SIXTY THIRD LEGISLATURE - REGULAR SESSION

 

 

THIRTY EIGHTH DAY

 

 

House Chamber, Olympia, Wednesday, February 20, 2013

 


The House was called to order at 10:00 a.m. by the Speaker (Representative Moeller 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 Emma Audette and Quinn Magendanz.  The Speaker (Representative Moeller presiding) led the Chamber in the Pledge of Allegiance.  The prayer was offered by Pastor Paul Stumme-Diers, Bethany Lutheran Church, Bainbridge Island, Washington.

 

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

 

MESSAGE FROM THE SENATE

 

February 18, 2013

MR. SPEAKER:

 

The President has signed SENATE BILL NO. 5147 and the same is herewith transmitted.

Hunter G. Goodman, Secretary

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

 

INTRODUCTIONS AND FIRST READING

 

HB 1942  by Representatives Green, Harris and Moeller

 

AN ACT Relating to medical eye care or vision care; amending RCW 48.20.410 and 48.21.140; adding a new section to chapter 48.44 RCW; and adding a new section to chapter 48.46 RCW.

 

Referred to Committee on Health Care & Wellness.

 

HB 1943  by Representative Harris

 

AN ACT Relating to clinical review criteria used by insurers or utilization review entities; and adding a new section to chapter 48.43 RCW.

 

Referred to Committee on Health Care & Wellness.

 

HB 1944  by Representative Haler

 

AN ACT Relating to vehicle license plate and registration fraud; reenacting and amending RCW 46.63.020; adding a new section to chapter 46.37 RCW; and prescribing penalties.

 

Referred to Committee on Transportation.

 

HB 1945  by Representative Clibborn

 

AN ACT Relating to a toll facility on Interstate 90 west of Interstate 405; adding a new section to chapter 47.56 RCW; and creating a new section.

 

Referred to Committee on Transportation.

 

HB 1946  by Representatives Hunt and Reykdal

 

AN ACT Relating to special parking privileges for persons with disabilities; amending RCW 46.19.030 and 46.19.050; creating a new section; and prescribing penalties.

 

Referred to Committee on Transportation.

 

HB 1947  by Representatives Cody and Hunter

 

AN ACT Relating to ensuring the ongoing sustainability and vitality of the Washington health benefit exchange by providing a financing mechanism sufficient to defray the exchange's operating expenses; amending RCW 43.71.010, 43.71.060, and 48.14.0201; adding a new section to chapter 43.71 RCW; and adding a new section to chapter 43.135 RCW.

 

Referred to Committee on Appropriations.

 

HB 1948  by Representatives Tharinger and Upthegrove

 

AN ACT Relating to nonsubstantive changes to programs relevant to the department of ecology designed to create administrative efficiency; amending RCW 43.21B.305, 70.93.200, 70.93.220, 70.93.250, 70.94.037, 70.95.130, 70.95.140, 70.95.230, 70.95.290, 70.95.530, 70.95C.220, 70.95E.010, 70.95E.040, 70.95I.080, 70.95J.025, 70.105.160, 70.105.180, 70.105.210, and 90.58.190; reenacting and amending RCW 43.21B.110, 43.21B.110, and 43.21B.300; repealing RCW 70.93.090, 70.94.505, and 70.95.545; providing an effective date; and providing an expiration date.

 

Referred to Committee on Environment.

 

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.

 

REPORTS OF STANDING COMMITTEES

 

February 15, 20130)

HB 1261             Prime Sponsor, Representative Hope: Establishing receiving care centers for emergency and crisis care for children removed from their homes.  Reported by Committee on Early Learning & Human Services

 

MAJORITY recommendation:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by Representatives Kagi, Chair; Freeman, Vice Chair; Walsh, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Farrell; Goodman; MacEwen; Overstreet; Roberts; Sawyer and Zeiger.

 

Passed to Committee on Rules for second reading.

 

February 15, 20130)

HB 1271             Prime Sponsor, Representative Jinkins: Concerning the practice of denturism.  Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by Representatives Cody, Chair; Jinkins, Vice Chair; Schmick, Ranking Minority Member; Hope, Assistant Ranking Minority Member; Angel; Clibborn; Green; Harris; Morrell; Riccelli; Short; Tharinger and Van De Wege.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Manweller and Ross.

 

Passed to Committee on Rules for second reading.

 

February 15, 20130)

HB 1284             Prime Sponsor, Representative Roberts: Concerning the rights of parents who are incarcerated or in residential substance abuse treatment.  Reported by Committee on Early Learning & Human Services

 

MAJORITY recommendation:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by Representatives Kagi, Chair; Freeman, Vice Chair; Walsh, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Farrell; Goodman; MacEwen; Overstreet; Roberts; Sawyer and Zeiger.

 

Passed to Committee on Rules for second reading.

 

February 15, 20130)

HB 1342             Prime Sponsor, Representative Walsh: Concerning the definition of work activity for the purposes of the WorkFirst program.  Reported by Committee on Early Learning & Human Services

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Kagi, Chair; Freeman, Vice Chair; Walsh, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Farrell; Goodman; MacEwen; Roberts; Sawyer and Zeiger.

 

MINORITY recommendation:  Do not pass.  Signed by Representative Overstreet.

 

Referred to Committee on Appropriations.

 

February 19, 20130)

HB 1364             Prime Sponsor, Representative Tharinger: Adopting the Washington small rechargeable battery stewardship act.  Reported by Committee on Environment

 

MAJORITY recommendation:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by Representatives Upthegrove, Chair; McCoy, Vice Chair; Farrell; Fey; Kagi; Liias; Morris and Tharinger.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Short, Ranking Minority Member; Pike, Assistant Ranking Minority Member; Crouse; Nealey and Overstreet.

 

Referred to Committee on Appropriations Subcommittee on General Government.

 

February 19, 20130)

HB 1400             Prime Sponsor, Representative Bergquist: Clarifying that service includes electronic distribution of hearing notices and orders in administrative proceedings.  Reported by Committee on Government Operations & Elections

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hunt, Chair; Bergquist, Vice Chair; Buys, Ranking Minority Member; Alexander; Carlyle; Fitzgibbon; Kristiansen; Manweller; Orwall and Van De Wege.

 

MINORITY recommendation:  Do not pass.  Signed by Representative Taylor, Assistant Ranking Minority Member.

 

Passed to Committee on Rules for second reading.

 

February 15, 20130)

HB 1441             Prime Sponsor, Representative Van De Wege: Addressing long-term care insurance.  Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Cody, Chair; Jinkins, Vice Chair; Schmick, Ranking Minority Member; Hope, Assistant Ranking Minority Member; Angel; Clibborn; Green; Harris; Manweller; Morrell; Riccelli; Ross; Short; Tharinger and Van De Wege.

 

Passed to Committee on Rules for second reading.

 

February 15, 20130)

HB 1471             Prime Sponsor, Representative Riccelli: Updating and aligning with federal requirements hospital health care-associated infection rate reporting.  Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Cody, Chair; Jinkins, Vice Chair; Schmick, Ranking Minority Member; Hope, Assistant Ranking Minority Member; Angel; Clibborn; Green; Harris; Manweller; Morrell; Riccelli; Ross; Short; Tharinger and Van De Wege.

 

Passed to Committee on Rules for second reading.

 

February 15, 20130)

HB 1480             Prime Sponsor, Representative Green: Concerning the provision of prescription drugs by direct practice providers.  Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by Representatives Cody, Chair; Jinkins, Vice Chair; Schmick, Ranking Minority Member; Hope, Assistant Ranking Minority Member; Angel; Clibborn; Green; Harris; Manweller; Morrell; Riccelli; Ross; Short; Tharinger and Van De Wege.

 

Passed to Committee on Rules for second reading.

 

February 15, 20130)

HB 1524             Prime Sponsor, Representative Roberts: Providing for juvenile mental health diversion and disposition strategies.  Reported by Committee on Early Learning & Human Services

 

MAJORITY recommendation:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by Representatives Kagi, Chair; Freeman, Vice Chair; Walsh, Ranking Minority Member; Farrell; Goodman; MacEwen; Roberts; Sawyer and Zeiger.

 

MINORITY recommendation:  Without recommendation.  Signed by Representatives Scott, Assistant Ranking Minority Member and Overstreet.

 

Passed to Committee on Rules for second reading.

 

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

 

SECOND READING

 

      HOUSE BILL NO. 1331, Representatives Riccelli, Zeiger, Tarleton, Seaquist, Buys, Sawyer, Tharinger, Stonier, Bergquist, Liias, Upthegrove, Freeman, Farrell, Springer, Roberts, Jinkins, Maxwell, Fagan, Magendanz, Santos, Pollet, Fitzgibbon, Moscoso, Morrell, Fey and Dahlquist

 

      Authorizing student advisory committees at institutions of higher education.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1331 was substituted for House Bill No. 1331 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1331 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 Riccelli, Zeiger, Liias, Haigh, Fitzgibbon and Pollet spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1331.

 

MOTION

 

On motion of Representative Van De Wege, Representative Freeman was excused.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute House Bill No. 1331, and the bill passed the House by the following vote: Yeas, 95; Nays, 1; Absent, 1; Excused, 1.

      Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, DeBolt, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

      Voting nay: Representative Overstreet.

      Absent: Representative Hope.

      Excused: Representative Freeman.

 

SUBSTITUTE HOUSE BILL NO. 1331, having received the necessary constitutional majority, was declared passed.

 

POINT OF PERSONAL PRIVILEGE

 

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

 

STATEMENT FOR THE JOURNAL

 

I intended to vote YEA on Substitute House Bill No. 1331.

Representative Hope, 44th District

 

SECOND READING

 

      HOUSE BILL NO. 1014, by Representatives McCoy, Appleton, Hunt, Hurst, Moscoso, Ryu, Sells, Dahlquist, Johnson, Zeiger, Fitzgibbon, Wilcox, Stanford, Hudgins, Haigh, Tharinger, Van De Wege, Morrell, Ormsby, Upthegrove, Pollet, Bergquist, Reykdal, Kochmar, Jinkins, O'Ban and Santos

 

      Recognizing "Native American Heritage Day."

 

      The bill was read the second time.

 

Representative Overstreet moved the adoption of amendment (8).

 

0)       On page 1, line 5, after "state" strike "since time immemorial" and insert "for over thirteen thousand years"

      On page 1, beginning on line 14, after "Native Americans." strike all material though "Washington." on page 2 line 3 and insert "Today we celebrate the important contributions Native Americans have made to the United States and the state of Washington."

      On page 2, line 32, after "Day;" strike "((the day immediately following Thanksgiving Day)) the Friday immediately following the fourth Thursday in November, to be known as Native American Heritage Day" and insert "the day immediately following Thanksgiving Day"

      On page 3, after line 28, insert "The legislature declares that the Friday immediately following the fourth Thursday in November shall be recognized as Native American Heritage Day but shall not be considered a legal holiday for any purposes."

 

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

 

Representative McCoy spoke against the adoption of the amendment.

 

Amendment (8) 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.

 

      Representatives McCoy, Angel, Zeiger, Wilcox and Ryu spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1014.

 

ROLL CALL

 

The Clerk called the roll on the final passage of House Bill No. 1014, and the bill passed the House by the following vote: Yeas, 93; Nays, 4; Absent, 0; Excused, 1.

Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Crouse, Dahlquist, DeBolt, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

Voting nay: Representatives Condotta, Overstreet, Shea and Taylor.

Excused: Representative Freeman.

 

HOUSE BILL NO. 1014, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 1277, by Representatives Sawyer, Zeiger, McCoy, Angel, Appleton, Morris, Kirby, Maxwell, Santos, Liias, Tarleton, Freeman, Morrell, Riccelli, Wilcox, Lytton, Jinkins, Ryu, Dahlquist, Fey, Pollet and Ormsby

 

      Concerning tribes holding conservation easements.

 

      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 Sawyer, Angel, Kirby, McCoy and Smith spoke in favor of the passage of the bill.

 

      Representatives Overstreet and Rodne spoke against the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1277.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 1277, and the bill passed the House by the following vote: Yeas, 75; Nays, 22; Absent, 0; Excused, 1.

      Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Carlyle, Clibborn, Cody, Dahlquist, DeBolt, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hayes, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Kochmar, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, O'Ban, Ormsby, Orwall, Pedersen, Pettigrew, Pollet, Reykdal, Riccelli, Roberts, Ross, Ryu, Santos, Sawyer, Schmick, Seaquist, Sells, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

      Voting nay: Representatives Buys, Chandler, Condotta, Crouse, Hargrove, Harris, Hawkins, Holy, Klippert, Kretz, Kristiansen, Nealey, Orcutt, Overstreet, Parker, Pike, Rodne, Scott, Shea, Short, Taylor and Vick.

      Excused: Representative Freeman.

 

HOUSE BILL NO. 1277, having received the necessary constitutional majority, was declared passed.

 

POINT OF PERSONAL PRIVILEGE

 

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

 

SECOND READING

 

      HOUSE BILL NO. 1319, by Representatives Johnson, McCoy, Ross, Hunt, Rodne, Orwall, Green, Jinkins, Upthegrove, Chandler, Orcutt, Pedersen, Vick, Roberts, Alexander, Klippert, Holy, Short, Morrell, Smith, Buys, Kochmar, Liias, Moeller, Appleton, Angel, Zeiger, O'Ban, Wilcox, Hurst, Van De Wege, Shea, Fagan, Bergquist, Moscoso, Tarleton, Freeman and Fey

 

      Recognizing a welcome home Vietnam veterans day.

 

      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 Johnson, McCoy, Smith, Shea, Angel and Kochmar spoke in favor of the passage of the bill.

 

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1319.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 1319, and the bill passed the House by the following vote: Yeas, 97; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Representatives Alexander, Angel, Appleton, Bergquist, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, DeBolt, Dunshee, Fagan, Farrell, Fey, Fitzgibbon, Goodman, Green, Habib, Haigh, Haler, Hansen, Hargrove, Harris, Hawkins, Hayes, Holy, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kirby, Klippert, Kochmar, Kretz, Kristiansen, Liias, Lytton, MacEwen, Magendanz, Manweller, Maxwell, McCoy, Moeller, Morrell, Morris, Moscoso, Nealey, O'Ban, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pedersen, Pettigrew, Pike, Pollet, Reykdal, Riccelli, Roberts, Rodne, Ross, Ryu, Santos, Sawyer, Schmick, Scott, Seaquist, Sells, Shea, Short, Smith, Springer, Stanford, Stonier, Sullivan, Takko, Tarleton, Taylor, Tharinger, Upthegrove, Van De Wege, Vick, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

      Excused: Representative Freeman.

 

HOUSE BILL NO. 1319, 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 HOUSE BILL NO. 1287, and the bill was referred to the Committee on Finance.

 

There being no objection, the Committee on Rules was relieved of HOUSE BILL NO. 1769, and the bill was referred to the Committee on Capital Budget.

 

There being no objection, the Committee on Agriculture & Natural Resources was relieved of HOUSE BILL NO. 1888, and the bill was referred to the Committee on Government Accountability & Oversight.

 

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

 

There being no objection, the House adjourned until 9:55 a.m., February 21, 2013, the 39th Day of the Regular Session.

 

FRANK CHOPP, Speaker

BARBARA BAKER, Chief Clerk

 

 

 

 

 

 

 

 




1014

Second Reading.................................................................................... 3

Amendment Offered............................................................................. 3

Third Reading Final Passage................................................................ 4

1261

Committee Report................................................................................ 1

1271

Committee Report................................................................................ 2

1277

Second Reading.................................................................................... 4

Third Reading Final Passage................................................................ 4

1284

Committee Report................................................................................ 2

1287

Other Action......................................................................................... 4

1319

Second Reading.................................................................................... 4

Third Reading Final Passage................................................................ 4

1331

Second Reading.................................................................................... 3

1331-S

Second Reading.................................................................................... 3

Third Reading Final Passage................................................................ 3

1342

Committee Report................................................................................ 2

1364

Committee Report................................................................................ 2

1400

Committee Report................................................................................ 2

1441

Committee Report................................................................................ 2

1471

Committee Report................................................................................ 2

1480

Committee Report................................................................................ 2

1524

Committee Report................................................................................ 2

1769

Other Action......................................................................................... 4

1888

Other Action......................................................................................... 4

1942

Introduction & 1st Reading.................................................................. 1

1943

Introduction & 1st Reading.................................................................. 1

1944

Introduction & 1st Reading.................................................................. 1

1945

Introduction & 1st Reading.................................................................. 1

1946

Introduction & 1st Reading.................................................................. 1

1947

Introduction & 1st Reading.................................................................. 1

1948

Introduction & 1st Reading.................................................................. 1

5147

Messages.............................................................................................. 1

HOUSE OF REPRESENTATIVES (Representative Moeller presiding)

Point of Personal Privilege   Representative Kirby.............................. 4

Point of Personal Privilege   Representative Ormsby.......................... 3

Statement for the Journal   Representative Hope................................. 3