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SEVENTY-EIGHTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Monday, March 29, 1993
The House was called to order at 10:00 a.m. by the Speaker (Representative R. Meyers presiding). The Clerk called the roll and a quorum was present.
The Speaker assumed the chair.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Richard Christenson and Mavissa Di Julio. Prayer was offered by Representative Sarah Casada.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
The Speaker called on Representative R. Meyers to preside.
MESSAGE FROM THE SENATE
March , 1993
Mr. Speaker:
The President has signed:
HOUSE CONCURRENT RESOLUTION NO. 4416,
and the same is herewith transmitted.
Marty Brown, Secretary
MESSAGE FROM THE SENATE
March , 1993
Mr. Speaker:
The President has signed:
ENGROSSED HOUSE BILL NO. 1022,
ENGROSSED HOUSE BILL NO. 1238,
SUBSTITUTE HOUSE BILL NO. 1578,
and the same are herewith transmitted.
Marty Brown, Secretary
There being no objection, the House advanced to the fifth order of business.
REPORTS OF STANDING COMMITTEES
March 25, 1993
HJM 4022 Prime Sponsor, Representative Zellinsky: Urging repeal of unfairly restrictive and burdensome federal banking laws. Reported by Committee on Financial Institutions & Insurance
MAJORITY recommendation: Do pass. Signed by Representatives Zellinsky, Chair; Scott, Vice Chair; Mielke, Ranking Minority Member; Dyer, Assistant Ranking Minority Member; Anderson; Grant; R. Johnson; Kessler; Kremen; Lemmon; R. Meyers; Reams; Schmidt; and Tate.
Excused: Representatives Dellwo and Dorn.
Passed to Committee on Rules for second reading.
March 26, 1993
SB 5164 Prime Sponsor, Wojahn: Exempting nonprofit organizations providing credit services from the business and occupation tax. Reported by Committee on Revenue
MAJORITY recommendation: Do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Brown; Cothern; Morris; Silver; Talcott; Thibaudeau; and Van Luven.
MINORITY recommendation: Do not pass. Signed by Representatives Romero; Rust; and Wang.
Excused: Representatives Fuhrman, Assistant Ranking Minority Member, Anderson, Leonard and Romero.
Passed to Committee on Rules for second reading.
March 26, 1993
SB 5251 Prime Sponsor, Bauer: Requiring identification for the nonresident sales tax exemption. Reported by Committee on Revenue
MAJORITY recommendation: Do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Brown; Cothern; Morris; Romero; Rust; Silver; Talcott; Thibaudeau; Van Luven; and Wang.
Excused: Representatives Fuhrman, Assistant Ranking Minority Member, Anderson and Leonard.
Passed to Committee on Rules for second reading.
March 25, 1993
SSB 5263 Prime Sponsor, Committee on Agriculture: Regulating the marketing of milk. Reported by Committee on Agriculture & Rural Development
MAJORITY recommendation: Do pass with the following amendment:
On page 7, after line 18, strike all material through "impractical." on line 25, and insert the following:
"(3) Except as provided in subsection (4) of this section, the director, within ((sixty)) ninety days from the date the results of ((the)) a referendum approved under subsection (2) of this section are filed with the secretary of state, shall adopt rules to establish a market pool in the market area, as provided for in this chapter. In conducting hearings on rules proposed for adoption under this subsection, the director shall invite public comment on whether milk regulation similar to the market area pooling plan proposed in the rules exists in neighboring states and whether a lack of such milk regulation in neighboring states would render such a market area pooling plan in this state ineffective or impractical."
On page 7, line 26, strike "(3)" and insert "(((3))) (4) If, following hearings held under subsection (3) of this section, the director determines that the lack of milk regulation in neighboring states similar to the market area pooling plan proposed for this state would render such a pooling arrangement in this state ineffective or impractical, the director shall so state in writing. The director shall file the statement with the code reviser for publication in the Washington State Register. In such a case, a market area pooling plan shall not be established in the market area under subsection (3) of this section based upon the referendum that precipitated the hearings. If the director determines that such a lack of milk regulation in neighboring states would not render such a market area pooling plan ineffective or impractical in this state, the director shall adopt rules in accordance with subsection (3) of this section.
(5)"
On page 7, line 32, strike "(4)" and insert "(((4))) (6)" On page 10, line 18, after "fund." insert "Moneys from such assessments shall be used to provide testing of the milk in a state-certified laboratory."
Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Chandler, Ranking Minority Member; Schoesler, Assistant Ranking Minority Member; Chappell; Foreman; Grant; Karahalios; Lisk; and Roland.
Passed to Committee on Rules for second reading.
March 25, 1993
SSB 5270 Prime Sponsor, Senator Moore: Creating a department of financial institutions. Reported by Committee on Financial Institutions & Insurance
MAJORITY recommendation: Do pass. Signed by Representatives Zellinsky, Chair; Scott, Vice Chair; Mielke, Ranking Minority Member; Dyer, Assistant Ranking Minority Member; Anderson; Grant; R. Johnson; Kessler; Kremen; Lemmon; R. Meyers; Reams; Schmidt and Tate.
Excused: Representatives Dellwo and Dorn.
Referred to Committee on Appropriations.
March 25, 1993
2SSB 5288 Prime Sponsor, Committee on Ways & Means: Extending the expiration date of the solid waste collection tax. Reported by Committee on Environmental Affairs
MAJORITY recommendation: Do pass. Signed by Representatives Rust, Chair; Flemming, Vice Chair; Horn, Ranking Minority Member; Bray; Foreman; Hansen; Holm; L. Johnson; J. Kohl; Linville; and Roland.
MINORITY recommendation: Without recommendation. Signed by Representatives Van Luven, Assistant Ranking Minority Member; and Edmondson.
Referred to Committee on Revenue.
March 25, 1993
ESSB 5320 Prime Sponsor, Committee on Ecology & Parks: Adopting limits on phosphorus contents in certain detergents. Reported by Committee on Environmental Affairs
MAJORITY recommendation: Do pass. Signed by Representatives Rust, Chair; Flemming, Vice Chair; Van Luven, Assistant Ranking Minority Member; Bray; Holm; L. Johnson; J. Kohl; Linville; and Roland.
MINORITY recommendation: Do not pass. Signed by Representatives Horn, Ranking Minority Member; Edmondson; Foreman; Hansen; and Sheahan.
Passed to Committee on Rules for second reading.
March 26, 1993
SSB 5368 Prime Sponsor, Senator Owen: Creating a sales tax exemption for certain vessels. Reported by Committee on Revenue
MAJORITY recommendation: Do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Brown; Cothern; Morris; Romero; Rust; Silver; Talcott; Thibaudeau; Van Luven; and Wang.
Excused: Representatives Fuhrman, Assistant Ranking Minority Member, Anderson and Leonard.
Passed to Committee on Rules for second reading.
March 25, 1993
SB 5384 Prime Sponsor, Moore: Regulating investment advisory contracts. Reported by Committee on Financial Institutions & Insurance
MAJORITY recommendation: Do pass. Signed by Representatives Zellinsky, Chair; Mielke, Ranking Minority Member; Dyer, Assistant Ranking Minority Member; Anderson; Grant; Kessler; Kremen; Lemmon; R. Meyers; Reams; Schmidt; and Tate.
Excused: Representatives Scott, Vice Chair, Dellwo, Dorn and R. Johnson.
Passed to Committee on Rules for second reading.
March 25, 1993
SB 5385 Prime Sponsor, Moore: Creating the uniform commercial code fund. Reported by Committee on Financial Institutions & Insurance
MAJORITY recommendation: Do pass. Signed by Representatives Zellinsky, Chair; Scott, Vice Chair; Mielke, Ranking Minority Member; Dyer, Assistant Ranking Minority Member; Anderson; Grant; Kessler; Kremen; Lemmon; R. Meyers; Reams; Schmidt and Tate.
Excused: Representatives Dellwo, Dorn and R. Johnson.
Referred to Committee on Revenue.
March 25, 1993
SSB 5407 Prime Sponsor, Committee on Ecology & Parks: Regarding county administration of agricultural burning permits. Reported by Committee on Environmental Affairs
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.94.650 and 1991 c 199 s 408 are each amended to read as follows:
(1) Any person who proposes to set fires in the course of
(a) weed abatement,
(b) instruction in methods of fire fighting (((except forest fires))), except forest fire training, or
(c) agricultural activities((,)) shall((, prior to carrying out the same,)) obtain a permit from an air pollution control authority ((or)), the department of ecology, ((as appropriate. Each such authority and the department of ecology shall, by rule or ordinance, establish a permit system to carry out the provisions of this section except as provided in RCW 70.94.660)) or a local entity delegated permitting authority under RCW 70.94.654. General permit criteria of state-wide applicability ((for ruling on such permits)) shall be established by the department, by rule, after consultation with the various air pollution control authorities. Permits shall be issued under this section based on seasonal operations or by individual operations, or both. All permits ((so issued)) shall be conditioned to insure that the public interest in air, water, and land pollution and safety to life and property is fully considered. In addition to any other requirements established by the department to protect air quality pursuant to other laws, applicants for permits must show that the setting of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to successfully carry out the enterprise in which the applicant is engaged, or both. All burning permits will be designed to minimize air pollution insofar as practical. Nothing in this section shall relieve the applicant from obtaining permits, licenses, or other approvals required by any other law. An application for a permit to set fires in the course of agricultural burning for controlling diseases, insects, weed abatement or development of physiological conditions conducive to increased crop yield, shall be acted upon within seven days from the date such application is filed. The department of ecology and local air authorities shall provide convenient methods for issuance and oversight of agricultural burning permits. The department and local air authorities shall, through agreement, work with counties and cities to provide convenient methods for granting permission for agricultural burning, including telephone, facsimile transmission, issuance from local city or county offices, or other methods.
(2) ((Except as provided in RCW 70.94.780)) Permit fees shall be assessed for ((outdoor)) burning under this section and shall be collected by the department of ecology ((or)), the appropriate local air authority, or a local entity delegated permitting authority pursuant to RCW 70.94.654 at the time the permit is issued. All fees collected shall be deposited in the air pollution control account created in RCW 70.94.015, except for that portion of the fee necessary to cover local costs of administering a permit issued under this section. Fees shall be set by rule by the permitting agency at the level determined by the task force created by subsection (4) of this section, but shall not exceed two dollars and fifty cents per acre to be burned. After fees are established by rule, any increases in such fees shall be limited to annual inflation adjustments as determined by the state office of the economic and revenue forecast council.
(3) Conservation districts and the Washington State University agricultural extension program in conjunction with the department shall develop public education material for the agricultural community identifying the health and environmental ((affects [effects])) effects of agricultural outdoor burning and providing technical assistance in alternatives to agricultural outdoor burning.
(4) An agricultural burning practices and research task force shall be established under the direction of the department. The task force shall be composed of a representative from the department who shall serve as chair; one representative of eastern Washington local air authorities; three representatives of the agricultural community from different agricultural pursuits; one representative of the department of agriculture; two representatives from universities or colleges knowledgeable in agricultural issues; one representative of the public health or medical community; and one representative of the conservation districts. The task force shall identify best management practices for reducing air contaminant emissions from agricultural activities and provide such information to the department and local air authorities. The task force shall determine the level of fees to be assessed by the permitting agency pursuant to subsection (2) of this section, based upon the level necessary to cover the costs of administering and enforcing the permit programs, to provide funds for research into alternative methods to reduce emissions from such burning, and to the extent possible be consistent with fees charged for such burning permits in neighboring states. The fee level shall provide, to the extent possible, for lesser fees for permittees who use best management practices to minimize air contaminant emissions. The task force shall identify research needs related to minimizing emissions from agricultural burning and alternatives to such burning. Further, the task force shall make recommendations to the department on priorities for spending funds provided through this chapter for research into alternative methods to reduce emissions from agricultural burning.
Sec. 2. RCW 70.94.654 and 1991 c 199 s 409 are each amended to read as follows:
(1) Whenever the department of ecology shall find that any fire protection agency, county, or conservation district which is outside the jurisdictional boundaries of an activated air pollution control authority is capable of effectively administering the issuance and enforcement of permits for any or all of the kinds of burning identified in RCW 70.94.650 and desirous of doing so, the department of ecology may delegate powers necessary for the issuance or enforcement, or both, of permits for any or all of the kinds of burning to the fire protection agency, county, or conservation district. Such delegation may be withdrawn by the department of ecology upon its finding that the fire protection agency, county, or conservation district is not effectively administering the permit program.
(2) A local air authority may delegate authority to issue and enforce permits for burning under RCW 70.94.650 to any fire protection agency, county, or conservation district within the jurisdictional boundaries of the local air authority. A local air authority may withdraw delegation if the local air authority finds that the fire protection agency, county, or conservation district is not effectively administering the permit program."
Signed by Representatives Rust, Chair; Flemming, Vice Chair; Horn, Ranking Minority Member; Van Luven, Assistant Ranking Minority Member; Bray; Edmondson; Foreman; Hansen; Holm; L. Johnson; J. Kohl; Linville; Roland; and Sheahan.
Passed to Committee on Rules for second reading.
March 25, 1993
SSB 5432 Prime Sponsor, Committee on Labor & Comm: Studying discrimination based on race and national origin in home mortgage lending. Reported by Committee on Financial Institutions & Insurance
MAJORITY recommendation: Do pass. Signed by Representatives Zellinsky, Chair; Scott, Vice Chair; Mielke, Ranking Minority Member; Dyer, Assistant Ranking Minority Member; Anderson; Grant; Kessler; Kremen; Lemmon; R. Meyers; Reams; Schmidt; and Tate.
Excused: Representatives Dellwo, Dorn and R. Johnson.
Passed to Committee on Rules for second reading.
March 25, 1993
SSB 5443 Prime Sponsor, Committee on Agriculture: Modifying the regulation of livestock. Reported by Committee on Agriculture & Rural Development
MAJORITY recommendation: Do pass with the following amendment.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 16.65.030 and 1991 c 17 s 1 are each amended to read as follows:
(1) On and after June 10, 1959, no person shall operate a public livestock market without first having obtained a license from the director. Application for such license or renewal thereof shall be in writing on forms prescribed by the director, and shall include the following:
(a) A legal description of the property upon which the public livestock market shall be located.
(b) A complete description and blueprints or plans of the public livestock market physical plant, yards, pens, and all facilities the applicant proposes to use in the operation of such public livestock market.
(c) A detailed statement showing all the assets and liabilities of the applicant which must reflect a sufficient net worth to construct or operate a public livestock market.
(d) The schedule of rates and charges the applicant proposes to impose on the owners of livestock for services rendered in the operation of such livestock market.
(e) The weekly or monthly sales day or days on which the applicant proposes to operate his or her public livestock market sales.
(f) Projected source and quantity of livestock, by county, anticipated to be handled.
(g) Projected income and expense statements for the first year's operation.
(h) Facts upon which are based the conclusion that the trade area and the livestock industry will benefit because of the proposed market.
(i) Such other information as the director may reasonably require.
(2) The director shall, after public hearing as provided by chapter 34.05 RCW, grant or deny an application for original license for a public livestock market after considering evidence and testimony relating to all of the requirements of this section and giving reasonable consideration at the same hearing to:
(a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application; and
(b) The present market services elsewhere available to the trade area proposed to be served.
(3) Such application shall be accompanied by a license fee based on the average gross sales volume per official sales day of that market:
(a) Markets with an average gross sales volume up to and including ten thousand dollars, a fee of no less than one hundred ((dollar fee)) dollars or more than one hundred fifty dollars;
(b) Markets with an average gross sales volume over ten thousand dollars and up to and including fifty thousand dollars, a fee of no less than two hundred ((dollar fee)) dollars or more than three hundred fifty dollars; and
(c) Markets with an average gross sales volume over fifty thousand dollars, a fee of no less than three hundred ((dollar fee)) dollars or more than four hundred fifty dollars.
The fees for public livestock market licensees shall be set by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act.
(4) Any applicant operating more than one public livestock market shall make a separate application for a license to operate each such public livestock market, and each such application shall be accompanied by the appropriate license fee.
(5) Upon the approval of the application by the director and compliance with the provisions of this chapter, the applicant shall be issued a license or renewal thereof. Any license issued under the provisions of this chapter shall only be valid at location and for the sales day or days for which the license was issued.
Sec. 2. RCW 16.65.090 and 1983 c 298 s 8 are each amended to read as follows:
The director shall provide for brand inspection. When such brand inspection is required the licensee shall collect from the consignor and pay to the department, as provided by law, a fee for brand inspection for each animal consigned to the public livestock market or special open consignment horse sale((: PROVIDED, That if in any one sale day the total fees collected for brand inspection do not exceed sixty dollars, then such licensee shall pay sixty dollars for such brand inspection or as much thereof as the director may prescribe)). The director shall set by rule, adopted after a hearing under chapter 34.05 RCW and in conformance with section 10 of this act, a minimum daily inspection fee that shall be paid to the department by the licensee. Such a fee shall be not less than sixty dollars and not more than ninety dollars.
Sec. 3. RCW 16.58.050 and 1979 c 81 s 2 are each amended to read as follows:
The application for an annual license to engage in the business of operating one or more certified feed lots shall be accompanied by a license fee of no less than five hundred dollars or no more than seven hundred fifty dollars. The actual license fee for a certified feed lot license shall be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act. Upon approval of the application by the director and compliance with the provisions of this chapter and rules ((and regulations)) adopted hereunder, the applicant shall be issued a license or a renewal thereof.
Sec. 4. RCW 16.58.130 and 1991 c 109 s 14 are each amended to read as follows:
Each licensee shall pay to the director a fee of no less than ten cents but no more than fifteen cents for each head of cattle handled through the licensee's feed lot. The fee shall be set by the director by rule after a hearing under chapter 34.05 RCW and in conformance with section 10 of this act. Payment of such fee shall be made by the licensee on a monthly basis. Failure to pay as required shall be grounds for suspension or revocation of a certified feed lot license. Further, the director shall not renew a certified feed lot license if a licensee has failed to make prompt and timely payments.
Sec. 5. RCW 16.57.080 and 1991 c 110 s 1 are each amended to read as follows:
The director shall establish by rule a schedule for the renewal of registered brands. The fee for renewal of the brands shall be no less than twenty-five dollars for each two-year period of brand ownership, except that the director may, in adopting a renewal schedule, provide for the collection of renewal fees on a prorated basis and may by rule increase the registration and renewal fee for brands by no more than fifty percent subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act. At least one hundred twenty days before the expiration of a registered brand, the director shall notify by letter the owner of record of the brand that on the payment of the requisite application fee and application of renewal the director shall issue the proof of payment allowing the brand owner exclusive ownership and use of the brand for the subsequent registration period. The failure of the registered owner to pay the renewal fee by the date required by rule shall cause such owner's brand to revert to the department. The director may for a period of one year following such reversion, reissue such brand only to the prior registered owner upon payment of ((twenty-five dollars and an additional fee of ten dollars)) the registration fee and a late filing fee to be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act, for renewal subsequent to the regular renewal period. The director may at ((his)) the director's discretion, if such brand is not reissued within one year to the prior registered owner, issue such brand to any other applicant.
Sec. 6. RCW 16.57.090 and 1974 ex.s. c 64 s 3 are each amended to read as follows:
A brand is the personal property of the owner of record. Any instrument affecting the title of such brand shall be acknowledged in the presence of the recorded owner and a notary public. The director shall record such instrument upon presentation and payment of a ((ten dollar)) recording fee not to exceed fifteen dollars to be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act. Such recording shall be constructive notice to all the world of the existence and conditions affecting the title to such brand. A copy of all records concerning the brand, certified by the director, shall be received in evidence to all intent and purposes as the original instrument. The director shall not be personally liable for failure of ((his)) the director's agents to properly record such instrument.
Sec. 7. RCW 16.57.140 and 1974 ex.s. c 64 s 4 are each amended to read as follows:
The owner of a brand of record may procure from the director a certified copy of the record of ((his)) the owner's brand upon payment of ((five dollars)) a fee not to exceed seven dollars and fifty cents to be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act.
Sec. 8. RCW 16.57.220 and 1981 c 296 s 17 are each amended to read as follows:
The director shall cause a charge to be made for all brand inspection of cattle and horses required under this chapter and rules ((and regulations)) adopted hereunder. Such charges shall be paid to the department by the owner or person in possession unless requested by the purchaser and then such brand inspection shall be paid by the purchaser requesting such brand inspection. Such inspection charges shall be due and payable at the time brand inspection is performed and shall be paid upon billing by the department and if not shall constitute a prior lien on the cattle or cattle hides or horses or horse hides brand inspected until such charge is paid. The director in order to best utilize the services of the department in performing brand inspection ((shall)) may establish schedules by days and hours when a brand inspector will be on duty to perform brand inspection at established inspection points. The fees for brand inspection ((performed at inspection points according to schedules established by the director)) shall be not less than ((thirty cents nor more than)) fifty cents nor more than seventy-five cents per head for cattle and not less than two dollars nor more than three dollars per head for horses as prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act. Fees for brand inspection of cattle and horses performed by the director at points other than those designated by the director or not in accord with the schedules established by ((him)) the director shall be based on a fee schedule not to exceed actual net cost to the department of performing the brand inspection service. Such schedule of fees shall be established subsequent to a hearing and all regulations concerning fees shall be adopted in accord with the provisions of chapter 34.05 RCW, the Administrative Procedure Act, concerning the adoption of rules as enacted or hereafter amended.
Sec. 9. RCW 16.57.400 and 1981 c 296 s 23 are each amended to read as follows:
The director may provide by rules and regulations adopted pursuant to chapter 34.05 RCW for the issuance of individual horse and cattle identification certificates or other means of horse and cattle identification deemed appropriate. Such certificates or other means of identification shall be valid only for the use of the horse and cattle owner in whose name it is issued.
Horses and cattle identified pursuant to the provisions of this section and the rules and regulations adopted hereunder shall not be subject to brand inspection except when sold at points provided for in RCW 16.57.380. The director shall charge a fee for the certificates or other means of identification authorized pursuant to this section and no identification shall be issued until the director has received the fee. The schedule of fees shall be established in accordance with the provisions of chapter 34.05 RCW.
NEW SECTION. Sec. 10. A new section is added to chapter 16.57 RCW to read as follows:
(1) The director shall establish a livestock identification advisory board. The board shall be composed of six members appointed by the director. One member shall represent each of the following groups: Beef producers, public livestock market operators, horse owners, dairy farmers, cattle feeders, and meat processors. In making appointments, the director shall solicit nominations from organizations representing these groups state-wide.
(2) The purpose of the board is to provide advice to the director regarding livestock identification programs administered under this chapter and regarding brand inspection fees and related licensing fees. The director shall consult the board before adopting, amending, or repealing a rule under this chapter or altering a fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090. If the director publishes in the state register a proposed rule to be adopted under the authority of this chapter or a proposed rule setting a fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090 and the rule has not received the approval of the advisory board, the director shall file with the board a written statement setting forth the director's reasons for proposing the rule without the board's approval.
(3) The members of the advisory board serve three-year terms. However, the director shall by rule provide shorter initial terms for some of the members of the board to stagger the expiration of the initial terms. The members serve without compensation. The director may authorize the expenses of a member to be reimbursed if the member is selected to attend a regional or national conference or meeting regarding livestock identification. Any such reimbursement shall be in accordance with RCW 43.03.050 and 43.03.060.
Sec. 11. RCW 16.57.410 and 1989 c 286 s 25 are each amended to read as follows:
(1) No person may act as a registering agency without a permit issued by the department. The director may issue a permit to any person or organization to act as a registering agency for the purpose of issuing permanent identification symbols for horses in a manner prescribed by the director. Application for such permit, or the renewal thereof by January 1 of each year, shall be on a form prescribed by the director, and accompanied by the proof of registration to be issued, any other documents required by the director, and a fee of one hundred dollars.
(2) Each registering agency shall maintain a permanent record for each individual identification symbol. The record shall include, but need not be limited to, the name, address, and phone number of the horse owner and a general description of the horse. A copy of each permanent record shall be forwarded to the director, if requested by the director.
(3) Individual identification symbols shall be inspected as required for brands under RCW 16.57.220 and 16.57.380 ((and 16.57.390)). Any horse presented for inspection and bearing such a symbol, but not accompanied by proof of registration and certificate of permit, shall be sold as provided under RCW 16.57.290 through 16.57.330.
(4) The director shall adopt such rules as are necessary for the effective administration of this section pursuant to chapter 34.05 RCW.
NEW SECTION. Sec. 12. RCW 16.57.390 and 1974 ex.s. c 38 s 2 are each repealed."
Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Chandler, Ranking Minority Member; Schoesler, Assistant Ranking Minority Member; Chappell; Foreman; Grant; Karahalios; Lisk; and Roland.
Passed to Committee on Rules for second reading.
March 25, 1993
SSB 5487 Prime Sponsor, Committee on Agriculture: Changing provisions regarding agister liens. Reported by Committee on Agriculture & Rural Development
MAJORITY recommendation: Do pass. Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Chandler, Ranking Minority Member; Schoesler, Assistant Ranking Minority Member; Chappell; Foreman; Grant; Karahalios; Lisk; and Roland.
Passed to Committee on Rules for second reading.
March 25, 1993
SB 5494 Prime Sponsor, Talmadge: Including certain juveniles who are the subject of proceedings under chapter 13.34 RCW in the definition of "at-risk juvenile sex offenders". Reported by Committee on Human Services
MAJORITY recommendation: Do pass. Signed by Representatives Riley, Vice Chair; Cooke, Ranking Minority Member; Talcott, Assistant Ranking Minority Member; Karahalios; Lisk; Padden; Patterson; and Thibaudeau.
Excused: Representatives Leonard, Chair; Brown and Wolfe.
Passed to Committee on Rules for second reading.
March 25, 1993
SB 5526 Prime Sponsor, Barr: Providing for the Columbia river resource task force. Reported by Committee on Energy & Utilities
MAJORITY recommendation: Do pass with the following amendments:
On page 1, line 15 after "Idaho," strike "or" and insert "and"
Signed by Representatives Grant, Chair; Finkbeiner, Vice Chair; Casada, Ranking Minority Member; Johanson; Kessler; Kremen; Long; and Ludwig.
Excused: Representative Miller.
Referred to Committee on Appropriations.
March 26, 1993
SB 5638 Prime Sponsor, Skratek: Modifying property tax valuation of property affected by growth management regulations. Reported by Committee on Revenue
MAJORITY recommendation: Do pass with the following amendment:
On page 2, line 12, after "practices" insert "adopted by the governing body of a local government and"
Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Brown; Cothern; Morris; Romero; Rust; Silver; Talcott; Thibaudeau; Van Luven; and Wang.
Excused: Representatives Fuhrman, Assistant Ranking Minority Member, Anderson and Leonard.
Passed to Committee on Rules for second reading.
March 25, 1993
SSB 5678 Prime Sponsor, Committee on Agriculture: Exempting licensed domestic wineries from commission merchant requirements. Reported by Committee on Agriculture & Rural Development
MAJORITY recommendation: Do pass. Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Chandler, Ranking Minority Member; Schoesler, Assistant Ranking Minority Member; Chappell; Foreman; Grant; Karahalios; Lisk; and Roland.
Passed to Committee on Rules for second reading.
March 25, 1993
SSB 5686 Prime Sponsor, Committee on Labor & Comm: Limiting the penalty charge for late payment of a credit card balance. Reported by Committee on Financial Institutions & Insurance
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 63.14.090 and 1984 c 280 s 2 are each amended to read as follows:
(1) The holder of any retail installment contract, retail charge agreement, or lender credit card agreement may not collect any delinquency or collection charges, including any attorney's fee and court costs and disbursements, unless the contract, charge agreement, or lender credit card agreement so provides. In such cases, the charges shall be reasonable, and no attorney's fee may be recovered unless the contract, charge agreement, or lender credit card agreement is referred for collection to an attorney not a salaried employee of the holder.
(2) The contract, charge agreement, or lender credit card agreement may contain other provisions not inconsistent with the purposes of this chapter, including but not limited to provisions relating to refinancing, transfer of the buyer's equity, construction permits, and title reports.
(3) Notwithstanding subsection (1) of this section, where the minimum payment is received within the ten days following the payment due date, delinquency charges for the late payment of a retail charge agreement or lender credit card agreement may not be more than ten percent of the average balance of the delinquent account for the prior thirty-day period when the average balance of the account for the prior thirty-day period is less than one hundred dollars, except that a minimum charge of up to two dollars shall be allowed. This subsection (3) shall not apply in cases where the payment on the account is more than thirty days overdue."
Signed by Representatives Zellinsky, Chair; Scott, Vice Chair; Mielke, Ranking Minority Member; Dyer, Assistant Ranking Minority Member; Anderson; Grant; Kremen; R. Meyers; Reams; Schmidt; and Tate.
Excused: Representatives Dellwo, Dorn, R. Johnson, Kessler and Lemmon.
Passed to Committee on Rules for second reading.
March 25, 1993
ESB 5694 Prime Sponsor, Snyder: Lowering the age for use of an out-of-state license or learner's permit. Reported by Committee on Transportation
MAJORITY recommendation: Do pass with the following amendment:
On page 1, line 12, after "least" strike "((sixteen)) fifteen" and insert "sixteen"
On page 1, line 14, after "state or" strike "an" and insert "is at least 15 years of age with a valid"
On page 1, line 15, after "state," insert "and"
Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Brough; Brumsickle; Cothern; Finkbeiner; Forner; Hansen; Heavey; Horn; Johanson; J. Kohl; Miller; H. Myers; Orr; Patterson; Quall; Sheldon; Shin; Wood; and Zellinsky.
Excused: Representatives Eide, Fuhrman and R. Meyers.
Passed to Committee on Rules for second reading.
March 25, 1993
ESB 5729 Prime Sponsor, Rinehart: Changing the family emergency assistance program. Reported by Committee on Human Services
MAJORITY recommendation: Do pass. Signed by Representatives Riley, Vice Chair; Cooke, Ranking Minority Member; Talcott, Assistant Ranking Minority Member; Karahalios; Lisk; Padden; Patterson and Thibaudeau.
Excused: Representatives Leonard, Chair; Brown and Wolfe.
Referred to Committee on Appropriations.
March 25, 1993
SB 5759 Prime Sponsor, McAuliffe: Extending the involuntary treatment act to cover the commitment of chemically dependent adults. Reported by Committee on Human Services
MAJORITY recommendation: Do pass. Signed by Representatives Riley, Vice Chair; Cooke, Ranking Minority Member; Talcott, Assistant Ranking Minority Member; Karahalios; Lisk; Padden; Patterson; and Thibaudeau.
Excused: Representatives Leonard, Chair; Brown and Wolfe.
Passed to Committee on Rules for second reading.
March 25, 1993
ESB 5780 Prime Sponsor, Sutherland: Authorizing the board of boiler rules to prescribe extended inspection schedules for power boilers. Reported by Committee on Energy & Utilities
MAJORITY recommendation: Do pass with the following amendment:
On page 1, strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.79.240 and 1951 c 32 s 22 are each amended to read as follows:
Each boiler and unfired pressure vessel used or proposed to be used within this state, except boilers or unfired pressure vessels exempt in RCW 70.79.080 and 70.79.090, shall be thoroughly inspected as to their construction, installation, condition and operation, as follows:
(1) Power boilers shall be inspected annually both internally and externally while not under pressure ((and)), except that the board may provide for longer periods between inspections where the contents, history, or operation of the power boiler or the material of which it is constructed warrant special consideration. Power boilers shall also be inspected annually externally while under pressure if possible;
(2) Low pressure heating boilers shall be inspected both internally and externally biennially where construction will permit;
(3) Unfired pressure vessels subject to internal corrosion shall be inspected both internally and externally biennially where construction will permit, except that the board may, in its discretion, provide for longer periods between inspections;
(4) Unfired pressure vessels not subject to internal corrosion shall be inspected externally at intervals set by the board, but internal inspections shall not be required of unfired pressure vessels, the contents of which are known to be noncorrosive to the material of which the shell, head, or fittings are constructed, either from the chemical composition of the contents or from evidence that the contents are adequately treated with a corrosion inhibitor, provided that such vessels are constructed in accordance with the rules and regulations of the board or in accordance with standards substantially equivalent to the rules and regulations of the board, in effect at the time of manufacture.
Sec. 2. RCW 70.79.250 and 1951 c 32 s 23 are each amended to read as follows:
In the case of power boilers a grace period of not more than two months longer than the ((twelve months)) period established by the board under RCW 70.79.240(1) may elapse between internal inspections of a boiler while not under pressure or between external inspections of a boiler while under pressure; in the case of low pressure heating boilers not more than twenty-six months shall elapse between inspections, and in the case of unfired pressure vessels not more than two months longer than the period between inspections prescribed by the board shall elapse between internal inspections."
Signed by Representatives Grant, Chair; Finkbeiner, Vice Chair; Casada, Ranking Minority Member; Johanson; Kessler; Kremen; Long; and Ludwig.
Excused: Representative Miller.
Passed to Committee on Rules for second reading.
March 25, 1993
SB 5838 Prime Sponsor, Sutherland: Creating an energy siting process review committee. Reported by Committee on Energy & Utilities
MAJORITY recommendation: Do pass with the following amendment:
On page 1, strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that meeting future energy demands within the state will require the siting of new generating facilities, renewable resources, transmission facilities, and natural gas pipelines. The legislature further finds that current siting processes, designed to accommodate large thermal power plants, do not allow efficient development of current energy supply options. The legislature further finds that a comprehensive review and revision of siting policy is needed to ensure timely development of adequate, environmentally sound energy resources at an affordable cost.
NEW SECTION. Sec. 2. There is created an energy siting process review committee. The committee shall review the siting processes currently applicable to energy facilities, including: (1) Major thermal power plants; (2) natural gas-fired combustion turbines; (3) cogeneration plants; (4) hydroelectric facilities; (5) other renewable resources, including wind, solar, geothermal, and biomass energy; (6) natural gas pipelines; and (7) electric transmission lines. The committee shall recommend changes to statutes, rules, and policies that will reduce the cost and allow timely siting of new resources while preserving environmental quality, recognizing and ensuring coordination with applicable federal licensing and permitting authorities, promoting energy system reliability, allowing public review and comment, and ensuring an appropriate role for local government.
NEW SECTION. Sec. 3. The energy siting process review committee shall consist of fifteen members, as follows:
(1) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
(2) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives; and
(3) Eleven members appointed by the governor, representing the following interests:
(a) One member representing cities;
(b) One member representing counties;
(c) One member representing publicly owned electric utilities;
(d) One member representing investor-owned electric utilities;
(e) One member representing natural gas local distribution utilities;
(f) One member representing natural gas pipeline companies;
(g) One member representing environmental organizations;
(h) One member representing independent power producers; and
(i) Three members representing citizens at large.
Members appointed by the governor shall represent the various geographical regions of the state.
The chairperson shall be selected by the governor from the citizen members of the committee.
Members appointed by the governor shall receive no compensation for their services but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed for expenses as provided in RCW 44.04.120.
NEW SECTION. Sec. 4. The state energy office shall provide staff support to the energy siting process review committee.
NEW SECTION. Sec. 5. The energy siting process review committee shall report its findings and recommendations, including proposed legislation, to the governor and appropriate standing committees of the legislature no later than December 1, 1993.
NEW SECTION. Sec. 6. This act shall expire June 30, 1994."
Signed by Representatives Grant, Chair; Finkbeiner, Vice Chair; Casada, Ranking Minority Member; Johanson; Kessler; Kremen; Long; and Ludwig.
Excused: Representative Miller.
Passed to Committee on Rules for second reading.
March 25, 1993
SB 5841 Prime Sponsor, Moyer: Requiring an outreach campaign on shaken baby syndrome. Reported by Committee on Human Services
MAJORITY recommendation: Do pass. Signed by Representatives Riley, Vice Chair; Cooke, Ranking Minority Member; Talcott, Assistant Ranking Minority Member; Karahalios; Lisk; Padden; Patterson; and Thibaudeau.
Excused: Representatives Leonard, Chair; Brown and Wolfe.
Passed to Committee on Rules for second reading.
March 25, 1993
ESSB 5844 Prime Sponsor, Committee on Government Operations: Allowing volunteers to assist agencies to serve at-risk children's needs. Reported by Committee on Human Services
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.150 RCW to read as follows:
A volunteer organization or individual volunteer may assist a public agency, with the agency's approval, in a collaborative program designed to serve the needs of at-risk children. The center, with the advice and counsel of the attorney general, shall develop guidelines defining at-risk children and establish reasonable safety standards to protect the safety of program participants and volunteers, including but not limited to background checks for program supervisors or as appropriate as provided in RCW 43.43.830 through 43.43.834. In carrying out the volunteer activity, the individual volunteer or member of the volunteer organization shall not be considered to be an employee or agent of any public agency involved in the collaborative program. Prior to participation, a volunteer and the public agency administering the collaborative program shall sign a written master agreement, approved in form by the attorney general, that includes provisions defining the scope of the volunteer activities and waiving any claims against each other. An individual volunteer shall not be liable for civil damages resulting from any act or omission arising from volunteer activities which comply with safety standards issued by the center for volunteerism and citizen service, other than acts or omissions constituting gross negligence or wilful or wanton misconduct. In any action for damages against a public agency or volunteer organization, a claimant must establish by a preponderance of the evidence that a public agency or other sponsor of a program under this section failed to comply with reasonable safety standards established by the center."
Signed by Representatives Riley, Vice Chair; Cooke, Ranking Minority Member; Talcott, Assistant Ranking Minority Member; Karahalios; Lisk; Padden; Patterson; and Thibaudeau.
Excused: Representatives Leonard, Chair; Brown and Wolfe.
Passed to Committee on Rules for second reading.
March 25, 1993
SSB 5849 Prime Sponsor, Committee on Agriculture: Revising dairy management. Reported by Committee on Agriculture & Rural Development
MAJORITY recommendation: Do pass with the following amendment:
On page 10, after line 4, strike all of section 12, renumber the remaining sections consecutively and correct internal references accordingly.
On page 10, line 18, after "through" strike "14" and insert "13"
Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Chandler, Ranking Minority Member; Schoesler, Assistant Ranking Minority Member; Chappell; Foreman; Grant; Karahalios; Lisk; and Roland.
Passed to Committee on Rules for second reading.
March 25, 1993
SSB 5874 Prime Sponsor, Committee on Natural Res: Improving recreational fishing. Reported by Committee on Fisheries & Wildlife
MAJORITY recommendation: Do pass with the following amendment:
On page 1, beginning on line 13, strike all of section 2 and insert the following:
"NEW SECTION. Sec. 2. There is created within the department of fisheries the Puget Sound Recreational Salmon and Marine Fish Enhancement Program. The department of fisheries shall identify a coordinator for the program who shall act as spokesperson for the program and shall:
(1) coordinate the activities of the Puget Sound Recreational Salmon and Marine Fish Enhancement Program;
(2) provide reports as needed to the legislature and the public; and
(3) work within and outside of the department to achieve the goals stated in this chapter."
On page 2, strike lines 3 and 4 and insert:
"NEW SECTION. Sec. 3. The department shall: Develop"
On page 2, strike line 12 and insert:
"Long-term responsibilities of the department are to:"
Signed by Representatives King, Chair; Orr, Vice Chair; Sehlin, Assistant Ranking Minority Member; Basich; Chappell; Foreman; Lemmon; and Scott.
Excused: Representative Fuhrman.
Referred to Committee on Appropriations.
March 26, 1993
SSB 5878 Prime Sponsor, Committee on Higher Ed: Decentralizing posttenure evaluation for higher education faculty. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.50.851 and 1991 c 294 s 2 and 1991 c 238 s 68 are each reenacted and amended to read as follows:
As used in RCW 28B.50.850 through 28B.50.869:
(1) "Tenure" shall mean a faculty appointment for an indefinite period of time which may be revoked only for adequate cause and by due process;
(2)(a) "Faculty appointment", except as otherwise provided in (b) of this subsection, shall mean full time employment as a teacher, counselor, librarian or other position for which the training, experience and responsibilities are comparable as determined by the appointing authority, except administrative appointments; "faculty appointment" shall also mean department heads, division heads and administrators to the extent that such department heads, division heads or administrators have had or do have status as a teacher, counselor, or librarian; faculty appointment shall also mean employment on a reduced work load basis when a faculty member has retained tenure under RCW 28B.50.859;
(b) "Faculty appointment" shall not mean special faculty appointment as a teacher, counselor, librarian, or other position as enumerated in (a) of this subsection, when such employment results from special funds provided to a community college district from federal moneys or other special funds which other funds are designated as "special funds" by the college board: PROVIDED, That such "special funds" so designated by the college board for purposes of this section shall apply only to teachers, counselors and librarians hired from grants and service agreements and teachers, counselors and librarians hired in nonformula positions. A special faculty appointment resulting from such special financing may be terminated upon a reduction or elimination of funding or a reduction or elimination of program: PROVIDED FURTHER, That "faculty appointees" holding faculty appointments pursuant to subsections (1) or (2)(a) of this section who have been subsequently transferred to positions financed from "special funds" pursuant to (b) of this subsection and who thereafter lose their positions upon reduction or elimination of such "special funding" shall be entitled to be returned to previous status as faculty appointees pursuant to subsection (1) or (2)(a) of this section depending upon their status prior to the "special funding" transfer. Notwithstanding the fact that tenure shall not be granted to anyone holding a special faculty appointment, the termination of any such faculty appointment prior to the expiration of the term of such faculty member's individual contract for any cause which is not related to elimination or reduction of financing or the elimination or reduction of program shall be considered a termination for cause subject to the provisions of this chapter;
(3) "Probationary faculty appointment" shall mean a faculty appointment for a designated period of time which may be terminated without cause upon expiration of the probationer's terms of employment;
(4) "Probationer" shall mean an individual holding a probationary faculty appointment;
(5) "Administrative appointment" shall mean employment in a specific administrative position as determined by the appointing authority;
(6) "Appointing authority" shall mean the board of trustees of a college district;
(7) "Review committee" shall mean a committee composed of the probationer's faculty peers ((or tenured faculty member's peers)), a student representative, and the administrative staff of the community or technical college((: PROVIDED, That the majority of the committee shall consist of the probationer's faculty peers or tenured faculty member's peers)).
Sec. 2. RCW 28B.50.869 and 1991 c 238 s 70 are each amended to read as follows:
The review committees required by RCW 28B.50.850 through 28B.50.869 shall be composed of members of the administrative staff, a student representative, and the ((teaching)) faculty. ((The representatives of the teaching faculty shall represent a majority of the members on each review committee.)) The members representing the teaching faculty on each review committee shall be selected by a majority of the ((teaching)) faculty and faculty department heads acting in a body. The student representative, who shall be a full time student, shall be chosen by the student association of the particular community or technical college in such manner as the members thereof shall determine.
NEW SECTION. Sec. 3. A new section is added to chapter 28B.50 RCW to read as follows:
By June 30, 1994, each community college and technical college shall establish, through the local collective bargaining process, periodic posttenure evaluation of all full-time faculty consistent with the standards of the Northwest association of schools and colleges.
NEW SECTION. Sec. 4. RCW 28B.50.858 and 1991 c 294 s 5 are each repealed.
NEW SECTION. Sec. 5. Nothing contained in this act shall be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement.
NEW SECTION. Sec. 6. 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 July 1, 1993.
NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Signed by Representatives Jacobsen, Chair; Quall, Vice Chair; Brumsickle, Ranking Minority Member; Sheahan, Assistant Ranking Minority Member; Basich; Bray; Carlson; Casada; Flemming; Kessler; J. Kohl; Ogden; Orr; Rayburn; Shin; and Wood.
Excused: Representatives Finkbeiner and Mielke.
Passed to Committee on Rules for second reading.
March 26, 1993
SSB 5889 Prime Sponsor, Committee on Higher Ed: Awarding grants for pilot regional collaborative professional development school projects. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass. Signed by Representatives Jacobsen, Chair; Quall, Vice Chair; Brumsickle, Ranking Minority Member; Sheahan, Assistant Ranking Minority Member; Basich; Bray; Carlson; Casada; Flemming; Kessler; J. Kohl; Ogden; Orr; Rayburn; Shin; and Wood.
Excused: Representatives Finkbeiner and Mielke.
Referred to Committee on Appropriations.
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.
With the consent of the House, the House advanced to the sixth order of business.
SECOND READING
MOTION
Representative Peery moved that the House immediately consider Engrossed Senate Bill No. 5351 on today's second reading calendar. The motion was carried.
ENGROSSED SENATE BILL NO. 5351, by Senators Newhouse, Spanel, Moore, Bauer, Winsley, von Reichbauer and Roach; by request of Joint Committee on Pension Policy
Regarding death benefits for disabled teacher retirees under plan I.
The bill was read the second time.
On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Sommers, Sheahan and Karahalios spoke in favor of passage of the bill.
On motion of Representative J. Kohl, Representatives Appelwick, Chappell, Anderson, Brown, G. Fisher, R. Fisher, Flemming, Hansen and Scott were excused.
On motion of Representative Wood, Representative Chandler was excused.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 5351.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Senate Bill No. 5351 and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 0, Excused - 10.
Voting yea: Representatives Ballard, Ballasiotes, Basich, Bray, Brough, Brumsickle, Campbell, Carlson, Casada, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Foreman, Forner, Fuhrman, Grant, 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, 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 - 88.
Excused: Representatives Anderson, Appelwick, Brown, Chandler, Chappell, Fisher, G., Fisher, R., Flemming, Hansen and Scott - 10.
Engrossed Senate Bill No. 5351, having received the constitutional majority, was declared passed.
Representative Dyer: Thank you Mr. Speaker. Members of the House, Mr. Speaker, Rarely in this body and on this floor do we have an opportunity to celebrate an unusual and joyous occasion. This morning, I'd like to bring your attention to something that happened at six fifteen this morning to my esteemed colleague from the fifth district. He now has a new title. In addition to being State Representative, he is also Grandfather Thomas. So I'd like to ask you to join me in congratulating Grandfather Thomas.
The Speaker (Representative R. Meyers presiding) declared the House to be at ease.
The Speaker called the House to order.
With the consent of the House, the House advanced to the seventh order of business.
THIRD READING
With consent of the House, the House immediately considered Engrossed Senate Bill No. 5362 on the third reading calendar.
ENGROSSED SENATE BILL NO. 5362, by Senators A. Smith, Niemi, Pelz, Spanel and Quigley
Requiring full disclosure of civil court proceedings relating to public hazards.
The bill was read the third time.
Representatives Appelwick, Heavey and J. Kohl spoke in favor of passage of the bill and Representatives Forner, Sheldon, Morton and Dyer spoke against it.
Representative Appelwick again spoke in favor of the passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 5362.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Senate Bill No. 5362 and the bill passed the House by the following vote: Yeas - 61, Nays - 35, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Bray, Brough, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Patterson, Peery, Pruitt, Quall, Riley, Roland, Romero, Rust, Schmidt, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 61.
Voting nay: Representatives Ballard, Ballasiotes, Basich, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Kremen, Lisk, Mielke, Miller, Morton, Orr, Padden, Rayburn, Reams, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 35.
Excused: Representatives Brown and Scott - 2.
Engrossed Senate Bill No. 5362, having received the constitutional majority, was declared passed.
With the consent of the House, the House advanced to the eighth order of business.
MOTION
On motion of Representative Peery, Engrossed Senate Bill No. 5720 was referred from Committee on Natural Resources and Parks to Committee on Appropriations.
On motion of Representative Peery, Senate Bill No. 5905 was referred from Committee on Local Government to Committee on Transportation.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Peery, the House adjourned until 10:00 a.m., Wednesday March 31, 1993.
BRIAN EBERSOLE, Speaker
ALAN THOMPSON, Chief Clerk