HJ19

NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.

NINETEENTH DAY

__________

MORNING SESSION

__________

House Chamber, Olympia, Friday, January 29, 1993

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

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Brian Lawrence and Reed Henderson. Prayer was offered by Reverend Dan Mac Donald, Minister of Westside Alliance Church of Olympia.

The Speaker assumed the chair.

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

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

INTRODUCTIONS AND FIRST READING

HB 1453 by Representatives King, G. Cole, Horn, R. Johnson, Chandler, Vance, Brough, Miller, Ballasiotes, Foreman, Brumsickle, Wood, Van Luven, Springer, Silver, Cooke, Long, Morton, Sheahan, Talcott and Sehlin

AN ACT Relating to the definition of "acting in the course of employment" for industrial insurance; and amending RCW 51.08.013.

Referred to Committee on Commerce & Labor.

HB 1454 by Representatives King, G. Cole, Horn, Foreman, R. Johnson, Sheahan, Chandler, Vance, Brough, Miller, Ballasiotes, Brumsickle, Wood, Van Luven, Springer, Silver, Cooke, Long, Dyer, Morton, Talcott and Sehlin

AN ACT Relating to the definition of acting in the course of employment; and amending RCW 51.08.013.

Referred to Committee on Commerce & Labor.

HB 1455 by Representatives King, G. Cole, Lisk, Horn, Chandler and Springer

AN ACT Relating to industrial insurance appeals; and amending RCW 51.52.100.

Referred to Committee on Commerce & Labor.

HB 1456 by Representatives King, G. Cole, Lisk, R. Johnson, Horn, Foreman, Sheahan and Chandler

AN ACT Relating to self-insured employers; and amending RCW 51.32.055.

Referred to Committee on Commerce & Labor.

HB 1457 by Representatives Peery, Dorn, Brough, Brumsickle, Chappell, Leonard, Jones, Pruitt, Ogden, Basich, Rayburn, Karahalios, G. Cole, Springer, Locke, Eide, Mastin, Cothern, G. Fisher, Morris and H. Myers

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

Referred to Committee on Education.

HB 1458 by Representatives Zellinsky, Mielke, Dorn, R. Johnson and Fuhrman

AN ACT Relating to regulating the assignment of retail charge agreements; amending RCW 63.14.010; adding a new section to chapter 63.14 RCW; creating a new section; and declaring an emergency.

Referred to Committee on Financial Institutions & Insurance.

HB 1459 by Representatives Heavey, Wood, Lisk, G. Cole, Appelwick, Jacobsen, Basich, Ludwig, Morton, Dunshee, Grant, Thibaudeau, Franklin, R. Johnson, Brumsickle, Springer, Orr, Cooke, Veloria, Flemming, Dyer, Quall, Chandler, Dellwo, Ballasiotes, Pruitt, Karahalios, J. Kohl, Eide and Finkbeiner

AN ACT Relating to athletic trainers; amending RCW 18.130.040 and 7.70.020; adding a new chapter to Title 18 RCW; and prescribing penalties.

Referred to Committee on Commerce & Labor.

HB 1460 by Representatives Zellinsky, Mielke and R. Meyers; by request of Department of Licensing

AN ACT Relating to performance-based compensation of investment advisers; and amending RCW 21.20.030.

Referred to Committee on Financial Institutions & Insurance.

HB 1461 by Representatives Kremen, Miller, Jacobsen and Long

AN ACT Relating to extending the prohibition on mandatory local measured service; and amending RCW 80.04.130.

Referred to Committee on Energy & Utilities.

HB 1462 by Representatives Wang, Sommers, Jones, Ludwig, Morton, Basich and Quall

AN ACT Relating to the eligibility of solid waste projects in the public works trust fund; and amending RCW 43.155.010 and 43.155.020.

Referred to Committee on Capital Budget.

HB 1463 by Representatives Sheldon, King, Fuhrman, Holm, Foreman, Zellinsky, Orr, Chappell, Sehlin, Schmidt and Johanson

AN ACT Relating to Hood Canal fisheries; adding a new section to Title 77 RCW; and adding a new chapter to Title 75 RCW.

Referred to Committee on Fisheries & Wildlife.

HB 1464 by Representatives Horn, H. Myers, Edmondson, Rayburn, Bray, R. Fisher, Zellinsky and Springer

AN ACT Relating to local government; amending RCW 42.12.010, 43.06.010, 14.08.304, 28A.315.520, 29.15.050, 29.15.120, 29.15.200, 35.17.020, 35.17.400, 35.18.020, 35.18.270, 35.23.050, 35.23.240, 35.23.530, 35.24.050, 35.24.060, 35.24.100, 35.24.290, 35.27.100, 35.27.140, 35.61.050, 35A.01.070, 35A.02.050, 35A.02.130, 35A.06.020, 35A.06.030, 35A.06.050, 35A.12.010, 35A.12.040, 35A.12.050, 35A.12.060, 35A.12.180, 35A.13.010, 35A.13.020, 35A.14.060, 35A.14.070, 35A.15.040, 35A.16.030, 36.69.020, 36.69.070, 36.69.080, 36.69.090, 36.69.100, 36.69.440, 52.14.010, 52.14.015, 52.14.030, 52.14.050, 52.14.060, 53.12.140, 54.08.060, 54.12.010, 54.40.070, 56.12.020, 56.12.030, 57.02.050, 57.12.020, 57.12.030, 57.12.039, 57.32.022, 57.32.023, 68.52.100, 68.52.140, 68.52.160, 68.52.220, 70.44.040, 70.44.045, and 70.44.053; adding a new section to chapter 42.12 RCW; adding a new section to chapter 29.15 RCW; adding a new section to chapter 35.02 RCW; adding a new section to chapter 35A.29 RCW; adding a new section to chapter 56.12 RCW; adding a new section to chapter 68.52 RCW; and repealing RCW 35.61.060, 35.61.070, 35.61.080, 35A.02.001, 35A.02.100, 35A.02.110, 35A.14.060, 35A.15.030, 35A.16.020, 35A.29.010, 35A.29.020, 35A.29.030, 35A.29.040, 35A.29.050, 35A.29.060, 35A.29.070, 35A.29.080, 35A.29.090, 35A.29.100, 35A.29.105, 35A.29.110, 35A.29.140, 35A.29.150, 36.54.080, 36.54.090, 36.54.100, 36.69.060, 44.70.010, 53.12.047, 53.12.150, 57.02.060, 68.52.240, 70.44.051, 70.44.055, and 70.44.057.

Referred to Committee on Local Government.

HB 1465 by Representatives Kessler, Wineberry, Sheldon, Basich, Linville, Riley, Jones, Holm, Miller, Roland, Quall and Mastin

AN ACT Relating to continuing tax deferral programs; amending RCW 82.60.050, 82.61.040, 82.62.040, 82.60.020, 82.61.010, 82.61.070, and 82.62.010; and creating a new section.

Referred to Committee on Revenue.

HB 1466 by Representatives Jacobsen, Wang, Ludwig, G. Cole and Romero

AN ACT Relating to motorized wheelchair warranties; and adding a new chapter to Title 19 RCW.

Referred to Committee on Commerce & Labor.

HB 1467 by Representative Heavey

AN ACT Relating to establishing pension credit for law enforcement officers who are qualified under a prior pension system; adding a new section to chapter 41.26 RCW; and declaring an emergency.

Referred to Committee on Appropriations.

HB 1468 by Representatives King, Heavey, Dellwo, Brumsickle, Quall, Carlson, Jacobsen, Miller, Long, Locke, Bray, Leonard, Basich, Conway, Wood, Van Luven and Springer

AN ACT Relating to labor relations in institutions of higher education; amending RCW 41.58.020; adding a new chapter to Title 41 RCW; and providing an effective date.

Referred to Committee on Commerce & Labor.

HB 1469 by Representatives L. Johnson, Morris, Long and Thibaudeau

AN ACT Relating to reimbursement of medical costs for care provided to confined persons; amending RCW 70.48.130; and declaring an emergency.

Referred to Committee on Corrections.

HB 1470 by Representatives Wood, Brumsickle, Mielke, Johanson, Schmidt, Jones, Zellinsky, J. Kohl, Miller, R. Johnson, Kessler, Brough, Romero, Scott, R. Meyers, Quall, G. Cole, Carlson, Wineberry and Anderson

AN ACT Relating to suicide prevention; creating new sections; and making an appropriation.

Referred to Committee on Appropriations.

HB 1471 by Representatives King, Basich, Orr, Fuhrman, Brumsickle, Foreman and G. Cole

AN ACT Relating to non-Puget Sound coastal commercial crab fishery; amending RCW 75.30.050; adding new sections to chapter 75.30 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Fisheries & Wildlife.

HB 1472 by Representatives J. Kohl, G. Cole, Thibaudeau, Leonard, Anderson, Sommers, Wineberry, Wang, Appelwick, Jacobsen, Rust, Pruitt, Scott, L. Johnson and Valle

AN ACT Relating to handgun safety; amending RCW 9.41.090; adding new sections to chapter 9.41 RCW; and providing an effective date.

Referred to Committee on Judiciary.

HB 1473 by Representatives J. Kohl, Wang, G. Cole, Romero, Leonard, Thibaudeau, Wineberry, Appelwick, Jacobsen, Anderson, Rust, Pruitt, Scott, Springer, L. Johnson and Cothern

AN ACT Relating to handgun safety; amending RCW 9.41.070; adding new sections to chapter 9.41 RCW; and providing an effective date.

Referred to Committee on Judiciary.

HB 1474 by Representatives Pruitt, Vance, Anderson, Miller, King, Van Luven, Valle, Reams, Wineberry, Wood, Dellwo, Edmondson, Scott, Basich, Leonard, Rayburn, G. Cole, Ogden, Dunshee, Jacobsen, Kremen, Jones and J. Kohl

AN ACT Relating to citizen participation in the discussion of public issues; adding new sections to chapter 43.63A RCW; and providing an expiration date.

Referred to Committee on State Government.

HB 1475 by Representatives Locke, Basich, Brough, Brumsickle, Carlson, Casada, Chandler, G. Cole, Dellwo, Dunshee, Edmondson, Eide, Forner, Grant, Heavey, Holm, Jacobsen, Jones, J. Kohl, Leonard, Ogden, Pruitt, Quall, Reams, Riley, Schoesler, Sheldon, Shin, Silver, Sommers, Springer, Valle, Wang, Wineberry, Wood, Kessler, Campbell, Bray, King, Hansen, Kremen, Roland, Dorn, Thibaudeau, Rayburn, Miller, Karahalios, Ballasiotes, Foreman, L. Johnson, Horn, Johanson, G. Fisher, Cooke, Long, H. Myers, Talcott, Lisk and Anderson; by request of Employment Security Department

AN ACT Relating to the Washington service corps; amending RCW 50.65.040; repealing RCW 50.65.900; providing an effective date; and declaring an emergency.

Referred to Committee on Trade, Economic Development & Housing.

HB 1476 by Representatives Wineberry, Ballard, Shin, G. Cole, Brough, Ogden, Forner, J. Kohl, Veloria, Vance, Leonard, Casada, Miller, Ballasiotes, Foreman, Chandler, Wood, Cooke, H. Myers and Lisk; by request of Human Rights Commission

AN ACT Relating to meeting federal fair housing act requirements for housing equivalency; amending RCW 49.60.030, 49.60.120, 49.60.222, 49.60.223, 49.60.224, 49.60.225, 49.60.227, 49.60.230, 49.60.240, 49.60.250, 49.60.260, and 49.60.330; reenacting and amending RCW 49.60.040; adding new sections to chapter 49.60 RCW; and prescribing penalties.

Referred to Committee on Trade, Economic Development & Housing.

HB 1477 by Representatives Wood, Schmidt, R. Fisher, Mielke, Brumsickle, Ludwig, Casada and Shin

AN ACT Relating to fuel tax exemptions for power take-off units; and amending RCW 82.36.280 and 82.38.080.

Referred to Committee on Transportation.

HB 1478 by Representatives Schmidt, Zellinsky, R. Fisher, Orr and R. Meyers

AN ACT Relating to pilots' quarterly reports; and amending RCW 88.16.110.

Referred to Committee on Transportation.

HB 1479 by Representatives G. Fisher, Foreman, Wang and Anderson; by request of Department of Revenue

AN ACT Relating to the administration of the uniform unclaimed property act; and amending RCW 63.29.010, 63.29.130, 63.29.020, 63.29.165, 19.150.060, 19.150.080, 63.29.170, 63.29.190, 63.29.180, and 63.29.220.

Referred to Committee on Revenue.

HB 1480 by Representatives G. Fisher, Foreman, Wang and Springer; by request of Department of Revenue

AN ACT Relating to taxation of travel trailers and campers; amending RCW 82.50.530; and creating a new section.

Referred to Committee on Revenue.

HB 1481 by Representatives G. Fisher, Foreman, Wang and Quall; by request of Department of Revenue

AN ACT Relating to taxation of ships and vessels; amending RCW 82.49.060, 84.40.065, 84.40.150, 84.40.190, and 84.40.200; adding a new section to chapter 84.56 RCW; making an appropriation; prescribing penalties; and providing an effective date.

Referred to Committee on Revenue.

HB 1482 by Representatives Pruitt and R. Johnson; by request of Office of Financial Management

AN ACT Relating to imposing fees for certain forest practices; amending RCW 76.09.010, 76.09.040, 76.09.050, and 76.09.060; adding a new section to chapter 76.09 RCW; and declaring an emergency.

Referred to Committee on Natural Resources & Parks.

HB 1483 by Representatives Pruitt, R. Johnson and Kremen; by request of Office of Financial Management

AN ACT Relating to mines; adding new sections to chapter 78.44 RCW; repealing RCW 78.44.110; and declaring an emergency.

Referred to Committee on Natural Resources & Parks.

HB 1484 by Representatives King, Orr and Fuhrman; by request of Department of Wildlife

AN ACT Relating to the wildlife violator compact; adding a new section to chapter 77.21 RCW; adding a new section to chapter 75.10 RCW; and adding a new chapter to Title 77 RCW.

Referred to Committee on Fisheries & Wildlife.

HB 1485 by Representatives Brough, Holm, Forner, Sheldon, Vance, Schmidt, Talcott, Peery, Brumsickle, Ballard, Cooke, Wood, Casada, Stevens, Foreman, Schoesler, Eide, Miller, Campbell, Roland, Quall, Ballasiotes, Chandler, Van Luven, Horn, Dyer, Reams and Sehlin

AN ACT Relating to limiting property tax valuation increases for owner-occupied residences; adding a new chapter to Title 84 RCW; creating a new section; and providing a contingent effective date.

Referred to Committee on Revenue.

HB 1486 by Representative Brough

AN ACT Relating to electrical certificates of competency; amending RCW 19.28.540, 19.28.560, and 19.28.570; and repealing RCW 19.28.520 and 19.28.530.

Referred to Committee on Commerce & Labor.

HB 1487 by Representatives Sheahan, Rayburn, Chandler, Morton, Sheldon, Basich, Fuhrman, Horn, Padden, Long, Schoesler, Thomas, Schmidt, Forner, Edmondson, Foreman, Silver, Brumsickle, Stevens, Cooke, Van Luven, Reams, Dyer, Vance, Chappell, Kessler, Campbell, Brough, Hansen, Roland, Ballasiotes, Wood and Lisk

AN ACT Relating to requiring the mapping of regulated wetlands; adding new sections to chapter 36.70A RCW; and declaring an emergency.

Referred to Committee on Local Government.

HB 1488 by Representatives Sheahan, Sheldon, Brumsickle, Basich, Morton, Fuhrman, Schmidt, Schoesler, Padden, Edmondson, Stevens, Dyer, Vance, Chappell, Casada, Hansen, Ballasiotes, Foreman, Chandler, Wood, Van Luven, Morris and Lisk

AN ACT Relating to regulatory takings of private property; adding a new chapter to Title 8 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; and adding a new section to chapter 36.01 RCW.

Referred to Committee on Judiciary.

HB 1489 by Representatives Sheahan, Sheldon, Stevens, Basich, Tate, Edmondson, Forner, Rayburn, Ballasiotes, Sehlin, Schoesler, Morton, Van Luven, Foreman, Dyer, Brumsickle, Schmidt, Reams, Cooke, Silver, Mielke, Casada, Vance, Chappell, Kessler, Brough, Kremen, Roland, Chandler, Wood and Carlson

AN ACT Relating to driving while intoxicated; amending RCW 46.61.515; and prescribing penalties.

Referred to Committee on Judiciary.

HB 1490 by Representatives Wineberry, Forner, Shin, Sheldon, King, Karahalios, J. Kohl and Anderson

AN ACT Relating to child care; amending RCW 74.13.0903; creating a new section; and declaring an emergency.

Referred to Committee on Human Services.

HB 1491 by Representatives Wineberry, Scott, G. Cole, Heavey, Wood, R. Johnson, Karahalios, Quall, Ballasiotes, Conway, Foreman, Chandler, Edmondson, Brumsickle, Silver, Locke, Horn, J. Kohl, Johanson, Cothern, Cooke, Long, Carlson, Valle, Talcott, Lisk, Finkbeiner and Anderson

AN ACT Relating to tax credits for employer-sponsored child care facilities; and adding a new section to chapter 82.04 RCW.

Referred to Committee on Revenue.

HB 1492 by Representatives Wineberry, Forner, Sheldon, Kremen, Pruitt, Linville, Springer, J. Kohl, Morris and Valle

AN ACT Relating to including economic development in growth management planning; and amending RCW 36.70A.070.

Referred to Committee on Trade, Economic Development & Housing.

HB 1493 by Representatives Wineberry, Forner, Shin, Sheldon, Leonard, Basich, Locke, J. Kohl, Morris and Anderson

AN ACT Relating to minority and women-owned businesses; amending RCW 43.31.085, 43.31.055, and 39.19.030; and adding a new chapter to Title 43 RCW.

Referred to Committee on Trade, Economic Development & Housing.

HB 1494 by Representatives Wineberry, Sheldon, Springer, Morris, Schoesler, Chandler, Casada, Quall, Forner, Foreman, Hansen, Shin, Locke, Brough, Roland, Fuhrman, Miller, Ballasiotes, Edmondson, Van Luven, Silver, Cooke, Long, Dyer, Sheahan, Talcott, Lisk and Rayburn

AN ACT Relating to review of administrative rules; adding new sections to chapter 19.85 RCW; and creating a new section.

Referred to Committee on Trade, Economic Development & Housing.

HB 1495 by Representatives Dorn, Brough, Ogden, Rayburn, G. Cole, Springer and G. Fisher

AN ACT Relating to distribution of local effort assistance funds; and amending RCW 28A.500.010.

Referred to Committee on Education.

HB 1496 by Representatives Dellwo and Rayburn

AN ACT Relating to employment agencies; and amending RCW 19.31.020, 19.31.030, 19.31.040, 19.31.150, 19.31.170, 19.31.190, and 19.31.245.

Referred to Committee on Commerce & Labor.

HB 1497 by Representatives Dellwo and Rayburn

AN ACT Relating to accredited foreign branch campuses; and adding a new chapter in Title 28B RCW.

Referred to Committee on Higher Education.

HB 1498 by Representatives Dellwo and Rayburn

AN ACT Relating to motor vehicles transporting lightweight packages; and adding a new section to chapter 81.80 RCW.

Referred to Committee on Transportation.

HB 1499 by Representatives Jacobsen, R. Fisher, Rayburn, Quall, J. Kohl and Anderson

AN ACT Relating to higher education; adding a new section to chapter 28B.10 RCW; and creating a new section.

Referred to Committee on Higher Education.

HB 1500 by Representatives R. Johnson, Dyer, L. Johnson, Mastin and Rayburn

AN ACT Relating to hearing aids; amending RCW 18.35.010, 18.35.050, 18.35.060, 18.35.110, 18.35.140, 18.35.150, 18.35.161, 18.35.170, 18.35.185, 18.35.220, and 18.35.240; and adding a new section to chapter 18.35 RCW.

Referred to Committee on Health Care.

HB 1501 by Representatives Silver, Jacobsen, Ballasiotes, Brumsickle, Carlson, Mielke, Talcott, Dyer, Cooke, Hansen, Jones, Rayburn, Quall, Padden and Wood

AN ACT Relating to higher education; and adding a new section to chapter 28B.10 RCW.

Referred to Committee on Higher Education.

HB 1502 by Representatives Silver, Horn, Long, Foreman, Cooke, Stevens, Vance, Brough, Casada, Rayburn, Miller, Chandler, Padden, Edmondson, Brumsickle, Wood, Sheldon, Morton, Schoesler, Sheahan and Lisk

AN ACT Relating to greater fiscal responsibility and accountability during the budget adoption process by providing for a modified zero-base budget review; adding new sections to chapter 43.88 RCW; and declaring an emergency.

Referred to Committee on Appropriations.

HB 1503 by Representatives Ogden, Long, Carlson, G. Cole, Wolfe, L. Johnson, J. Kohl, Wood, R. Johnson, Brough, Casada, Jones, Thibaudeau, Rayburn, Cothern and Anderson

AN ACT Relating to the instruction in Braille reading and writing to blind students; and adding new sections to chapter 28A.155 RCW.

Referred to Committee on Education.

HB 1504 by Representatives Wang, Jacobsen, Romero, Wolfe, Rayburn and Morris; by request of Evergreen State College

AN ACT Relating to disposition of certain normal school fund revenues; and amending RCW 28B.35.751.

Referred to Committee on Capital Budget.

HB 1505 by Representatives Heavey, Kremen, King, Lisk, G. Cole, Linville, Springer, Vance, R. Johnson and Rayburn

AN ACT Relating to registration of contractors; amending RCW 18.27.010, 18.27.100, 18.27.102, and 18.27.110; and creating a new section.

Referred to Committee on Commerce & Labor.

HB 1506 by Representatives Silver, Talcott, Mielke, Brumsickle, Dyer, Morton, Ballasiotes, Forner, Casada, Foreman and Rayburn

AN ACT Relating to the legislative budget committee; and amending RCW 43.88.160.

Referred to Committee on State Government.

HB 1507 by Representatives Zellinsky, Ballard, Chappell, Van Luven, R. Johnson, Campbell, R. Meyers, Rayburn, Springer and Sheldon

AN ACT Relating to abandoned, unauthorized, or junk vehicles; adding a new section to chapter 46.55 RCW; and prescribing penalties.

Referred to Committee on Transportation.

HB 1508 by Representatives Zellinsky, Pruitt and Rayburn

AN ACT Relating to prescription claims insurance coverage; adding a new section to chapter 48.20 RCW; adding a new section to chapter 48.21 RCW; adding a new section to chapter 48.44 RCW; adding a new chapter to 48.46 RCW; creating a new section; and declaring an emergency.

Referred to Committee on Financial Institutions & Insurance.

HB 1509 by Representatives Locke, Sommers, Silver, Jacobsen, Ludwig, Bray and Rayburn

AN ACT Relating to increasing flexibility of institutions of higher education to manage personnel, construction, purchasing, printing, and tuition; amending RCW 43.19.190, 43.19.1906, 43.78.030, 43.78.100, 43.78.110, 28B.50.330, 28B.10.350, 28B.10.355, 39.04.020, 39.04.150, 28B.15.031, 28B.15.067, 28B.15.070, 28B.15.202, 28B.15.402, 28B.15.502, 41.56.100, 28B.16.040, 28B.16.100, and 28B.16.200; reenacting and amending RCW 41.56.030; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 43.78 RCW; adding a new section to chapter 39.04 RCW; adding a new section to chapter 28B.15 RCW; adding new sections to chapter 41.56 RCW; adding a new section to chapter 28B.16 RCW; creating new sections; repealing RCW 28B.15.824 and 28B.16.230; making an appropriation; providing an effective date; and declaring an emergency.

Referred to Committee on Appropriations.

HB 1510 by Representatives Romero, H. Myers, Edmondson, Bray and Rayburn

AN ACT Relating to the use of charge cards by officers and employees of municipal corporations and political subdivisions; and amending RCW 42.24.115.

Referred to Committee on Local Government.

HB 1511 by Representatives Heavey, Dorn, Miller, Karahalios, King, Carlson, Locke, Appelwick, Jones, Ogden, Thibaudeau, Rayburn, Van Luven and G. Fisher

AN ACT Relating to restoring local control of educational employees' salaries; reenacting and amending RCW 28A.400.200; and repealing RCW 41.59.935.

Referred to Committee on Commerce & Labor.

HB 1512 by Representatives Brough, Leonard, Chappell, Romero, Veloria, Riley, Karahalios, Horn, Wolfe, Ballasiotes, Talcott, G. Cole, Flemming, Rayburn and J. Kohl

An act relating to dependant children; and amending RCW 13.34.130, 13.34.145, 13.34.180, and 13.34.232.

Referred to Committee on Human Services.

HB 1513 by Representatives Zellinsky, Eide, Sheldon, Schmidt and Rayburn; by request of Department of Licensing

AN ACT Relating to vessel dealer registration; amending RCW 88.02.010 and 88.02.050; adding a new chapter to Title 88 RCW; recodifying RCW 88.02.230; repealing RCW 88.02.023, 88.02.060, 88.02.078, 88.02.112, 88.02.115, 88.02.118, 88.02.125, 88.02.184, 88.02.188, 88.02.210, and 88.02.220; and prescribing penalties.

Referred to Committee on Commerce & Labor.

HB 1514 by Representatives Kessler, Jacobsen, Basich, Jones, Holm, Sheldon, Riley and Rayburn

AN ACT Relating to the Olympic natural resources center; adding new sections to chapter 76.12 RCW; adding a new section to chapter 28B.20 RCW; and repealing RCW 76.12.220.

Referred to Committee on Natural Resources & Parks.

HB 1515 by Representatives Ludwig, Jacobsen, L. Johnson, Ogden, Sehlin, Hansen, Wood, Eide, Rayburn, Lisk, Bray, Edmondson, Grant, Basich, G. Fisher, Quall, Sheldon, Mastin and Long

AN ACT Relating to higher education; and amending RCW 28B.15.031.

Referred to Committee on Higher Education.

HB 1516 by Representatives Ludwig, Rayburn, Mastin, Lisk, Bray, Kremen, Dorn, Flemming, Basich, Morris, Kessler, Schmidt, Vance, Mielke, Ballasiotes, Johanson, Finkbeiner, Chandler, Hansen, Orr, Grant, Lemmon, Romero, Chappell, Forner, Tate, Campbell, Van Luven, Edmondson, G. Fisher, Sehlin, Holm, Brough, Casada, Scott, R. Meyers, Fuhrman, Miller, Karahalios, Foreman, Brumsickle, Wood, Silver, Long, Holm, Cothern, Valle and Talcott

AN ACT Relating to sentencing for crimes committed by gang members; amending RCW 9.94A.390; reenacting and amending RCW 9.94A.030; prescribing penalties; providing an effective date; and declaring an emergency.

Referred to Committee on Judiciary.

HB 1517 by Representatives Valle and Rayburn

AN ACT Relating to the organization of the liquor control board; amending RCW 66.04.010, 66.08.012, 66.08.014, 66.08.020, 66.08.030, 66.08.050, 66.08.150, 10.93.020, 19.02.050, 43.03.028, 43.17.010, 43.17.020, 42.17.2401, and 43.82.010; adding new sections to chapter 66.08 RCW; creating new sections; repealing RCW 66.08.016; and providing an effective date.

Referred to Committee on State Government.

HB 1518 by Representatives Valle, Dunshee, Pruitt, Rust, J. Kohl, Holm, Jacobsen, Linville, Rayburn and Eide

AN ACT Relating to the water trail recreation program; adding new sections to chapter 43.51 RCW; and prescribing penalties.

Referred to Committee on Natural Resources & Parks.

HB 1519 by Representatives Ballard and Rayburn

AN ACT Relating to housing affordability and regulatory reform; and adding a new chapter to Title 43 RCW.

Referred to Committee on Trade, Economic Development & Housing.

HB 1520 by Representatives Holm, Brumsickle, Wolfe, Chappell, Sheldon, Romero, Dorn, Basich, Kessler, Jones, Zellinsky, Pruitt, Brough, Cothern, Riley, King, R. Meyers, Rayburn and Quall; by request of Superintendent of Public Instruction

AN ACT Relating to skill centers; and adding a new chapter to Title 28C RCW.

Referred to Committee on Education.

HB 1521 by Representative Valle; by request of Office of Financial Management

AN ACT Relating to funding for the state auditor's office; amending RCW 43.09.230 and 43.09.270; providing an effective date; and declaring an emergency.

Referred to Committee on Appropriations.

HB 1522 by Representatives Holm, Kessler, Jones, Basich, Rayburn and Quall; by request of Office of Financial Management

AN ACT Relating to community economic development; adding new sections to chapter 43.63A RCW; and repealing RCW 43.165.020, 43.165.030, 43.165.040, 43.165.050, 43.165.060, 43.165.070, 43.165.080, 43.165.090, 43.165.100, 43.165.900, 43.165.901, 43.31.097, 43.63A.075, 43.63A.078, 43.63A.230, 43.63A.440, 43.63A.450, and 43.63A.560.

Referred to Committee on Trade, Economic Development & Housing.

HB 1523 by Representatives Locke, Silver and Valle; by request of Office of Financial Management

AN ACT Relating to adjusting pension contribution rates to reflect the state actuary's 1991 valuations; amending RCW 41.45.0601 and 41.45.060; providing an effective date; and declaring an emergency.

Referred to Committee on Appropriations.

HB 1524 by Representatives Locke, Silver and Valle; by request of Office of Financial Management

AN ACT Relating to fiscal matters; amending 1991 sp.s. c 16 ss 126, 201, 221, 225, 317, and 802 (uncodified); amending 1992 c 232 ss 112, 117, 118, 129, 136, 141, 152, 201, 202, 203, 205, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 222, 224, 228, 229, 230, 303, 306, 307, 311, 312, 313, 314, 402, 502, 503, 504, 508, 517, 518, 520, 613, 706, 707, 708, and 802 (uncodified);

Referred to Committee on Appropriations.

HB 1525 by Representatives Locke, Silver and Valle; by request of Office of Financial Management

AN ACT Relating to fiscal matters; making appropriations and authorizing expenditures for the operations of state agencies for the fiscal biennium beginning July 1, 1993, and ending June 30, 1995; amending RCW 43.08.250 and 43.51.280; providing an effective date; and declaring an emergency.

Referred to Committee on Appropriations.

HB 1526 by Representatives Locke, Silver and Valle; by request of Office of Financial Management

AN ACT Relating to the budget stabilization account; making an appropriation; and declaring an emergency.

Referred to Committee on Appropriations.

HB 1527 by Representatives Linville and Locke; by request of Office of Financial Management

AN ACT Relating to funding of the dependent care program; amending RCW 41.04.615 and 41.04.260; providing an effective date; and declaring an emergency.

Referred to Committee on Appropriations.

HB 1528 by Representatives Dunshee, Locke and R. Meyers; by request of Office of Financial Management

AN ACT Relating to cash management; amending RCW 43.41.040, 43.79A.040, 43.84.092, 43.88.160, 43.88.195, and 67.40.020; adding a new section to chapter 43.41 RCW; adding a new section to chapter 43.08 RCW; creating a new section; repealing RCW 41.04.240, 43.08.085, and 28B.10.290; providing an effective date; and declaring an emergency.

Referred to Committee on Appropriations.

HB 1529 by Representatives Springer, Morton, Chappell, Holm, Campbell, King, Jones, Basich, Rayburn, Sheldon and Kessler; by request of Office of Financial Management

AN ACT Relating to the reauthorization of timber programs under chapters 314 and 315, Laws of 1991; amending RCW 43.160.200, 50.22.090, 43.31.611, 43.31.621, 43.31.631, and 50.12.270; amending 1991 c 314 s 26 (uncodified); amending 1991 c 314 s 32 (uncodified); amending 1991 c 314 s 33 (uncodified); and amending 1991 c 315 s 2 (uncodified).

Referred to Committee on Trade, Economic Development & Housing.

HB 1530 by Representatives Morris, Foreman, Springer, Ogden, Carlson, Riley, Silver, Leonard, Chappell, H. Myers, Rayburn, Mastin, Thibaudeau, Anderson, Holm, Campbell, Brough, King, Hansen, Jones, Basich, Quall, Conway, Van Luven, Cothern, Long and Finkbeiner

AN ACT Relating to property tax exemptions for retired persons confined to hospitals and nursing homes; amending RCW 84.36.381; creating a new section; and declaring an emergency.

Referred to Committee on Revenue.

HB 1531 by Representatives Veloria, Lisk, R. Johnson, Jacobsen, King, Jones, Pruitt, Karahalios, Quall, Van Luven, Valle, Eide and Anderson

AN ACT Relating to licensure of physical therapist assistants who are supervised by physical therapists; amending RCW 18.74.010, 18.74.020, 18.74.027, 18.74.060, 18.74.070, and 18.74.090; reenacting and amending RCW 18.74.023; and adding new sections to chapter 18.74 RCW.

Referred to Committee on Health Care.

HB 1532 by Representatives Veloria, Lisk, R. Johnson, Jacobsen, King, Pruitt, Karahalios, Quall, Van Luven, Long, Eide and Anderson

AN ACT Relating to interim permits for applicants for physical therapist licenses; and adding a new section to chapter 18.74 RCW.

Referred to Committee on Health Care.

HB 1533 by Representatives H. Myers, Jacobsen, Ogden, Brumsickle, Wood and Quall

AN ACT Relating to classification as a resident student; and reenacting and amending RCW 28B.15.012.

Referred to Committee on Higher Education.

HJM 4006 by Representatives R. Johnson, Ballasiotes, Kessler, Linville, Johanson, Orr, Bray, Rust, Zellinsky, Sheldon, Chappell, Campbell, Brough, Jacobsen, King, Jones, Kremen, R. Meyers, Pruitt, Quall, Van Luven, J. Kohl, Wineberry, Finkbeiner and Anderson

Requesting that Victoria, British Columbia adopt a plan for treating its sewage.

Referred to Committee on Environmental Affairs.

HJM 4007 by Representatives Bray, Ludwig, Lisk, Grant, Mastin and Rayburn

Petitioning Congress and the Secretary of Energy to name the Hanford and Lands Ecology Reserve after Richard Fitzner and Les Eberhardt.

Referred to Committee on Energy & Utilities.

HJR 4205 by Representatives Brough, Holm, Forner, Sheldon, Vance, Cooke, Talcott, Peery, Schmidt, Foreman, Ballard, Wood, Schoesler, Stevens, Casada, Eide, Miller, Campbell, Kremen, Basich, Chandler, Brumsickle, Van Luven, Horn, Reams and Finkbeiner

Amending the Constitution to allow the legislature to limit increases in taxation of real estate.

Referred to Committee on Revenue.

HCR 4410 by Representatives Pruitt, J. Kohl, Veloria, Bray and Linville

Establishing a joint select committee on alternative futures.

Referred to Committee on State Government.

MOTION

On motion of Representative Peery, the bills, memorials and resolutions listed on today'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 fifth order of business.

REPORTS OF STANDING COMMITTEES

January 29, 1993

HB 1003 Prime Sponsor, Representative Riley: Concerning judicial proceedings for involuntary commitment or detention. Reported by Committee on Local Government

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives H. Myers, Chair; Bray, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Rayburn; Romero; Springer; Van Luven; and Zellinsky.

Passed to Committee on Rules for second reading.

January 29, 1993

HB 1020 Prime Sponsor, Representative Springer: Clarifying the authority of towns to manage property. Reported by Committee on Local Government

MAJORITY recommendation: Do pass. Signed by Representatives H. Myers, Chair; Bray, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Rayburn; Romero; Springer; Van Luven; and Zellinsky.

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

Passed to Committee on Rules for second reading.

January 29, 1993

HB 1027 Prime Sponsor, Representative Bray: Revising bidding practices of municipalities. Reported by Committee on Local Government

Excused: Representative Zellinsky

Passed to Committee on Rules for second reading.

January 29, 1993

HB 1042 Prime Sponsor, Representative King: Requiring collection of ballast discharge data. Reported by Committee on Fisheries & Wildlife

MAJORITY recommendation: Do pass. Signed by Representatives King, Chair; Orr, Vice Chair; Fuhrman, Ranking Minority Member; Sehlin, Assistant Ranking Minority Member; Basich; Chappell; Foreman; and Scott.

Excused: Representative Lemmon

Passed to Committee on Rules for second reading.

January 29, 1993

HB 1062 Prime Sponsor, Representative Rayburn: Repealing the sunset provisions for the IMPACT center. Reported by Committee on Agriculture & Rural Development

MAJORITY recommendation: Do pass. Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Chandler, Ranking Minority Member; Schoesler, Assistant Ranking Minority Member; Chappell; Foreman; Grant; Karahalios; Lisk; and Roland.

Passed to Committee on Rules for second reading.

January 29, 1993

HB 1066 Prime Sponsor, Representative Bray: Contracting by water and sewer districts. Reported by Committee on Local Government

MAJORITY recommendation: Do pass. Signed by Representatives H. Myers, Chair; Bray, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Rayburn; Romero; Springer; Van Luven; and Zellinsky.

Passed to Committee on Rules for second reading.

January 29, 1993

HB 1082 Prime Sponsor, Representative Heavey: Combating student alcohol abuse in colleges and universities. Reported by Committee on Commerce & Labor

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Franklin; Horn; King; Springer; and Veloria.

Passed to Committee on Rules for second reading.

January 29, 1993

HB 1125 Prime Sponsor, Representative Heavey: Prohibiting certain lottery activities. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Franklin; Horn; and Veloria.

MINORITY recommendation: Do not pass. Signed by Representatives King and Springer.

Passed to Committee on Rules for second reading.

January 29, 1993

HB 1219 Prime Sponsor, Representative Orr: Creating the public works administration account. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass with the following amendments: On page 2, line 18, after "account" insert ", not including moneys transferred from the account as required in RCW 39.12.070," On page 2, beginning on line 21, after "RCW." strike all material through "designee" on line 23 and insert "Only the director of the department of labor and industries or the director's designee may authorize expenditures from the account"

Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Franklin; King; Springer; and

Veloria.

MINORITY recommendation: Do not pass. Signed by Representatives Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; and Horn.

Passed to Committee on Rules for second reading.

January 29, 1993

HB 1295 Prime Sponsor, Representative Orr: Recodifying RCW 41.26.281. Reported by Committee on Commerce & Labor

Passed to Committee on Rules for second reading.

January 29, 1993

HCR 4403 Prime Sponsor, Representative Heavey: Advocating the creation of a task force to study issues on gambling. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass with the following amendments: On page 2, line 4, after "of" strike all material through "committee." on line 10 and insert "ten voting members, three members from the majority caucus and two members from the minority caucus of the Senate, appointed by the President of the Senate; at least one member from each caucus shall be a member of the Senate labor and commerce committee; and three members from the majority caucus and two members from the minority caucus of the House of Representatives, appointed by the Speaker of the House of Representatives; at least one member from each caucus shall be a member of the House commerce and labor committee."

Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Franklin; Horn; King; Springer; and Veloria.

Passed to Committee on Rules for second reading.

MOTION

On motion of Representative Peery, the bills and resolution listed on today's committee reports under the fifth order of business were referred to the committees so designated.

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

RESOLUTION

HOUSE RESOLUTION NO. 93-4606, by Representatives Shin, Wang, Veloria, Locke, Flemming, Hansen, Basich, Sehlin, Karahalios, Dunshee, Long, Cooke, Silver, Forner, Fuhrman, Lemmon, Brown, Wolfe, Riley, Wineberry, Morton, Chappell, Ogden, Quall, Rust, Pruitt, Schoesler, Conway, Rayburn, Springer, H. Myers, Campbell, Leonard, Edmondson, Foreman, Cothern, J. Kohl, Horn, Carlson and

Dyer

WHEREAS, Saturday, January 23rd was the beginning of the New Year on the Lunar Calendar; and

WHEREAS, The Lunar New Year is an internationally recognized holiday, celebrated throughout Asia and the Asian-American community; and

WHEREAS, It includes ancient traditions in celebration of prosperity, health, and good luck for the new year; and

WHEREAS, There are over two hundred eleven thousand Asian-Americans in Washington State; and

WHEREAS, There is tremendous potential for these citizens to contribute to the prosperity of Washington State; and

WHEREAS, Washington State has a great interest in maintaining two-way trade relations with Pacific Rim countries;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor this holiday and Asian-Americans residing in Washington State; and

BE IT FURTHER RESOLVED, That this is the year of the rooster, symbolic of diligence, hard work, and prosperity; and

BE IT FURTHER RESOLVED, That as the year of the rooster symbolizes these qualities, may they also be realized in the State of Washington.

Representative Shin moved adoption of the resolution. Representative Shin spoke in favor of the resolution.

House Resolution No. 4606 was adopted.

RESOLUTION

HOUSE RESOLUTION NO. 93-4605, by Representatives Wineberry, Carlson, Ballard, Sommers, Talcott, Heavey, Peery, Mastin, Shin, Forner, Schoesler, Springer, Dunshee, Edmondson, Romero, Reams, Valle, Quall, Morris, H. Myers, Linville, Jacobsen, Sheldon, Holm, Grant, Dellwo, Pruitt and Silver

WHEREAS, Thurgood Marshall dedicated his entire life to equality and justice for all; and

WHEREAS, Throughout his legal career, including twenty-nine victories in thirty-two arguments before the Supreme Court, Thurgood Marshall never strayed from his goal of achieving civil rights for all people; and

WHEREAS, Thurgood Marshall provided a monumental new educational opportunity for all children by successfully arguing before the United States Supreme Court in 1954 the case of "Brown v. Board of Education", proving that "separate but equal" was inherently unequal; and

WHEREAS, Of the one hundred fifty opinions he authored after his appointment to the 2nd United States District Circuit Court of Appeals by President Kennedy, not one was overturned; and

WHEREAS, Thurgood Marshall served with distinction as a member of the 2nd United States Circuit Court of Appeals from 1961 to 1965, as Solicitor General of the United States from 1965 to 1967, and as the first African-American Justice to the United States Supreme Court from 1967 until his retirement in 1991; and

WHEREAS, Mr. Justice Marshall died on Sunday, January 24, 1993, at the age of eighty-four; and

WHEREAS, Justice Thurgood Marshall continues to provide inspiration for all of us to rise above our private interests to help make our society a better place for everyone, regardless of race; and

WHEREAS, In his passing America has lost one of its greatest champions of equality, justice, and liberty;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives, along with the people of our state, pay homage to they of one of America's greatest citizens, Mr. Justice Thurgood Marshall.

Representative Wineberry moved adoption of the resolution. Representatives Wineberry, Carlson, Foreman and R. Meyers spoke in favor of the resolution.

House Resolution No. 4605 was adopted.

MESSAGE FROM THE GOVERNOR

COMMUTATION OF SENTENCE

for

Tamera Schoen (a.k.a Kristy Williams)

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:

On January 17, 1992, Tamera Schoen was sentenced by the Superior Court for King County for the State of Washington to a term of 43 months in prison after being found guilty on December 9, 1991, of numerous counts of Possessing Stolen Property.

Ms. Schoen is terminally ill. She has been diagnosed with adenocarcinoma (cancer) of unknown primary origin which has metastasized to the liver. As of October 30, 1992, her medical oncologist and primary physician indicated that she is not a surgical candidate and that the goal of therapy is to preserve the quality of her life as long as possible with analgesics and chemotherapy. Ms. Schoen is tentatively scheduled for chemoembolization of her adenocarcinoma at Tacoma General Hospital on December 7, 1992. This hospitalization will require a three to four-day stay at Tacoma General Hospital.

On December 3, 1992, the Clemency and Pardons Board met to review the clemency petition presented on behalf of Ms Tamera Schoen. The Board voted unanimously to recommend that the Governor grant clemency to Ms. Schoen so that she can be transferred to a hospice situation immediately following her hospitalization at Tacoma General Hospital.

A hospice arrangement has been made in the home of Ms. Cynthia Locke. Ms. Locke is a resident of Snohomish County and presently resides at 19918 Damson Road, Lynnwood, Washington. Ms. Locke is a registered nurse and is licensed in the State of Washington. Ms. Locke has been providing adult in-home hospice care.

Because of the medical condition of Ms. Schoen, this is an extraordinary case and justifies granting clemency at this time for the remainder of Ms. Schoen's sentence.

The period of this clemency shall begin from the time of release from the hospital following the tentatively scheduled chemoembolization on or following December 7, 1992. If the necessary hospitalization is delayed, this clemency shall be effective in a delayed fashion to coincide with her release from the hospital following the medical procedure. In the event that her physician certifies that she is unable to receive the chemoembolization at any point in the foreseeable future due to her medical condition, she shall be released from the Department of Corrections to the hospice in-home care provided by Ms. Cynthia Locke no later than December 14, 1992.

During the pendency of this placement, a community corrections officer will monitor the placement on a periodic basis.

NOW, THEREFORE, I, Booth Gardner, Governor of the State of Washington, by virtue of the authority vested in me by the laws of the State of Washington, do hereby grant the clemency for Tamera Schoen, Department of Corrections #940821, for her conviction for several counts of Possession of Stolen Property, pursuant to the conditions set forth herein.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia, this 4th day of December, A.D. nineteen hundred and ninety-two.

Booth Gardner, Governor of Washington.

(SEAL)

CONDITIONAL COMMUTATION ORDER

Arlyn Davis

On September 30, 1981, Arlyn Davis, and his co-defendant, John Wright, entered pleas of guilty to the crime of First Degree Murder. The crime occurred on March 22, 1981. Arlyn Davis was 15 years old at the time, having turned 15 years old on March 20, 1981. John Wright, the co-defendant, was 16 years old.

The victim was a 36-year-old man who had offered Mr. Davis a ride when Mr. Davis was hitchhiking several months prior to the date of this offense. The victim offered to give Mr. Davis drugs and assistance at any time he needed them, as Mr. Davis was running away from home. Mr Davis subsequently contacted the victim who did supply him with drugs. This eventually led to Mr. Davis' involvement in homosexual activity with the victim, and ultimately the victim became Mr. Davis' pimp. The victim encouraged Mr. Davis to recruit other young men, one of which was John Wright. Mr. Wright and Mr. Davis concluded that they needed to get out of the situation and made the decision to steal money from the victim, buy plane tickets, and go to Florida. During the robbery attempt, the victim resisted and was choked with an electrical cord by Mr. Wright. Both defendants planned and executed the robbery, although there had been no plan to take the life of the victim. The two boys received $11,000 as a result of the robbery, but were apprehended at SeaTac Airport before they could leave for Florida. The $11,000 was fully recovered.

Mr. Davis was sentenced to life in prison. The Thurston County prosecuting attorney, Patrick Sutherland, and the sentencing judge, Gerry Alexander, both recommended to the parole board that the minimum term be set at its lowest possible level, which was 20 years at the time of sentencing. Mr Davis' Sentencing Reform Act guideline range is 240 to 320 months. He has jail time credits of 191 days, and therefore, has an adjusted guideline range of 233 to 313 months. The indeterminate Sentence Review Board set Mr. Davis duration of confinement at 240 months, as mandated by statute.

From the time that Mr. Davis arrived at the Walla Walla State Penitentiary in 1987 to the present time, he has been free of any infractions. Prior to being sent to Walla Walla, Mr. Davis married his girlfriend, Patty, in 1985. From that time on, Mr. Davis began to rehabilitate himself. Mr. Davis was involved with and completed both mental health counseling and drug treatment counseling. He completed his high school diploma and has taken various college classes. He is employed as the inventory manager and purchaser for institutional industries at Walla Walla.

A psychological evaluation of Mr. Davis was completed on September 29, 1992, by Dr. Ronald D. Page, clinical psychologist. Dr. Page is supportive of clemency for Mr. Davis.

The Thurston County prosecuting attorney, Patrick Sutherland, investigated Mr. Davis' progress at Walla Walla thoroughly by both conferring with Mr. Davis' counselor at Walla Walla and examining his institutional file. Prosecutor Sutherland recommends that Mr. Davis be considered for clemency.

At the request of the Clemency and Pardons Board, the Indeterminate Sentence Review Board conducted an investigation into Mr. Davis' "paroleability" and conducted a hearing on that issue on October 23, 1992. At that hearing, the Department of Corrections was represented and took the position that it had no objection to clemency. After its investigation, the Indeterminate Sentence Review Board supported and encouraged a grant of clemency to Mr Davis who is now 26 years of age.

The parents of Mr. Davis, Edward and Nicolette Davis, have been supportive of their son since the time of his arrest. They reside in Honolulu, Hawaii, and run two businesses.

Mr. Davis has accepted responsibility for his actions and admitted his guilt. He has shown appropriate remorse and his chances for re-offending are low. Mr. Davis has completed all of the programming possible with the Department of Corrections. During this process, he has matured a great deal and has taken advantage of every opportunity to improve himself. It is unlikely that Mr. Davis will present any future danger to society if released at this time, subject to the conditions set forth herein.

The Clemency and Pardons Board, at its December 3, 1992, meeting, reviewed and discussed the petition of Mr. Davis. A presentation was made on his behalf by his attorney, Mr. Ed Schaller. After deliberation, the Board voted 3-2 to recommend to the Governor that clemency be granted.

This is an extraordinary case and justice is served by granting a conditional clemency at this time for the remainder of Mr. Davis' sentence. By this order, I hereby waive the 20-year mandatory minimum term set by RCW 9.95.115, and direct the Indeterminate Sentence Review Board to parole Mr. Davis. The Indeterminate Sentence Review Board shall impose, at a minimum, the following conditions in its parole order:

1. Upon release from the institution, report as instructed to a community corrections officer and thereafter make a correct report as often as directed.

2. Secure written permission of a community corrections officer before leaving the State of Washington.

3. Obey all laws and abide by any special conditions imposed by the Indeterminate Sentence Review Board or any written instructions issued by a community corrections officer of the Department of Corrections.

4. At no time, purchase, own, possess, or control any firearm or deadly weapon.

5. Submit to a search of person, residence, vehicle, and possessions whenever requested by a community corrections officer.

6. Obey all court orders.

7. Reside in a residence approved by the assigned community corrections officer and secure permission of the community officer before changing residences.

8. Do not use or possess controlled substances of any kind.

9. Submit to drug or alcohol monitoring, if directed by the community corrections officer, through an agency approved by the community corrections officer. As a condition of clemency, sign a full release of information allowing the treatment or monitoring agency to release information to the community corrections officer and the Indeterminate Sentence Review Board. This release of information must be effective until Mr Davis is granted a final discharge.

10.Do not consume any alcoholic beverages.

11.Enter into full employment or an education program within 30 days of release.

12.An inter-state compact investigation for transfer of parole to Hawaii must be submitted for final approval to the Indeterminate Sentence Review Board in the event that Mr. Davis desires to move to Hawaii.

The Indeterminate Sentence Review Board may, in its discretion, amend these conditions if the situation so warrants.

NOW THEREFORE, I, Booth Gardner, Governor of the State of Washington, by virtue of the authority vested in me by the laws of the State of Washington, do hereby grant the conditional clemency for Arlyn Davis, Department of Corrections #279242, for his conviction of Murder in the First Degree, pursuant to the conditions set forth herein.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the State of Washington to be affixed at Olympia this 7th day of January, A.D., nineteen hundred and ninety three.

Booth Gardner Governor of Washington

(SEAL)

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING:

Gordon H. Graham was found guilty of forgery, robbery, and numerous parole violations by the Superior Courts of the State of Washington for Chelan, Spokane, and King Counties during the years 1949 to 1972. He served many years in jails. With the exception of an occasional parole violation during that same time period, 1949 to 1972, Mr. Graham has maintained a record free of further felony convictions and has involved himself commendably in community and professional activities, and has shown his rehabilitation. He petitioned for a pardon to clear his good name.

NOW, THEREFORE, I, Booth Gardner, Governor of the State of Washington, do hereby pardon Gordon A. Graham from the judgment and sentences imposed in Chelan, Spokane, and King Counties during the period 1949 to 1972.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia, this 11th day of January, A.D. nineteen hundred and ninety three.

Booth Gardner Governor of Washington

(SEAL)

TO ALL WHOM THESE PRESENCE SHALL COME, GREETING:

Sherwood J. Trulson was found guilty of assault in the third degree by the Superior Court of the State of Washington for King County on January 25, 1985, and he was thereupon sentenced to a term of two years community supervision by the Department of Corrections (reduced to one year after one year completed) and 240 hours of community service and attendance at an alcohol treatment program. Since this time, Sherwood Trulson has maintained a record free of further felony convictions and has involved himself in the creation of a new company, Environmental Waste of America, Inc. He has also shown his commitment to rehabilitation through his recovery from alcohol abuse. For these reasons, the Clemency and Pardons Board recommended that a pardon be granted in order to further the role of Mr. Trulson as an active member of the business community, his family and the State of Washington.

NOW, THEREFORE, I, Booth Gardner, Governor of the State of Washington, do hereby pardon Sherwood J. Trulson from the judgment and sentence of assault in the second degree entered January 25, 1985, by the Superior Court of the State of Washington for King County.

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia this 24th day of August, A.D. nineteen hundred and ninety-two.

Booth Gardner Governor of Washington

TO ALL WHOM THESE PRESENCE SHALL COME, GREETING:

Mark Nelson plead guilty to Simple Assault in the State of Washington, a crime which was committed on February 15, 1980, and he was sentenced with a deferred finding followed by a dismissal one year later.

This is the only assault in Mr. Nelson's background. Since that point in time, Mr. Nelson has enrolled in a nurse training program at Shoreline Community College. In the course of that training, both he, and the schools administration have asked that this simple assault be removed from his criminal background record. For the reason of furthering his educational pursuits, and the relationship of that educational pursuit to his rehabilitation, the Clemency and Pardons Board recommended to the Governor that a pardon be granted.

NOW, THEREFORE, I, Booth Gardner, Governor of the State of Washington, do hereby pardon Mark Nelson from the sentence imposed for simple assault committed on February 15, 1980.

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia this 24th day of August, A. D. nineteen hundred and ninety-two.

Booth Gardner Governor of Washington

(SEAL)

TO ALL WHOM THESE PRESENCE SHALL COME, GREETING:

Jamaal D. Kiah-el was found guilty of petty larceny, contributing to delinquency of a minor, and grand larceny by the Superior Court of the State of Washington for King County during the years 1958 and 1959. He served several months of time in the King County jail. During the early 1960's, Mr. Kiah-el was also convicted of similar crimes in the State of Pennsylvania. With these exceptions, Jamaal D. Kiah-el has since maintained a record free of further felony convictions and has involved himself commendably in community activities and has shown his rehabilitation. He petitioned for a pardon to clear his good name.

NOW, THEREFORE, I, Booth Gardner, Governor of the State of Washington, do hereby pardon Jamaal D. Kiah-el from the judgment and sentences imposed in King County during 1958 and 1959.

In witness thereof, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia this 24th day of August, A.D., nineteen hundred and ninety-two.

Booth Gardner Governor of Washington

(SEAL)

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

MOTION

On motion of Representative Peery, the House adjourned until 10:00 a.m. Monday, February 01, 1993.

BRIAN EBERSOLE, Speaker

ALAN THOMPSON, Chief Clerk