HJ62

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SIXTY-SECOND DAY

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MORNING SESSION

__________

House Chamber, Olympia, Saturday, March 13, 1993

The House was called to order at 9:30 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 Steven Ayre and James Mcmann.

Poetry was offered by Representative Morton.

This poem is written in memory and gratitude to the founders of this great nation and wonderful state for their recognition and reliance on the Lord for His assistance in the awesome task of governing.

A PRAYERS POEM

(By Justin Freeman)

I really love good poetry,

It edifies the soul.

It carries us to heights unknown,

And lets our spirits roll.

It show us things of beauty,

We often cannot see.

It points out things of ugliness,

We rather would not be.

But poetry cannot take us,

To the place we must arrive.

Only prayer can lift us to the one,

Who keeps us all live.

"Nature's God," "Creator,"

As Jefferson would say.

"Sustainer of the Universe,"

Who will judge us all some day.

Poet laureates are fine,

We should honor noble skills.

But prayer is what this world needs now,

To save us from our ills.

King David's poems, songs, the Psalms,

Set the model for our plight.

They praise our God and ask him,

For safety, wisdom through the night.

Those gracious men and women,

Who before us held our place,

Agreed with those who sought the Lord,

For mercy and for grace.

They opened each day of business here,

With prayer to Heaven for light.

To guide our weak and feeble tries,

To guarantee the right.

I hope that we will carry on,

Traditions great and small.

Poems that edify our souls,

But humble Prayer first of all.

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

MESSAGE FROM THE SENATEMarch 12, 1993

Mr. Speaker:

The Senate has passed:

ENGROSSED SENATE BILL NO. 5280,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5304,

SUBSTITUTE SENATE BILL NO. 5445,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5482,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5574,

ENGROSSED SENATE BILL NO. 5613,

SENATE BILL NO. 5696,

SECOND SUBSTITUTE SENATE BILL NO. 5715,

ENGROSSED SENATE BILL NO. 5745,

ENGROSSED SENATE BILL NO. 5780,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5815,

SENATE BILL NO. 5835,

SUBSTITUTE SENATE BILL NO. 5858,

SUBSTITUTE SENATE BILL NO. 5874,

SENATE BILL NO. 5925,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

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

INTRODUCTIONS AND FIRST READING

SSB 5134 by Senate Committee on Ways & Means (originally sponsored by Senators Haugen, Barr, Snyder, Oke, Winsley, Roach and Erwin)

Allowing property owned by nonprofit organizations to be used for certain activities without loss of property tax exemption.

Referred to Committee on Revenue.

SSB 5487 by Senate Committee on Agriculture (originally sponsored by Senators Bauer, Barr, M. Rasmussen, Snyder, Gaspard, Vognild, Newhouse, Drew, Sutherland, Quigley, Hochstatter and Loveland)

Changing provisions regarding agister liens.

Referred to Committee on Agriculture & Rural Development.

SB 5635 by Senators Niemi and Talmadge

Modifying procedures regarding disclosure of address of a health professional subject to a disciplinary complaint.

Referred to Committee on Health Care.

SSB 5688 by Senate Committee on Natural Resources (originally sponsored by Senators Owen, A. Smith and Oke)

Modifying enforcement of forest practices guidelines.

Referred to Committee on Natural Resources & Parks.

SSB 5753 by Senate Committee on Ways & Means (originally sponsored by Senators Snyder and L. Smith)

Creating a new judgeship for Cowlitz County.

Referred to Committee on Judiciary.

SB 5838 by Senators Sutherland, Williams and Roach

Creating an energy siting process review committee.

Referred to Committee on Energy & Utilities.

SSB 5849 by Senate Committee on Agriculture (originally sponsored by Senators M. Rasmussen, Erwin, McAuliffe, Roach, Anderson, Bauer, Barr, Amondson and Loveland)

Revising dairy management.

Referred to Committee on Agriculture & Rural Development.

On motion of Representative Sheldon, the bills 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

March 12, 1993

SB 5067 Prime Sponsor, A. Smith: Altering the provisions concerning joint tenancy. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Appelwick, Chair; Ludwig, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Johanson; Mastin; H. Myers; Riley; Scott; and Wineberry.

Excused: Representatives Forner, Locke, Long, Schmidt and Tate.

Passed to Committee on Rules for second reading.

March 12, 1993

ESB 5362 Prime Sponsor, A. Smith: Requiring full disclosure of civil court proceedings relating to public hazards. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Appelwick, Chair; Ludwig, Vice Chair; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Johanson; Long; Mastin; H. Myers; Riley; Scott; and Wineberry.

MINORITY recommendation: Do not pass. Signed by Representatives Padden, Ranking Minority Member, and Forner.

Excused: Representatives Locke, Schmidt and Tate.

Passed to Committee on Rules for second reading.

On motion of Representative Sheldon, the bills 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 sixth order of business.

SECOND READING

MOTION

Representative Sheldon moved that the House immediately consider the following bills in the following order: House Bill No. 1009, House Bill No. 1080, House Bill No. 1155 and House Bill No. 1261. The motion was carried.

HOUSE BILL NO. 1009, by Representatives Appelwick and Riley

Prescribing liabilities for lis pendens filings.

The bill was read the second time. On motion of Representative Appelwick, Substitute House Bill No. 1009 was substituted for House Bill No. 1009 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1009 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Appelwick and Padden spoke in favor of passage of the bill.

On motion of Representative J. Kohl, Representatives Ogden, Dorn, Lemmon, Anderson and Wineberry were excused.

On motion of Representative Wood, Representative Miller was excused.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1009.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1009 and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.

Voting yea: Representatives Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.

Excused: Representatives Anderson, Dorn, Lemmon, Miller, Ogden and Wineberry - 6.

Substitute House Bill No. 1009, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1080, by Representatives Valle, Quall, Franklin, Flemming, G. Cole, Eide, Roland and Veloria

Requiring nursing homes to refund deposits or minimum stay fees when not used by residents.

The bill was read the second time. On motion of Representative Dellwo, Substitute House Bill No. 1080 was substituted for House Bill No. 1080 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1080 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Valle and Dyer spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1080.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1080 and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.

Excused: Representatives Anderson, Dorn, Lemmon, Miller, Ogden and Wineberry - 6.

Substitute House Bill No. 1080, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1155, by Representatives H. Myers, Appelwick, Ludwig, Chappell, Johanson, Scott, Brough, Horn, Long, Campbell, Karahalios, Wood, Foreman and Silver

Authorizing treatment options for persons convicted of vehicular homicide and vehicular assault.

The bill was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative H. Myers spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1155.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1155 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.

Excused: Representatives Dorn, Lemmon, Miller, Ogden and Wineberry - 5.

House Bill No. 1155, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1261, by Representatives Sommers, Dellwo, R. Fisher, Jacobsen, Brough, Wang, Brown, Thibaudeau, Johanson and J. Kohl

Regulating portability of retirement benefits.

The bill was read the second time.

Representative Locke moved adoption of the following amendment by Representative Locke:

On page 2, after line 28, insert the following:

"NEW SECTION. Sec. 4. If specific funding for this act, referencing this act by bill number, is not provided by June 30, 1993, in the biennial appropriations act, this act shall be null and void."

Representative Locke spoke in favor of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Sommers and Silver spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final pass age of Engrossed House Bill No. 1261.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 1261 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.

Excused: Representatives Dorn, Lemmon, Miller, Ogden and Wineberry - 5.

Engrossed House Bill No. 1261, having received the constitutional majority, was declared passed.

MOTION

Representative Peery moved that the House consider the following bills in the following order: House Bill No. 1353 and House Bill No. 1361. The motion was carried.

HOUSE BILL NO. 1353, by Representatives G. Cole, Franklin, Heavey and King; by request of Department of Labor & Industries

Regulating asbestos disease benefits claims.

The bill was read the second time. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment see Journal, 23rd Day, February 22, 1993.)

Representative Heavey moved adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.

Representative Heavey spoke in favor of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives G. Cole and Lisk spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1353.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 1353 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.

Excused: Representatives Dorn, Lemmon, Miller, Ogden and Wineberry - 5.

Engrossed House Bill No. 1353, having received the constitutional majority, was declared passed.

MOTION

Representative Peery moved that the House defer consideration of House Bill No. 1358 and that the bill hold its place on the second reading calendar. The motion was carried.

HOUSE BILL NO. 1361, by Representatives H. Myers, Ballasiotes, Forner, Riley, Ludwig, Padden, Chappell, Johanson, Appelwick, Long, Tate, Vance, Roland, Pruitt, Jones, Edmondson, Campbell, Lemmon, Brough, Chandler, Wood, Horn, Quall, Miller, Sheahan, Karahalios, Silver, Flemming, Morris, Talcott, Reams, L. Johnson, Ogden, Casada and Wineberry

Revising the statute of limitations for certain sex offenses.

The bill was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative H. Myers spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1361.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1361 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.

Excused: Representatives Dorn, Lemmon, Miller, Ogden and Wineberry - 5.

House Bill No. 1361, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1389, by Representative Riley

Changing provisions relating to work crews.

The bill was read the second time. On motion of Representative Morris, Substitute House Bill No. 1389 was substituted for House Bill No. 1389 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1389 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Riley and Long spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1389.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1389 and the bill passed the House by the following vote: Yeas - 92, Nays - 1, Absent - 0, Excused - 5.

Voting yea: Representatives Anderson, Appelwick, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.

Voting nay: Representative Ballasiotes - 1.

Excused: Representatives Dorn, Lemmon, Miller, Ogden and Wineberry - 5.

Substitute House Bill No. 1389, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1399, by Representatives Orr, Grant, Long, Schoesler, Ludwig and Casada

Prohibiting unauthorized liquefied petroleum gas container use.

The bill was read the second time. On motion of Representative Finkbeiner, Substitute House Bill No. 1399 was substituted for House Bill No. 1399 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1399 was read the second time.

Representative Finkbeiner moved adoption of the following amendment by Representative Appelwick:

On page 1, line 15 after "larger." insert "Nothing in this section affects the liability of an owner for injury or damage resulting from acts or omissions related to the construction, transportation, installation, removal or maintenance of a container or related to any other act or omission other than filling a container."

Representatives Appelwick and Casada spoke in favor of adoption of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Orr and Casada spoke in favor of passage of the bill.

The Speaker assumed the chair.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1399.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1399 and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.

Excused: Representatives Dorn, Lemmon, Miller, Ogden and Wineberry - 5.

Engrossed Substitute House Bill No. 1399, having received the constitutional majority, was declared passed.

MOTION

Representative Peery moved that the House consider House Bill No. 1294 on the second reading calendar. The motion was carried.

HOUSE BILL NO. 1294, by Representatives Locke, Mielke, Orr, Heavey, Scott, Quall, Chappell, R. Fisher, R. Meyers, Ludwig, R. Johnson, Wood, Grant, Riley, King, Mastin, Forner, Franklin, Karahalios, Jacobsen, Zellinsky, Romero, Johanson, Morris, Flemming, Leonard, Brown, Finkbeiner, Holm, Eide, G. Cole, Ogden, Jones, Wang, Sheldon, Bray, G. Fisher, Long, Dellwo, Roland, Tate, Springer, Thibaudeau, L. Johnson, J. Kohl, Veloria, Dunshee, Basich, Campbell, Kessler, H. Myers, Vance, Brough, Dorn, Hansen, Schmidt, Cooke, Casada, Edmondson, Carlson and Brumsickle

Changing provisions in LEOFF Plan II to allow retirement at age fifty.

The bill was read the second time. On motion of Representative Locke, Substitute House Bill No. 1294 was substituted for House Bill No. 1294 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1294 was read the second time.

Representative Locke moved adoption of the following amendment by Representative Locke:

On page 8, after line 7, insert the following:

"NEW SECTION. Sec. 11. If specific funding for this act, referencing this act by bill number, is not provided by June 30, 1993, in the biennial appropriations act, this act shall be null and void."

Representative Locke spoke in favor of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Representative Sommers yielded to a question by Representative Locke.

Representative Locke: In the Appropriations Committee you were the sponsor and drafter of the Substitute House Bill.

Section 10 of Substitute House Bill No. 1294 contains a direction to an interest arbitrator that the arbitrator should not require employers of police officers and fire fighters to pay any of the increased employee retirement contributions that result from benefits contained in the bill.

Is it the intent of this section to change current policy regarding retirement issues and collective bargaining?

Representative Sommers: No. The intent of this section is not to change current policy, but rather to maintain our current policy that retirement issues of any kind are not subject to collective bargaining, and therefore should not be considered in interest arbitration. The retirement contributions that employees currently make are not subject to bargaining, and neither should any increased contributions due to improved benefits.

The legislature has made it clear that employees in Plan II are to pay 50% of the contributions toward retirement. Substitute House Bill No. 1294 will cause an increase in the employee contribution rate, and LEOFF employees will have to pay significantly more for their retirement benefits.

Section 10 of the bill simply reminds an arbitrator that increased employee contributions due to Substitute House Bill No. 1294 are intended to be paid by the employee, and not indirectly thrust upon the employer.

Representatives Sommers, Locke, Silvers, Orr, Carlson, and Schoesler spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1294.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1294 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Dorn and Miller - 2.

Engrossed Substitute House Bill No. 1294, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1418, by Representatives Ogden, H. Myers, Casada, Morris, Carlson and Jones; by request of Washington State School for the Blind and Washington State School for the Deaf

Changing provisions relating to state schools for the blind, deaf, and sensory impaired.

The bill was read the second time. On motion of Representative Cothern, Substitute House Bill No. 1418 was substituted for House Bill No. 1418 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1418 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Ogden and Carlson spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1418.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1418 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Dorn and Miller - 2.

Substitute House Bill No. 1418, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1456, by Representatives King, G. Cole, Lisk, R. Johnson, Horn, Foreman, Sheahan and Chandler

Allowing self-insured employers to close disability claims after July 1990.

The bill was read the second time. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment see Journal, 38th Day, February 18, 1993.)

Representative Heavey moved adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives King and Lisk spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final pass age of Engrossed House Bill No. 1456.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 1456 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Dorn and Miller - 2.

Engrossed House Bill No. 1456, having received the constitutional majority, was declared passed.

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

THIRD READING

SUBSTITUTE HOUSE BILL NO. 1703, by Representatives Johanson, Grant and Jacobsen; by request of Utilities & Transportation Commission

Concerning alternate operator service companies.

The bill was read the third time.

Representatives Johanson and Carlson spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1703.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1703 and the bill passed the House by the following vote: Yeas - 92, Nays - 4, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.

Voting nay: Representatives Finkbeiner, Grant, Mastin and Riley - 4.

Excused: Representatives Dorn and Miller - 2.

Substitute House Bill No. 1703, having received the constitutional majority, was declared passed.

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

SECOND READING

HOUSE BILL NO. 1471, by Representatives King, Basich, Orr, Fuhrman, Brumsickle, Foreman and G. Cole

Regulating the non-Puget Sound coastal commercial crab fishery.

The bill was read the second time. Committee on Fisheries & Wildlife recommendation: Majority, do pass substitute. (For committee amendment see Journal, 50th Day, March 1, 1993.) Committee on Appropriations recommendation: Majority, do pass substitute by committee on Fisheries & Wildlife as amended by committee Appropriations. (For committee recommendations, see Journal 57th Day, March 8, 1993.)

On motion of Representative King, Substitute House Bill No. 1471 was substituted for House Bill No. 1471 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1471 was read the second time.

Representative Valle moved adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.

Representative King moved adoption of the following amendment by Representatives King, Fuhrman and Basich:

On page 4, beginning on line 25, strike the remainder of the bill and insert the following:

"NEW SECTION. Sec. 8. (1) Effective January 1, 1994, it is unlawful to fish for coastal crab in Washington state waters or deliver coastal crab to a port in the state without a coastal crab pot license. A coastal crab pot license is not required to take other species of crab, including red rock crab (Cancer productus), from waters containing coastal crab.

(2) A coastal crab pot license shall only be issued to a vessel that, during two of the following three qualifying periods:

December 1, 1988, through September 15, 1989;

December 1, 1989, through September 15, 1990; and

December 1, 1990, through September 15, 1991;

(a) Showed historical participation in the coastal crab fishery by having held one of the following:

(i) Crab pots license or crab pots (other than Puget Sound) license, issued under RCW 78.25.130;

(ii) Delivery permit or delivery license, issued under RCW 75.28.125;

(iii) Salmon troll license, issued under RCW 75.28.110; or

(iv) Salmon delivery permit or salmon delivery license, issued under RCW 75.28.113;

(v) Trawl license or trawl (other than Puget Sound) license, issued under RCW 75.28.140; and

(b) Can prove active historical participation in the coastal crab fishery as evidenced by having made a minimum of eight crab landings per season in at least two of the three qualifying seasons, which landings total a minimum of five thousand pounds of crab in each qualifying season, taken in coastal or offshore waters as documented by valid Washington state shellfish receiving tickets. For purposes of this section, "crab taken in coastal or offshore waters" means crab taken in Washington state department of fisheries marine fish/shellfish management and catch reporting areas 58B, 59A, 59B, 60A, 60B, 60C, 60D, 61, or 62, as defined in WAC 220-20-410.

(3) A coastal crab pot license shall only be issued to a vessel that has participated continuously in the coastal crab fishery by having held one or more of the licenses listed in subsection (2)(a) of this section each calendar year from 1990 through 1993.

NEW SECTION. Sec. 9. An applicant who can show historical participation under section 8(2) of this act but not satisfying the continuous participation requirement of section 8(3) of this act shall be issued a coastal crab pot license if:

(1) The owner can prove that the owner was in the process on September 15, 1991, of constructing a vessel for the purpose of coastal crab fishing. For purposes of this section, "construction" means having the keel laid, and "for the purpose of coastal crab fishing" means the vessel is designed to retrieve crab pots mechanically and has a live well. A coastal crab pot license issued to a vessel under construction is not renewable after December 31, 1994, unless the vessel lands five thousand pounds of coastal crab into a Washington state port before December 31, 1994; or

(2) The applicant's vessel is a replacement for a vessel that is otherwise eligible for a coastal crab pot license, in which case the landing and licensing history shall follow the replacement vessel, and only the replacement vessel is eligible for a coastal crab pot license.

NEW SECTION. Sec. 10. (1) An Oregon resident who can show historical and continuous participation in the Washington state coastal crab fishery by having held a nonresident crab pots (other than Puget Sound) license issued under RCW 75.28.140 each year from 1990 through 1993, and who has delivered a minimum of five thousand pounds of crab into Oregon during any two of the three qualifying periods as provided in section 8(2) of this act as evidenced by valid Oregon fish receiving tickets, shall be issued a nonresident coastal crab pot license valid for fishing in Washington state waters north from the Oregon/Washington boundary to United States latitude forty-six degrees thirty minutes north. Such license shall be issued upon application and submission of proof of delivery.

(2) This section shall become effective contingent upon reciprocal statutory authority in the state of Oregon providing for equal access for Washington state coastal crab fishers to Oregon territorial coastal waters north of United States latitude forty-five degrees fifty-eight minutes north, and Oregon waters of the Columbia river.

NEW SECTION. Sec. 11. A new section is added to chapter 75.30 RCW to read as follows:

(1) It is unlawful for vessels registered in Washington to take coastal crab in state waters or waters of the exclusive economic zone and coterminous with the seaward boundary of this state, or to land such crab in Washington, without the licenses, endorsements, or permits required to take or land coastal crab in Washington.

(2) This section becomes effective only upon reciprocal legislation being enacted by both the states of Oregon and California. For purposes of this section, "exclusive economic zone" means that zone defined in the federal fishery conservation and management act (16 U.S.C. Sec. 1802) as of the effective date of this section or as of a subsequent date adopted by rule of the director.

NEW SECTION. Sec. 12. After December 31, 1994, a coastal crab pot license may only be issued to a vessel that held the license in 1994, and each year thereafter. If the license is transferred to another vessel, the license history shall also be transferred to the transferee vessel.

Where the failure to hold a license the previous year was the result of license suspension, the vessel may qualify by establishing that the vessel held a coastal crab pot license in the last year in which the license was not suspended.

NEW SECTION. Sec. 13. If fewer than one hundred twenty-five vessels are eligible for coastal crab pot licenses, the director shall accept applications for new licenses. The director shall determine by random selection the successful applicants for the additional licenses. The number of additional licenses issued shall be sufficient to maintain one hundred twenty-five vessels in the Washington coastal crab fishery. The director shall adopt rules governing the notification, application, selection, and issuance procedures for new coastal crab licenses, based on recommendations of a board of review established under RCW 75.30.050.

Sec. 14. RCW 75.30.050 and 1990 c 61 s 3 are each amended to read as follows:

(1) The director shall appoint three-member advisory review boards to hear cases as provided in RCW 75.30.060. Members shall be from:

(a) The salmon charter boat fishing industry in cases involving salmon charter boat licenses or angler permits;

(b) The commercial salmon fishing industry in cases involving commercial salmon licenses;

(d) The commercial herring fishery in cases involving herring validations;

(e) The commercial Puget Sound whiting fishery in cases involving Puget Sound whiting license endorsements;

(f) The commercial sea urchin fishery in cases involving sea urchin endorsements to shellfish diver licenses; ((and))

(g) The commercial sea cucumber fishery in cases involving sea cucumber endorsements to shellfish diver licenses; and

(h) The commercial coastal crab industry in cases involving coastal crab pot licenses.

(2) Members shall serve at the discretion of the director and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 15. The director may reduce the landing requirement established under section 8(2)(b) of this act upon the recommendation of an advisory review board established under RCW 75.30.050, but the director may not entirely waive the landing requirement. The advisory review board may recommend a reduction of the landing requirement in individual cases if in the board's judgment, extenuating circumstances prevented achievement of the landing requirement. The director shall adopt rules governing the operation of the advisory review board and defining "extenuating circumstances." In defining extenuating circumstances, special consideration shall be given to individuals who can provide evidence of lack of access to capital based on past discrimination due to race, creed, color, sex, national origin, or disability.

NEW SECTION. Sec. 16. The industry shall prepare a gear reduction plan to stabilize the coastal crab industry in Washington. The industry shall submit the plan to the department of fisheries by November 31, 1995. The department shall evaluate the plan and submit it to the legislature by December 31, 1995.

NEW SECTION. Sec. 17. (1) Sections 2, 5, and 6 of this act are each added to chapter 75.28 RCW.

(2) Sections 7 through 10, 12, 13, and 15 of this act are each added to chapter 75.30 RCW."

Representatives King, Fuhrman and Basich spoke in favor of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives King and Sehlin spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1471.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1471 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Dorn and Miller - 2.

Engrossed Substitute House Bill No. 1471, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1504, by Representatives Wang, Jacobsen, Romero, Wolfe and Morris; by request of Evergreen State College

Changing the disposition of certain normal school fund revenues.

The bill was read the second time. On motion of Representative Wang, Substitute House Bill No. 1504 was substituted for House Bill No. 1504 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1504 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Wang and Sehlin spoke in favor of passage of the bill.

Representatives Morton and Silver spoke against the passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1504.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1504 and the bill passed the House by the following vote: Yeas - 72, Nays - 24, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Scott, Sehlin, Sheldon, Shin, Sommers, Springer, Thibaudeau, Thomas, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 72.

Voting nay: Representatives Ballard, Ballasiotes, Carlson, Casada, Chandler, Cooke, Dyer, Foreman, Forner, Fuhrman, Horn, Lisk, Mielke, Morton, Padden, Schmidt, Schoesler, Sheahan, Silver, Stevens, Talcott, Tate, Van Luven and Wood - 24.

Excused: Representatives Dorn and Miller - 2.

Substitute House Bill No. 1504, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1532, by Representatives Veloria, Lisk, R. Johnson, Jacobsen, King, Pruitt, Karahalios, Quall, Van Luven, Long, Eide and Anderson

Creating an interim permit for physical therapist licensure candidates.

The bill was read the second time. On motion of Representative Dellwo, Substitute House Bill No. 1532 was substituted for House Bill No. 1532 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1532 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Veloria and Dyer spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1532.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1532 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Dorn and Miller - 2.

Substitute House Bill No. 1532, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1621, by Representatives Rayburn, Chandler and Jacobsen; by request of Department of Agriculture

Modifying the regulation of apiaries.

The bill was read the second time. Committee on Agriculture & Rural Development recommendation: Majority, do pass as amended. (For committee amendment see Journal, 38th Day, February 18, 1993.)

Representative Rayburn moved adoption of the committee amendment and spoke in favor of the amendment. The committee amendment was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

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

The Speaker stated the question before the House to be final pass age of Engrossed House Bill No. 1621.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 1621 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Dorn and Miller - 2.

Engrossed House Bill No. 1621, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1667, by Representatives Romero, H. Myers, Heavey, Finkbeiner and Wolfe

Prohibiting additives for on-site sewage disposal systems.

Representative Peery moved that the House defer consideration of House Bill No. 1667 and the bill hold its place on the second reading calendar. The motion was carried.

HOUSE BILL NO. 1670, by Representatives Sommers, Heavey, Locke, King, Jacobsen, Vance, Wineberry, Mielke, Linville, Lisk, J. Kohl, Wolfe, Basich, Orr, Valle, Veloria, Anderson, G. Cole, Dorn, Jones, R. Fisher, Holm, Ogden and Kremen

Providing service credit for periods of paid leave.

The bill was read the second time. On motion of Representative Valle, Substitute House Bill No. 1670 was substituted for House Bill No. 1670 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1679 was read the second time.

Representative Locke moved the adoption of the following amendment by Representatives Locke and Sommers:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 18. A new section is added to chapter 41.40 RCW under the subchapter heading "Plan I" to read as follows:

(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided under the provisions of RCW 41.40.145 through 41.40.363.

(2) A member who receives compensation from an employer while on an authorized leave of absence to serve as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the compensation paid to the member during the period of absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member's leave of absence is authorized by a collective bargaining agreement that provides that the member retains seniority rights with the employer during the period of leave. The compensation earnable reported for a member who establishes service credit under this subsection may not be greater than the salary paid to the highest paid job class covered by the collective bargaining agreement.

Sec. 19. RCW 41.40.710 and 1992 c 119 s 3 are each amended to read as follows:

(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided for under the provisions of RCW 41.40.610 through 41.40.740.

(3) Except as specified in subsection (((3))) (4) of this section, a member shall be eligible to receive a maximum of two years service credit during a member's entire working career for those periods when a member is on an unpaid leave of absence authorized by an employer. Such credit may be obtained only if the member makes both the plan II employer and member contributions plus interest as determined by the department for the period of the authorized leave of absence within five years of resumption of service or prior to retirement whichever comes sooner. The contributions required shall be based on the average of the member's compensation earnable at both the time the authorized leave of absence was granted and the time the member resumed employment.

(((3))) (4) A member who leaves the employ of an employer to enter the armed forces of the United States shall be entitled to retirement system service credit for up to four years of military service.

(a) The member qualifies for service credit under this subsection if:

(i) Within ninety days of the member's honorable discharge from the United States armed forces, the member applies for reemployment with the employer who employed the member immediately prior to the member entering the United States armed forces; and

(ii) The member makes the employee contributions required under RCW 41.40.650 plus interest as determined by the department within five years of resumption of service or prior to retirement, whichever comes sooner.

(b) Upon receipt of member contributions under (a)(ii) of this subsection, the department shall bill the employer for its contribution required under RCW 41.40.650 for the period of military service, plus interest as determined by the department.

(c) The contributions required shall be based on the average of the member's compensation earnable at both the time the member left the employ of the employer to enter the armed forces and the time the member resumed employment.

NEW SECTION. Sec. 20. A new section is added to chapter 41.26 RCW under the subchapter heading "Plan I" to read as follows:

(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided under the provisions of RCW 41.26.080 through 41.26.3903.

(2) A member who receives compensation from an employer while on an authorized leave of absence to serve as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the compensation paid to the member during the period of absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member's leave of absence is authorized by a collective bargaining agreement that provides that the member retains seniority rights with the employer during the period of leave. The basic salary reported for a member who establishes service credit under this subsection may not be greater than the salary paid to the highest paid job class covered by the collective bargaining agreement.

Sec. 21. RCW 41.26.520 and 1992 c 119 s 1 are each amended to read as follows:

(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided for under the provisions of RCW 41.26.410 through 41.26.550.

(2) A member who receives compensation from an employer while on an authorized leave of absence to serve as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the compensation paid to the member during the period of absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member's leave of absence is authorized by a collective bargaining agreement that provides that the member retains seniority rights with the employer during the period of leave. The basic salary reported for a member who establishes service credit under this subsection may not be greater than the salary paid to the highest paid job class covered by the collective bargaining agreement.

(3) Except as specified in subsection (((3))) (4) of this section, a member shall be eligible to receive a maximum of two years service credit during a member's entire working career for those periods when a member is on an unpaid leave of absence authorized by an employer. Such credit may be obtained only if the member makes the employer, member, and state contributions plus interest as determined by the department for the period of the authorized leave of absence within five years of resumption of service or prior to retirement whichever comes sooner: PROVIDED, That for the purpose of this subsection the contribution shall not include the contribution for the unfunded supplemental present value as required by RCW 41.26.450. The contributions required shall be based on the average of the member's basic salary at both the time the authorized leave of absence was granted and the time the member resumed employment.

(a) The member qualifies for service credit under this subsection if:

(ii) The member makes the employee contributions required under RCW 41.26.450 plus interest as determined by the department within five years of resumption of service or prior to retirement, whichever comes sooner.

(b) Upon receipt of member contributions under (a)(ii) of this subsection, the department shall bill the employer and the state for their respective contributions required under RCW 41.26.450 for the period of military service, plus interest as determined by the department.

(c) The contributions required shall be based on the average of the member's basic salary at both the time the member left the employ of the employer to enter the armed forces and the time the member resumed employment.

(((4))) (5) A member receiving benefits under Title 51 RCW who is not receiving benefits under this chapter shall be deemed to be on unpaid, authorized leave of absence.

NEW SECTION. Sec. 22. A new section is added to chapter 41.32 RCW under the subchapter heading "Plan I" to read as follows:

(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided under the provisions of RCW 41.32.240 through 41.32.575.

(2) A member who receives compensation from an employer while on an authorized leave of absence to serve as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the compensation paid to the member during the period of absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member's leave of absence is authorized by a collective bargaining agreement that provides that the member retains seniority rights with the employer during the period of leave. The earnable compensation reported for a member who establishes service credit under this subsection may not be greater than the salary paid to the highest paid job class covered by the collective bargaining agreement.

Sec. 23. RCW 41.32.810 and 1992 c 119 s 2 are each amended to read as follows:

(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided for under the provisions of RCW 41.32.755 through 41.32.825.

(2) A member who receives compensation from an employer while on an authorized leave of absence to serve as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the compensation paid to the member during the period of absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member's leave of absence is authorized by a collective bargaining agreement that provides that the member retains seniority rights with the employer during the period of leave. The earnable compensation reported for a member who establishes service credit under this subsection may not be greater than the salary paid to the highest paid job class covered by the collective bargaining agreement.

(3) Except as specified in subsection (((3))) (4) of this section, a member shall be eligible to receive a maximum of two years service credit during a member's entire working career for those periods when a member is on an unpaid leave of absence authorized by an employer. Such credit may be obtained only if the member makes both the employer and member contributions plus interest as determined by the department for the period of the authorized leave of absence within five years of resumption of service or prior to retirement whichever comes sooner: PROVIDED, That for the purpose of this subsection the contribution shall not include the contribution for the unfunded supplemental present value as required by RCW 41.32.775. The contributions required shall be based on the average of the member's earnable compensation at both the time the authorized leave of absence was granted and the time the member resumed employment.

(a) The member qualifies for service credit under this subsection if:

(ii) The member makes the employee contributions required under RCW 41.32.775 plus interest as determined by the department within five years of resumption of service or prior to retirement, whichever comes sooner.

(b) Upon receipt of member contributions under (a)(ii) of this subsection, the department shall bill the employer for its contribution required under RCW 41.32.775 for the period of military service, plus interest as determined by the department.

(c) The contributions required shall be based on the average of the member's earnable compensation at both the time the member left the employ of the employer to enter the armed forces and the time the member resumed employment.

Sec. 24. RCW 41.32.010 and 1992 c 212 s 1 and 1992 c 3 s 3 are each reenacted and amended to read as follows:

As used in this chapter, unless a different meaning is plainly required by the context:

(1)(a) "Accumulated contributions" for plan I members, means the sum of all regular annuity contributions with regular interest thereon.

(b) "Accumulated contributions" for plan II members, means the sum of all contributions standing to the credit of a member in the member's individual account together with the regular interest thereon.

(2) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality tables and regulations as shall be adopted by the director and regular interest.

(3) "Annuity" means the moneys payable per year during life by reason of accumulated contributions of a member.

(4) "Member reserve" means the fund in which all of the accumulated contributions of members are held.

(5)(a) "Beneficiary" for plan I members, means any person in receipt of a retirement allowance or other benefit provided by this chapter.

(b) "Beneficiary" for plan II members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.

(6) "Contract" means any agreement for service and compensation between a member and an employer.

(7) "Creditable service" means membership service plus prior service for which credit is allowable. This subsection shall apply only to plan I members.

(8) "Dependent" means receiving one-half or more of support from a member.

(9) "Disability allowance" means monthly payments during disability. This subsection shall apply only to plan I members.

(10)(a) "Earnable compensation" for plan I members, means:

(i) All salaries and wages paid by an employer to an employee member of the retirement system for personal services rendered during a fiscal year. In all cases where compensation includes maintenance the employer shall fix the value of that part of the compensation not paid in money.

(A) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have earned during a payroll period shall be considered earnable compensation and the individual shall receive the equivalent service credit.

(B) If a leave of absence, without pay, is taken by a member for the purpose of serving as a member of the state legislature, and such member has served in the legislature five or more years, the salary which would have been received for the position from which the leave of absence was taken shall be considered as compensation earnable if the employee's contribution thereon is paid by the employee. In addition, where a member has been a member of the state legislature for five or more years, earnable compensation for the member's two highest compensated consecutive years of service shall include a sum not to exceed thirty-six hundred dollars for each of such two consecutive years, regardless of whether or not legislative service was rendered during those two years.

(ii) For members employed less than full time under written contract with a school district, or community college district, in an instructional position, for which the member receives service credit of less than one year in all of the years used to determine the earnable compensation used for computing benefits due under RCW 41.32.497, 41.32.498, and 41.32.520, the member may elect to have earnable compensation defined as provided in RCW 41.32.345. For the purposes of this subsection, the term "instructional position" means a position in which more than seventy-five percent of the member's time is spent as a classroom instructor (including office hours), a librarian, or a counselor. Earnable compensation shall be so defined only for the purpose of the calculation of retirement benefits and only as necessary to insure that members who receive fractional service credit under RCW 41.32.270 receive benefits proportional to those received by members who have received full-time service credit.

(((iii) For members who receive service credit pursuant to RCW 41.32.034 or 41.32.355 for a period of authorized leave from a school district, the earnable compensation allowable for calculation of the member's average final compensation shall be the salary the member would have been paid by the district for the position the member occupied immediately prior to taking leave, as established in the district's collective bargaining agreement for nonsupervisory certificated employees.

(iv) For members who receive service credit pursuant to RCW 41.32.034 or 41.32.355 for a period of authorized leave from a community or technical college district, the earnable compensation allowable for calculation of average final compensation for periods of service authorized under this chapter shall be the average of the member's compensation earnable at both the time the authorized leave of absence was granted and the time the member resumed employment.))

(b) "Earnable compensation" for plan II members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay.

(i) Retroactive payments to an individual by an employer on reinstatement of the employee in a position or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have earned during a payroll period shall be considered earnable compensation, to the extent provided above, and the individual shall receive the equivalent service credit.

(ii) In any year in which a member serves in the legislature the member shall have the option of having such member's earnable compensation be the greater of:

(A) The earnable compensation the member would have received had such member not served in the legislature; or

(B) Such member's actual earnable compensation received for teaching and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B) of this subsection shall be paid by the member for both member and employer contributions.

(11) "Employer" means the state of Washington, the school district, or any agency of the state of Washington by which the member is paid.

(12) "Fiscal year" means a year which begins July 1st and ends June 30th of the following year.

(13) "Former state fund" means the state retirement fund in operation for teachers under chapter 187, Laws of 1923, as amended.

(14) "Local fund" means any of the local retirement funds for teachers operated in any school district in accordance with the provisions of chapter 163, Laws of 1917 as amended.

(15) "Member" means any teacher included in the membership of the retirement system. Also, any other employee of the public schools who, on July 1, 1947, had not elected to be exempt from membership and who, prior to that date, had by an authorized payroll deduction, contributed to the member reserve.

(16) "Membership service" means service rendered subsequent to the first day of eligibility of a person to membership in the retirement system: PROVIDED, That where a member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered. The provisions of this subsection shall apply only to plan I members.

(17) "Pension" means the moneys payable per year during life from the pension reserve.

(18) "Pension reserve" is a fund in which shall be accumulated an actuarial reserve adequate to meet present and future pension liabilities of the system and from which all pension obligations are to be paid.

(19) "Prior service" means service rendered prior to the first date of eligibility to membership in the retirement system for which credit is allowable. The provisions of this subsection shall apply only to plan I members.

(20) "Prior service contributions" means contributions made by a member to secure credit for prior service. The provisions of this subsection shall apply only to plan I members.

(21) "Public school" means any institution or activity operated by the state of Washington or any instrumentality or political subdivision thereof employing teachers, except the University of Washington and Washington State University.

(22) "Regular contributions" means the amounts required to be deducted from the compensation of a member and credited to the member's individual account in the member reserve. This subsection shall apply only to plan I members.

(23) "Regular interest" means such rate as the director may determine.

(24)(a) "Retirement allowance" for plan I members, means monthly payments based on the sum of annuity and pension, or any optional benefits payable in lieu thereof.

(b) "Retirement allowance" for plan II members, means monthly payments to a retiree or beneficiary as provided in this chapter.

(25) "Retirement system" means the Washington state teachers' retirement system.

(26)(a) "Service" means the time during which a member has been employed by an employer for compensation: PROVIDED, That where a member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered.

(b) "Service" for plan II members, means periods of employment by a member for one or more employers for which earnable compensation is earned subject to the following conditions:

(i) A member employed in an eligible position or as a substitute shall receive one service credit month for each month of September through August of the following year if he or she earns earnable compensation for eight hundred ten or more hours during that period and is employed during nine of those months, except that a member may not receive credit for any period prior to the member's employment in an eligible position except as provided in RCW 41.32.812 and 41.50.132;

(ii) If a member is employed either in an eligible position or as a substitute teacher for nine months of the twelve month period between September through August of the following year but earns earnable compensation for less than eight hundred ten hours but for at least six hundred thirty hours, he or she will receive one-half of a service credit month for each month of the twelve month period;

(iii) All other members in an eligible position or as a substitute teacher shall receive service credit as follows:

(A) A service credit month is earned in those calendar months where earnable compensation is earned for ninety or more hours;

(B) A half-service credit month is earned in those calendar months where earnable compensation is earned for at least seventy hours but less than ninety hours; and

(C) A quarter-service credit month is earned in those calendar months where earnable compensation is earned for less than seventy hours.

Any person who is a member of the teachers' retirement system and who is elected or appointed to a state elective position may continue to be a member of the retirement system and continue to receive a service credit month for each of the months in a state elective position by making the required member contributions.

When an individual is employed by two or more employers the individual shall only receive one month's service credit during any calendar month in which multiple service for ninety or more hours is rendered.

The department shall adopt rules implementing this subsection.

(27) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.

(28) "Service credit month" means a full service credit month or an accumulation of partial service credit months that are equal to one.

(29) "Teacher" means any person qualified to teach who is engaged by a public school in an instructional, administrative, or supervisory capacity. The term includes state, educational service district, and school district superintendents and their assistants and all employees certificated by the superintendent of public instruction; and in addition thereto any full time school doctor who is employed by a public school and renders service of an instructional or educational nature.

(30) "Average final compensation" for plan II members, means the member's average earnable compensation of the highest consecutive sixty service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.32.810(2).

(31) "Retiree" means any member in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by such member.

(32) "Department" means the department of retirement systems created in chapter 41.50 RCW.

(33) "Director" means the director of the department.

(34) "State elective position" means any position held by any person elected or appointed to state-wide office or elected or appointed as a member of the legislature.

(35) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).

(36) "Substitute teacher" means:

(a) A teacher who is hired by an employer to work as a temporary teacher, except for teachers who are annual contract employees of an employer and are guaranteed a minimum number of hours; or

(b) Teachers who either (i) work in ineligible positions for more than one employer or (ii) work in an ineligible position or positions together with an eligible position.

(37)(a) "Eligible position" for plan II members from June 7, 1990, through September 1, 1991, means a position which normally requires two or more uninterrupted months of creditable service during September through August of the following year.

(b) "Eligible position" for plan II on and after September 1, 1991, means a position that, as defined by the employer, normally requires five or more months of at least seventy hours of earnable compensation during September through August of the following year.

(c) For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position.

(d) The elected position of the superintendent of public instruction is an eligible position.

(38) "Plan I" means the teachers' retirement system, plan I providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.

(39) "Plan II" means the teachers' retirement system, plan II providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977.

(((40) "Education association" means an association organized to carry out collective bargaining activities, the majority of whose members are employees covered by chapter 41.59 RCW or academic employees covered by chapter 28B.52 RCW.))

Sec. 25. RCW 41.40.010 and 1991 c 343 s 6 and 1991 c 35 s 70 are each reenacted and amended to read as follows:

As used in this chapter, unless a different meaning is plainly required by the context:

(1) "Retirement system" means the public employees' retirement system provided for in this chapter.

(2) "Department" means the department of retirement systems created in chapter 41.50 RCW.

(3) "State treasurer" means the treasurer of the state of Washington.

(4)(a) "Employer" for plan I members, means every branch, department, agency, commission, board, and office of the state, any political subdivision or association of political subdivisions of the state admitted into the retirement system, and legal entities authorized by RCW 35.63.070 and 36.70.060 or chapter 39.34 RCW as now or hereafter amended; and the term shall also include any labor guild, association, or organization the membership of a local lodge or division of which is comprised of at least forty percent employees of an employer (other than such labor guild, association, or organization) within this chapter. The term may also include any city of the first class that has its own retirement system.

(b) "Employer" for plan II members, means every branch, department, agency, commission, board, and office of the state, and any political subdivision and municipal corporation of the state admitted into the retirement system, including public agencies created pursuant to RCW 35.63.070, 36.70.060, and 39.34.030.

(5) "Member" means any employee included in the membership of the retirement system, as provided for in RCW 41.40.023.

(6) "Original member" of this retirement system means:

(a) Any person who became a member of the system prior to April 1, 1949;

(b) Any person who becomes a member through the admission of an employer into the retirement system on and after April 1, 1949, and prior to April 1, 1951;

(c) Any person who first becomes a member by securing employment with an employer prior to April 1, 1951, provided the member has rendered at least one or more years of service to any employer prior to October 1, 1947;

(d) Any person who first becomes a member through the admission of an employer into the retirement system on or after April 1, 1951, provided, such person has been in the regular employ of the employer for at least six months of the twelve-month period preceding the said admission date;

(e) Any member who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement becomes entitled to be credited with ten years or more of membership service except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member;

(f) Any member who has been a contributor under the system for two or more years and who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement has rendered five or more years of service for the state or any political subdivision prior to the time of the admission of the employer into the system; except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member.

(7) "New member" means a person who becomes a member on or after April 1, 1949, except as otherwise provided in this section.

(8)(a) "Compensation earnable" for plan I members, means salaries or wages earned during a payroll period for personal services and where the compensation is not all paid in money, maintenance compensation shall be included upon the basis of the schedules established by the member's employer: PROVIDED, That retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable and the individual shall receive the equivalent service credit: PROVIDED FURTHER, That if a leave of absence is taken by an individual for the purpose of serving in the state legislature, the salary which would have been received for the position from which the leave of absence was taken, shall be considered as compensation earnable if the employee's contribution is paid by the employee and the employer's contribution is paid by the employer or employee.

(b) "Compensation earnable" for plan II members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude nonmoney maintenance compensation and lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay: PROVIDED, That retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable to the extent provided above, and the individual shall receive the equivalent service credit: PROVIDED FURTHER, That in any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:

(i) The compensation earnable the member would have received had such member not served in the legislature; or

(ii) Such member's actual compensation earnable received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under subparagraph (i) of this subsection is greater than compensation earnable under subparagraph (ii) of this subsection shall be paid by the member for both member and employer contributions.

(9)(a) "Service" for plan I members, except as provided in RCW 41.40.088, means periods of employment in an eligible position or positions for one or more employers rendered to any employer for which compensation is paid, and includes time spent in office as an elected or appointed official of an employer. Compensation earnable earned in full time work for seventy hours or more in any given calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service except as provided in RCW 41.40.088. Only service credit months and one-quarter service credit months shall be counted in the computation of any retirement allowance or other benefit provided for in this chapter. Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits.

Service by a state employee officially assigned by the state on a temporary basis to assist another public agency, shall be considered as service as a state employee: PROVIDED, That service to any other public agency shall not be considered service as a state employee if such service has been used to establish benefits in any other public retirement system: PROVIDED FURTHER, That an individual shall receive no more than a total of twelve service credit months of service during any calendar year: PROVIDED FURTHER, That where an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for seventy or more hours is rendered.

(b) "Service" for plan II members, means periods of employment by a member in an eligible position or positions for one or more employers for which compensation earnable is paid. Compensation earnable earned for ninety or more hours in any calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for at least seventy hours but less than ninety hours in any calendar month shall constitute one-half service credit month of service. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service.

Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits.

Service in any state elective position shall be deemed to be full time service, except that persons serving in state elective positions who are members of the teachers' retirement system or law enforcement officers' and fire fighters' retirement system at the time of election or appointment to such position may elect to continue membership in the teachers' retirement system or law enforcement officers' and fire fighters' retirement system.

A member shall receive a total of not more than twelve service credit months of service for such calendar year: PROVIDED, That when an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for ninety or more hours is rendered.

(10) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.

(11) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.

(12) "Prior service" means all service of an original member rendered to any employer prior to October 1, 1947.

(13) "Membership service" means:

(a) All service rendered, as a member, after October 1, 1947;

(b) All service after October 1, 1947, to any employer prior to the time of its admission into the retirement system: PROVIDED, That an amount equal to the employer and employee contributions which would have been paid to the retirement system on account of such service shall have been paid to the retirement system with interest (as computed by the department) on the employee's portion prior to retirement of such person, by the employee or his employer, except as qualified by RCW 41.40.023: PROVIDED FURTHER, That employer contributions plus employee contributions with interest submitted by the employee under this subsection shall be placed in the employee's individual account in the employees' savings fund and be treated as any other contribution made by the employee, with the exception that the contributions submitted by the employee in payment of the employer's obligation, together with the interest the director may apply to the employer's contribution, shall be excluded from the calculation of the member's annuity in the event the member selects a benefit with an annuity option;

(c) Service not to exceed six consecutive months of probationary service rendered after April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of the total amount of the employer's contribution to the retirement fund which would have been required under the law in effect when such probationary service was rendered if the member had been a member during such period, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member;

(d) Service not to exceed six consecutive months of probationary service, rendered after October 1, 1947, and before April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of five percent of such member's salary during said period of probationary service, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member.

(14)(a) "Beneficiary" for plan I members, means any person in receipt of a retirement allowance, pension or other benefit provided by this chapter.

(15) "Regular interest" means such rate as the director may determine.

(16) "Accumulated contributions" means the sum of all contributions standing to the credit of a member in the member's individual account together with the regular interest thereon.

(17)(a) "Average final compensation" for plan I members, means the annual average of the greatest compensation earnable by a member during any consecutive two year period of service credit months for which service credit is allowed; or if the member has less than two years of service credit months then the annual average compensation earnable during the total years of service for which service credit is allowed.

(b) "Average final compensation" for plan II members, means the member's average compensation earnable of the highest consecutive sixty months of service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.40.710(2).

(18) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of employment.

(19) "Annuity" means payments for life derived from accumulated contributions of a member. All annuities shall be paid in monthly installments.

(20) "Pension" means payments for life derived from contributions made by the employer. All pensions shall be paid in monthly installments.

(21) "Retirement allowance" means the sum of the annuity and the pension.

(22) "Employee" means any person who may become eligible for membership under this chapter, as set forth in RCW 41.40.023.

(23) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality and other tables as may be adopted by the director.

(24) "Retirement" means withdrawal from active service with a retirement allowance as provided by this chapter.

(25) "Eligible position" means:

(a) Any position that, as defined by the employer, normally requires five or more months of service a year for which regular compensation for at least seventy hours is earned by the occupant thereof. For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position;

(b) Any position occupied by an elected official or person appointed directly by the governor for which compensation is paid.

(26) "Ineligible position" means any position which does not conform with the requirements set forth in subsection (25) of this section.

(27) "Leave of absence" means the period of time a member is authorized by the employer to be absent from service without being separated from membership.

(28) "Totally incapacitated for duty" means total inability to perform the duties of a member's employment or office or any other work for which the member is qualified by training or experience.

(29) "Retiree" means any member in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by such member.

(30) "Director" means the director of the department.

(31) "State elective position" means any position held by any person elected or appointed to state-wide office or elected or appointed as a member of the legislature.

(32) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).

(33) "Plan I" means the public employees' retirement system, plan I providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.

(34) "Plan II" means the public employees' retirement system, plan II providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977.

NEW SECTION. Sec. 26. This act applies on a retroactive basis to members for whom compensation and hours were reported under the circumstances described in sections 1 through 6 of this act. This act may also be applied on a retroactive basis to January 1, 1992, to members for whom compensation and hours would have been reported except for chapter 3, Laws of 1992, or explicit instructions from the department of retirement systems.

NEW SECTION. Sec. 27. The following acts or parts of acts are each repealed:

(1) RCW 41.32.034 and 1992 c 3 s 1;

(2) RCW 41.32.355 and 1992 c 3 s 2; and

(3) 1992 c 3 s 4 (uncodified).

NEW SECTION. Sec. 28. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

Representatives Locke and Silver spoke in favor of adoption of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Sommers spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1670.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1670 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Dorn and Miller - 2.

Engrossed Substitute House Bill No. 1670, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1705, by Representatives L. Johnson, Cooke, Leonard, Riley, Cothern, King and Johanson

Extending the involuntary treatment act to cover the commitment of chemically dependent adults.

The bill was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives L. Johnson and Cooke spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 1705.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 1705 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Dorn and Miller - 2.

House Bill No. 1705, having received the constitutional majority, was declared passed.

MOTION

Representative Peery moved that the House defer consideration of House Bill No. 1724 and House Bill No. 1744 and the bills hold their place on the second reading calendar. The motion was carried.

HOUSE BILL NO. 1759, by Representatives H. Myers, Brough, Johanson, Miller, Locke, Ballasiotes, Chappell, Ludwig, Scott, Jones, Horn, Rayburn, Foreman, Roland, Forner and Wood

Changing sex offense provisions for perpetrators who are health care providers or persons with supervisory authority.

The bill was read the second time. On motion of Representative Appelwick, Substitute House Bill No. 1759 was substituted for House Bill No. 1759 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1759 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives H. Myers, Padden and Campbell spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1759.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1759 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Dorn and Miller - 2.

Substitute House Bill No. 1759, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1837, by Representatives Kessler, Mielke and Zellinsky; by request of Insurance Commissioner

Regulating credit for reinsurance.

The bill was read the second time. On motion of Representative Zellinsky, Substitute House Bill No. 1837 was substituted for House Bill No. 1837 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1837 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Kessler and Mielke spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1837.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1837 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Dorn and Miller - 2.

Substitute House Bill No. 1837, having received the constitutional majority, was declared passed.

MOTION

Representative Peery moved that the House defer consideration of House Bill No. 1946 and House Bill No. 1969 and they hold their place on the second reading calendar. The motion was carried.

HOUSE BILL NO. 2026, by Representatives Karahalios, Wood, Leonard and Kessler

Requiring notice about fetal alcohol syndrome.

The bill was read the second time. Committee on Commerce and Labor recommendation: Majority do pass substitute. Committee on Appropriations recommendation: Majority, do pass substitute by Committee on Commerce & Labor as amended by Committee on Appropriations. (For committee recommendations, see Journal 57th Day, March 8, 1993.)

On motion of Representative Heavey, Substitute House Bill No. 2026 was substituted for House Bill No. 2026 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2026 was read the second time.

Representative Valle moved adoption of the committee amendment and spoke in favor of them. The committee amendment were adopted.

The bill was ordered engrossed.

With consent of the House, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Karahalios, Wood and R. Johnson spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2026.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 2026 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Dorn and Miller - 2.

Engrossed Substitute House Bill No. 2026, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2032, by Representatives Appelwick and R. Fisher; by request of Administrator for the Courts

Authorizing counties with a population of one million or more to have family court and mental health commissioners.

The bill was read the second time.

With consent of the House, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Ludwig spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 2032.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 2032 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Dorn and Miller - 2.

House Bill No. 2032, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2061, by Representatives Chappell and King

Changing hunter education provisions.

The bill was read the second time. Representative King moved that the committee amendment by Committee on Fisheries and Wildlife not be adopted: (For committee amendment see Journal, 52nd Day, March 3, 1993.)

Representative King moved that the committee amendment not be adopted and spoke in favor of it. Representative Fuhrman spoke against it. The committee amendment was not adopted.

Representative Chappell moved adoption of the following amendment by Representatives Chappell, King and Fuhrman:

On page 1, line 5, after "persons" strike "((under the age of eighteen)) born after January 1, 1972," and insert "under the age of eighteen"

On page 1, after line 8, insert: "Beginning January 1, 1995, all persons purchasing a hunting license for the first time, if born after January 1, 1972, shall present such certification."

Representative Chappell spoke in favor of the amendment and it was adopted.

The bill was ordered engrossed.

With consent of the House, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Chappell, Fuhrman and Orr spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2061.

ROLL CALL

The Clerk called the roll on final passage of Engrossed House Bill No. 2061 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Dorn and Miller - 2.

Engrossed House Bill No. 2061, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2069, by Representatives Mielke and Zellinsky

Allowing institutions of higher education to cash student's and employee's checks.

The bill was read the second time.

With consent of the House, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Mielke and Zellinsky spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of House Bill No. 2069.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 2069 and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Voting nay: Representatives Cole, G. and Quall - 2.

Excused: Representatives Dorn and Miller - 2.

House Bill No. 2069, having received the constitutional majority, was declared passed.

With the consent of the House, the House reverted to Substitute House Bill No. 1299.

SUBSTITUTE HOUSE BILL NO. 1299, by Representatives Pruitt, Forner, J. Kohl, Shin, Flemming, Carlson, Peery, Basich, Scott, Cothern, Thibaudeau, Kessler, Holm, Karahalios, Eide, Linville, Johanson, G. Cole, Riley, Van Luven, Jacobsen, Wang, Leonard, Quall, Silver, Brumsickle, Thomas, H. Myers, Rayburn and L. Johnson; by request of Washington State School Directors Association, Board of Education and Superintendent of Public Instruction

Prohibiting firearms and dangerous weapons on school premises, with limited exceptions.

The bill was read the second time.

SPEAKER'S RULING

The Speaker: Representative Appelwick, the Speaker is prepared to rule on your point of order regarding the scope and object of Amendment 128 to Substitute House Bill No. 1299. The Speaker has examined the bill and the amendment by Representative Casada.

Substitute House Bill No. 1299 is an act relating to student safety and discipline. It defines the criminal liability of adults and students carrying firearms or other dangerous weapons onto school property. It also deals with the disciplinary authority of school districts.

Amendment 128 by Representative Casada alters the Department of Licensing's authority to revoke a juvenile's driver's license to include any firearms offense, whether or not related to schools or students. The Speaker finds that amendment 128 does change the scope and object of Substitute House Bill No. 1299 because it brings in unrelated issues: non-school- related offenses under RCW Chapter 9.41.

The point of order is well taken. The amendment is out of order.

With the consent of the House, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Appelwick, Padden, Campbell, Carlson, and Pruitt spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1299.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1299 and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

Voting nay: Representatives Fuhrman and Stevens - 2.

Excused: Representatives Dorn and Miller - 2.

Substitute House Bill No. 1299, having received the constitutional majority, was declared passed.

STATEMENTS FOR THE JOURNAL

I wish to change my vote from "NO" to "YES" on Substitute House Bill No. 1299. I meant to support the bill in its present form with the corrective amendments which improved the bill as it was originally written.

STEVE FUHRMAN, 7th District

I intended to vote "YES" instead of "NO" on Substitute House Bill No. 1299.

VAL STEVENS, 39th District

The Speaker declared the House to be at ease.

The Speaker (Representative R. Meyers presiding) called the House to order.

MESSAGE FROM THE SENATE

March 13, 1993

Mr. Speaker:

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 5620,

SENATE BILL NO. 5660,

SUBSTITUTE SENATE BILL NO. 5744,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5940,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

MOTION

Representative Peery moved that the House consider the following bills in the following order, House Bill No. 1667, House Bill No. 1744, House Bill No. 1949, House Bill No. 1969 and House Bill No. 2073. The motion was carried.

HOUSE BILL NO. 1667, by Representatives Romero, H. Myers, Heavey, Finkbeiner and Wolfe

Prohibiting additives for on-site sewage disposal systems.

The bill was read the second time. On motion of Representative G. Fisher, Substitute House Bill No. 1667 was substituted for House Bill No. 1667 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1667 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Romero and Horn spoke in favor of passage of the bill and Representative Forner spoke against it.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1667.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1667 and the bill passed the House by the following vote: Yeas - 69, Nays - 29, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Chappell, Cole, G., Conway, Cothern, Dellwo, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Scott, Shin, Sommers, Talcott, Thibaudeau, Valle, Vance, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 69.

Voting nay: Representatives Ballard, Ballasiotes, Casada, Chandler, Cooke, Dorn, Dyer, Edmondson, Foreman, Forner, Fuhrman, Heavey, Lisk, Mielke, Morton, Padden, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Springer, Stevens, Tate, Thomas, Van Luven, Wood and Zellinsky - 29.

Substitute House Bill No. 1667, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1744, by Representatives Heavey, G. Cole, Brough and Orr

Changing provisions relating to the LEOFF system.

The bill was read the second time. On motion of Representative Locke, Substitute House Bill No. 1744 was substituted for House Bill No. 1744 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1744 was read the second time.

Representative Sommers moved adoption of the following amendment by Representatives Sommers and Silver:

On page 14, line 13, after "require" strike "a port district" and insert "the employer"

On page 14, beginning on line 15, after "RCW" strike all material down to and including "41.26.030" on line 17

Representatives Sommers and Silver spoke in favor of adoption of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Heavey and Silver spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1744.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1744 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

Engrossed Substitute House Bill No. 1744, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1949, by Representatives Morris, Wang, Appelwick, Brough, Rust, Foreman, Springer, Peery, Ogden, Dunshee, Sommers, G. Cole, G. Fisher, R. Meyers, Riley, Mastin, Quall, Kessler, Romero, Karahalios, Shin, Basich, Heavey, Zellinsky, Ludwig, Roland, L. Johnson, Orr, Valle, Flemming, Bray, Holm, Hansen, Rayburn, Wolfe, Anderson, Finkbeiner, H. Myers, R. Fisher, Locke, Brown, Sheldon, Johanson, Veloria, Cothern, Scott, Leonard, Jacobsen, R. Johnson, King, Linville, Pruitt, Eide, Campbell, Grant, J. Kohl and Patterson

Prohibiting tax exempt nonprofit organizations from political activity.

The bill was read the second time. On motion of Representative G. Fisher, Substitute House Bill No. 1949 was substituted for House Bill No. 1949 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1949 was read the second time.

Representative Fuhrman moved adoption of the following amendment by Representatives Fuhrman and Morris:

On page 1, line 6, after "is" strike "a privilege"

On page 1, line 11, after "granted." strike everything through "bills." on line 15 and insert "The legislature further finds that, because of the nature of the state's tax system, many essential services, such as education, and police and fire protection, are paid by the citizens through their property tax bills."

On page 1, line 17, after "for the" strike "privilege of"

On page 2, line 1, after "corporations" strike all material through "and" on line 3.

Representative Fuhrman spoke in favor of adoption of the amendment and it was adopted.

On motion of Representative Heavey, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Morris spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1949.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1949 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Voting nay: Representative Van Luven - 1.

Engrossed Substitute House Bill No. 1949, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1969, by Representatives Wang, Locke, Silver, Wineberry, Sommers, Forner, Kremen, Jones, Springer, Patterson, Ogden and J. Kohl

Creating the "Washington serves" voluntary service program.

The bill was read the second time. On motion of Representative Locke, Substitute House Bill No. 1969 was substituted for House Bill No. 1969 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1969 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Wang and Forner spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1969.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1969 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Voting nay: Representative Wineberry - 1.

Substitute House Bill No. 1969, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2073, by Representative Wang

Modifying eligibility requirements for the nonprofit homes for the aging property tax exemption.

The bill was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Wang and Foreman spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2073.

ROLL CALL

The Clerk called the roll on final passage of House Bill No. 2073 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Voting nay: Representative Van Luven - 1.

House Bill No. 2073, having received the constitutional majority, was declared passed.

The Speaker (Representative R. Meyers presiding) declared the House to be at ease.

The Speaker (Representative Appelwick presiding) called the House to order.

MOTION

Representative Sheldon moved that the House immediately consider House Bill No. 1493. The motion was carried.

HOUSE BILL NO. 1493, by Representatives Wineberry, Forner, Shin, Sheldon, Leonard, Basich, Locke, J. Kohl, Morris and Anderson

Assisting minority and women-owned businesses.

Representative Sheldon moved that the House defer consideration of House Bill No. 1493 and the bill hold its place on the second reading calendar. The motion was carried.

HOUSE BILL NO. 1635, by Representatives Zellinsky, Schmidt, King, Ballard, Dorn, Sehlin, Heavey, Kremen, Brough, Sheldon, Wood, Jones, Jacobsen, J. Kohl, R. Johnson, Karahalios, Holm, Scott, Orr, Kessler, Pruitt, R. Fisher, Wang, Springer, Quall, Conway, Anderson, Shin, Veloria, Leonard, Campbell, R. Meyers, Ballasiotes, Vance, Foreman, Patterson, Valle, Johanson, Miller, Chandler, G. Fisher, Roland, Linville and Cothern

Purchasing jumbo ferries.

The bill was read the second time. On motion of Representative R. Fisher, Substitute House Bill No. 1635 was substituted for House Bill No. 1635 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1635 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Zellinsky, Schmidt, R. Fisher and Heavey spoke in favor of passage of the bill.

The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Substitute House Bill No. 1635.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1635 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

Substitute House Bill No. 1635, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1662, by Representatives Wineberry, Shin, Forner, Sheldon, Wang, Riley, Ogden, Silver, Valle, Jones, Holm, Basich, Rayburn, Jacobsen, Kremen, Cooke and J. Kohl; by request of Department of Trade and Economic Development

Reauthorizing the community economic revitalization board.

The bill was read the second time. Committee on Trade, Economic Development & Housing recommendation: Majority, do pass substitute. Committee on Capital Budget recommendation: Majority, do pass substitute by Committee on Trade, Economic Development & Housing as amended by Committee on Appropriations. (For committee amendment see Journal, 57th Day, March 8, 1993.)

On motion of Representative Wineberry, Substitute House Bill No. 1662 was substituted for House Bill No. 1662 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1662 was read the second time.

Representative Wang moved adoption of the committee amendment and spoke in favor of them.

The committee amendment was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Wineberry and Forner spoke in favor of passage of the bill.

The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1662.

ROLL CALL

The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1662 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

Engrossed Substitute House Bill No. 1662, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1678, by Representatives Eide, Brough, Wineberry, Pruitt, Valle, Quall and Sheldon

Continuing funding for Operation New Market.

The bill was read the second time. On motion of Representative Valle, Substitute House Bill No. 1678 was substituted for House Bill No. 1678 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1678 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Eide, Wineberry and Forner spoke in favor of passage of the bill.

The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Substitute House Bill No. 1678.

ROLL CALL

The Clerk called the roll on final passage of Substitute House Bill No. 1678 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

Substitute House Bill No. 1678, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1776, by Representatives Wineberry, Ballard, Jacobsen, Wood, Finkbeiner, Reams, Ogden, Vance, Peery, Cooke, Dorn, Johanson, R. Meyers, Campbell, Miller, Brough, Horn, Long, Foreman, J. Kohl and Forner

Creating the office of science and technology.

The bill was read the second time. Committee on Trade, Economic Development & Housing recommendation: Majority, do pass substitute. Committee on Appropriations recommendation: Majority, do pass substitute by Committee on Trade, Economic Development & Housing as amended by Committee on Appropriations. (For committee amendment see Journal, 57th Day, March 8, 1993.)

On motion of Representative Wineberry, Substitute House Bill No. 1776 was substituted for House Bill No. 1776 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1776 was read the second time.

Representative Locke moved the committee amendments and spoke in favor of it. The committee amendment was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Wineberry and Forner spoke in favor of passage of the bill.

The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1776.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1776, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

Engrossed Substitute House Bill No. 1776, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1785, by Representatives Locke, J. Kohl, Rust, Jacobsen, Wineberry, Shin, Dunshee, Holm, Pruitt, Jones, Finkbeiner, King, Basich, Quall, Orr, Johanson, Leonard and Anderson

Creating jobs to restore and enhance Washington's estuaries, waterways, forests, and watersheds.

The bill was read the second time. Committee on Environmental Affairs recommendation: Majority, do pass substitute. Committee on Appropriations recommendation: Majority, do pass substitute by Committee on Environmental Affairs as amended by Committee on Appropriations. (For committee amendment see Journal, 57th Day, March 8, 1993.)

On motion of Representative Rust, Substitute House Bill No. 1785 was substituted for House Bill No. 1785 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1785 was read the second time.

Representative Locke moved the committee amendment and spoke in favor of it. The committee amendment were adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Locke, Basich, J. Kohl, Edmondson, Horn and Foreman spoke in favor of passage of the bill and Representative Morton spoke against it.

The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1785.

POINT OF INQUIRY

Representative Locke yielded to a question by Representative Edmondson.

Representative Edmondson: In the amendment, in how the bill has changed, are you saying this is merely a structure to receive federal funds, is or that there will be state appropriations in future legislation.

Representative Locke: This is structure legislation. It's setting up an account. There are no appropriations in this legislation. There is also no tax source in this legislation. This account could receive fund money, either the existing monies that are now flowing through the department, or enhancement money, either this biennium or future biennium. For instance we spend a lot of money through the Parks Department, Department of Ecology, Natural Resources, Puget Sound Water Quality Authority, and the thought id some that of money that would otherwise be spent in the normal course of events quality would directly to the council so that there's coordination between what the Department of Ecology is doing and what Department of Natural Resources is doing so that one agency isn't cleaning up streams downstream, while another agency is doing something that's counter-productive upstream together.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1785 , and the bill passed the House by the following vote: Yeas - 85, Nays - 13, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Scott, Sehlin, Sheldon, Shin, Silver, Sommers, Springer, Talcott, Tate, Thibaudeau, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 85.

Voting nay: Representatives Ballasiotes, Chandler, Edmondson, Fuhrman, Lisk, Morton, Padden, Schmidt, Schoesler, Sheahan, Stevens, Thomas and Van Luven - 13.

Engrossed Substitute House Bill No. 1785, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1790, by Representatives Patterson, Ballard, Wood, Ogden, Pruitt, Jones, King, Jacobsen, Basich, Wang, Kremen, Rayburn, Sehlin, Schoesler, Karahalios, Lemmon, H. Myers, Reams, Schmidt, Cooke and Stevens; by request of Department of Community Development

Authorizing public works board project loans.

The bill was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

The Speaker called on Representative R. Meyers to preside.

Representatives Patterson and Sehlin spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1790.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1790, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

House Bill No. 1790, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1799, by Representatives Wineberry, Forner, Shin, Morris, Springer, Valle and Karahalios

Clarifying the use of funds for economic development by the economic development finance authority.

The bill was read the second time. On motion of Representative Ogden, Substitute House Bill No. 1799 was substituted for House Bill No. 1790 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1790 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Wineberry, Shin, Wang, Forner and Sehlin spoke in favor of passage of the bill and Representatives Silver and Riley spoke against it.

Representative Wineberry again spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1799.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1799, and the bill passed the House by the following vote: Yeas - 86, Nays - 12, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brown, Brumsickle, Campbell, Carlson, Casada, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Sommers, Springer, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 86.

Voting nay: Representatives Ballard, Brough, Chandler, Dyer, Foreman, Heavey, Lisk, Locke, Riley, Silver, Stevens and Thomas - 12.

Substitute House Bill No. 1799, having received the constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4016, by Representatives Valle, Wood, Springer, Shin, Forner, Quall, Casada, Sheldon, Morris, Jacobsen, Wolfe, L. Johnson, Karahalios, Chappell and J. Kohl

Requesting the federal government to enhance the promotion of mathematics, science, and technology.

The memorial was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the memorial was placed on final passage.

Representative Valle spoke in favor of passage of the memorial.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Joint Memorial No. 4016.

ROLL CALL

The Clerk called the roll on the final passage of House Joint Memorial No. 4016 , and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

House Joint Memorial No. 4016, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1006, by Representatives R. Fisher, Zellinsky, Brumsickle, Dorn, R. Meyers, Miller, Scott, Sheldon, Wineberry, Ogden, Wood, Schmidt, Ballasiotes, Forner, Cooke, Talcott, Chandler, Leonard, Jacobsen, Eide, Horn and Pruitt

Enabling public-private transportation initiatives.

The bill was read the second time. On motion of Representative R. Fisher, Substitute House Bill No. 1006 was substituted for House Bill No. 1006 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1006 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives R. Fisher and Schmidt spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1006.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1006, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

Substitute House Bill No. 1006, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1107, by Representatives R. Fisher and Jacobsen

Requiring yielding right of way to buses.

The bill was read the second time. Committee on Transportation recommendation: Majority, do pass as amended. (For committee amendment see Journal, 31st Day, February 10, 1993.)

Representative R. Fisher moved that the committee amendment be adopted and spoke in favor of the amendment. The committee amendment was adopted.

The bill was ordered engrossed.

On motion of Representative J. Kohl, Representative Leonard was excused.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives R. Fisher and Schmidt spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1107.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1107, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Leonard - 1.

Engrossed House Bill No. 1107, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1276, by Representatives R. Fisher, Schmidt, R. Meyers, Brown, Jones, Johanson, Cothern, J. Kohl, Horn and Wood; by request of Department of Transportation

Developing a public transportation policy plan.

The bill was read the second time. On motion of Representative R. Fisher, Substitute House Bill No. 1276 was substituted for House Bill No. 1276 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1276 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives R. Fisher and Schmidt spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1276.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1276, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Leonard - 1.

Substitute House Bill No. 1276, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1928, by Representatives R. Fisher, Quall, Locke, Roland and Johanson

Providing for more comprehensive regional transportation planning.

The bill was read the second time. On motion of Representative R. Fisher, Substitute House Bill No. 1928 was substituted for House Bill No. 1928, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1928 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives R. Fisher and Schmidt spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1928.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1928, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Leonard - 1.

Substitute House Bill No. 1928, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1942, by Representatives R. Fisher, Quall, Locke and Johanson

Facilitating state-wide transportation planning.

The bill was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives R. Fisher and Schmidt spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1942.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1942, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Leonard - 1.

House Bill No. 1942, having received the constitutional majority, was declared passed.

MOTION

Representative Sheldon moved that the House defer House Bill No. 1984 and the bill hold its place on the second reading calendar. The motion was carried.

HOUSE BILL NO. 2036, by Representatives R. Fisher, Locke and Johanson

Providing multimodal transportation funding.

The bill was read the second time. On motion of Representative R. Fisher, Substitute House Bill No. 2036 was substituted for House Bill No. 2036, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2036 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives R. Fisher and Schmidt spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2036.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2036, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Leonard - 1.

Substitute House Bill No. 2036, having received the constitutional majority, was declared passed.

MOTION

Representative Peery moved that the House consider the following bills in the following order: House Bill No. 1144, House Bill No. 1350, House Bill No. 1356, House Bill No. 1419, House Bill No. 1771 and House Bill No. 1999. The motion was carried.

HOUSE BILL NO. 1144, by Representatives Rust, Linville, Leonard, H. Myers, Campbell, Jacobsen, Valle, R. Fisher, Ogden, J. Kohl and Locke; by request of Office of Marine Safety

Providing a funding mechanism for the office of marine safety's field operations.

The bill was read the second time. On motion of Representative Rust, Substitute House Bill No. 1144 was substituted for House Bill No. 1144, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1144 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives Rust and Horn spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1144.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1144, and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Tate, Thibaudeau, Thomas, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

Voting nay: Representatives Talcott and Van Luven - 2.

Excused: Representative Leonard - 1.

Substitute House Bill No. 1144, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I wish to change my vote from "NO" to "YES"on Substitute House Bill No. 1144.

GIGI TALCOTT, 28th District

HOUSE BILL NO. 1350, by Representatives King, Fuhrman, Basich, Wood, Orr, Tate, Johanson and Foreman

Requiring pink shrimp endorsements.

The bill was read the second time. On motion of Representative King, Substitute House Bill No. 1350 was substituted for House Bill No. 1350, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1350 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representative King spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1350.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1350, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Leonard - 1.

Substitute House Bill No. 1350, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1356, by Representatives Rust, Horn, Roland and Valle; by request of Department of Health

Modifying penalties and compliance for public water systems.

The bill was read the second time. On motion of Representative Rust, Substitute House Bill No. 1356 was substituted for House Bill No. 1356, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1356 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives Rust and Horn spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1356.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1356, and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

Voting nay: Representatives Karahalios and Sehlin - 2.

Excused: Representative Leonard - 1.

Substitute House Bill No. 1356, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1419, by Representatives G. Fisher, Horn and Rust; by request of Department of Ecology

Including the water pollution control revolving fund in the funds that will be credited with earnings of investments of surplus funds.

The bill was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives G. Fisher and Foreman spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1419.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1419, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Leonard - 1.

House Bill No. 1419, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1771, by Representatives King and Jacobsen

Taking measures to prevent the destruction of fish protection devices.

The bill was read the second time. On motion of Representative King, Substitute House Bill No. 1771 was substituted for House Bill No. 1771, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1771 was read the second time.

Representative King moved the following amendment by Representatives King and Foreman:

On page 2, line 2, after "to" insert "unnecessarily"

On page 2, line 3, after "causes" strike "unnecessary harm to fish life" and insert "a substantial risk of death to fish. Unnecessary modification includes modification other than that necessary for maintenance and operation or research, provided such maintenance and operation or research is conducted in a manner to minimize risk of death to fish"

On page 2, line 24, after "to" insert "unnecessarily"

On page 2, line 25, after "causes" strike "unnecessary harm to fish life" and insert "a substantial risk of death to fish. Unnecessary modification includes modification other than that necessary for maintenance and operation or research, provided such maintenance and operation or research is conducted in a manner to minimize risk of death to fish"

Representative King spoke in favor of adoption of the amendment and it was adopted.

Representative King moved the following amendment by Representatives King and Foreman:

On page 2, strike line 6 and insert "destroyed, damaged, or modified, or caused to be unlawfully destroyed, damaged, or modified,"

On page 2, line 9, before "destruction" insert "unlawful"

On page 2, strike line 28 and insert "destroyed, damaged, or modified, or caused to be unlawfully destroyed, damaged, or modified,"

On page 2, line 31, before "destruction" insert "unlawful"

Representative King spoke in favor of adoption of the amendment and it was adopted.

Representative King moved the following amendment by Representative King:

On page 3, line 5, after "chapter" strike "90.03 RCW" and insert "75.20 RCW"

Representative King spoke in favor of adoption of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives King and Foreman spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1771.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1771, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Leonard - 1.

Engrossed Substitute House Bill No. 1771, having received the constitutional majority, was declared passed.

The Speaker (Representative R. Meyers presiding) declared the House to be at ease.

The Speaker (Representative R. Meyers presiding) called the House to order.

MESSAGE FROM THE SENATE

March 13, 1993

Mr. Speaker:

The Senate has passed:

SENATE BILL NO. 5028,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5061,

SUBSTITUTE SENATE BILL NO. 5068,

SUBSTITUTE SENATE BILL NO. 5145,

SUBSTITUTE SENATE BILL NO. 5222,

SUBSTITUTE SENATE BILL NO. 5316,

SENATE BILL NO. 5358,

SENATE BILL NO. 5384,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5454,

SUBSTITUTE SENATE BILL NO. 5471,

ENGROSSED SENATE BILL NO. 5508,

ENGROSSED SENATE BILL NO. 5522,

ENGROSSED SENATE BILL NO. 5544,

SENATE BILL NO. 5572,

SUBSTITUTE SENATE BILL NO. 5606,

SENATE BILL NO. 5649,

SENATE BILL NO. 5675,

SUBSTITUTE SENATE BILL NO. 5922,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

MOTION

Representative Peery moved that the House consider the following bills in the following order: House Bill No. 1464, House Bill No. 1140, House Bill No. 1300 and House Bill No. 1984. The motion was carried.

HOUSE BILL NO. 1464, by Representatives Horn, H. Myers, Edmondson, Rayburn, Bray, R. Fisher, Zellinsky and Springer

Making laws relating to local government office vacancies more uniform.

The bill was read the second time. On motion of Representative H. Myers, Substitute House Bill No. 1464 was substituted for House Bill No. 1464, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1464 was read the second time.

Representative Horn moved the following amendment by Representatives Horn, H. Myers and Edmondson:

On page 64, after line 7, insert the following:

"Sec. 75. RCW 70.77.177 and 1984 c 249 s 6 are each amended to read as follows:

"Local fire official" means the chief of a local fire department ((or fire protection district,)) or a chief fire protection officer or such other person as may be designated by the governing body of a city((,)) or county((, or district)) to act as a local fire official under this chapter.

NEW SECTION. Sec. 76. A new section is added to chapter 70.77 RCW to read as follows:

"City" means any city or town.

Sec. 77. RCW 70.77.265 and 1984 c 249 s 12 are each amended to read as follows:

The local fire official receiving an application for a permit under RCW 70.77.260(1) shall investigate the application and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the governing body of the city((,)) or county((, or fire protection district)).

Sec. 78. RCW 70.77.270 and c 249 s 13 are each amended to read as follows:

The governing body of a city((,)) or county((, or fire protection district)) may grant or deny an application for a permit under RCW 70.77.260(1). The governing body may place reasonable conditions on any permit it issues.

Sec. 79. RCW 70.77.280 and 1984 c 249 s 14 are each amended to read as follows:

The local fire official receiving an application for a permit under RCW 70.77.260(2) for a public display of fireworks shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. Based on the investigation, the official shall submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the governing body of the city((,)) or county((, or fire protection district)). The governing body may grant or deny the application and may place reasonable conditions on any permit it issues.

Sec. 80. RCW 70.77.355 and 1986 c 266 s 105 are each amended to read as follows:

(1) Any adult person may secure a general license from the director of community development, through the director of fire protection, for the public display of fireworks within the state of Washington. A general license is subject to the provisions of this chapter relative to the securing of local permits for the public display of fireworks in any city((,)) or county((, or fire protection district)), except that in lieu of filing the bond or certificate of public liability insurance with the appropriate local official under RCW 70.77.260 as required in RCW 70.77.285, the same bond or certificate shall be filed with the director of community development, through the director of fire protection. The bond or certificate of insurance for a general license in addition shall provide that: (a) The insurer will not cancel the insured's coverage without fifteen days prior written notice to the director of community development, through the director of fire protection; (b) the duly licensed pyrotechnic operator required by law to supervise and discharge the public display, acting either as an employee of the insured or as an independent contractor and the state of Washington, its officers, agents, employees, and servants are included as additional insureds, but only insofar as any operations under contract are concerned; and (c) the state is not responsible for any premium or assessments on the policy.

(2) The director of community development, through the director of fire protection, may issue such general licenses. The holder of a general license shall file a certificate from the director of community development, through the director of fire protection, evidencing the license with any application for a local permit for the public display of fireworks under RCW 70.77.260.

Sec. 81. RCW 70.77.450 and 1986 c 266 s 113 are each amended to read as follows:

The director of community development, through the director of fire protection, may make an examination of the books and records of any licensee, or other person relative to fireworks, and may visit and inspect the premises of any licensee he may deem at any time necessary for the purpose of enforcing the provisions of this chapter. The licensee, owner, lessee, manager, or operator of any such building or premises shall permit the director of community development, through the director of fire protection, his or her deputies((, his or her)) or salaried assistants ((and the chief of any city or county fire department or fire protection district)), the local fire official, and their authorized representatives to enter and inspect the premises at the time and for the purpose stated in this section."

Representative Horn spoke in favor of adoption of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representative Horn spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1464.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1464, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Voting nay: Representative Heavey - 1.

Excused: Representative Leonard - 1.

Engrossed Substitute House Bill No. 1464, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1140, by Representatives Locke, Horn, H. Myers, Eide, Valle, Rust, Leonard, Basich, Franklin, Shin, Springer and J. Kohl

Revising provisions relating to metropolitan municipal corporations.

The bill was read the second time. On motion of Representative H. Myers, Substitute House Bill No. 1140 was substituted for House Bill No. 1140, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1140 was read the second time.

Representative H. Myers moved the following amendment by Representatives H. Myers and Edmondson:

On page 6, beginning on line 20, strike all of section 5

Representatives H. Myers and Edmondson spoke in favor of adoption of the amendment and it was adopted.

Representative H. Myers moved the following amendment by Representatives H. Myers and Edmondson:

On page 10, beginning on line 33, strike all of section 12 and insert the following:

"Sec. 29. RCW 35.58.410 and 1965 c 7 s 35.58.410 are each amended to read as follows:

(1) On or before the third Monday in June of each year, each metropolitan municipal corporation shall adopt a budget for the following calendar year. Such budget shall include a separate section for each authorized metropolitan function. Expenditures shall be segregated as to operation and maintenance expenses and capital and betterment outlays. Administrative and other expense general to the corporation shall be allocated between the authorized metropolitan functions. The budget shall contain an estimate of all revenues to be collected during the following budget year, including any surplus funds remaining unexpended from the preceding year. ((The remaining funds required to meet budget expenditures, if any, shall be designated as "supplemental income" and shall be obtained from the component cities and counties in the manner provided in this chapter.)) The metropolitan council shall not be required to confine capital or betterment expenditures made from bond proceeds or emergency expenditures to items provided in the budget. The affirmative vote of three-fourths of all members of the metropolitan council shall be required to authorize emergency expenditures.

(2) Subsection (1) of this section shall not apply to a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW. This subsection (2) shall apply only to each county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW.

Each county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW shall, on or before the third Monday in June of each year, prepare an estimate of all revenues to be collected during the following calendar year, including any surplus funds remaining unexpended from the preceding year for each authorized metropolitan function.

As long as any general obligation indebtedness remains outstanding that was issued by the metropolitan municipal corporation prior to the assumption by the county, the county shall continue to impose the taxes authorized by RCW 82.14.045 and 35.58.273(5) at the maximum rates and on all of the taxable events authorized by law. If, despite the continued imposition of those taxes, the estimate of revenues made on or before the third Monday in June shows that estimated revenues will be insufficient to make all debt service payments falling due in the following calendar year on all general obligation indebtedness issued by the metropolitan municipal corporation prior to the assumption by the county of the rights, powers, functions, and obligations of the metropolitan municipal corporation, the remaining amount required to make the debt service payments shall be designated as "supplemental income" and shall be obtained from component cities and component counties as provided under RCW 35.58.420.

The county shall prepare and adopt a budget each year in accordance with applicable general law or county charter. If supplemental income has been designated under this subsection, the supplemental income shall be reflected in the budget that is adopted. If during the budget year the actual tax revenues from the taxes imposed under the authority of RCW 82.14.045 and 35.58.273(5) exceed the estimates upon which the supplemental income was based, the difference shall be refunded to the component cities and component counties in proportion to their payments promptly after the end of the budget year. A county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW shall not be required to confine capital or betterment expenditures for authorized metropolitan functions from bond proceeds or emergency expenditures to items provided in the budget."

Representatives H. Myers and Edmondson spoke in favor of adoption of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1140.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1140, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Leonard - 1.

Engrossed Substitute House Bill No. 1140, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1300, by Representatives Appelwick, Padden, J. Kohl, Riley, Forner, Ballasiotes, Schmidt, Brough, Long, Thibaudeau, Karahalios, Franklin, Johanson, G. Cole, Wood, Casada, Jacobsen, Leonard and H. Myers

Revising laws relating to discrimination.

The bill was read the second time. On motion of Representative Appelwick, Substitute House Bill No. 1300 was substituted for House Bill No. 1300, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1300 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives Appelwick and Padden spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1300.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1300, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Leonard - 1.

Substitute House Bill No. 1300, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1984, by Representatives R. Fisher, Schmidt, Zellinsky, R. Meyers, Orr and Van Luven

Revising pilotage law.

The bill was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives R. Fisher and Schmidt spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1984.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1984, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

Excused: Representative Leonard - 1.

House Bill No. 1984, having received the constitutional majority, was declared passed.

MOTION

Representative Peery moved that the House consider the following bills in the following order: House Bill No. 1089, House Bill No. 1309, House Bill No. 1320, House Bill No. 1357 and House Bill No. 1809. The motion was carried.

HOUSE BILL NO. 1089, by Representatives J. Kohl, Horn, Rust and Pruitt; by request of Department of Ecology

Changing air quality operating permit requirements.

The bill was read the second time. Committee on Environmental Affairs recommendation: Majority, do pass substitute. Committee on Revenue recommendation: Majority, do pass substitute by Committee on Environmental Affairs as amended by Committee on Revenue. (For committee amendment see Journal, 57th Day, March 8, 1993.)

On motion of Representative Rust, Substitute Bill No. 1089 was substituted for House Bill No. 1089, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1089 was read the second time.

Representative G. Fisher moved adoption of the committee amendment and it was adopted.

Representative G. Fisher moved that the committee amendment on page 2, line 23 not be adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

POINT OF INQUIRY

Representative J. Kohl yielded to a question by Representative Horn.

Representative Horn: Section 8(3) (d) allows source-specific RACT (reasonably available control technology) determinations "prior to the development of a categorical RACT rule."

Does this language prohibit a source-specific RACT determination for a source covered by a categorical rule developed prior to the 1991 Clean Air Washington Act?

Representative J. Kohl: No. The exception in section 8(3) (d) is intended to refer to categorical RACT rules developed subsequent to the passage of the 1991 Act. This language allows a source-specific RACT determination until such time as a post-1991 categorical RACT rule has been developed.

Representative Horn: Section 8(5) of the bill states that Ecology and local air authorities shall address, where practicable, all contaminants deemed to be of concern for that source or source category when making RACT determinations.

If a source emits multiple air contaminants that are of concern, does this mean that Ecology or the local authority should make every effort to address all such contaminants during the course of the review?

Representative J. Kohl: It is intended that Ecology and local air authorities make every effort to address all contaminants of concern simultaneously. However, the intent of the language is not to preclude Ecology or the local air authorities from establishing standards for particular air pollutants at a later date.

Representative Horn: Section 8(7) authorizes Ecology and the local air authorities to collect fees covering "determinations of RACT requirements as defined under this section and RCW 70.94.331(9)."

Does the reference to determinations "made under this section and RCW 70.94.331(9)" mean that a source might have to pay two fees for a single determination by Ecology or a local authority?

Representative J. Kohl. No. It is intended that a source be assessed a single fee for a particular RACT determination or revision; a source will not be charged twice for the same agency decision.

Representatives J. Kohl and Horn spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1089.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1089, and the bill passed the House by the following vote: Yeas - 84, Nays - 13, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Scott, Sehlin, Sheldon, Shin, Sommers, Springer, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 84.

Voting nay: Representatives Chandler, Edmondson, Fuhrman, Hansen, Lisk, Mielke, Morton, Padden, Schoesler, Sheahan, Silver, Stevens and Van Luven - 13.

Excused: Representative Leonard - 1.

Engrossed Substitute House Bill No. 1089, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1309, by Representatives King, Orr, Scott, G. Cole, Basich, Lemmon, Morris, Jones, Rust, Holm, R. Meyers, Johanson, J. Kohl, Jacobsen and Leonard

Protecting and recovering wild salmonids.

The bill was read the second time. Committee on Fisheries & Wildlife recommendation: Majority, do pass substitute. Committee on Appropriations recommendation: Majority, do pass substitute by Committee on Fisheries & Wildlife as amended by Committee on Appropriations. (For committee amendments see Journal, 57th Day, March 8, 1993.)

On motion of Representative King, Substitute House Bill No. 1309 was substituted for House Bill No. 1309 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1309 was read the second time.

Representative Valle moved adoption of the committee amendments and spoke in favor of the them. The committee amendments were adopted.

Representative Fuhrman moved the following amendment by Representatives Fuhrman and King:

On page 3, line 14, after "interests," insert "the Washington rangelands committee,"

Representative Fuhrman spoke in favor of adoption of the amendment and it was adopted.

Representative King moved the following amendment by Representatives King and Fuhrman:

On page 6, line 21, after "water" strike "right permits" and insert "((right permits)) rights"

On page 6, line 22, after "water" strike "right permits" and insert "((permits)) rights"

Representative King spoke in favor of adoption of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives King and Basich spoke in favor of passage of the bill and Representative Fuhrman spoke against it.

The Speaker assumed the chair.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1309.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1309, and the bill passed the House by the following vote: Yeas - 92, Nays - 5, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheldon, Shin, Silver, Sommers, Springer, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.

Voting nay: Representatives Fuhrman, Hansen, Morton, Sheahan and Stevens - 5.

Excused: Representative Leonard - 1.

Engrossed Substitute House Bill No. 1309, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I wish to change my vote from "YES" to "NO" on Engrossed Substitute House Bill No. 1309.

GARY CHANDLER, 13th District

RECONSIDERATION

Representative Miller moved that the House immediately reconsider the vote in which Engrossed Substitute House Bill No. 1368 failed to pass the House.

Representative Padden spoke in favor of the motion to reconsider Engrossed Substitute House Bill No. 1368.

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1368 on reconsideration.

Representative Padden spoke in favor of passage of the bill and Representative Locke spoke against it.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1368, and the bill passed the House by the following vote: Yeas - 57, Nays - 40, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Brough, Brown, Campbell, Carlson, Casada, Chappell, Cole, G., Conway, Cooke, Cothern, Dunshee, Eide, Finkbeiner, Forner, Fuhrman, Grant, Hansen, Holm, Jacobsen, Johanson, Johnson, L., Jones, Kessler, King, Kohl, J., Lemmon, Linville, Locke, Long, Ludwig, Mastin, Miller, Morton, Myers, H., Padden, Pruitt, Riley, Romero, Schoesler, Scott, Sheahan, Shin, Silver, Sommers, Springer, Stevens, Thibaudeau, Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood and Mr. Speaker - 57.

Voting nay: Representatives Ballard, Ballasiotes, Basich, Bray, Brumsickle, Chandler, Dellwo, Dorn, Dyer, Edmondson, Fisher, G., Fisher, R., Flemming, Foreman, Heavey, Horn, Johnson, R., Karahalios, Kremen, Lisk, Meyers, R., Mielke, Morris, Ogden, Orr, Patterson, Peery, Quall, Rayburn, Reams, Roland, Rust, Schmidt, Sehlin, Sheldon, Talcott, Tate, Thomas, Vance and Zellinsky - 40.

Excused: Representative Leonard - 1.

Engrossed Substitute House Bill No. 1368, having received the constitutional majority, was declared passed.

The Speaker called upon Representative R. Meyers to preside.

HOUSE BILL NO. 1320, by Representatives Pruitt and R. Johnson

Modifying the forest fire protection assessment.

The bill was read the second time. Committee on Natural Resources & Parks recommendation: Majority, do pass substitute. Committee on Revenue recommendation: Majority, do pass substitute by Committee on Natural Resources & Parks as amended by Committee on Revenue. (For committee amendments see Journal, 57th Day, March 8, 1993.)

On motion of Representative Pruitt, Substitute House Bill No. 1320 was substituted for House Bill No. 1320 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1320 was read the second time.

Representative G. Fisher moved adoption of the committee amendments and spoke in favor of them. The committee amendments were adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representative Pruitt spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1320.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1320, and the bill passed the House by the following vote: Yeas - 83, Nays - 14, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Scott, Sehlin, Sheldon, Shin, Sommers, Springer, Talcott, Tate, Thibaudeau, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 83.

Voting nay: Representatives Ballard, Chandler, Dyer, Foreman, Fuhrman, Lisk, Morton, Padden, Schoesler, Sheahan, Silver, Stevens, Thomas and Van Luven - 14.

Excused: Representative Leonard - 1.

Engrossed Substitute House Bill No. 1320, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1357, by Representatives Rust, Horn, Roland and Valle; by request of Department of Health

Modifying certification of public water supply system operators.

The bill was read the second time. On motion of Representative Rust, Substitute House Bill No. 1357 was substituted for House Bill No. 1357, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1357 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives Rust and Horn spoke in favor of passage of the bill.

On motion of Representative Fuhrman, Representative Padden was excused.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1357.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1357, and the bill passed the House by the following vote: Yeas - 75, Nays - 21, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Eide, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Locke, Long, Ludwig, Meyers, R., Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Romero, Rust, Scott, Sehlin, Sheldon, Shin, Sommers, Springer, Talcott, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 75.

Voting nay: Representatives Ballard, Casada, Dyer, Edmondson, Finkbeiner, Fuhrman, Lisk, Mastin, Mielke, Morton, Reams, Roland, Schmidt, Schoesler, Sheahan, Silver, Stevens, Tate, Thomas, Vance and Van Luven - 21.

Excused: Representatives Leonard and Padden - 2.

Substitute House Bill No. 1357, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1809, by Representatives Locke and Wang

Permitting the pooling of department of natural resources trust management accounts.

The bill was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representative Locke spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1809.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1809, and the bill passed the House by the following vote: Yeas - 78, Nays - 18, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Scott, Sehlin, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 78.

Voting nay: Representatives Ballard, Casada, Chandler, Cooke, Dyer, Foreman, Fuhrman, Lisk, Mielke, Morton, Schoesler, Sheahan, Silver, Stevens, Talcott, Tate, Thomas and Van Luven - 18.

Excused: Representatives Leonard and Padden - 2.

House Bill No. 1809, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1999, by Representatives Campbell, Grant, Mastin and Veloria

Requiring back-up power for public water systems.

The bill was read the second time. On motion of Representative Finkbeiner, Substitute House Bill No. 1999 was substituted for House Bill No. 1999, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1999 was read the second time.

Representative Sheldon moved the following amendment by Representatives Sheldon, Grant and Casada:

On page 3, line 3, after "systems" insert ". These provisions shall not apply to a public water system with fewer than one hundred connections which is owned by a non-profit association"

Representative Sheldon spoke in favor of adoption of the amendment and it was adopted.

Representative Sheldon moved the following amendment by Representative R. Meyers:

On page 3, line 6, after "systems;" strike "and" and insert "((and))"

On page 3, line 8, after "plants" insert "; and

(ix) A process by which public water districts can acquire water systems by condemnation or otherwise"

Representative Sheldon spoke in favor of adoption of the amendment and it was adopted.

The bill was ordered engrossed.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives Campbell and Miller spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1999.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1999, and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

Voting nay: Representative Springer - 1.

Excused: Representatives Leonard and Padden - 2.

Engrossed Substitute House Bill No. 1999, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1072, by Representatives Appelwick, Ludwig, Johanson and Ogden

Changing provisions relating to guardians ad litem.

The bill was read the second time. On motion of Representative Ludwig, Substitute House Bill No. 1072 was substituted for House Bill No. 1072, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1072 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representative Ludwig spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1072.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1072, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Leonard and Padden - 2.

Substitute House Bill No. 1072, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1093, by Representatives Zellinsky, R. Fisher, Bray, Springer, Rayburn, Dunshee, Edmondson, Foreman, Brough, Miller and Forner

Revising provisions relating to compensation of local officials.

The bill was read the second time. On motion of Representative H. Myers, Substitute House Bill No. 1093 was substituted for House Bill No. 1093, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1093 was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

Representatives Zellinsky and Edmondson spoke in favor of passage of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1093.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1093, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

Excused: Representatives Leonard and Padden - 2.

Substitute House Bill No. 1093, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 1153, by Representative R. Johnson

Restricting property divisions.

The bill was read the second time.

On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.

On motion of Representative Wood, Representatives Ballasiotes and Edmondson were excused.

Representatives R. Johnson, Quall and Dunshee spoke in favor of passage of the bill and Representatives Heavey, Foreman, Horn and Schoesler spoke against it.

Representative R. Johnson again spoke in favor of the bill.

The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1153.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1153, and the bill failed to passed the House by the following vote:Yeas - 38, Nays - 57, Absent - 0, Excused - 3.

Voting yea: Representatives Anderson, Appelwick, Bray, Brough, Brown, Campbell, Cole, G., Conway, Cothern, Dellwo, Eide, Fisher, G., Fisher, R., Flemming, Grant, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, King, Kohl, J., Locke, Ogden, Patterson, Peery, Pruitt, Quall, Romero, Rust, Scott, Sommers, Springer, Valle, Veloria, Wang, Wolfe and Mr. Speaker - 38.

Voting nay: Representatives Ballard, Basich, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Dorn, Dunshee, Dyer, Edmondson, Finkbeiner, Foreman, Forner, Fuhrman, Hansen, Heavey, Horn, Johanson, Karahalios, Kessler, Kremen, Lemmon, Linville, Lisk, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Orr, Rayburn, Reams, Riley, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Stevens, Talcott, Tate, Thibaudeau, Thomas, Vance, Van Luven, Wineberry, Wood and Zellinsky - 57.

Excused: Representatives Ballasiotes, Leonard and Padden - 3.

House Bill No. 1153, not having received the constitutional majority, was declared failed.

The Speaker assumed the chair.

MOTION

Representative Sheldon moved that the House immediately consider House Bill No. 1457 on the second reading calendar. The motion was carried.

HOUSE BILL NO. 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

Raising the minimum dollar amount requiring competitive bidding by school districts.

The bill was read the second time. On motion of Representative Dorn, Substitute House Bill No. 1457 was substituted for House Bill No. 1457, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1457 was read the second time.

Representative G. Fisher moved adoption of the amendment by Representatives G. Fisher, G. Cole, Jones, Holm, Wang and Locke:

On page 1, line 19, after ((seventy five hundred)), strike "fifteen" and insert "twenty five"

On page 1, line 19, after "dollars", insert "if more than one craft or trade is involved with the school district improvement or repair, or fifteen thousand dollars if a single craft or trade is involved with the school district improvement or repair"

On page 2, line 21, after "project" insert "that involves more than one craft or trade"

On page 2, line 22, after ((seventy five hundred)), strike "fifteen", and insert "twenty five"

On page 2, line 23, after "process", insert ": PROVIDED, That when such building, improvement, repair or other public works project involves a single trade or craft, and the cost is estimated to be in excess of fifteen thousand dollars, it shall be on a competitive bid process"

Representatives G. Fisher, Jones, Carlson and Pruitt spoke in favor of adoption of the amendment and Representatives Brough, Fuhrman, Vance and Brumsickle spoke against it.

Representative Fuhrman demanded an electronic roll call and the demand was sustained.

On motion of Representative Wood, Representatives Thomas and Schmidt were excused.

With the consent of the House, further consideration of Substitute House Bill No. 1457 was deferred and the bill held its place on the second reading calendar.

NOTICE OF RECONSIDERATION

Representative H. Myers, having voted on the prevailing side, moved that the House reconsider the vote by which House Bill No. 1153 failed to pass the House.

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

MOTION

On motion of Representative Peery, the House adjourned until 9:00 a.m., Monday, March 15, 1993.

BRIAN EBERSOLE, Speaker

ALAN THOMPSON, Chief Clerk