB 6685 by Senators Pflug, Tom, Roach, Fairley, Jacobsen, Marr, Hobbs, Kilmer, Rockefeller, Kohl-Welles, Delvin, Hewitt, Brown, Swecker, Weinstein, Morton, Kline, Parlette, Pridemore, McDermott, Benton, Brandland and Honeyford

AN ACT Relating to ethical restrictions on mailings by legislators; amending RCW 42.52.185; and creating a new section.

Referred to Committee on State Government & Tribal Affairs.

SSB 6726 by Senate Committee on Early Learning & K-12 Education (originally sponsored by Senators Tom, McAuliffe and Rasmussen)

AN ACT Relating to the professional educator standards board establishing a professional-level certification assessment; and amending RCW 28A.410.210 and 28A.410.220.

Referred to Committee on Education.

SSB 6751 by Senate Committee on Labor, Commerce, Research & Development (originally sponsored by Senators Kohl-Welles, Roach, Pridemore, McDermott, Keiser, Franklin and Kline)

AN ACT Relating to allowing individuals who left work to enter certain apprenticeship programs to receive unemployment insurance benefits; amending RCW 50.20.050 and 50.29.021; and creating a new section.

Referred to Committee on Commerce & Labor.

SSB 6879 by Senate Committee on Early Learning & K-12 Education (originally sponsored by Senators McAuliffe, Tom, McDermott and Rasmussen)

AN ACT Relating to the joint task force on basic education finance; and amending 2007 c 399 s 2 (uncodified).

Referred to Committee on Education.

SB 6941 by Senators Fraser, Morton, Regala and Delvin

AN ACT Relating to a waste reduction and recycling awards program in K-12 schools; and amending RCW 70.95C.120.

Referred to Select Committee on Environmental Health.

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.

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

SECOND READING

HOUSE BILL NO. 2823, By Representatives Blake and Kretz

Regarding the Willapa harbor oyster reserve.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2823 was substituted for House Bill No. 2823 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2823 was read the second time.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2823.

MOTIONS

On motion of Representative Schindler, Representatives Anderson, Hailey, Rodne and Skinner were excused. On motion of Representative Santos, Representatives Flannigan, Fromhold, Goodman, Lantz, Schual-Berke and Upthegrove were excused. With the consent of the House, Representative Campbell was excused.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2823 and the bill passed the House by the following vote: Yeas - 86, Nays - 1, Absent - 0, Excused - 11.

Voting yea: Representatives Ahern, Alexander, Appleton, Armstrong, Bailey, Barlow, Blake, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Liias, Linville, Loomis, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 86.

Voting nay: Representative McCoy - 1.

Excused: Representatives Anderson, Campbell, Flannigan, Fromhold, Goodman, Hailey, Lantz, Rodne, Schual-Berke, Skinner and Upthegrove - 11.

SUBSTITUTE HOUSE BILL NO. 2823, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2838, By Representatives Williams, Roach, Kirby, Simpson, Ericks and Haler

Regulating retention of personal information associated with access devices.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2838 was substituted for House Bill No. 2838 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2838 was read the second time.

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

Representatives Williams and Roach spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2838.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2838 and the bill passed the House by the following vote: Yeas - 89, Nays - 0, Absent - 0, Excused - 9.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 89.

Excused: Representatives Campbell, Flannigan, Fromhold, Hailey, Lantz, Rodne, Schual-Berke, Skinner and Upthegrove - 9.

SUBSTITUTE HOUSE BILL NO. 2838, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2959, By Representatives Wood, Ormsby, Springer, Conway, Linville, Barlow, Walsh and Quall

Concerning craft distilleries.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2959 was substituted for House Bill No. 2959 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2959 was read the second time.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2959.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2959 and the bill passed the House by the following vote: Yeas - 89, Nays - 1, Absent - 0, Excused - 8.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Takko, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 89.

Voting nay: Representative Sump - 1.

Excused: Representatives Campbell, Flannigan, Fromhold, Hailey, Rodne, Schual-Berke, Skinner and Upthegrove - 8.

SUBSTITUTE HOUSE BILL NO. 2959, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3002, By Representatives Williams, Sells, Ericks, Simpson, Hurst, Loomis, Conway, Liias, Van De Wege, Kenney, Linville and Ormsby

Applying arbitration to bargaining by the state and the Washington state patrol.

The bill was read the second time.

There being no objection, Substitute House Bill No. 3002 was substituted for House Bill No. 3002 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3002 was read the second time.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 3002.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 3002 and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 90.

Excused: Representatives Campbell, Flannigan, Fromhold, Hailey, Rodne, Schual-Berke, Skinner and Upthegrove - 8.

SUBSTITUTE HOUSE BILL NO. 3002, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3106, By Representative Grant

Changing the name of the commission on pesticide registration to the commission on integrated pest management without changing responsibilities or authority of the commission.

The bill was read the second time.

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

Representatives Grant and Kretz spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Bill No. 3106.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 3106 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 91.

Excused: Representatives Campbell, Flannigan, Fromhold, Hailey, Rodne, Schual-Berke and Skinner - 7.

HOUSE BILL NO. 3106, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2781, By Representatives Wallace, Chase, Sells, Conway, Morrell, Haigh, Hankins and Santos

Enhancing Washington state history and government course requirements for high school graduation.

The bill was read the second time.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Bill No. 2781.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2781 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 91.

Excused: Representatives Campbell, Flannigan, Fromhold, Hailey, Rodne, Schual-Berke and Skinner - 7.

HOUSE BILL NO. 2781, having received the necessary constitutional majority, was declared passed.

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

There being no objection, the Committee on Rules was relieved of further consideration on HOUSE BILL NO. 2476, and the bill was placed on the Second Reading calendar.

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

SECOND READING SUSPENSION

HOUSE BILL NO. 2580, By Representatives Hurst, McCoy, Van De Wege, Morrell, Campbell and Roach

Concerning paydates for employees participating in state active military duty.

The bill was read the second time.

There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 2580 was read the second time.

The bill was placed on final passage.

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2580.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2580, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 94.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SUBSTITUTE HOUSE BILL NO. 2580, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2850, By Representatives Rolfes, Upthegrove, Williams, Pedersen and Hunt

Regarding Puget Sound scientific research.

The bill was read the second time.

There being no objection, the committee recommendation was adopted.

The bill was placed on final passage.

Representative Upthegrove spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Bill No. 2850.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2850 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

HOUSE BILL NO. 2850, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2949, By Representatives Linville, Conway, Armstrong, Condotta, Fromhold and Wood; by request of Liquor Control Board

Designating nonappropriated expenses of the liquor control board paid from the liquor revolving fund.

The bill was read the second time.

There being no objection, the committee recommendation was adopted.

The bill was placed on final passage.

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Bill No. 2949.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2949 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

HOUSE BILL NO. 2949, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3281, By Representatives Seaquist, Rolfes, Lantz, Appleton and Santos

Requiring public notification of industrial development levies by port districts.

The bill was read the second time.

There being no objection, the committee recommendation was adopted.

The bill was placed on final passage.

Representatives Seaquist and Warnick spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Bill No. 3281.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 3281 and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 93.

Voting nay: Representative Dunn - 1.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

HOUSE BILL NO. 3281, having received the necessary constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4029, By Representatives Liias, Loomis, Ericks, Sells, Rolfes, Seaquist, McCoy, Upthegrove, Hunt, Williams, Linville, Appleton, Smith, Morrell, McIntire and Pearson

Requesting that Congress fund the Northwest Straits Marine Conservation Initiative.

The joint memorial was read the second time.

There being no objection, the committee recommendation was adopted.

The joint memorial was placed on final passage.

Representatives Liias, Kretz and Smith spoke in favor of passage of the joint memorial.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Joint Memorial No. 4029.

ROLL CALL

The Clerk called the roll on the final passage of House Joint Memorial No. 4029 and the joint memorial passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

HOUSE JOINT MEMORIAL NO. 4029, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2557, By Representatives Goodman, Barlow and Warnick

Improving the operation of the trial courts.

The bill was read the second time.

There being no objection, the committee recommendation was adopted and SECOND SUBSTITUTE HOUSE BILL NO. 2557 was read the second time.

The bill was placed on final passage.

Representatives Goodman and Warnick spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 2557.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2557 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SECOND SUBSTITUTE HOUSE BILL NO. 2557, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2756, By Representatives Kelley, Green, Wallace, Rodne, McCune, Goodman, Van De Wege, Lantz, Seaquist, Hurst and Simpson

Logging the telephone calls of residents of the special commitment center.

The bill was read the second time.

There being no objection, the committee recommendation was adopted and SUBSTITUTE HOUSE BILL NO. 2756 was read the second time.

The bill was placed on final passage.

Representative Kelley spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2756.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2756 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SUBSTITUTE HOUSE BILL NO. 2756, having received the necessary constitutional majority, was declared passed.

SECOND READING

HOUSE BILL NO. 2444, By Representatives Pearson, McCune, Priest, Haler, Armstrong, Kristiansen, Crouse, Rodne, Bailey, Hinkle, Hailey, Kretz, Warnick, Sump, Roach, Orcutt, Newhouse, Ahern, Alexander, Skinner, Hurst, Schindler, Walsh, Smith, Campbell, Dunn, Herrera, Kelley and McDonald

Requiring registered sex and kidnapping offenders to submit information regarding any e-mail addresses and any web sites they create or operate.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2444 was substituted for House Bill No. 2444 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2444 was read the second time.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2444.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2444 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SUBSTITUTE HOUSE BILL NO. 2444, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3166, By Representatives Sullivan, Priest, Haler, Santos and Ormsby

Concerning the design of the state assessment system and the WASL.

The bill was read the second time.

There being no objection, Substitute House Bill No. 3166 was substituted for House Bill No. 3166 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3166 was read the second time.

Representative Anderson moved the adoption of amendment (1051):

On page 3, line 13, after "algebra I" strike "," and insert "and"

On page 3, beginning on line 13, after "geometry" strike ", integrated mathematics I, and integrated mathematics II"

On page 3, line 15, after "algebra I" strike "and integrated mathematics I"

On page 3, line 18, after algebra I" strike "," and insert "and"

On page 3, beginning on line 18, after "geometry" strike ", integrated mathematics I, and integrated mathematics II"

On page 3, line 24, after "assessment" strike all material through "end-of-course assessment" on line 25

On page 3, line 32, after "using" strike "either"

On page 3, beginning on line 33, after "end-of-course assessment" strike all material through "assessment" on line 35

Representatives Anderson and Sullivan spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 3166.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 3166 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 3166, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3276, By Representatives Eddy and Warnick

Allowing a city to own land provided for the state horse park.

The bill was read the second time.

Representative Eddy moved the adoption of amendment (1124):

On page 2, beginning on line 20, strike all of section 2

Correct the title.

Representatives Eddy and Warnick spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

Representatives Eddy, Warnick and Goodman spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 3276.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 3276 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED HOUSE BILL NO. 3276, having received the necessary constitutional majority, was declared passed.

The Speaker (Representative Morris presiding) called upon Representative Moeller to preside.

SECOND READING

HOUSE BILL NO. 3104, By Representatives Pedersen, Hankins, Moeller, Walsh, Linville, Takko, Upthegrove, Kessler, Jarrett, Ericks, Wallace, Grant, Eickmeyer, Quall, Clibborn, Dunshee, Lantz, Sullivan, Simpson, Blake, Hunter, Roberts, Rolfes, Williams, Sells, Schual-Berke, Springer, Eddy, Hunt, Hudgins, Santos, Cody, Seaquist, Fromhold, Nelson, McIntire, Chase, Hasegawa, Appleton, Darneille, Haigh, Sommers, Dickerson, Kirby, Wood, Flannigan, Conway, Goodman, Kenney, Kagi, Ormsby, Loomis, McCoy, Barlow, O'Brien, Pettigrew, Morris, Liias and Van De Wege

Expanding rights and responsibilities for domestic partnerships.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 3104 was substituted for House Bill No. 3104 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 3104 was read the second time.

Representative Warnick moved the adoption of amendment (1075):

On page 2, after line 14, insert the following:

"NEW SECTION. Sec. 101. The legislature has declared that this state has a compelling state interest in reaffirming its historical commitment to the institution of marriage as a union between a man and a woman as husband and wife and in protecting that institution. The legislature has further declared its intent to establish public policy against same-sex marriage in statutory law that clearly and definitively declares same-sex marriages will not be recognized in Washington, even if they are made legal in other states. The legislature has enacted statutory law that prohibits marriages when the parties are persons other than a male and a female and provides that marriages between two persons other than a male and a female that are recognized as valid in another jurisdiction are not valid in this state. This act shall not be construed to endorse any specific belief, practice, behavior, or orientation. Nothing in chapter 26.60 RCW or chapter 156, Laws of 2007 or this act is intended to or shall be construed to promote or endorse same-sex marriage or to modify or supersede state law related to marriage."

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

POINT OF ORDER

Representative Springer requested a scope and object ruling on amendment (1075) to Second Substitute House Bill No. 3104.

SPEAKER'S RULING

Mr. Speaker (Representative Moeller presiding): "A point of order has been raised under House Rule 11 (e) with respect to amendment (1075); the question being whether the amendment would change the Scope and Object of Second Substitute House Bill No. 3104. The bill has a narrow title, "expanding rights and responsibilities of all couples recognized as domestic partners under chapter 26.20 RCW." Not surprisingly the bill's object is to expand the rights and responsibilities of all couples recognized as domestic partners under chapter 26.20 RCW.

Amendment (1075) would add an intent section to this bill declaring that the state has a compelling interest in reaffirming its commitment to the institution of marriage.

The Speaker finds that no couple whose rights and responsibilities as domestic partners under chapter 26.20 RCW, are included in the amendment's stated intent, and further, that no persons currently married under Washington law, have any rights or responsibilities under the domestic partnership law.

The bill and the amendment share no common purpose.

The Speaker finds that amendment (1075) is out of order under House Rule 11 (e) in that it violates the Scope and Object of the bill.

While the objection was not raised, the Speaker would further note that the amendment would also be out of order under House Rule 11 (d) which requires that amendments be germane.

The Speaker (Representative Moeller presiding): Representative Springer, your point of order is well taken. Amendment (1075) is out of order."

Representative Rodne moved the adoption of amendment (1062):

On page 195, after line 9, insert the following:

"NEW SECTION. Sec. 1301. The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation."

Renumber the remaining sections consecutively and correct the title.

Representatives Rodne and McCune spoke in favor of the adoption of the amendment.

Representative Hunter spoke against the adoption of the amendment.

The amendment was not adopted.

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

Representative Pedersen spoke in favor of passage of the bill.

Representative Sump spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 3104.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 3104 and the bill passed the House by the following vote: Yeas - 62, Nays - 32, Absent - 0, Excused - 4.

Voting yea: Representatives Appleton, Barlow, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Haigh, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Williams, Wood and Mr. Speaker - 62.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Haler, Herrera, Hinkle, Kretz, Kristiansen, McCune, McDonald, Miloscia, Newhouse, Orcutt, Pearson, Priest, Roach, Rodne, Ross, Schindler, Schmick, Smith, Sump and Warnick - 32.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SECOND SUBSTITUTE HOUSE BILL NO. 3104, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2527, By Representatives Bailey, Kenney and Kretz

Modifying the definitions of rural county for certain economic development programs.

The bill was read the second time.

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

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

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 2527.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2527 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

HOUSE BILL NO. 2527, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2624, By Representatives McCoy, Kessler, Appleton, Ormsby, Van De Wege, Hunt, Kenney, Darneille and Chase

Concerning human remains.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 2624 was substituted for House Bill No. 2624 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2624 was read the second time.

Representative Hunt moved the adoption of amendment (1063):

On page 2, line 7, after "liability" strike all material through "law" on line 10 and insert "arising under the provisions of this section provided the following criteria are met:

(i) The finding of the remains was based on inadvertent discovery;

(ii) The requirements of the subsection are otherwise met; and

(iii) The person is otherwise in compliance with applicable law"

On page 2, line 28, after "finding." strike all material through "affiliation" on line 31 and insert "The determination of what are appropriate local cemeteries to be notified is at the discretion of the department"

On page 3, line 8 after "(a)", insert ""Affected tribes" are those federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found, or those federally recognized tribes that submit to the department maps that reflect the tribe's geographical area of cultural affiliation.

(b)"

Renumber the remaining sections and correct internal references accordingly.

On page 3, line 29, after "liability" strike all material through "law" on line 32 and insert "arising under the provisions of this section provided the following criteria are met:

(i) The finding of the remains was based on inadvertent discovery;

(ii) The requirements of the subsection are otherwise met; and

(iii) The person is otherwise in compliance with applicable law"

On page 4, line 12, after "finding." strike all material through "affiliation" on line 15 and insert "The determination of what are appropriate local cemeteries to be notified is at the discretion of the department"

On page 4, line 30, after "(a)" insert ""Affected tribes" are those federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found, or those federally recognized tribes that submit to the department maps that reflect the tribe's geographical area of cultural affiliation.

(b)"

Renumber the remaining sections and correct internal references accordingly.

On page 5, line 14, after "liability" strike all material through "law" on line 17 and insert "arising under the provisions of this section provided the following criteria are met:

(i) The finding of the remains was based on inadvertent discovery;

(ii) The requirements of the subsection are otherwise met; and

(iii) The person is otherwise in compliance with applicable law"

On page 5, line 34, after "finding." strike all material through "affiliation" on line 37 and insert "The determination of what are appropriate local cemeteries to be notified is at the discretion of the department"

On page 6, line 15, after "(a)" insert ""Affected tribes" are those federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found, or those federally recognized tribes that submit to the department maps that reflect the tribe's geographical area of cultural affiliation.

(b)"

Renumber the remaining sections and correct internal references accordingly.

On page 9, at the beginning of line 5, strike "determination," and insert "determinations and"

On page 9, line 6, strike "reinterring" and insert "reinterrment of such remains"

On page 9, line 13, after "skeletal" insert "human"

On page 9, line 13, after "and" insert "other"

Representatives Hunt and Chandler spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

Representatives McCoy and Van De Wege spoke in favor of passage of the bill.

Representative Chandler spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 2624.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2624 and the bill passed the House by the following vote: Yeas - 63, Nays - 31, Absent - 0, Excused - 4.

Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schindler, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 63.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Haler, Hankins, Herrera, Hinkle, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Roach, Rodne, Ross, Schmick, Smith, Sump, Walsh and Warnick - 31.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2624, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2829, By Representatives Kelley, Williams, Eddy, Rolfes, Lantz, Liias, Linville, Upthegrove, Green, Anderson, Nelson, Morrell, Fromhold, Kenney, Darneille, McIntire, Kirby, Haigh, Simpson, Hasegawa, O'Brien and Ormsby; by request of Governor Gregoire

Expanding financial literacy through education and counseling to promote greater homeownership security.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 2829 was substituted for House Bill No. 2829 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2829 was read the second time.

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

Representatives Kelley and Roach spoke in favor of passage of the bill.

Representative Alexander spoke against the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 2829.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2829 and the bill passed the House by the following vote: Yeas - 73, Nays - 21, Absent - 0, Excused - 4.

Voting yea: Representatives Anderson, Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Herrera, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Santos, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Williams, Wood and Mr. Speaker - 73.

Voting nay: Representatives Ahern, Alexander, Armstrong, Bailey, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Kretz, Newhouse, Orcutt, Ross, Schindler, Schmick, Sump and Warnick - 21.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SECOND SUBSTITUTE HOUSE BILL NO. 2829, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3123, By Representatives Morrell, Cody, Roberts, Green and Ormsby

Establishing a process to identify best practices related to patient safety.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 3123 was substituted for House Bill No. 3123 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 3123 was read the second time.

Representative Morrell moved the adoption of amendment (1139):

On page 5, line 1, after "Sec. 6." strike everything through "void." on line 4 and insert "If specific funding for purposes of section 5 of this act, referencing section 5 of this act by section and bill or chapter number, is not provided by June 30, 2008, in the omnibus operating appropriations act, section 5 of this act is null and void."

Representatives Morrell and Hinkle spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 3123.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 3123 and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 93.

Voting nay: Representative Dunn - 1.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 3123, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2996, By Representatives Loomis, Dunshee, Simpson and Morrell

Requiring aversive agents in antifreeze products.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2996 was substituted for House Bill No. 2996 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2996 was read the second time.

Representative Loomis moved the adoption of amendment (1088):

On page 2, beginning on line 12, strike all of section 3

Renumber the remaining sections consecutively and correct any internal references accordingly.

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

The amendment was adopted. The bill was ordered engrossed.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2996.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2996 and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 93.

Voting nay: Representative Dunn - 1.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2996, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3180, By Representatives Ormsby, Green, Morrell, Liias, Dunn and Wood

Addressing housing reform policies to achieve greater efficiencies in housing investments.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 3180 was substituted for House Bill No. 3180 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 3180 was read the second time.

Representative Ormsby moved the adoption of amendment (1138):

On page 2, line 33, after "but" strike "inadequate" and insert "adequate"

On page 6, line 33, after "rental housing" strike "and" and insert "or"

On page 7, line 1, after "rental housing" strike "and" and insert "or"

On page 7, line 8, after "rental" strike "and" and insert "or"

On page 7, at the beginning of line 21, after "housing" strike "and" and insert "or"

On page 7, line 26, after "stop;" strike "and" and insert "or"

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

The amendment was adopted.

Representative Dunn moved the adoption of amendment (1156):

On page 5, line 15, after "applications" strike "submitted by nonprofit entities"

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

Representative Ormsby spoke against the adoption of the amendment.

The amendment was not adopted.

The bill was ordered engrossed.

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

Representatives Ormsby, Miloscia and Rolfes spoke in favor of passage of the bill.

Representatives Schindler, Armstrong, Hinkle and Dunn spoke against the passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 3180.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 3180 and the bill passed the House by the following vote: Yeas - 66, Nays - 28, Absent - 0, Excused - 4.

Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Ormsby, Pedersen, Pettigrew, Priest, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Williams, Wood and Mr. Speaker - 66.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Chandler, Condotta, Crouse, Dunn, Ericksen, Haler, Hankins, Herrera, Hinkle, Kretz, Kristiansen, McCune, McDonald, Orcutt, Pearson, Roach, Rodne, Ross, Schindler, Schmick, Smith, Sump and Warnick - 28.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 3180, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3216, By Representatives Seaquist, Morris, Upthegrove, Hudgins, Loomis, Kelley, Morrell, Van De Wege, Ericks, Hankins and Eddy

Developing wave and tidal energy technologies in Washington.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 3216 was substituted for House Bill No. 3216 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 3216 was read the second time.

Representative Seaquist moved the adoption of amendment (1100):

On page 3, line 3, after "and" strike the remainder of the section and insert "to explore mechanisms to streamline and make more efficient current permitting processes for wave and tidal power projects."

Representatives Seaquist and Crouse spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

Representatives Seaquist, Crouse and Anderson spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 3216.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 3216 and the bill passed the House by the following vote: Yeas - 91, Nays - 3, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 91.

Voting nay: Representatives Chandler, Dunn and Hinkle - 3.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 3216, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3259, By Representatives Hunter, Hudgins, Schual-Berke, Upthegrove and McIntire

Addressing the financing and operation of port districts.

The bill was read the second time.

There being no objection, Substitute House Bill No. 3259 was substituted for House Bill No. 3259 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3259 was read the second time.

Representative Jarrett moved the adoption of amendment (1171):

On page 4, beginning on line 10, strike all of section 3 and insert the following:

"NEW SECTION. Sec. 3. (1)(a) A task force on Washington port district finance and management, for port districts in counties with more than one million residents, is established, with members as provided in this subsection:

(i) The members of the finance committee of the house of representatives;

(ii) The members of the ways and means committee of the senate; and

(iii) Two members from the governor's policy staff, appointed by the governor.

(b) The task force shall choose its chair and cochairs from among its legislative membership. The chair of the finance committee of the house of representatives shall convene the initial meeting of the task force.

(2) The task force shall consult with individuals from the public and private sectors and other interested parties, as may be appropriate, for technical advice and assistance and may ask those individuals to establish advisory work groups that report to the task force.

(3) The task force shall examine the management of a port district in a county with more than one million residents. The duties of the task force shall include examinations of:

(a) Adopted financial management policies and tools employed by the district to monitor its performance;

(b) Stewardship practices employed by the district for existing funding sources and their uses, with a special emphasis on the imposition and use of property tax levies; and

(c) The structure and role of the district's commission in the establishment and measurement of the financial and operating performance of the district.

(4) The task force shall use legislative facilities, and staff support shall be provided by the house of representatives office of program research and senate committee services.

(5) Legislative members of the task force must be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

(6) The expenses of the task force shall be paid jointly by the house of representatives and the senate. Task force expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.

(7) The task force shall report its findings and recommendations to the governor and the appropriate committees of the house of representatives and the senate by December 1, 2010.

(8) This section expires May 1, 2011."

Representatives Jarrett, Conway and Condotta spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

Representatives Jarrett, Condotta and Hudgins spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 3259.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 3259 and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 93.

Voting nay: Representative Dunn - 1.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 3259, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2963, By Representatives Conway, Campbell, Chase, Hasegawa, Sullivan, Simpson, Seaquist, Appleton, Sells, Wood, Green, Blake, Ericks, Kenney, Williams, McIntire, Pettigrew, Kirby, Moeller, Fromhold, Hunt, Van De Wege, Ormsby and Hudgins

Authorizing collective bargaining for Washington State University employees who are enrolled in academic programs.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2963 was substituted for House Bill No. 2963 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2963 was read the second time.

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

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

Representatives Condotta, Chandler and Anderson spoke against the passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2963.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2963 and the bill passed the House by the following vote: Yeas - 62, Nays - 32, Absent - 0, Excused - 4.

Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 62.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SUBSTITUTE HOUSE BILL NO. 2963, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3274, By Representatives Simpson, Hudgins, Upthegrove, Hunter, Santos and Kenney

Addressing public contracting by public port districts.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 3274 was substituted for House Bill No. 3274 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 3274 was read the second time.

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

Representatives Simpson, Warnick and Hudgins spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 3274.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 3274 and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 93.

Voting nay: Representative Dunn - 1.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SECOND SUBSTITUTE HOUSE BILL NO. 3274, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3275, By Representatives Linville, Ericksen, Morris and McIntire

Revising the taxation of grocery distribution cooperatives.

The bill was read the second time.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Bill No. 3275.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 3275 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

HOUSE BILL NO. 3275, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3283, By Representatives Herrera, Takko, Orcutt, Hurst, Eddy, Sump, Ericks, Fromhold, McCoy, Hudgins, Kelley, Kessler, Dunn, Ormsby, Linville, Roach and McCune

Relieving active duty military personnel of interest and penalties on delinquent excise taxes.

The bill was read the second time.

There being no objection, Substitute House Bill No. 3283 was substituted for House Bill No. 3283 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3283 was read the second time.

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

Representatives Herrera and Hasegawa spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 3283.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 3283 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SUBSTITUTE HOUSE BILL NO. 3283, having received the necessary constitutional majority, was declared passed.

POINT OF PERSONAL PRIVILEGE

Representative Newhouse congratulated Representative Herrera on the passage of her first bill through the House, and asked the Chamber to acknowledge her accomplishment.

SECOND READING

HOUSE BILL NO. 3349, By Representatives Ericks, Eddy, Kelley, Conway, Springer and Rolfes

Providing a review of the need for residential contractor licensing.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 3349 was substituted for House Bill No. 3349 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 3349 was read the second time.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 3349.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 3349 and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 0, Excused - 4.

Voting nay: Representative Williams - 1.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SECOND SUBSTITUTE HOUSE BILL NO. 3349, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2650, By Representatives Santos, Ericks, Hunter and Wood; by request of Department of Revenue

Authorizing a cigarette tax agreement between the state of Washington and the Yakama Nation.

The bill was read the second time.

Representative Chandler moved the adoption of amendment (1117):

On page 2, line 37, after "(a)" strike "The" and insert "(i) Until one year after the effective date of this section, the"

On page 3, line 3, strike "(i)" and insert "(A)"

On page 3, line 4, strike "(ii)" and insert "(B)"

On page 3, line 5, strike "(iii)" and insert "(C)"

On page 3, after line 5, insert the following:

"(ii) Beginning one year after the effective date of this section, the rate of tax will be expressed in dollars and cents and must be one hundred percent of the tax imposed by the state under chapter 82.24 RCW for the period of the agreement."

On page 3, line 17, after "(a)" insert "(i)"

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

Representative Hunter spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Chandler moved the adoption of amendment (1116):

On page 3, line 19, after "(8)" strike "The revenue" and insert "The agreement must include a provision requiring the tribe to transmit thirty percent of the tribal tax revenue on all cigarette sales to the state. The funds shall be transmitted to the state treasurer on a quarterly basis for deposit by the state treasurer into the general fund. The remaining revenue"

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

Representative Hunter spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Chandler moved the adoption of amendment (1165):

On page 4, after line 31, insert the following:

"(17) The governor may not directly or indirectly accept a contribution from the Yakama Nation during any period of negotiation under this section and for the four years subsequent to the date the governor and Yakama Nation reach agreement under this section."

POINT OF ORDER

Representative Springer requested a scope and object ruling on the amendment (1165) to House Bill No. 2650.

SPEAKER'S RULING

Mr. Speaker (Representative Morris presiding): "House Bill No. 2650 is titled An Act Relating to authorizing a cigarette tax agreement between the State of Washington and the Yakama Nation". The bill simply permits the Governor to enter into an agreement with the Yakama Nation that provides for a tribal tax on cigarettes that phases up to 87.6 percent of the state cigarette tax rate.

Amendment (1165) prohibits the Governor from accepting contributions, campaign or otherwise, during any period of negotiation and the subsequent four years to any agreement.

The underlying bill is drafted narrowly to accomplish one specific purpose. The restrictions imposed by the amendment amount to changes in substantive law. These changes well exceed the purpose of the bill.

Representative Springer, your point of order is well taken."

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

Representative Santos spoke in favor of passage of the bill.

Representative Chandler spoke against the passage of the bill.

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

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2650 and the bill passed the House by the following vote: Yeas - 64, Nays - 30, Absent - 0, Excused - 4.

Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 64.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Chandler, Condotta, Crouse, DeBolt, Ericksen, Haler, Hankins, Herrera, Hinkle, Kretz, Kristiansen, McCune, McDonald, Orcutt, Pearson, Priest, Roach, Rodne, Ross, Schindler, Schmick, Smith, Sump, Walsh and Warnick - 30.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

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

THIRD READING

SECOND SUBSTITUTE HOUSE BILL NO. 2537, By House Committee on Appropriations (originally sponsored by Representatives Cody, Hasegawa, Kenney, Morrell, Green and Loomis)

Modifications to the health insurance partnership act.

The bill was read the third time.

Representatives Cody, Linville, Green and Cody (again) spoke in favor of passage of the bill.

Representatives Hinkle, Condotta, Warnick, Ericksen, Ahern, Schindler, Bailey and Hinkle spoke against the passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 2537.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2537 and the bill passed the House by the following vote: Yeas - 55, Nays - 38, Absent - 0, Excused - 4, Not Voting - 1.

Voting yea: Representatives Appleton, Barlow, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 55.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Blake, Chandler, Condotta, Crouse, DeBolt, Ericksen, Grant, Haler, Hankins, Herrera, Hinkle, Hurst, Kelley, Kessler, Kretz, Kristiansen, McCune, McDonald, Newhouse, O'Brien, Orcutt, Pearson, Priest, Roach, Rodne, Ross, Schindler, Schmick, Smith, Sump, Takko, Walsh and Warnick - 38.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SECOND SUBSTITUTE HOUSE BILL NO. 2537, having received the necessary constitutional majority, was declared passed.

RECONSIDERATION

There being no objection, the House immediately reconsidered the vote by which SECOND SUBSTITUTE HOUSE BILL NO. 2537 passed the House.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 2537 on reconsideration.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2537 on reconsideration, and the bill passed the House by the following vote: Yeas - 54, Nays - 40, Absent - 0, Excused - 4.

Voting yea: Representatives Appleton, Barlow, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Ericks, Fromhold, Goodman, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 54.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Blake, Chandler, Condotta, Crouse, DeBolt, Dunn, Eickmeyer, Ericksen, Grant, Haler, Hankins, Herrera, Hinkle, Hurst, Kelley, Kessler, Kretz, Kristiansen, McCune, McDonald, Newhouse, O'Brien, Orcutt, Pearson, Priest, Roach, Rodne, Ross, Schindler, Schmick, Smith, Sump, Takko, Walsh and Warnick - 40.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SECOND SUBSTITUTE HOUSE BILL NO. 2537, on reconsideration, having received the necessary constitutional majority, was declared passed.

MESSAGES FROM THE SENATE

February 15, 2008

Mr. Speaker:

The Senate has passed:

SENATE BILL NO. 5319,

SUBSTITUTE SENATE BILL NO. 5869,

SENATE BILL NO. 6187,

SENATE BILL NO. 6369,

SUBSTITUTE SENATE BILL NO. 6395,

SENATE BILL NO. 6398,

SUBSTITUTE SENATE BILL NO. 6404,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6488,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6546,

SUBSTITUTE SENATE BILL NO. 6548,

SUBSTITUTE SENATE BILL NO. 6572,

SUBSTITUTE SENATE BILL NO. 6583,

SUBSTITUTE SENATE BILL NO. 6596,

SUBSTITUTE SENATE BILL NO. 6600,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6665,

SUBSTITUTE SENATE BILL NO. 6675,

SUBSTITUTE SENATE BILL NO. 6742,

SUBSTITUTE SENATE BILL NO. 6743,

SUBSTITUTE SENATE BILL NO. 6790,

SUBSTITUTE SENATE BILL NO. 6791,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6792,

SUBSTITUTE SENATE BILL NO. 6804,

SENATE BILL NO. 6837,

and the same are herewith transmitted.

Thomas Hoemann, Secretary

February 15, 2009

Mr. Speaker:

The Senate has passed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5456,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5831,

SECOND SUBSTITUTE SENATE BILL NO. 6222,

SENATE BILL NO. 6275,

SECOND SUBSTITUTE SENATE BILL NO. 6479,

SECOND SUBSTITUTE SENATE BILL NO. 6483,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6532,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6606,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6644,

SUBSTITUTE SENATE BILL NO. 6765,

SUBSTITUTE SENATE BILL NO. 6807,

SENATE BILL NO. 6885,

and the same are herewith transmitted.

Thomas Hoemann, Secretary

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

SECOND READING

HOUSE BILL NO. 2639, By Representatives Takko, Kretz, Blake, Condotta, Van De Wege and Haler

Regarding the procurement of renewable resources.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2639 was substituted for House Bill No. 2639 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2639 was read the second time.

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

Representatives Takko and Crouse spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2639.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2639 and the bill passed the House by the following vote: Yeas - 92, Nays - 2, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 92.

Voting nay: Representatives Chandler and Dunn - 2.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SUBSTITUTE HOUSE BILL NO. 2639, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2764, By Representatives O'Brien, Pearson, Dickerson, Loomis, Hurst, Morrell, Sullivan, Kenney, McDonald, Hudgins and Kelley; by request of Department of Corrections

Adding domestic violence court order violation to the list of offenses eligible for notification.

The bill was read the second time.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Bill No. 2764.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2764 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

HOUSE BILL NO. 2764, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1545, By Representatives Kirby, Ericks and Ormsby

Providing industrial insurance benefits for life for the surviving spouses of law enforcement officers.

The bill was read the second time.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Bill No. 1545.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1545 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

HOUSE BILL NO. 1545, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1775, By Representatives Hinkle, Pettigrew, Kretz, Grant, Armstrong, Pearson, Strow, Sump, Warnick and Blake

Regarding crimes against livestock belonging to another person.

The bill was read the second time.

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

Representatives Hinkle, Lantz and Kretz spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Bill No. 1775.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1775 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

HOUSE BILL NO. 1775, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2134, By Representatives Van De Wege, Linville, Grant, Walsh, Kenney, Curtis, Moeller, Conway, Fromhold, Seaquist, Sullivan, Hinkle, Ericks, Upthegrove, Schual-Berke, Hurst, Sells, Lovick, Williams, Campbell, Chase, Quall, Simpson, Hasegawa, Santos, Goodman, Haler, Ormsby and Kelley

Authorizing port district fire fighter membership in the law enforcement officers' and fire fighters' retirement system plan 2.

The bill was read the second time.

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

Representatives Van De Wege and Chandler spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Bill No. 2134.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2134 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

HOUSE BILL NO. 2134, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2836, By Representatives Williams, Dickerson, Upthegrove, Rodne, Simpson, Dunshee, Morrell, Haigh and Ormsby

Protecting animals from perpetrators of domestic violence.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2836 was substituted for House Bill No. 2836 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2836 was read the second time.

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

Representatives Williams and Rodne spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2836.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2836 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SUBSTITUTE HOUSE BILL NO. 2836, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2985, By Representatives Liias, Ericks, Ormsby, Appleton, Hunt, O'Brien, Loomis, Pettigrew, Kagi, Blake, Simpson and Chase

Establishing local public works assistance funds.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Community & Economic Development & Trade was adopted. (For Committee amendment, see Journal, 23rd Day, February 5, 2008.)

The bill was ordered engrossed.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 2985.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2985 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED HOUSE BILL NO. 2985, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2344, By Representatives Wallace, Rodne, Hunter and Kenney

Preserving rail corridors.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 2344 was substituted for House Bill No. 2344 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2344 was read the second time.

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

Representatives Wallace and Rodne spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 2344.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2344 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SECOND SUBSTITUTE HOUSE BILL NO. 2344, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2485, By Representatives Fromhold, Orcutt, Wallace, Moeller, Dunn, Blake and McIntire

Modifying definitions applicable to local infrastructure financing tool program demonstration projects.

The bill was read the second time.

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

Representatives Fromhold and Orcutt spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Bill No. 2485.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2485 and the bill passed the House by the following vote: Yeas - 92, Nays - 2, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chandler, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 92.

Voting nay: Representatives Chase and Santos - 2.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

HOUSE BILL NO. 2485, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2507, By Representatives O'Brien, Ormsby, Hurst, Goodman, Van De Wege, Liias, Barlow, Green, Kelley, Warnick and Simpson

Expanding the statewide first responder building mapping information system to higher education facilities.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 2507 was substituted for House Bill No. 2507 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2507 was read the second time.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 2507.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2507 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SECOND SUBSTITUTE HOUSE BILL NO. 2507, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2514, By Representatives Quall, Appleton, McCoy, Morris, McIntire, Nelson, Kagi and Upthegrove

Protecting orca whales from the impacts from vessels.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 2514 was substituted for House Bill No. 2514 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2514 was read the second time.

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

Representative Quall spoke in favor of passage of the bill.

Representatives Kretz, Armstrong and Ericksen spoke against the passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 2514.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2514 and the bill passed the House by the following vote: Yeas - 67, Nays - 27, Absent - 0, Excused - 4.

Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Haigh, Hankins, Hasegawa, Herrera, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Priest, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Williams, Wood and Mr. Speaker - 67.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Haler, Hinkle, Hurst, Kretz, Kristiansen, McCune, Newhouse, Orcutt, Pearson, Roach, Rodne, Ross, Schindler, Schmick, Sump and Warnick - 27.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SECOND SUBSTITUTE HOUSE BILL NO. 2514, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2893, By Representatives Van De Wege, Kessler, Moeller, Sells, Hunt, Takko, McCoy, Liias, Conway, Haigh, Blake, Ormsby, Loomis, O'Brien, Eickmeyer, Hasegawa, Green, Pearson and Nelson

Modifying the composition of the forest practices board.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2893 was substituted for House Bill No. 2893 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2893 was read the second time.

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

Representatives Van De Wege and Orcutt spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2893.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2893 and the bill passed the House by the following vote: Yeas - 90, Nays - 4, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hurst, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 90.

Voting nay: Representatives Hunter, Jarrett, Rolfes and Upthegrove - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SUBSTITUTE HOUSE BILL NO. 2893, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3129, By Representatives Schmick, Anderson, Quall, Simpson and Ormsby

Regarding online learning programs for high school students to earn college credit.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 3129 was substituted for House Bill No. 3129 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 3129 was read the second time.

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

Representatives Schmick and Quall spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 3129.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 3129 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SECOND SUBSTITUTE HOUSE BILL NO. 3129, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3183, By Representatives McDonald, Flannigan and Dunn

Exempting park maintenance equipment operated by certain local jurisdictions from vehicle license and license plate requirements.

The bill was read the second time.

There being no objection, Substitute House Bill No. 3183 was substituted for House Bill No. 3183 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3183 was read the second time.

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

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

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

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 3183 and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chandler, Chase, Clibborn, Cody, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 93.

Voting nay: Representative Condotta - 1.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

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

HOUSE BILL NO. 3227, By Representatives Eickmeyer, Sump, Chase, Quall, Hasegawa, Appleton, Simpson, Haigh, Wallace, Dickerson, Takko, Conway, Pedersen, Kagi, Armstrong, Priest, Walsh, Hinkle, Condotta, McCoy, Roberts, Morris, Hudgins, Rolfes, Lantz, Schual-Berke, Morrell, Campbell, Sells, Sullivan, Kenney and Linville

Protecting the water quality in Hood Canal.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 3227 was substituted for House Bill No. 3227 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 3227 was read the second time.

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

Representatives Eickmeyer and Sump spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Second Substitute House Bill No. 3227.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 3227 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SECOND SUBSTITUTE HOUSE BILL NO. 3227, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1773, By Representatives Clibborn and Jarrett

Regarding the imposition of tolls.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 1773 was substituted for House Bill No. 1773 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 1773 was read the second time.

Representative Rodne moved the adoption of amendment (1095):

On page 3, beginning on line 8, strike everything through "goods;" on line 9

Renumber the remaining subsections consecutively and correct any internal references accordingly.

On page 3, after line 10, insert the following:

"(3) All revenue from an eligible toll facility must be used only for highway purposes consistent with Article II, section 40 of the state Constitution."

Representatives Rodne and Ericksen spoke in favor of the adoption of the amendment.

Representative Clibborn spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Clibborn moved the adoption of amendment (1085):

On page 4, line 4, strike "should" and insert "may"

Representatives Clibborn and Ericksen spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Dunn moved the adoption of amendment (1074):

On page 4, after line 25, insert the following:

"(b) establish discounts for individuals who utilize tolled facilities in order to access a place of employment; and"

Renumber the remaining subsection consecutively and correct any internal references accordingly.

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

Representative Darneille spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Schindler moved the adoption of amendment (1096):

On page 5, line 8, after "(4)" strike all material through "system" on line 13 and insert the following:

"Toll rates on an eligible toll facility must be set at a uniform and consistent rate and generate sufficient revenue to provide its proportionate share of funding contributions for projects identified by the legislature along the eligible toll facility. This subsection does not apply to eligible toll facilities identified as high-occupancy toll lanes. For the purposes of this subsection, "high-occupancy toll lane" means one or more high-occupancy vehicle lanes of a highway that charges tolls as a means of regulating access to or the use of the facility to maintain travel speed and reliability"

Representatives Schindler, Ericksen, Jarrett, Smith and Orcutt spoke in favor of the adoption of the amendment.

Representative Clibborn spoke against the adoption of the amendment.

The amendment was not adopted.

POINT OF ORDER

Representative Springer: "Mr. Speaker, I would like you to remind the members that in their deliveries they should not impugn the character or the motives of any of the other members in the intent of the legislation."

SPEAKER'S RULING

Mr. Speaker (Representative Morris presiding): "The Speaker would like to remind all members that terms like disingenuous and other terms of that ilk should not be used on the House floor in reference to anyone else on the House floor. The Speaker would request that you remember that in future speeches."

POINT OF ORDER

Representative Sump: "If I heard the good gentleman correctly he directed you to perform a task, Mr. Speaker. When we bring a point of order before you, it is for your consideration. Thank you."

SPEAKER'S RULING

Mr. Speaker (Representative Morris presiding): "Thank you and your point is well taken."

Representative Clibborn moved the adoption of amendment (1086):

On page 18, after line 9, insert the following:

"NEW SECTION. Sec. 23. A new section is added to chapter 47.56 RCW to read as follows:

The toll collection account is created in the state treasury. All receipts from prepaid customer tolls must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to refund customers' prepaid tolls or for distributions into the appropriate toll facility account under this chapter.

Sec. 24. RCW 43.84.092 and 2007 c 514 s 3 and 2007 c 356 s 9 are each reenacted and amended to read as follows:

(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the Columbia river basin water supply development account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the education legacy trust account, the election account, the emergency reserve fund, the energy freedom account, The Evergreen State College capital projects account, the federal forest revolving account, the freight congestion relief account, the freight mobility investment account, the freight mobility multimodal account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the high-occupancy toll lanes operations account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup tribal settlement account, the real estate appraiser commission account, the regional mobility grant program account, the resource management cost account, the rural Washington loan fund, the site closure account, the small city pavement and sidewalk account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the toll collection account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer firefighters' and reserve officers' relief and pension principal fund, the volunteer firefighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and firefighters' system plan 1 retirement account, the Washington law enforcement officers' and firefighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

Sec. 25. RCW 43.84.092 and 2007 c 514 s 3, 2007 c 484 s 4, and 2007 c 356 s 9 are each reenacted and amended to read as follows:

(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The budget stabilization account, the capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the Columbia river basin water supply development account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the education legacy trust account, the election account, the energy freedom account, The Evergreen State College capital projects account, the federal forest revolving account, the freight congestion relief account, the freight mobility investment account, the freight mobility multimodal account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the high-occupancy toll lanes operations account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup tribal settlement account, the real estate appraiser commission account, the regional mobility grant program account, the resource management cost account, the rural Washington loan fund, the site closure account, the small city pavement and sidewalk account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the toll collection account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer firefighters' and reserve officers' relief and pension principal fund, the volunteer firefighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and firefighters' system plan 1 retirement account, the Washington law enforcement officers' and firefighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

Sec. 26. RCW 43.84.092 and 2007 c 514 s 3, 2007 c 513 s 1, 2007 c 484 s 4, and 2007 c 356 s 9 are each reenacted and amended to read as follows:

(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the budget stabilization account, the capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the Columbia river basin water supply development account, the common school construction fund, the county arterial preservation account, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of licensing services account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the education legacy trust account, the election account, the energy freedom account, the essential rail assistance account, The Evergreen State College capital projects account, the federal forest revolving account, the ferry bond retirement fund, the freight congestion relief account, the freight mobility investment account, the freight mobility multimodal account, the grade crossing protective fund, the health services account, the public health services account, the health system capacity account, the personal health services account, the high capacity transportation account, the state higher education construction account, the higher education construction account, the highway bond retirement fund, the highway infrastructure account, the highway safety account, the high-occupancy toll lanes operations account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the motor vehicle fund, the motorcycle safety education account, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the pilotage account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public transportation systems account, the public works assistance account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the Puyallup tribal settlement account, the real estate appraiser commission account, the recreational vehicle account, the regional mobility grant program account, the resource management cost account, the rural arterial trust account, the rural Washington loan fund, the safety and education account, the site closure account, the small city pavement and sidewalk account, the special category C account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the state patrol highway account, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the toll collection account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the urban arterial trust account, the volunteer firefighters' and reserve officers' relief and pension principal fund, the volunteer firefighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and firefighters' system plan 1 retirement account, the Washington law enforcement officers' and firefighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

NEW SECTION. Sec. 27. (1) Section 25 of this act takes effect July 1, 2008.

(2) Section 26 of this act takes effect July 1, 2009.

NEW SECTION. Sec. 28. (1) Section 24 of this act expires July 1, 2008.

(2) Section 25 of this act expires July 1, 2009."

Renumber the remaining section consecutively and correct the title.

Representatives Clibborn and Ericksen spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Ericksen moved the adoption of amendment (1094):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 47.56 RCW to read as follows:

(1) Only the legislature may authorize the imposition of tolls on eligible toll facilities on state routes. For the purposes of this section, "eligible toll facilities" means portions of the state highway system specifically identified by the legislature including state routes, interstate highways, and highways of statewide significance.

(2) All revenue from an eligible toll facility must be used only to improve, preserve, maintain, or operate the eligible toll facility on or in which the revenue is collected. Expenditures of toll revenues are subject to appropriation.

(3) All revenue from an eligible toll facility must be used only for highway purposes consistent with Article II, section 40 of the state Constitution.

(4) Toll rates on an eligible toll facility must be set at a uniform and consistent rate and generate sufficient revenue to provide its proportionate share of funding contributions for projects identified by the legislature along the eligible toll facility. This subsection does not apply to eligible toll facilities identified as high-occupancy toll lanes. For the purposes of this subsection, "high-occupancy toll lane" means one or more high-occupancy vehicle lanes of a highway that charges tolls as a means of regulating access to or the use of the facility to maintain travel speed and reliability."

Correct the title.

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

Representative Clibborn spoke against the adoption of the amendment.

An electronic roll call was requested.

The Speaker (Representative Morris presiding) stated the question before the House to be the adoption of amendment (1094) to Engrossed Second Substitute House Bill No. 1773.

ROLL CALL

The Clerk called the roll on the adoption of amendment (1094) to Engrossed Second Substitute House Bill No. 1773, and the amendment was not adopted by the following vote: Yeas - 34, Nays - 60, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Haler, Hankins, Herrera, Hinkle, Hurst, Kelley, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Roach, Rodne, Ross, Schindler, Schmick, Smith, Sump, Walsh and Warnick - 34.

Voting nay: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 60.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

The bill was ordered engrossed.

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

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

Representative Ericksen and Anderson spoke against the passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 1773.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1773 and the bill passed the House by the following vote: Yeas - 59, Nays - 35, Absent - 0, Excused - 4.

Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Williams, Wood and Mr. Speaker - 59.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hurst, Kelley, Kretz, Kristiansen, McCune, McDonald, Miloscia, Newhouse, Orcutt, Pearson, Priest, Roach, Rodne, Ross, Schindler, Schmick, Smith, Sump and Warnick - 35.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1773, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3051, By Representatives Seaquist, Lantz, Clibborn, Hunter, Liias, Rolfes and Green

Concerning sales and use tax on transportation projects.

The bill was read the second time.

There being no objection, Substitute House Bill No. 3051 was substituted for House Bill No. 3051 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3051 was read the second time.

Representative Orcutt moved the adoption of amendment (1141):

On page 2, beginning on line 8, strike all of subsection (4)

Renumber the remaining subsections consecutively

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

Representative Hunter spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Hunter moved the adoption of amendment (1183):

On page 2, beginning on line 8, strike all of subsection (4)

Renumber the remaining subsections consecutively

On page 3, beginning on line 23, strike all of subsection (7) and insert the following:

"(7) The revenue collected under this section for the repayment of taxes imposed under chapters 82.08 and 82.12 RCW, less any credits allowed for local sales and use taxes, shall be transferred to the Tacoma Narrows toll bridge account created in RCW 47.56.165."

On page 4, after line 12, insert the following:

"NEW SECTION. Sec. 4. A new section is added to chapter 43.135 RCW to read as follows:

RCW 43.135.035(4) does not apply to the transfers established in section 1 of this act or RCW 47.46.060."

Correct the title

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

Representative Orcutt spoke against the adoption of the amendment.

The amendment was adopted.

With the consent of the House, amendment (1146) was withdrawn.

The bill was ordered engrossed.

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

Representatives Seaquist, Orcutt, Hunter, Alexander, Ericksen, Schindler and Ahern spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 3051.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 3051 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 3051, having received the necessary constitutional majority, was declared passed.

RECONSIDERATION

On motion of Representative Hinkle, the House immediately reconsidered the vote by which SUBSTITUTE HOUSE BILL NO. 3183 passed the House.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 3183 on reconsideration.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 3183 on reconsideration, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SUBSTITUTE HOUSE BILL NO. 3183, on reconsideration, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3205, By Representatives Jarrett, Walsh, Kagi, Roberts, Hunter, Sullivan, Green, Kelley, Morrell, Chase, McIntire, Seaquist and Kenney

Promoting the long-term well-being of children.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 3205 was substituted for House Bill No. 3205 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 3205 was read the second time.

With the consent of the House, amendment (1104) was withdrawn.

Representative Jarrett moved the adoption of amendment (1123):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that meeting the needs of vulnerable children who enter the child welfare system requires a continuum of services available to meet the child's current needs and to promote and support the child's long-term well-being. Children who enter foster care and subsequently achieve permanency through adoption will have ongoing developmental needs relating, in part, to the length of time they spent in care. The legislature intends to encourage a greater focus on children's developmental needs by promoting closer adherence to timeliness standards in the resolution of dependency cases and by elevating the importance of permanency for children.

Sec. 2. RCW 13.34.136 and 2007 c 413 s 7 are each amended to read as follows:

(1) A permanency plan shall be developed no later than sixty days from the time the supervising agency assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent's home.

(2) The agency supervising the dependency shall submit a written permanency plan to all parties and the court not less than fourteen days prior to the scheduled hearing. Responsive reports of parties not in agreement with the supervising agency's proposed permanency plan must be provided to the supervising agency, all other parties, and the court at least seven days prior to the hearing.

The permanency plan shall include:

(a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; successful completion of a responsible living skills program; or independent living, if appropriate and if the child is age sixteen or older. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW;

(b) Unless the court has ordered, pursuant to RCW 13.34.130(((4))) (5), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, what steps the agency will take to promote existing appropriate sibling relationships and/or facilitate placement together or contact in accordance with the best interests of each child, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

(i) The agency plan shall specify what services the parents will be offered to enable them to resume custody, what requirements the parents must meet to resume custody, and a time limit for each service plan and parental requirement.

(ii) Visitation is the right of the family, including the child and the parent, in cases in which visitation is in the best interest of the child. Early, consistent, and frequent visitation is crucial for maintaining parent-child relationships and making it possible for parents and children to safely reunify. The agency shall encourage the maximum parent and child and sibling contact possible, when it is in the best interest of the child, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation shall not be limited as a sanction for a parent's failure to comply with court orders or services where the health, safety, or welfare of the child is not at risk as a result of the visitation. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare. The court and the agency should rely upon community resources, relatives, foster parents, and other appropriate persons to provide transportation and supervision for visitation to the extent that such resources are available, and appropriate, and the child's safety would not be compromised.

(iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

(iv) The plan shall state whether both in-state and, where appropriate, out-of-state placement options have been considered by the department.

(v) Unless it is not in the best interests of the child, whenever practical, the plan should ensure the child remains enrolled in the school the child was attending at the time the child entered foster care.

(vi) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department has existing contracts to purchase. It shall report to the court if it is unable to provide such services; and

(c) If the court has ordered, pursuant to RCW 13.34.130(((4))) (5), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents if the court orders a termination petition be filed. However, reasonable efforts to ensure visitation and contact between siblings shall be made unless there is reasonable cause to believe the best interests of the child or siblings would be jeopardized.

(3) Permanency planning goals should be achieved at the earliest possible date, ((preferably before)). If the child has been in out-of-home care for fifteen of the most recent twenty-two months, the court shall require the filing of a petition seeking termination of parental rights in accordance with RCW 13.34.145(2). In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.

(4) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.

(5) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.

(6) The court shall consider the child's relationships with the child's siblings in accordance with RCW 13.34.130(3).

(7) For purposes related to permanency planning:

(a) "Guardianship" means a dependency guardianship or a legal guardianship pursuant to chapter 11.88 RCW or equivalent laws of another state or a federally recognized Indian tribe.

(b) "Permanent custody order" means a custody order entered pursuant to chapter 26.10 RCW.

(c) "Permanent legal custody" means legal custody pursuant to chapter 26.10 RCW or equivalent laws of another state or a federally recognized Indian tribe.

Sec. 3. RCW 13.34.145 and 2007 c 413 s 9 are each amended to read as follows:

(1) The purpose of a permanency planning hearing is to review the permanency plan for the child, inquire into the welfare of the child and progress of the case, and reach decisions regarding the permanent placement of the child.

(a) A permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree, guardianship order, or permanent custody order has not previously been entered. The hearing shall take place no later than twelve months following commencement of the current placement episode.

(b) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than twelve months, as provided in this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree, guardianship order, or a permanent custody order is entered, or the dependency is dismissed.

(c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for fifteen months. In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.

(2) When a child has been in out-of-home care for fifteen of the most recent twenty-two months, the court shall require the filing of a petition seeking termination of parental rights. The court may make a good cause written finding as to why filing a petition for termination of parental rights is not appropriate at this time. Any such good cause finding shall be reviewed at all subsequent motion and review hearings pertaining to the child.

(3) No later than ten working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.

(((3))) (4) At the permanency planning hearing, the court shall conduct the following inquiry:

(a) If a goal of long-term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate.

(b) In cases where the primary permanency planning goal has not been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal. The court shall review the permanency plan prepared by the agency and make explicit findings regarding each of the following:

(i) The continuing necessity for, and the safety and appropriateness of, the placement;

(ii) The extent of compliance with the permanency plan by the agency and any other service providers, the child's parents, the child, and the child's guardian, if any;

(iii) The extent of any efforts to involve appropriate service providers in addition to agency staff in planning to meet the special needs of the child and the child's parents;

(iv) The progress toward eliminating the causes for the child's placement outside of his or her home and toward returning the child safely to his or her home or obtaining a permanent placement for the child;

(v) The date by which it is likely that the child will be returned to his or her home or placed for adoption, with a guardian or in some other alternative permanent placement; and

(vi) If the child has been placed outside of his or her home for fifteen of the most recent twenty-two months, not including any period during which the child was a runaway from the out-of-home placement or the first six months of any period during which the child was returned to his or her home for a trial home visit, the appropriateness of the permanency plan, whether reasonable efforts were made by the agency to achieve the goal of the permanency plan, and the circumstances which prevent the child from any of the following:

(A) Being returned safely to his or her home;

(B) Having a petition for the involuntary termination of parental rights filed on behalf of the child;

(D) Being placed with a guardian;

(E) Being placed in the home of a fit and willing relative of the child; or

(F) Being placed in some other alternative permanent placement, including independent living or long-term foster care.

(c)(i) If the permanency plan identifies independent living as a goal, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial, personal, social, educational, and nonfinancial affairs prior to approving independent living as a permanency plan of care.

(ii) The permanency plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living.

(iii) The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

(d) If the child has resided in the home of a foster parent or relative for more than six months prior to the permanency planning hearing, the court shall also enter a finding regarding whether the foster parent or relative was informed of the hearing as required in RCW 74.13.280 ((and 13.34.138)), 13.34.215(5), and 13.34.096.

(((4))) (5) In all cases, at the permanency planning hearing, the court shall:

(a)(i) Order the permanency plan prepared by the agency to be implemented; or

(ii) Modify the permanency plan, and order implementation of the modified plan; and

(b)(i) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists; or

(ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.

(((5))) (6) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.

(((6))) (7) Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.

(((7))) (8) If the court orders the child returned home, casework supervision shall continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.138, and the court shall determine the need for continued intervention.

(((8))) (9) The juvenile court may hear a petition for permanent legal custody when: (a) The court has ordered implementation of a permanency plan that includes permanent legal custody; and (b) the party pursuing the permanent legal custody is the party identified in the permanency plan as the prospective legal custodian. During the pendency of such proceeding, the court shall conduct review hearings and further permanency planning hearings as provided in this chapter. At the conclusion of the legal guardianship or permanent legal custody proceeding, a juvenile court hearing shall be held for the purpose of determining whether dependency should be dismissed. If a guardianship or permanent custody order has been entered, the dependency shall be dismissed.

(((9))) (10) Continued juvenile court jurisdiction under this chapter shall not be a barrier to the entry of an order establishing a legal guardianship or permanent legal custody when the requirements of subsection (((8))) (9) of this section are met.

(((10))) (11) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the agency requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.

(((11))) (12) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the supervising agency of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights. The court shall consider the child's relationships with siblings in accordance with RCW 13.34.130.

(((12))) (13) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.

Sec. 4. RCW 13.34.020 and 1998 c 314 s 1 are each amended to read as follows:

The legislature declares that the family unit is a fundamental resource of American life which should be nurtured. Toward the continuance of this principle, the legislature declares that the family unit should remain intact unless a child's right to conditions of basic nurture, health, or safety is jeopardized. When the rights of basic nurture, physical and mental health, and safety of the child and the legal rights of the parents are in conflict, the rights and safety of the child should prevail. In making reasonable efforts under this chapter, the child's health ((and)), safety, and long-term well-being shall be the paramount concern. The right of a child to basic nurturing includes the right to a safe, stable, and permanent home and a speedy resolution of any proceeding under this chapter.

NEW SECTION. Sec. 5. Subject to the availability of funds appropriated for this purpose, the department shall contract for an information and referral services provider to support families with children adopted out of foster care. The contract shall include components for statewide support of families who may be seeking adoption-specific resources and information, including referrals for individual or family counseling, support groups, or community services; and relevant training programs. The information and referrals must be provided by an entity knowledgeable and experienced in adoption issues. The contract shall specify that the service provider must serve as the central point of contact for Washington families seeking adoption-related information and referral services. The department also shall develop a simple process for voluntary sharing of contact information for adoptive parents for the purpose of facilitating periodic surveys by the contracted information and referral services provider about the service and support needs of families who have adopted children from foster care.

NEW SECTION. Sec. 6. (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Adopted" means that a valid decree of the adoption regarding the child and parent was entered and remains intact in Washington or in another jurisdiction.

(b) "Child" means any child under the age of eighteen who was found to be dependent, placed in out-of-home care, and subsequently was adopted from an out-of-home placement.

(c) "Licensed facility" means a facility licensed under chapter 74.15 RCW to provide residential evaluation and treatment services for children.

(d) "Parent" means the adoptive and legal parent of a child according to the terms of a valid decree of the adoption, or the legal guardian of an adopted child.

(e) "Voluntary placement agreement" means a written agreement between the department and a child's parent authorizing the department to place the child in a licensed facility for the purpose of receiving mental health or behavioral health treatment intended to stabilize the child's functioning and support the child's return home. Under the terms of a voluntary placement agreement, the parent retains legal custody of the child while the department temporarily assumes responsibility for the child's placement and care.

(2) A parent may request and the department may agree to enter into a voluntary placement agreement whenever the following conditions are met:

(a) The child resides in Washington state;

(b) Less intensive and traditional family preservation services, community resources, and/or adoption supports have been unsuccessful or are not likely to be successful in stabilizing the child's behavior and functioning; and

(c) The parent has no reasonable alternative to access the level of care necessary to meet the child's needs and preserve the adoption.

(3)(a) Whenever the department assumes responsibility for the placement and care of a child under this section, the department, in consultation with the child, the child's parent, and a mental health professional, shall develop a plan for the child's eventual return home. If the plan anticipates the child will remain in out-of-home care one hundred eighty days or longer, or if at any time it appears the child will remain in out-of-home care longer than one hundred eighty days, the department and the parent shall jointly seek a judicial determination that the agreement is in the child's best interests. If the child exits the out-of-home placement before one hundred eighty days have elapsed, no judicial determination is required.

(b) To obtain the judicial determination required under this section, the department and the parent shall file a joint petition alleging there is located or residing within the county a child who was adopted from the foster care system whose current behavioral health or mental health needs can not be met adequately by the child's parent, and that as a result the child has been placed in out-of-home care pursuant to this section. The petition shall request that the court conduct periodic reviews of the child's placement and make a determination whether continued placement is in the best interests of the child. The petition shall contain the name, date of birth, and residence of the child and the names and residences of the child's parent or legal guardian who has consented to the voluntary placement agreement. The department shall make reasonable attempts to ascertain and set forth in the petition the identity, location, and custodial status of any parent who is not a party to the placement agreement and reasons why that parent cannot assume placement and care authority of the child.

(4) A written agreement under this section must specify the legal status of the child and the rights and obligations of the parent, the child, and the department while the child is in the licensed facility. Any party to the agreement may terminate the agreement at any time by providing advance notice to the other party and to the child if he or she is thirteen years of age or older. Upon termination of the agreement, the child must be returned to the care of his or her parent unless the child has been taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130.

NEW SECTION. Sec. 7. A new section is added to chapter 13.34 RCW to read as follows:

(1) The legislature finds that as a condition of the state's receipt of federal funds for foster care under Title IV-B and Title IV-E of the social security act, all children in foster care must be subjected to periodic court review. Unfortunately, this requirement includes children who were adopted out of foster care and who subsequently are temporarily returned to a foster care placement solely because their parents have determined that the child's mental health or behavioral health service needs require an out-of-home placement. Except for providing such needed services, the parents of these children are completely competent to care for the children. The legislature intends that court review of out-of-home placements pursuant to section 6 of this act be structured to minimize the stress and inconvenience to families caused by complying with these federal requirements.

(2) Upon filing of the petition required under section 6 of this act, the clerk of the court shall schedule the petition for a hearing to be held no later than fourteen calendar days after the petition has been filed. The department shall provide notification of the time, date, and purpose of the hearing to the parent or legal guardian who has agreed to the child's placement in out-of-home care. The department shall also make reasonable attempts to notify any parent who is not a party to the placement agreement, if the parent's identity and location are known. Notification under this section may be given by the most expedient means, including but not limited to mail, personal service, and telephone.

Sec. 8. RCW 74.13.080 and 1987 c 170 s 11 are each amended to read as follows:

Except as provided in RCW 74.13.350 and section 6 of this act, the department shall not make payment for any child in group care placement unless the group home is licensed and the department has the ((custody of)) placement and care authority for the child under a court order or a voluntary placement agreement and the authority to remove the child in a cooperative manner after at least seventy-two hours notice to the child care provider; such notice may be waived in emergency situations. However, this requirement shall not be construed to prohibit the department from making or mandate the department to make payment for Indian children placed in facilities licensed by federally recognized Indian tribes pursuant to chapter 74.15 RCW.

NEW SECTION. Sec. 9. Sections 5 and 6 of this act are each added to chapter 74.13 RCW.

NEW SECTION. Sec. 10. If specific funding for the purposes of sections 2 and 3 of this act, referencing sections 2 and 3 of this act by bill or chapter number and section number, is not provided by June 30, 2008, in the omnibus appropriations act, sections 2 and 3 of this act are null and void.

NEW SECTION. Sec. 11. If specific funding for the purposes of section 5 of this act, referencing section 5 of this act by bill or chapter number and section number, is not provided by June 30, 2008, in the omnibus appropriations act, section 5 of this act is null and void.

NEW SECTION. Sec. 12. If specific funding for the purposes of sections 6, 7, and 8 of this act, referencing sections 6, 7, and 8 of this act by bill or chapter number and section number, is not provided by June 30, 2008, in the omnibus appropriations act, sections 6, 7, and 8 of this act are null and void."

Correct the title.

Representatives Jarrett and Walsh spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

There being no objection, House Rule 13(c) was suspended.

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

Representatives Jarrett and Walsh spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 3205.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 3205 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 3205, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3329, By Representatives Fromhold, McDonald, Ormsby, Wallace, Alexander, Sells and McIntire

Prioritizing four-year higher education institutions' capital project requests.

The bill was read the second time.

There being no objection, Substitute House Bill No. 3329 was substituted for House Bill No. 3329 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3329 was read the second time.

Representative Jarrett moved the adoption of amendment (1044):

On page 3, at the beginning of line 33, insert "(c) To the extent possible, the objective analysis and scoring system of all capital budget projects shall occur within the context of any and all performance agreements between the office of financial management and the governing board of a public, four-year institution of higher education that aligns goals, priorities, desired outcomes, flexibility, institutional mission, accountability, and levels of resources."

Representatives Jarrett and McDonald spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Wallace moved the adoption of amendment (1069):

On page 4, line 33, after "Sec. 3." insert "(1)"

On page 5, at the beginning of line 4, strike "(1)" and insert "(a)"

On page 5, at the beginning of line 9, strike "(2)" and insert "(b)"

On page 5, at the beginning of line 15, strike "(3)" and insert "(c)"

On page 5, after line 22, insert:

"(2) The higher education coordinating board, in consultation with the office of financial management, shall conduct a capital facilities and technology study that will link ten-year enrollment projections with capital facilities needs, technology applications, and hardware capacity needed to deliver higher education programs for the period of 2009 through 2019. The higher education coordinating board shall report its findings to the legislature by October 1, 2008."

Representatives Wallace and McDonald spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Fromhold moved the adoption of amendment (1142):

On page 4, line 33, after "Sec. 3." strike all material through "means."

On page 5, line 22 and insert the following:

"The office of financial management shall submit a higher education capital facility financing study to the governor and the appropriate legislative fiscal committees by December 1, 2008. In designing and conducting the study, the office of financial management shall consult with legislative and fiscal committee leadership, the department of revenue, the state investment board, the higher education coordinating board, the state board for community and technical colleges, and the public four-year institutions of higher education. The study must include:

(1) A review of the methods that are used to fund higher education facility expansion and improvements in other states, with particular emphasis on Washington's global challenge states, and the relative portions of such expenditures that are borne by students, state taxpayers, federal grants, and private contributions;

(2) An examination of alternatives for reducing facility construction and maintenance expenditures per student through strategies such as expansion of distance learning opportunities, increased scheduling of classes during evenings and weekends, the establishment of expected cost benchmarks by facility type, and other means; and

(3) An assessment of the strengths and weaknesses of potential new revenue sources that might be applied to the funding of higher education facilities. These alternative sources must include, but not be limited to, adjusting student fees to support a larger share of the cost of such facilities, bonding against student fee revenues, utilizing local tax revenues to support local higher education capital needs, promoting business participation in the financing of programs strongly linked to area economic development, and other means."

Representatives Fromhold and McDonald spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 3329.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 3329 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 3329, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2668, By Representatives Morrell, Green, Cody, Hunt, McCoy, Wallace, Pedersen, Campbell, McIntire, Conway, Simpson, Kenney and Darneille

Expanding programs for persons needing long-term care.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 2668 was substituted for House Bill No. 2668 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2668 was read the second time.

Representative Morrell moved the adoption of amendment (1101):

On page 4, after line 13, insert the following:

"Sec. 5. RCW 74.38.030 and 1975-'76 2nd ex.s. c 131 s 3 are each amended to read as follows:

(1) The program of community based services authorized under this chapter shall be administered by the department. Such services may be provided by the department or through purchase of service contracts, vendor payments or direct client grants.

The department shall, under stipend or grant programs provided under RCW 74.38.060, utilize, to the maximum staffing level possible, eligible persons in its administration, supervision, and operation.

(2) The department shall be responsible for planning, coordination, monitoring and evaluation of services provided under this chapter but shall avoid duplication of services.

(3) The department may designate area agencies in cities of not less than twenty thousand population or in regional areas within the state. These agencies shall submit area plans, as required by the department. For area plans prepared for submission in 2009, and thereafter, the area agencies may include the findings and recommendations of area-wide planning initiatives that they may undertake with appropriate local and regional partners regarding the changing age demographics of their area and the implications of this demographic change for public policies and public services. They shall also submit, in the manner prescribed by the department, such other program or fiscal data as may be required.

(4) The department shall develop an annual state plan pursuant to the Older Americans Act of 1965, as now or hereafter amended. This plan shall include, but not be limited to:

(a) Area agencies' programs and services approved by the department;

(b) Other programs and services authorized by the department; and

(5) The department shall establish rules and regulations for the determination of low income eligible persons. Such determination shall be related to need based on the initial resources and subsequent income of the person entering into a program or service. This determination shall not prevent the eligible person from utilizing a program or service provided by the department or area agency. However, if the determination is that such eligible person is nonlow income, the provision of RCW 74.38.050 shall be applied as of the date of such determination."

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

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

The amendment was adopted.

Representative Cody moved the adoption of amendment (1102):

On page 6, after line 10, insert the following:

"NEW SECTION. Sec. 8. A new section is added to chapter 74.34 RCW to read as follows:

(1) The department may conduct a vulnerable adult fatality review in the event of a death of a vulnerable adult when the department has reason to believe that the death of the vulnerable adult may be related to the abuse, abandonment, exploitation, or neglect of the vulnerable adult, or may be related to the vulnerable adult's self-neglect, and the vulnerable adult was:

(a) Receiving home and community-based services in his or her own home, described under chapters 74.39 and 74.39A RCW, within sixty days preceding his or her death; or

(b) Living in his or her own home and was the subject of a report under this chapter received by the department within twelve months preceding his or her death.

(2) When conducting a vulnerable adult fatality review of a person who had been receiving hospice care services before the person's death, the review shall provide particular consideration to the similarities between the signs and symptoms of abuse and those of many patients receiving hospice care services.

(3) All files, reports, records, communications, and working papers used or developed for purposes of a fatality review are confidential and not subject to disclosure pursuant to RCW 74.34.095.

(4) The department may adopt rules to implement this section.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

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

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

The amendment was adopted. The bill was ordered engrossed.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 2668.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2668 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2668, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3125, By Representatives Kenney, Haler, Sullivan, Simpson, Barlow, Quall, Kagi, Flannigan, Cody, Nelson, Ormsby, Darneille and Hasegawa

Creating the building communities fund program.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 3125 was substituted for House Bill No. 3125 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 3125 was read the second time.

With the consent of the House, amendment (1127) was withdrawn.

Representative Ormsby moved the adoption of amendment (1167):

On page 3, line 8, after "or" strike "have as a primary mission to serve low-income persons" and insert "serve a substantial number of low-income or disadvantaged persons"

On page 3, line 22, after "or will" strike "have as a primary mission to serve low-income persons" and insert "serve a substantial number of low-income or disadvantaged persons"

On page 4, line 32, after "list" insert "shall be determined by the capital budget beginning with the 2009-2011 biennium and thereafter, and"

On page 4, line 34, after "for" strike "this purpose" and insert "the building communities fund program"

On page 5, line 11, after "list" insert "shall be determined by the capital budget beginning with the 2009-2011 biennium and thereafter, and"

On page 5, line 12, after "for" strike "this purpose" and insert "the building communities fund program"

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

The amendment was adopted. The bill was ordered engrossed.

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

Representative Kenney spoke in favor of passage of the bill.

Representative Bailey spoke against the passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 3125.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 3125 and the bill passed the House by the following vote: Yeas - 65, Nays - 29, Absent - 0, Excused - 4.

Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Priest, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 65.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Herrera, Hinkle, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Roach, Rodne, Ross, Schindler, Schmick, Smith, Sump, Walsh and Warnick - 29.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 3125, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3291, By Representatives Kelley, Santos, Pettigrew, Cody, Hudgins, Pedersen, Dickerson, Nelson, Quall, Kenney, Sullivan, McIntire, Green and Barlow

Enacting the community schools act of 2008.

The bill was read the second time.

There being no objection, Substitute House Bill No. 3291 was substituted for House Bill No. 3291 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 3291 was read the second time.

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

Representative Kelley spoke in favor of passage of the bill.

Representative McDonald spoke against the passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute House Bill No. 3291.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 3291 and the bill passed the House by the following vote: Yeas - 64, Nays - 29, Absent - 0, Excused - 4, Not Voting - 1.

Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rodne, Rolfes, Santos, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Williams, Wood and Mr. Speaker - 64.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Chandler, Condotta, Crouse, DeBolt, Ericksen, Haler, Hankins, Herrera, Hinkle, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Roach, Ross, Schindler, Schmick, Smith, Sump and Warnick - 29.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

SUBSTITUTE HOUSE BILL NO. 3291, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2884, By Representatives Pettigrew, Kagi, Dickerson, Appleton, Roberts, Haler, Darneille, Hasegawa, Santos, Goodman, McIntire and Kenney

Requiring policies on and limiting the use of mechanical, chemical, and physical restraint of students.

The bill was read the second time.

There being no objection, Substitute House Bill No. 2884 was substituted for House Bill No. 2884 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 2884 was read the second time.

Representative Anderson moved the adoption of amendment (1050):

On page 2, line 21, after "cuffs," insert "and"

On page 2, line 21, after "restraints" strike ", tasers, or batons"

On page 2, line 28, after "of" insert "a school district director of security or security manager or"

On page 2, line 32, after "of" insert "a school district director of security or security manager or"

On page 3, line 20, after "officers," strike "or"

On page 3, line 20, after "authorities" insert ", and school security officers who have been trained in techniques on the appropriate use of restraints and such training has been approved by the washington state school safety advisory committee or the criminal justice training commission,"

On page 3, line 22, after "student" strike "or other person"

On page 3, line 31, after "restraint" insert "of students"

On page 4, line 15, after "The" strike "program staff member" and insert "person"

On page 4, at the beginning of line 17, strike "staff member" and insert "person administering the restraint"

On page 4, line 28, after "The" strike "program staff member" and insert "person"

On page 4, at the beginning of line 30, strike "staff member" and insert "person administering the restraint"

On page 5, line 3, after "The" strike "program staff member" and insert "person"

On page 5, at the beginning of line 5, strike "staff member" and insert "person administering the restraint"

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

Representative Santos spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Armstrong moved the adoption of amendment (1090):

On page 2, beginning on line 22, strike all of subsection (c)

Renumber the remaining subsections consecutively and correct any internal references accordingly.

On page 3, beginning on line 1, strike all of subsections (3) and (4)

Renumber the remaining subsections consecutively and correct any internal references accordingly.

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

Representative Quall spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Pettigrew moved the adoption of amendment (1119):

On page 2, line 28, after "school" strike "building"

On page 2, line 32, after "school" strike "building"

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

The amendment was adopted.

With the consent of the House, amendment (1061) was withdrawn.

Representative Santos moved the adoption of amendment (1099):

On page 5, after line 9, insert the following:

"(8) Nothing in this section shall be construed to be inconsistent with chapter 28A.155 RCW, Section 504 of the federal rehabilitation act of 1973 as amended (29 U.S.C. 794), or the rules and regulations adopted thereunder."

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

The amendment was adopted.

Representative Anderson moved the adoption of amendment (1114):

On page 5, after line 9, insert the following:

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

Representative Quall spoke against the adoption of the amendment.

The amendment was not adopted.

The bill was ordered engrossed.

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

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

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2884.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2884 and the bill passed the House by the following vote: Yeas - 72, Nays - 22, Absent - 0, Excused - 4.

Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Orcutt, Ormsby, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Williams, Wood and Mr. Speaker - 72.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Chandler, Condotta, Crouse, DeBolt, Ericksen, Hinkle, Kretz, Kristiansen, Newhouse, Pearson, Rodne, Ross, Schindler, Schmick, Smith, Sump and Warnick - 22.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2884, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3145, By Representatives Kagi, Haler, Roberts, Walsh, Pettigrew, Dickerson, Conway, Green, Goodman, Kenney, Wood and Ormsby

Implementing a tiered classification system for foster parent licensing.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 3145 was substituted for House Bill No. 3145 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 3145 was read the second time.

With the consent of the House, amendment (1192) was withdrawn.

Representative Kagi moved the adoption of amendment (1195):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 74.13 RCW to read as follows:

The legislature finds that foster parents are an essential partner in the child welfare system, with responsibility for the care of vulnerable children whose families are unable to meet their needs. Because children who enter the foster care system have experienced varying degrees of stress and trauma before placement, foster parents sometimes are called upon to provide care for children with significant behavioral challenges and intensive developmental needs. Other children who enter foster care may require extraordinary care due to health care needs or medical fragility. The legislature also finds that foster parents with specialized skills and experience, or professional training and expertise, can contribute significantly to a child's well-being by promoting placement stability and supporting the child's developmental growth while in foster care. The legislature intends to implement a specialized foster home program to enhance the continuum of care options and to promote permanency and positive outcomes for children served in the child welfare system by authorizing the department to contract for specialized foster home services.

NEW SECTION. Sec. 2. A new section is added to chapter 74.13 RCW to read as follows:

(1) The department shall select two or more geographic areas with high concentrations of children with significant needs in foster care for the implementation of phase one of a specialized foster home program. In determining the scope of the first phase of the program, the department shall: (a) Examine areas where there are concentrations of children with significant behavioral challenges and intensive developmental or medical needs who are being served in family foster homes; (b) consider areas of appropriate size that will allow for careful analysis of the impact of the specialized foster home program on the array of out-of-home care providers, including providers of behavioral rehabilitation services; and (c) determine the number of children to be served in these selected areas. During phase one of the implementation of the program, only licensed foster parents under the supervision of the department shall be eligible to participate in the program. Implementation of the program at the phase one sites also shall be structured to support the long-term goal of eventual expansion of the program statewide.

(2) Based on the information gathered by the work group convened under chapter 413, Laws of 2007, and the additional information gathered pursuant to this section, the department shall actively:

(a) Seek recommendations from foster parents and other out-of-home service providers in the program sites regarding the qualifications and requirements of specialized foster home providers, the needs of the children to be served, and the desired outcomes to be measured or monitored at the respective program sites; and

(b) Consult with experts in child welfare, children's mental health, and children's health care to identify the evidence-based or promising practice models to be employed in the program and the appropriate supports to ensure program fidelity, including, but not limited to, the necessary training and clinical consultation and oversight to be provided to specialized foster homes.

(3) Using the recommendations from foster parents, the consultations with professionals from appropriate disciplines, and the information provided in the report to the legislature under chapter 413, Laws of 2007, including the information presented to the work group convened to prepare and present the report, the department shall implement the program through contracts with foster parents who are determined by the department to meet the eligibility criteria for the specialized foster home program. The department shall:

(a) Define the criteria for specialized foster home providers, which shall include a requirement that the foster parent be licensed by the department as a foster parent, as well as meet additional requirements relating to relevant experience, education, training, and professional expertise necessary to meet the high needs of children identified as eligible for this program;

(b) Define criteria for identifying children with high needs who may be eligible for placement in a specialized foster home provider. Such criteria shall be based on the best interests of the child and include an assessment of the child's past and current level of functioning as well as a determination that the child's treatment plan and developmental needs are consistent with the placement plan;

(c) Establish a policy for placement of children with high needs in specialized foster homes, including a process for matching the child's needs with the foster parent's skills and expertise;

(d) Establish a limit on the number and ages of children with high needs that may be placed in a specialized foster home pursuant to the specialized foster home program contract. Such limitation shall recognize that children with externalizing behaviors are most likely to experience long-term improvements in their behavior when care is provided in settings that minimize exposure to peers with challenging behaviors;

(e) Identify one or more approved models of skill building for use by specialized foster home providers;

(f) Specify the training and consultation requirements that support the models of service;

(g) Establish a system of supports, including clinical consultation and oversight for specialized foster homes;

(h) Establish a level of stipend payments to specialized foster home providers that is not tied to deficits in the child's level of functioning;

(i) Establish clearly defined responsibilities of specialized foster home providers, who have a specialized foster home contract including responsibilities to promote permanency and connections with birth parents; and

(j) Develop a process for annual performance reviews of specialized foster home providers.

(4) Contracts between the department and a specialized foster home provider shall include a statement of work focusing on achieving stability in placement and measuring improved permanency outcomes shall specify at least the following elements:

(a) The model of treatment and care to be provided;

(b) The training and ongoing professional consultation to be provided;

(c) The method for determining any additional supports to be provided to an eligible child or the specialized foster home provider;

(d) The desired outcomes to be measured;

(e) A reasonable and efficient process for seeking a modification of the contract;

(f) The rate and terms of payment under the contract; and

(g) The term of the contract and the processes for an annual performance review of the specialized foster home provider and an annual assessment of the child.

(5) Beginning on or before October 1, 2008, the department shall begin the selection of, and negotiation of contracts with, specialized foster home providers in the phase one areas selected for implementation.

(6) Nothing in this act gives an eligible foster parent the right to a contract under the specialized foster home program, and nothing in this act gives a specialized foster home provider that has a contract under the program a right to have a child or children placed in the home pursuant to the contract.

(7) "Specialized foster home providers" means foster parents who are determined by the department to be eligible foster parents, who have a specialized foster home program contract with the department.

(8) The department shall provide an implementation status update to the governor and the legislature by January 30, 2009. Based on the experiences and lessons learned from implementation of the program during phase one, the department shall recommend a process and timeline for expanding the program and implementing it statewide. The department shall report to the governor and the appropriate members of the legislature by September 1, 2009, and shall identify the essential elements of the specialized foster home program that should be addressed or replicated as the program is expanded to the next phase.

NEW SECTION. Sec. 3. A new section is added to chapter 41.56 RCW to read as follows:

(1) In addition to the entities listed in RCW 41.56.020, this chapter applies to the governor with respect to specialized foster home providers. Solely for the purposes of collective bargaining and as expressly limited under subsections (2) and (3) of this section, the governor is the employer of specialized foster home providers who, solely for the purposes of collective bargaining, are public employees. The public employer shall be represented for bargaining purposes by the governor or the governor's designee.

(2) There shall be collective bargaining between the governor and specialized foster home providers, except as follows:

(a) A statewide unit of all specialized foster home providers is the only unit appropriate for purposes of collective bargaining. The commission shall adopt reasonable rules providing for the inclusion of unrepresented specialized foster home providers when, after implementation of phase one of the specialized foster home program described in section 2 of this act: (i) The labor organization certified as the exclusive bargaining representative of the specialized foster home providers petitions to represent one or more new groups of specialized foster home providers and demonstrates that it has majority support among those groups; or (ii) when any labor organization petitions to represent the entire bargaining unit of specialized foster home providers and demonstrates that it has at least a thirty percent showing of interest to warrant an election.

(b) The exclusive bargaining representative of specialized foster home providers in the unit specified in (a) of this subsection shall be the representative chosen in an election conducted pursuant to RCW 41.56.070. Bargaining authorization cards furnished as the showing of interest in support of any representation petition or motion for intervention filed under this section shall be exempt from disclosure under chapter 42.56 RCW.

(c) Notwithstanding the definition of "collective bargaining" in RCW 41.56.030(4), the scope of collective bargaining for specialized foster home providers under this section shall be limited solely to: (i) Economic compensation for enhanced services provided by specialized foster home providers in the form of a stipend; (ii) health and welfare benefits; (iii) labor management committees; and (iv) grievance procedures. Retirement benefits shall not be subject to collective bargaining. By such obligation, neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.

(d) In addition to the entities listed in the mediation and interest arbitration provisions of RCW 41.56.430 through 41.56.470 and 41.56.480, the provisions apply to the governor or the governor's designee and the exclusive bargaining representative of specialized foster home providers, except that:

(i) In addition to the factors to be taken into consideration by an interest arbitration panel under RCW 41.56.465, the panel shall consider the financial ability of the state to pay for the compensation and benefit provisions of a collective bargaining agreement.

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

(e) Specialized foster home providers do not have the right to strike.

(3) Specialized foster home providers who are public employees solely for the purposes of collective bargaining under subsection (1) of this section are not, for that reason, employees of the state for any other purpose. This section applies only to the governance of the collective bargaining relationship between the employer and specialized foster home providers as provided in subsections (1) and (2) of this section.

(4) This section does not create or modify:

(a) The department's authority to establish a plan of care for each foster child or its core responsibility to manage foster care services, including determination of the level of care that each foster child is eligible to receive. This subsection shall not be interpreted to require collective bargaining over an individual foster child's plan of care;

(b) The department's obligation to comply with the federal funding statutes and regulations, including but not limited to the social security act and the terms of any state plan or waiver granted by the federal government to ensure federal financial participation in the provision of the services;

(c) The legislature's right to make programmatic modifications to the delivery of state services including standards of eligibility of children in foster care and specialized foster home providers participating in the programs and the nature of services provided. The governor shall not enter into, extend, or renew any agreement under this chapter that does not expressly reserve the legislative rights described in this subsection (4)(c);

(d) The right of the court, the department, or any other agency or individual acting with proper legal authority, to remove a child from the care of a specialized foster home provider. The right or action of the court, the department, or any other agency or individual acting with proper legal authority to remove a child from the care of a specialized foster home provider shall not constitute an unfair labor practice;

(e) The department's authority to set minimum licensing standards for foster parents, to establish a method for determining foster care maintenance payment rates that will be paid for the benefit of foster children, and to determine the foster care maintenance rate for each child in care;

(f) The department's authority to establish, pursuant to statute, the nature and means of taking or resolving licensing action against any foster parent, or investigations and actions involving allegations of abuse or neglect made against a foster parent;

(g) The department's ability to meet and consult with foster parents, including meetings with specialized foster home providers, as required under RCW 74.13.031;

(h) The department's authority to define the criteria for specialized foster homes, including training, education, relevant experience, and professional expertise, and the department's authority to define the criteria for identifying high needs children who may be eligible for placement in a specialized foster home; or

(i) RCW 43.43.832, 43.20A.205, or 74.15.130.

(5) Nothing in this section is intended to imply that the state, the department, or its contractors agree to any additional vicarious, joint, or several liability for the action or inaction of a specialized foster home provider or prospective specialized foster home provider.

(6) Upon meeting the requirements of subsection (7) of this section, the governor must submit, as a part of the proposed biennial or supplemental operating budget submitted to the legislature under RCW 43.88.030, a request for funds necessary to implement the stipend and benefit provisions of a collective bargaining agreement entered into under this section or for legislation necessary to implement such agreement.

(7) A request for funds necessary to implement the stipend and benefit provisions of a collective bargaining agreement entered into under this section shall not be submitted by the governor to the legislature unless such request has been:

(a) Submitted to the director of financial management by October 1st before the legislative session at which the request is to be considered, except that, for initial negotiations under this section, the request must be submitted after July 1, 2009; and

(b) Certified by the director of financial management as being feasible financially for the state or reflects the binding decision of an arbitration panel reached under this section.

(8) The legislature must approve or reject the submission of the request for funds as a whole. If the legislature rejects or fails to act on the submission, any such agreement will be reopened solely for the purpose of renegotiating the funds necessary to implement the agreement.

(9) The governor shall periodically consult with the joint committee on employment relations established by RCW 41.80.010 regarding appropriations necessary to implement the stipend and benefit provisions of any collective bargaining agreement and, upon completion of negotiations, advise the committee on the elements of the agreement and on any legislation necessary to implement such agreement.

(10) After the expiration date of any collective bargaining agreement entered into under this section, all of the terms and conditions specified in any such agreement remain in effect until the effective date of a subsequent agreement, not to exceed one year from the expiration date stated in the agreement, except as provided in subsection (4)(c) of this section.

(11) If, after the stipend and benefit provisions of an agreement are approved by the legislature, a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the governor or by resolution of the legislature, both parties shall immediately enter into collective bargaining for a mutually agreed upon modification of the agreement.

(12) In enacting this section, the legislature intends to provide state action immunity under federal and state antitrust laws for the joint activities of specialized foster home providers and their exclusive bargaining representative to the extent such activities are authorized by this chapter.

(13) For purposes of chapter 41.56 RCW, "specialized foster home providers" means specialized foster home providers as defined in section 2 of this act, but not providers who are related to, or family members of, the children with extraordinary behavioral, developmental, or medical needs for whom they provide care.

Sec. 4. RCW 41.04.810 and 2007 c 184 s 4 are each amended to read as follows:

Individual providers, as defined in RCW 74.39A.240, family child care providers, as defined in RCW 41.56.030, ((and)) adult family home providers, as defined in RCW 41.56.030, and specialized foster home providers, as defined in section 3 of this act, are not employees of the state or any of its political subdivisions and are specifically and entirely excluded from all provisions of this title, except as provided in RCW 74.39A.270, 41.56.028, ((and)) 41.56.029, and section 3 of this act.

Sec. 5. RCW 41.56.113 and 2007 c 184 s 3 are each amended to read as follows:

(1) Upon the written authorization of an individual provider, a family child care provider, ((or)) an adult family home provider, or a specialized foster home provider within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the state as payor, but not as the employer, shall, subject to subsection (3) of this section, deduct from the payments to an individual provider, a family child care provider, ((or)) an adult family home provider, or from the stipends paid to a specialized foster home provider the monthly amount of dues as certified by the secretary of the exclusive bargaining Representative shall transmit the same to the treasurer of the exclusive bargaining representative.

(2) If the governor and the exclusive bargaining representative of a bargaining unit of individual providers, family child care providers, ((or)) adult family home providers, or specialized foster home providers enter into a collective bargaining agreement that:

(a) Includes a union security provision authorized in RCW 41.56.122, the state as payor, but not as the employer, shall, subject to subsection (3) of this section, enforce the agreement by deducting from the payments or stipends, as applicable, to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues; or

(b) Includes requirements for deductions of payments other than the deduction under (a) of this subsection, the state, as payor, but not as the employer, shall, subject to subsection (3) of this section, make such deductions upon written authorization of the individual provider, family child care provider, ((or)) adult family home provider, or the specialized foster home provider.

(3)(a) The initial additional costs to the state in making deductions ((from the payments to individual providers, family child care providers, and adult family home providers)) under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.

(b) The allocation of ongoing additional costs to the state in making deductions ((from the payments to individual providers, family child care providers, or adult family home providers)) under this section shall be an appropriate subject of collective bargaining between the exclusive bargaining Representative the governor unless prohibited by another statute. If no collective bargaining agreement containing a provision allocating the ongoing additional cost is entered into between the exclusive bargaining Representative the governor, or if the legislature does not approve funding for the collective bargaining agreement as provided in RCW 74.39A.300, 41.56.028, ((or)) 41.56.029, or section 3 of this act, as applicable, the ongoing additional costs to the state in making deductions ((from the payments to individual providers, family child care providers, or adult family home providers)) under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.

(4) The governor and the exclusive bargaining representative of a bargaining unit of family child care providers may not enter into a collective bargaining agreement that contains a union security provision unless the agreement contains a process, to be administered by the exclusive bargaining representative of a bargaining unit of family child care providers, for hardship dispensation for license-exempt family child care providers who are also temporary assistance for needy families recipients or WorkFirst participants.

Sec. 6. RCW 43.01.047 and 2007 c 184 s 5 are each amended to read as follows:

RCW 43.01.040 through 43.01.044 do not apply to individual providers under RCW 74.39A.220 through 74.39A.300, family child care providers under RCW 41.56.028, ((or)) adult family home providers under RCW 41.56.029, or specialized foster home providers under section 3 of this act.

NEW SECTION. Sec. 7. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition of federal funds which support the operations and services provided by the department of social and health services, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION. Sec. 8. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void.

NEW SECTION. Sec. 9. Sections 3 through 6 of this act take effect January 1, 2009."

Correct the title.

Representatives Kagi and Haler spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

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

Representatives Alexander and Hinkle spoke against the passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 3145.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 3145 and the bill passed the House by the following vote: Yeas - 72, Nays - 22, Absent - 0, Excused - 4.

Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Crouse, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Santos, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Williams, Wood and Mr. Speaker - 72.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Chandler, Condotta, DeBolt, Dunn, Ericksen, Herrera, Hinkle, Kretz, Kristiansen, Newhouse, Orcutt, Pearson, Ross, Schindler, Schmick, Sump and Warnick - 22.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 3145, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 3047, By Representatives Armstrong, Newhouse and Upthegrove

Requiring disclosure of certain information relating to higher education course materials.

The bill was read the second time.

There being no objection, the committee amendment by the Committee on Higher Education was adopted. (For Committee amendment, see Journal, 23rd Day, February 5, 2008.)

The bill was ordered engrossed.

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

Representatives Armstrong and Wallace spoke in favor of passage of the bill.

Representative McIntire spoke against the passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 3047.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 3047 and the bill passed the House by the following vote: Yeas - 85, Nays - 9, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chandler, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Fromhold, Goodman, Grant, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hurst, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, Orcutt, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Rodne, Rolfes, Ross, Santos, Schindler, Schmick, Seaquist, Sells, Simpson, Smith, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 85.

Voting nay: Representatives Chase, Green, Hunter, Jarrett, McIntire, O'Brien, Ormsby, Roberts and Sommers - 9.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED HOUSE BILL NO. 3047, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1621, By Representatives B. Sullivan, Sells, Morrell, Lovick, Ormsby, Miloscia, Springer, McCoy, Sullivan, Hasegawa, O'Brien, Roberts, Conway, Wood, Haigh, Rolfes and Simpson

Preserving manufactured/mobile home communities.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 1621 was substituted for House Bill No. 1621 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 1621 was read the second time.

Representative Rolfes moved the adoption of amendment (1188):

On page 5, beginning on line 15, after "community" strike all material through "sale" on line 17

On page 9, line 6, after "community;" insert "and"

On page 9, beginning on line 9, after "property" strike all material through "community" on line 15

On page 9, beginning on line 16, strike all of section 5 and insert the following:

"NEW SECTION. Sec. 5. A landlord intending to sell a manufactured/mobile home community is encouraged to negotiate in good faith with qualified tenant organizations and eligible organizations."

Representatives Rolfes and Orcutt spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Dunn moved the adoption of amendment (1154):

On page 10, after line 23, insert the following:

"NEW SECTION. Sec. 8. A new section is added to chapter 84.36 RCW to read as follows:

(1) A mobile home lot is exempt from tax, as provided in this section.

(2) For the purposes of this section, the following definitions apply unless the context clearly requires otherwise:

(a) "Manufactured home" and "mobile home" are defined, as provided in RCW 59.20.030.

(b) "Mobile home lot" means a portion of a mobile home park or manufactured housing community designated as the location of one mobile home or manufactured home and its accessory buildings, and leased for the exclusive use as a primary residence by the occupants of that mobile home or manufactured home. This definition only includes real property that is land.

(c) "Value" means the estimated assessed value of the mobile home lot, determined by multiplying the assessed value of the parcel within which the mobile or manufactured home is located by the ratio of the area of the mobile home lot to the area of the parcel.

(3) The benefit of the exemption must inure to the owner of the mobile or manufactured home.

(4) The owner of the mobile or manufactured home must meet all the requirements in RCW 84.36.381 (1), (2), and (3).

(5) The amount of the exemption must be calculated based on the value of the mobile home lot, as provided in this subsection.

(a) If the owner of the mobile or manufactured home qualifies for the property tax exemption under RCW 84.36.381(5)(a), then the mobile home lot is exempt from excess property taxes.

(b) If the owner of the mobile or manufactured home qualifies for the property tax exemption under RCW 84.36.381(5)(b)(i), the mobile home lot is exempt from regular property taxes on the portion of its value equal to the lesser of:

(i) Seventy thousand dollars; or

(ii) The greater of:

(A) Fifty thousand dollars, less the value exempted for the owner of the mobile or manufactured home under RCW 84.36.381(5)(b)(i); or

(B) Thirty-five percent of the value of the mobile home lot, less the value exempted for the owner of the mobile or manufactured home under RCW 84.36.381(5)(b)(i).

(c) If the owner of the mobile or manufactured home qualifies for the property tax exemption under RCW 84.36.381(5)(b)(ii), the mobile home lot is exempt from regular property taxes on the portion of its value equal to the greater of:

(i) Sixty thousand dollars, less the value exempted for the owner of the mobile or manufactured home under RCW 84.36.381(5)(b)(i); or

(ii) Sixty percent of the value of the mobile home lot, less the value exempted for the owner of the mobile or manufactured home under RCW 84.36.381(5)(b)(i).

(d) If the owner of the mobile or manufactured home qualifies for the exemption under RCW 84.36.381(6), the value of the mobile home lot shall be based on the assessed value of the parcel within which the mobile or manufactured home is located in the year the owner of the mobile or manufactured home applies for the exemption under this section.

(6) In order for the mobile home lot to be eligible for the exemption under this section, the owner of the mobile or manufactured home must apply to the assessor of the county in which the mobile home lot is located. This application shall be made upon forms prescribed by the department of revenue and supplied by the county assessor. The owner of the mobile home park or manufactured housing community shall provide a copy of the lease indicating that the benefit of the exemption under this section will inure to the owner of the mobile or manufactured home."

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

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

Representative Hunter spoke against the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment (1155) was withdrawn.

The bill was ordered engrossed.

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

Representatives Rolfes and Armstrong spoke in favor of passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 1621.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1621 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1621, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2449, By Representatives Pettigrew, Conway, Goodman, Kagi, Haler, Priest, Morrell, Green, Appleton, Sullivan, Wood, Sells, Williams, Haigh, Campbell, Simpson, Wallace, Barlow, Ormsby, Kessler, Jarrett, Dunshee, Walsh, Hudgins, Moeller, Van De Wege, Blake, Hasegawa, Hunt, Liias, Miloscia, McIntire, Kenney, Santos, Cody, Nelson, Rolfes, Chase and Darneille

Providing collective bargaining for child care center directors and workers.

The bill was read the second time.

There being no objection, Second Substitute House Bill No. 2449 was substituted for House Bill No. 2449 and the second substitute bill was placed on the second reading calendar.

SECOND SUBSTITUTE HOUSE BILL NO. 2449 was read the second time.

Representative Dunn moved the adoption of amendment (1151):

On page 10, line 1, after "RCW 74.15.030 that" strike "has at least one child care slot filled by a child for whom it receives a child care subsidy" and insert "receives child care subsidies for at least thirty percent of the children in the child care center"

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

Representative Pettigrew spoke against the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment (1179) was withdrawn.

Representative Pettigrew moved the adoption of amendment (1189):

On page 10, beginning on line 8, strike all of subsection (iii) and insert the following:

"(iii) Operated by a local nonprofit organization whose primary mission is to provide social services, including serving children and families, and that pays membership dues or assessments to either: (A) A national organization, exempt from income tax under section 501(c)(3) of the internal revenue code, with more than five million dollars in membership dues and assessments annually, as reported to the internal revenue service; or (B) a regional council that is affiliated with a national organization, exempt from income tax under section 501(c)(3) of the internal revenue code, with more than two hundred affiliates."

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

The amendment was adopted.

Representative Walsh moved the adoption of amendment (1178):

On page 10, beginning on line 13, strike all of section 4

Renumber the sections consecutively and correct any internal references accordingly.

Correct the title.

Representatives Walsh and Chandler spoke in favor of the adoption of the amendment.

Representative Conway spoke against the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment (1152) was withdrawn.

Representative Dunn moved the adoption of amendment (1150):

On page 12, beginning on line 3, after "representative." strike the remainder of subsection (5) and insert the following:

"If payment of a representation fee is contrary to bona fide personally held religious beliefs or to the tenets or teachings of a church or religious body, the child care center shall pay directly to any nonreligious charitable organization an amount of money equivalent to the representation fee. The charitable organization shall be registered with the secretary of state or recognized under Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code."

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

Representative Conway spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Dunn moved the adoption of amendment (1153):

On page 12, beginning on line 30, strike all of section 7

Renumber the sections consecutively and correct any internal references accordingly.

Correct the title.

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

Representative Conway spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Walsh moved the adoption of amendment (1177):

On page 13, after line 8, insert the following:

"(3) The department shall not release the name, street address, electronic mail address, telephone number, social security number, or any other personal information of any child care center director or worker without his or her explicit written consent."

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

Representative Conway spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Walsh moved the adoption of amendment (1176):

On page 13, after line 22, insert the following:

"NEW SECTION. Sec. 10. (1) The Washington state institute for public policy shall study outcomes associated with granting collective bargaining rights to child care center directors and workers.

(2) The study shall, at a minimum, report whether:

(a) Standards for the child care profession have improved;

(b) Continuous quality improvement in the delivery of early learning services has been achieved;

(c) Expanded opportunities for educational advancement for child care center directors and workers, including degree and certificate completion, are available; and

(d) Wage and benefit progression for child care center directors and workers has occurred.

(3) The results of the study shall be reported biennially, no later than December 1st, beginning in 2009, to the governor and to appropriate committees of the legislature."

Renumber the sections consecutively and correct any internal references accordingly.

Correct the title.

Representatives Walsh and Kagi spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Dunn moved the adoption of amendment (1148):

On page 13, after line 22, insert the following:

"NEW SECTION. Sec. 10. A new section is added to chapter 43.215 RCW to read as follows:

The minimum qualifications for employees employed by the department in positions involving the issuance, renewal, suspension, revocation, modification, or nonrenewal of a license under this chapter shall include at least five years of experience as an employee of a licensed child care center, including at least two years of experience as a manager of a licensed child care center."

Renumber the sections consecutively and correct any internal references accordingly.

Correct the title.

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

Representative Kagi spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Dunn moved the adoption of amendment (1147):

On page 13, after line 22, insert the following:

"NEW SECTION. Sec. 10. A new section is added to chapter 43.215 RCW to read as follows:

(1) There is hereby created an ombudsman for child care providers within the department for the purpose of identifying system issues and responses for the governor and the legislature to act upon, and monitoring and ensuring the department's compliance with administrative acts, relevant statutes, rules, and policies pertaining to licensing of child care providers. The ombudsman shall report directly to the governor and shall exercise his or her powers and duties independently of the director of the department. (2) The ombudsman shall perform the following duties:

        (a) Provide information as appropriate on the rights and responsibilities of child care providers;
        (b) Investigate, upon his or her own initiative or upon receipt of a complaint, an administrative act alleged to be contrary to law, rule, or policy, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds; however, the ombudsman may decline to investigate any complaint as provided by rules adopted under this chapter;
        (c) Act as an advocate for child care providers in disputes between the department and the provider;

(d) Monitor the procedures established, implemented, and practiced by the department to carry out its responsibilities in licensing child care providers;
(e) Recommend changes in the procedures for addressing the needs of child care providers; and

(f) Submit annually to appropriate legislative committees and to the governor by November 1 a report analyzing the work of the ombudsman including recommendations."

Renumber the sections consecutively and correct any internal references accordingly.

Correct the title.

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

Representative Kagi spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Dunn moved the adoption of amendment (1149):

On page 13, after line 22, insert the following:

"Sec. 10. RCW 43.215.530 and 2007 c 415 s 7 are each amended to read as follows:

(1) Every child day care center and family day care provider shall have readily available for review by the department, parents, and the public a copy of each inspection report and notice of enforcement action received by the center or provider from the department for the past three years. This subsection only applies to reports and notices received on or after July 24, 2005.

(2) The department shall make available to the public during business hours all inspection reports and notices of enforcement actions involving child day care centers and family day care providers. The department shall include in the inspection report a statement of the corrective measures taken by the center or provider.

(3) The department may make available on a publicly accessible web site all inspection reports and notices of licensing actions, including the corrective measures required or taken, involving child day care centers and family day care providers.

(4) The department shall expunge all complaints and inspection reports from its records that are found to be inconclusive by the department within forty-five days of such finding.

(5) This section shall not be construed to require the disclosure of any information that is exempt from public disclosure under chapter 42.56 RCW."

Renumber the sections consecutively and correct any internal references accordingly.

Correct the title.

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

Representative Kagi spoke against the adoption of the amendment.

The amendment was not adopted.

The bill was ordered engrossed.

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

Representatives Pettigrew, Walsh and Kagi spoke in favor of passage of the bill.

Representatives Chandler and Condotta spoke against the passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 2449.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2449 and the bill passed the House by the following vote: Yeas - 70, Nays - 24, Absent - 0, Excused - 4.

Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Crouse, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McCune, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Ormsby, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Williams, Wood and Mr. Speaker - 70.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Chandler, Condotta, DeBolt, Dunn, Ericksen, Hinkle, Kretz, Kristiansen, McDonald, Newhouse, O'Brien, Orcutt, Pearson, Rodne, Ross, Schindler, Schmick, Sump and Warnick - 24.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2449, having received the necessary constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4030, By Representatives Pearson, Clibborn, Morrell, Kristiansen, Smith and Dunn

Requesting the 172nd Street overpass of Interstate 5 in Arlington to be named the "Oliver "Punks" Smith Interchange."

The joint memorial was read the second time.

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

Representatives Pearson and Clibborn spoke in favor of passage of the joint memorial.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Joint Memorial No. 4030.

ROLL CALL

The Clerk called the roll on the final passage of House Joint Memorial No. 4030 and the joint memorial passed the House by the following vote: Yeas - 90, Nays - 4, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chandler, Clibborn, Cody, Condotta, Conway, Crouse, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Fromhold, Goodman, Grant, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schmick, Sells, Simpson, Smith, Sommers, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 90.

Voting nay: Representatives Chase, Darneille, Green and Seaquist - 4.

Excused: Representatives Flannigan, Hailey, Schual-Berke and Skinner - 4.

HOUSE JOINT MEMORIAL NO. 4030, having received the necessary constitutional majority, was declared passed.

MESSAGE FROM THE SENATE

February 15, 2008

Mr. Speaker:

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 5465,

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5905,

SUBSTITUTE SENATE BILL NO. 6184,

SUBSTITUTE SENATE BILL NO. 6244,

SENATE BILL NO. 6251,

SUBSTITUTE SENATE BILL NO. 6322,

SENATE BILL NO. 6421,

SUBSTITUTE SENATE BILL NO. 6439,

SUBSTITUTE SENATE BILL NO. 6453,

SUBSTITUTE SENATE BILL NO. 6458,

SENATE BILL NO. 6464,

SUBSTITUTE SENATE BILL NO. 6470,

SENATE BILL NO. 6486,

SUBSTITUTE SENATE BILL NO. 6544,

SENATE BILL NO. 6576,

SUBSTITUTE SENATE BILL NO. 6620,

SENATE BILL NO. 6717,

SUBSTITUTE SENATE BILL NO. 6734,

and the same are herewith transmitted.

Thomas Hoemann, Secretary

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1873, By House Committee on Judiciary (originally sponsored by Representatives Ormsby, Haler, Pedersen, Wood, Van De Wege, Campbell, Flannigan, Kessler, Williams and Lantz)

Regarding wrongful injury or death of a child actions. (REVISED FOR ENGROSSED: Changing the requirements for, and recoveries under, a wrongful injury or death cause of action, or a survival action.)

The bill was read the second time.

There being no objection, Third Substitute House Bill No. 1873 was substituted for Engrossed Substitute House Bill No. 1873 and the third substitute bill was placed on the second reading calendar.

THIRD SUBSTITUTE HOUSE BILL NO. 1873 was read the second time.

With the consent of the House, amendments (1180) and (1181) were withdrawn.

Representative Lantz moved the adoption of amendment (1197):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 4.20.020 and 2007 c 156 s 29 are each amended to read as follows:

(1) Every ((such)) action under RCW 4.20.010 shall be for the benefit of the ((wife, husband)) spouse, state registered domestic partner, ((child)) or children, including stepchildren, of the person whose death shall have been so caused. If there ((be)) is no ((wife, husband)) spouse, state registered domestic partner, or ((such)) child ((or children, such)), the action may be maintained for the benefit of: (a) The parents((,)) of a deceased adult child if the parents are financially dependent upon the adult child for support or if the parents have had significant involvement in the adult child's life; or (b) an individual who is the sole beneficiary of the decedent's life insurance and has had significant involvement in the decedent's life. If there is no spouse, state registered domestic partner, child, parent, or such life insurance beneficiary, the action may be maintained for the benefit of sisters((,)) or brothers((,)) who ((may be)) are financially dependent upon the deceased person for support((, and who are resident within the United States at the time of his death)).

In every such action the jury may ((give such)) award economic and noneconomic damages as((,)) under all circumstances of the case((,)) may to them seem just.

(2) For the purposes of this section:

(a) "Financially dependent for support" means substantial dependence based on the receipt of services that have an economic or monetary value, or substantial dependence based on actual monetary payments or contributions; and

(b) "Significant involvement" means demonstrated support of an emotional, psychological, or financial nature within the relationship, at or reasonably near the time of death, or at or reasonably near the time of the incident causing death.

Sec. 2. RCW 4.20.046 and 1993 c 44 s 1 are each amended to read as follows:

(1) All causes of action by a person or persons against another person or persons shall survive to the personal representatives of the former and against the personal representatives of the latter, whether such actions arise on contract or otherwise, and whether or not such actions would have survived at the common law or prior to the date of enactment of this section((: PROVIDED, HOWEVER, That)).

(2) In addition to recovering economic losses, the personal representative ((shall only be)) is entitled to recover on behalf of those beneficiaries identified under RCW 4.20.020 any noneconomic damages for pain and suffering, anxiety, emotional distress, or humiliation, personal to and suffered by ((a)) the deceased ((on behalf of those beneficiaries enumerated in RCW 4.20.020, and such)) in such amounts as determined by a jury to be just under all the circumstances of the case. Damages under this section are recoverable regardless of whether or not the death was occasioned by the injury that is the basis for the action.

(3) The liability of property of a husband and wife held by them as community property and subject to execution in satisfaction of a claim enforceable against such property so held shall not be affected by the death of either or both spouses; and a cause of action shall remain an asset as though both claiming spouses continued to live despite the death of either or both claiming spouses.

(((2))) (4) Where death or an injury to person or property, resulting from a wrongful act, neglect or default, occurs simultaneously with or after the death of a person who would have been liable therefor if his death had not occurred simultaneously with such death or injury or had not intervened between the wrongful act, neglect or default and the resulting death or injury, an action to recover damages for such death or injury may be maintained against the personal representative of such person.

Sec. 3. RCW 4.20.060 and 2007 c 156 s 30 are each amended to read as follows:

(1) No action for a personal injury to any person occasioning death shall abate, nor shall such right of action ((determine)) terminate, by reason of ((such)) the death((,)) if ((such)) the person has a surviving ((spouse, state registered domestic partner, or child living, including stepchildren, or leaving no surviving spouse, state registered domestic partner, or such children, if there is dependent upon the deceased for support and resident within the United States at the time of decedent's death, parents, sisters, or brothers; but such action may be prosecuted, or commenced and prosecuted, by the executor or administrator)) beneficiary in whose favor the action may be brought under subsection (2) of this section.

(2) An action under this section shall be brought by the personal representative of the deceased((,)) in favor of ((such)) the surviving spouse or state registered domestic partner, ((or in favor of the surviving spouse or state registered domestic partner)) and ((such)) children((, or if)). If there is no surviving spouse ((or)), state registered domestic partner, ((in favor of such child)) or children, ((or if no surviving spouse, state registered domestic partner, or such child or children, then)) the action shall be brought in favor of the decedent's: (a) Parents((,)) if the parents are financially dependent upon the decedent for support or if the parents have had significant involvement in the decedent's life; or (b) sole beneficiary under a life insurance policy, if the beneficiary is an individual who had a significant involvement in the decedent's life. If there is no surviving spouse, state registered domestic partner, child, parent, or such life insurance beneficiary, the action shall be brought in favor of the decedent's sisters((,)) or brothers who ((may be)) are financially dependent upon ((such person)) the decedent for support((, and resident in the United States at the time of decedent's death)).

(3) In addition to recovering economic losses, the persons identified in subsection (2) of this section are entitled to recover any noneconomic damages personal to and suffered by the decedent including, but not limited to, damages for the decedent's pain and suffering, anxiety, emotional distress, or humiliation, in such amounts as determined by a jury to be just under all the circumstances of the case.

(4) For the purposes of this section:

Sec. 4. RCW 4.24.010 and 1998 c 237 s 2 are each amended to read as follows:

(1) A ((mother or father, or both,)) parent who has regularly contributed to the support of his or her minor child, ((and the mother or father, or both, of a child on whom either, or both, are)) or a parent who is financially dependent on a child for support or who has had significant involvement in a child's life, may maintain or join ((as a party)) an action as plaintiff for the injury or death of the child.

(2) Each parent, separately from the other parent, is entitled to recover for his or her own loss regardless of marital status, even though this section creates only one cause of action((, but if the parents of the child are not married, are separated, or not married to each other damages may be awarded to each plaintiff separately, as the trier of fact finds just and equitable)).

(3) If one parent brings an action under this section and the other parent is not named as a plaintiff, notice of the institution of the suit, together with a copy of the complaint, shall be served upon the other parent: PROVIDED, That notice shall be required only if parentage has been duly established.

Such notice shall be in compliance with the statutory requirements for a summons. Such notice shall state that the other parent must join as a party to the suit within twenty days or the right to recover damages under this section shall be barred. Failure of the other parent to timely appear shall bar such parent's action to recover any part of an award made to the party instituting the suit.

(4) In ((such)) an action under this section, in addition to damages for medical, hospital, medication expenses, and loss of services and support, damages may be recovered for the loss of love and companionship of the child and for injury to or destruction of the parent-child relationship in such amount as, under all the circumstances of the case, may be just.

(5) For the purposes of this section:

NEW SECTION. Sec. 5. This act applies to all causes of action filed on or after the effective date of this act.

NEW SECTION. Sec. 6. (1) On December 1, 2009, and every December 1st thereafter, the risk management division within the office of financial management shall report to the house appropriations committee, the house state government and tribal affairs committee, the senate ways and means committee, and the senate government operations and elections committee, or successor committees, on the incidents covered by this act that involve state agencies.

(2) On December 1, 2009, and every December 1st thereafter, each local government risk pool or local government risk management division, or the equivalent in local governments, shall report to the legislative body of the local government on the incidents covered by this act that involve the local government.

(3) This section expires December 2, 2014."

Correct the title.

Representative Rodne moved the adoption of amendment (1199) to amendment (1197):

On page 1, beginning on line 10 of the amendment, after "benefit of" strike ": (a) The" and insert "the"

On page 1, beginning on line 13 of the amendment, after "life" strike all material through "life" on line 15 of the amendment

On page 1, line 17 of the amendment, strike "parent, or such life insurance beneficiary" and insert "or parent"

On page 3, line 22 of the amendment, after "decedent's" strike ": (a) Parents" and insert "parents"

On page 3, beginning on line 24 of the amendment, after "life" strike all material through "life" on line 26 of the amendment

On page 3, beginning on line 27 of the amendment, after "child," strike "parent, or such life insurance beneficiary" and insert "or parent"

Representative Rodne spoke in favor of the adoption of the amendment to amendment (1197).

Representative Lantz spoke against the adoption of the amendment to amendment (1197).

The amendment to amendment (1197) was not adopted.

Representative Rodne moved the adoption of amendment (1202) to amendment (1197):

On page 1, beginning on line 12 of the amendment, after "support or" strike all material through "life" on line 13 of the amendment and insert "parents who have regularly contributed to the support of a deceased adult child if the adult child had a developmental disability as defined in RCW 71A.10.020"

On page 3, beginning on line 23 of the amendment, after "support or" strike all material through "life" on line 24 of the amendment and insert "parents who have regularly contributed to the support of the deceased person if the deceased person had a developmental disability as defined in RCW 71A.10.020"

On page 4, line 13 of the amendment, after "child" insert "or his or her child with a developmental disability as defined in RCW 71A.10.020"

On page 4, beginning on line 15 of the amendment, after "support" strike "or who has had significant involvement in a child's life"

Representative Rodne spoke in favor of the adoption of the amendment to amendment (1197).

Representative Lantz spoke against the adoption of the amendment to amendment (1197).

The amendment to amendment (1197) was not adopted.

Representative Rodne moved the adoption of amendment (1203) to amendment (1197):

On page 2, beginning on line 1 of the amendment, after "means" strike all material through "death" on line 4 of the amendment and insert "the demonstrated ongoing support or interaction of a substantial emotional, psychological, or financial nature within a meaningful relationship of community or companionship existing at or reasonably near the time of the incident causing death"

On page 4, beginning on line 6 of the amendment, after "means" strike all material through "death" on line 9 of the amendment and insert "the demonstrated ongoing support or interaction of a substantial emotional, psychological, or financial nature within a meaningful relationship of community or companionship existing at or reasonably near the time of the incident causing death"

On page 5, beginning on line 10 of the amendment, after "means" strike all material through "death" on line 13 of the amendment and insert "the demonstrated ongoing support or interaction of a substantial emotional, psychological, or financial nature within a meaningful relationship of community or companionship existing at or reasonably near the time of the incident causing death"

Representative Rodne spoke in favor of the adoption of the amendment to amendment (1197).

Representative Lantz spoke against the adoption of the amendment to amendment (1197).

The amendment to amendment (1197) was not adopted.

Representative Rodne moved the adoption of amendment (1200) to amendment (1197):

On page 2, line 13 of the amendment, after "(2)" strike all material through "losses, the" and insert "The"

On page 2, line 15 of the amendment, after "4.20.020" strike "any noneconomic"

On page 3, line 32 of the amendment, after "(3)" strike all material through "losses, the" and insert "The"

On page 3, at the beginning of line 34 of the amendment, strike "any"

On page 3, at the beginning of line 35 of the amendment, strike "including, but not limited to, damages"

Representative Rodne spoke in favor of the adoption of the amendment to amendment (1197).

Representative Lantz spoke against the adoption of the amendment to amendment (1197).

The amendment to amendment (1197) was not adopted.

Representative Rodne moved the adoption of amendment (1201) to amendment (1197):

On page 4, line 13 of the amendment, after "her" strike "minor child" and insert "((minor)) child under the age of twenty-six"

On page 4, beginning on line 15 of the amendment, after "support" strike "or who has had significant involvement in a child's life"

Representative Rodne spoke in favor of the adoption of the amendment to amendment (1197).

Representative Lantz spoke against the adoption of the amendment to amendment (1197).

The amendment to amendment (1197) was not adopted.

Representative Rodne moved the adoption of amendment (1204) to amendment (1197):

On page 5, beginning on line 14 of the amendment, after "all" strike "causes of action filed" and insert "deaths occurring"

Representative Rodne spoke in favor of the adoption of the amendment to amendment (1197).

Representative Lantz spoke against the adoption of the amendment to amendment (1197).

The amendment to amendment (1197) was not adopted.

Representative Rodne moved the adoption of amendment (1205) to amendment (1197):

On page 5, after line 28 of the amendment, insert the following:

"NEW SECTION. Sec. 7. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void."

Representative Rodne spoke in favor of the adoption of the amendment to amendment (1197).

Representative Lantz spoke against the adoption of the amendment to amendment (1197).

The amendment to amendment (1197) was not adopted.

The question before the House was the adoption of amendment (1197).

Representatives Lantz and Rodne spoke in favor of the adoption of the amendment.

The amendment was adopted. The bill was ordered engrossed.

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

Representative Ormsby spoke in favor of passage of the bill.

Representatives Rodne and Alexander spoke against the passage of the bill.

The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Third Substitute House Bill No. 1873.

MOTION

On motion of Representative Schindler, Representative Crouse was excused.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Third Substitute House Bill No. 1873 and the bill passed the House by the following vote: Yeas - 59, Nays - 34, Absent - 0, Excused - 5.

Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Fromhold, Goodman, Grant, Green, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 59.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Chandler, Condotta, DeBolt, Dunn, Ericksen, Haigh, Haler, Hankins, Herrera, Hinkle, Hurst, Kagi, Kretz, Kristiansen, McCune, Newhouse, O'Brien, Orcutt, Pearson, Priest, Roach, Rodne, Ross, Schindler, Schmick, Smith, Sump, Walsh and Warnick - 34.

Excused: Representatives Crouse, Flannigan, Hailey, Schual-Berke and Skinner - 5.

ENGROSSED THIRD SUBSTITUTE HOUSE BILL NO. 1873, having received the necessary constitutional majority, was declared passed.

There being no objection, the following bills were referred to the Committee on Rules:

HOUSE BILL NO. 2076

HOUSE BILL NO. 2563

HOUSE BILL NO. 2568

HOUSE BILL NO. 2617

HOUSE BILL NO. 3031

The being no objection, the House advanced to the eighth order of business.

There being no objection, the Committee on Rules was relieved of further consideration of the following bills which were placed on the Second Reading calendar:

HOUSE BILL NO. 1115

HOUSE BILL NO. 1332

HOUSE BILL NO. 1364

HOUSE BILL NO. 1622

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1741

HOUSE BILL NO. 2110

HOUSE BILL NO. 2332

HOUSE BILL NO. 2426

HOUSE BILL NO. 2455

HOUSE BILL NO. 2470

HOUSE BILL NO. 2502

HOUSE BILL NO. 2530

HOUSE BILL NO. 2533

HOUSE BILL NO. 2542

HOUSE BILL NO. 2543

HOUSE BILL NO. 2554

HOUSE BILL NO. 2575

HOUSE BILL NO. 2577

HOUSE BILL NO. 2585

HOUSE BILL NO. 2588

HOUSE BILL NO. 2604

HOUSE BILL NO. 2611

HOUSE BILL NO. 2626

HOUSE BILL NO. 2635

HOUSE BILL NO. 2683

HOUSE BILL NO. 2703

HOUSE BILL NO. 2746

HOUSE BILL NO. 2818

HOUSE BILL NO. 2822

HOUSE BILL NO. 2844

HOUSE BILL NO. 2882

HOUSE BILL NO. 2887

HOUSE BILL NO. 2901

HOUSE BILL NO. 2904

HOUSE BILL NO. 2917

HOUSE BILL NO. 2979

HOUSE BILL NO. 3001

HOUSE BILL NO. 3019

HOUSE BILL NO. 3025

HOUSE BILL NO. 3058

HOUSE BILL NO. 3069

HOUSE BILL NO. 3095

HOUSE BILL NO. 3096

HOUSE BILL NO. 3099

HOUSE BILL NO. 3117

HOUSE BILL NO. 3139

HOUSE BILL NO. 3142

HOUSE BILL NO. 3181

HOUSE BILL NO. 3186

HOUSE BILL NO. 3201

HOUSE BILL NO. 3206

HOUSE BILL NO. 3224

HOUSE BILL NO. 3262

HOUSE BILL NO. 3266

HOUSE BILL NO. 3305

HOUSE BILL NO. 3317

HOUSE BILL NO. 3330

HOUSE BILL NO. 3360

HOUSE JOINT MEMORIAL NO. 4009

HOUSE JOINT MEMORIAL NO. 4025

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 18, 2008, the 33rd Day of the Regular Session.

FRANK CHOPP, Speaker

BARBARA BAKER, Chief Clerk