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NINETY-FOURTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Wednesday, April 14, 1993
The House was called to order at 10:00 a.m. by the Speaker (Representative Karahalios presiding). The Clerk called the roll and a quorum was present.
The Speaker (Representative R. Meyers presiding) assumed the chair.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Jennifer Phillips and Bernard Lynch. Inspirational Message was offered by Representative Talcott.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGE FROM THE SENATE
April 13, 1993
Mr. Speaker:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 1119,
and the same are herewith transmitted.
Marty Brown, Secretary
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1320,
MESSAGE FROM THE SENATE
April 13, 1993
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 1063,
SUBSTITUTE HOUSE BILL NO. 1144,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1294,
SUBSTITUTE HOUSE BILL NO. 1686,
ENGROSSED HOUSE BILL NO. 2009,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5888,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
Mr. Speaker:
April 13, 1993
The Senate has adopted:
SENATE CONCURRENT RESOLUTION NO. 8409,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection, the House advanced to the eighth order of business.
RESOLUTIONS
HOUSE RESOLUTION NO. 93-4644, by Representatives Flemming, Wang, Conway, Campbell, Roland, Eide, Hansen, R. Fisher and Talcott
WHEREAS, Clover Park Technical College has been enriching and bolstering the economy of Washington state for fifty years, by offering technical and vocational training to the young people and workers of the state; and
WHEREAS, Clover Park Technical College has been contributing to their students achieving self-sufficiency so they are able to provide for themselves and their families; and
WHEREAS, Clover Park Technical College is a public job training institution located in the Lakewood area of southwest Tacoma, and traces its history to 1942-43 when the Clover Park School District began to provide civilian war production training for nearby military installations; and
WHEREAS, In 1941 Mt. Rainier Ordinance Depot and McChord contracted with Clover Park High School to do war production training in the areas of aircraft service mechanics, auto mechanics, shipfitting, blueprint reading, and welding; and
WHEREAS, In 1941 three bays and a hangar were built at the new Clover Park High School to house the machine shop and automotive shop, and an aviation air strip was cleared to allow aircraft to fly in for maintenance; and
WHEREAS, During 1942 and 1943 war production training began and vocational training at Clover Park Vocational Technical Institute was born; and
WHEREAS, During that time more than three thousand students were trained, many of them women whose husbands were overseas; and
WHEREAS, In September 1991 Clover Park Vocational Technical Institute became Clover Park Technical College; and
WHEREAS, Clover Park Technical College now offers seventy-three training programs; and
WHEREAS, Over three thousand five hundred students attend full-time training programs annually and fifty thousand students attend part-time continuing education classes annually; and
WHEREAS, On April 22, 1993, Clover Park Technical College will be celebrating "50 years of Quality Training";
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize the 50th anniversary of Clover Park Technical College providing quality training for the workers of the state, and that the House of Representatives recognize the College's efforts to create a productive work force for a competitive economy.
Representative Flemming moved adoption of the resolution.
Representatives Flemming and Talcott spoke in favor of the adoption of the resolution.
House Resolution No. 4644 was adopted.
HOUSE RESOLUTION NO. 93-4640, by Representatives Chappell, Brumsickle, Springer and Morris
WHEREAS, Children need a safe, accessible place to play, grow, and interact; and
WHEREAS, Traditional sources of local, state, and federal government funding for recreational facilities is inadequate in the current economic climate; and
WHEREAS, Lewis County is an economically depressed timber community; and
WHEREAS, People form throughout the Lewis County area come to Centralia and Chehalis periodically to shop and conduct business; and
WHEREAS, Friends and neighbors from throughout Lewis County have determined that a new park is needed; and
WHEREAS, The Community Playground Association was formed, and under the leadership of project manager Connie Small, this association began work to secure hundreds of private community donations; and
WHEREAS, Children most certainly enjoy and take pride in a playground that is designed and created from their own thoughts and imagination; and
WHEREAS, It would cost in excess of two hundred thousand dollars to have such a park designed and constructed commercially; and
WHEREAS, The cost to construct the park could be reduced to eighty thousand dollars with the labor and materials to be provided by the community itself without any public funding; and
WHEREAS, The people of Lewis County responded with their donations, materials, donated labor, and the power of working together through hard times; and
WHEREAS, The "Penny Playground" at Recreation Park in Chehalis, Washington will be constructed from April 28th to May 2nd, and will provide enjoyment and enrichment for the children of Lewis County and all others who visit the area;
NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives of the State of Washington, That the Community Playground Association, and all of the hardworking citizens of Lewis County who are giving their time, their materials, their money, and their energies, accept our gratitude and appreciation for their efforts, and for demonstrating that citizens with vision and cooperation can truly accomplish great tasks when they work together.
Representative Chappell moved adoption of the resolution.
Representatives Chappell and Brumsickle spoke in favor of the adoption of the resolution.
House Resolution No. 4640 was adopted.
HOUSE RESOLUTION NO. 93-4639, by Representatives Rayburn, Kremen, Chandler, Foreman, Sheldon, Wineberry, Holm, Ballard, Schmidt, Forner, Morton, Kessler, Johanson, Thibaudeau, Lemmon, Bray, Basich and Thomas
WHEREAS, Arbor Day is traditionally a day for tree planting; and
WHEREAS, The State of Washington is called the Evergreen State because of its abundant trees and plants; and
WHEREAS, Washington state can boast of numerous industries and jobs related to trees; and
WHEREAS, Nurseries, orchards, tree farms, public and private forests, horticulturists, and home orchards and gardens all add to the beauty and vigor of our state; and
WHEREAS, The heritage of our state was built from the hardworking ethics of the families who helped harvest our rich forests to provide wood products and homes for our citizens; and
WHEREAS, Reforesting our land plays a vital role in the continued economic well-being of the State of Washington; and
WHEREAS, Pears, apples, cherries, prunes, plums, apricots, peaches, and nuts are products produced abundantly in this state; and
WHEREAS, We enjoy the beauty trees bring to our environment; and
WHEREAS, Growing trees are part of a clean environment, adding oxygen to the air we breathe; and
WHEREAS, These modern times emphasize growth and change and the accompanying removal of the vegetative landscape, yet trees are a renewable resource that can be planted in concert with growth activities; and
WHEREAS, The Washington State House of Representatives wishes to encourage our citizens to practice conservation;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives hereby proclaim the celebration of Arbor Day on April 14, 1993, and asks that each resident of this great state plant a tree on this fine day.
Representative Rayburn moved adoption of the resolution.
Representatives Rayburn, Chandler, Leonard, J. Kohl and Brumsickle spoke in favor of the adoption of the resolution.
House Resolution No. 4639 was adopted.
HOUSE RESOLUTION NO. 93-4641, by Representatives Ogden, H. Myers, Morris and Carlson
WHEREAS, The House of Representatives endeavors to recognize all types of outstanding accomplishments; and
WHEREAS, The Knowledge Master Open challenges students from around the world, as well as all fifty states, with a rigorous academic competition that tests the students' knowledge, comprehension, application, and analytical skills; and
WHEREAS, A team of students from Shumway Middle School accepted the challenge of this difficult, two and one-half hour, two hundred question academic event; and
WHEREAS, The average middle school team could only hope to score 1342 points out of a possible 2000 points; and
WHEREAS, The Shumway Middle School Knowledge Master Open Team, consisting of seventh grade students Matt Cameron, Megan Denny, Clay Hanson, Rowan Kaiser, Chris Rich, and Lindsay Nelson, and eighth grade students April Beckwith, Amanda Peachy, Bobby Jacky, Regi Jones, Jon Marshall, Adrian Rice, Aaron Rose, Andy Sullivan, Court Tisdale, and Noah Magram, was far superior to the average middle school team, and obtained a score of 1626; and
WHEREAS, This score was the best among all of the competing middle schools in Washington state, and was 32nd out of 1379 middle schools across the nation;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington recognize and honor the victorious Shumway Middle School Knowledge Master Open Team; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to each member of the Shumway Middle School Knowledge Master Open Team; to Karen Landerholm, the Knowledge Bowl adviser; to Terry Nelson, Shumway Middle School principal; and to the student body president of Shumway Middle School.
Representative Ogden moved adoption of the resolution.
Representatives Ogden, Carlson and Edmondson spoke in favor of the adoption of the resolution.
House Resolution No. 4641 was adopted.
MESSAGE FROM THE SENATE
April 14, 1993
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5066,
SUBSTITUTE SENATE BILL NO. 5159,
SUBSTITUTE SENATE BILL NO. 5937,
and the same are herewith transmitted.
Marty Brown, Secretary
There being no objection, the House advanced to the sixth order of business.
SECOND READING
MOTION
Representative Sheldon moved the House consider the following bills in the following order: Senate Bill No. 5309, Substitute Senate Bill No. 5310 and Substitute Senate Bill No. 5360. The motion was carried.
SENATE BILL NO. 5309, by Senator Owen
Modifying provisions relating to exchange of urban land for land bank land.
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 Pruitt spoke in favor of passage of the bill and Representative Stevens spoke against it.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 5309.
ROLL CALL
The Clerk called the roll on final passage of Senate Bill No. 5309 and the bill passed the House by the following vote: Yeas - 66, Nays - 32, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brown, Campbell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 66.
Voting nay: Representatives Ballard, Brough, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Lisk, Long, Mielke, Miller, Morton, Padden, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 32.
Senate Bill No. 5309, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5310, by Senate Committee on Natural Resources (originally sponsored by Senator Owen)
Modifying prosecutions for trespass or waste of public lands.
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 (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5310.
ROLL CALL
The Clerk called the roll on final passage of Substitute Senate Bill No. 5310 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 Senate Bill No. 5310, having received the constitutional majority, was declared passed.
The Speaker (Representative R. Meyers presiding) declared the House to be at ease.
The Speaker called the House to order.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE SENATE BILL NO. 5937
SUBSTITUTE SENATE BILL NO. 5360, by Senate Committee on Law & Justice (originally sponsored by Senators A. Smith, Roach, Spanel, M. Rasmussen, Winsley and von Reichbauer)
Creating new procedures for reporting domestic violence.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. Committee on Judiciary recommendation: Majority, do pass as amended by Committee on Appropriations. (For committee amendment see Journal, 82nd Day, April 2, 1993.)
Representative Appelwick moved adoption of the committee amendments by the Committee on Judiciary and spoke in favor of them. The committee amendments were adopted.
Representative Valle moved adoption of the committee amendment by Committee on Appropriations and spoke in favor of it. The committee amendment was adopted.
Representative R. Johnson moved adoption of the following amendment by Representative R. Johnson and Ballasiotes:
On page 5, after line 37, insert the following:
"Sec. 4. RCW 7.69.020 and 1985 c 443 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Crime" means an act punishable as a felony, gross misdemeanor, or misdemeanor under the laws of this state or equivalent federal or local law.
(2) "Survivor" or "survivors" of a victim of crime means a spouse, child, parent, legal guardian, sibling, or grandparent. If there is more than one survivor of a victim of crime, one survivor shall be designated by the prosecutor to represent all survivors for purposes of providing the notice to survivors required by this chapter.
(3) "Victim" means a person against whom a crime has been committed or the representative of a person against whom a crime has been committed.
(4) "Victim impact statement" means a statement submitted to the court by the victim or a survivor, individually or with the assistance of the prosecuting attorney if assistance is requested by the victim or survivor, which may include but is not limited to information assessing the financial, medical, social, and psychological impact of the offense upon the victim or survivors.
(5) "Witness" means a person who has been or is expected to be summoned to testify for the prosecution in a criminal action, or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not an action or proceeding has been commenced.
(6) "Crime victim/witness program" means any crime victim and witness program of a county or local law enforcement agency or prosecutor's office, any rape crisis center's sexual assault victim advocacy program as provided in chapter 70.125 RCW, any domestic violence program's legal and community advocate program for domestic violence victims as provided in chapter 70.123 RCW, or any other crime victim advocacy program which provides trained advocates to assist crime victims during the investigation and prosecution of the crime.
Sec. 5. RCW 7.69.030 and 1985 c 443 s 3 are each amended to read as follows:
There shall be a reasonable effort made to ensure that victims, survivors of victims, and witnesses of crimes have the following rights:
(1) With respect to victims of violent or sex crimes, to receive, at the time of reporting the crime to law enforcement officials, a written statement of the rights of crime victims as provided in this chapter. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the county;
(2) To be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim, survivor, or witness is involved;
(((2))) (3) To be notified by the party who issued the subpoena that a court proceeding to which they have been subpoenaed will not occur as scheduled, in order to save the person an unnecessary trip to court;
(((3))) (4) To receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available;
(((4))) (5) To be informed of the procedure to be followed to apply for and receive any witness fees to which they are entitled;
(((5))) (6) To be provided, whenever practical, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families or friends of defendants;
(((6))) (7) To have any stolen or other personal property expeditiously returned by law enforcement agencies or the superior court when no longer needed as evidence. When feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property of which ownership is disputed, shall be photographed and returned to the owner within ten days of being taken;
(((7))) (8) To be provided with appropriate employer intercession services to ensure that employers of victims, survivors of victims, and witnesses of crime will cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearance;
(((8))) (9) To access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having such assistance administered. However, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance;
(((9))) (10) With respect to victims of violent and sex crimes, to have a crime victim advocate from a crime victim/witness program present at any prosecutorial or defense interviews with the victim. This subsection applies if practical and if the presence of the crime victim advocate does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate is to provide emotional support to the crime victim;
(11) With respect to victims and survivors of victims, to be physically present in court during trial, or if subpoenaed to testify, to be scheduled as early as practical in the proceedings in order to be physically present during trial after testifying and not to be excluded solely because they have testified;
(((10))) (12) With respect to victims and survivors of victims, to be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing hearing for felony convictions upon request by a victim or survivor;
(((11))) (13) To submit a victim impact statement or report to the court, with the assistance of the prosecuting attorney if requested, which shall be included in all presentence reports and permanently included in the files and records accompanying the offender committed to the custody of a state agency or institution;
(((12))) (14) With respect to victims and survivors of victims, to present a statement personally or by representation, at the sentencing hearing for felony convictions; and
(((13))) (15) With respect to victims and survivors of victims, to entry of an order of restitution by the court in all felony cases, even when the offender is sentenced to confinement, unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment.
Sec. 6. RCW 7.69A.020 and 1992 c 188 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Crime" means an act punishable as a felony, gross misdemeanor, or misdemeanor under the laws of this state or equivalent federal or local law.
(2) "Child" means any living child under the age of eighteen years.
(3) "Victim" means a living person against whom a crime has been committed.
(4) "Witness" means a person who has been or is expected to be summoned to testify for the prosecution in a criminal action, or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not an action or proceeding has been commenced.
(5) "Family member" means child, parent, or legal guardian.
(6) "Advocate" means any person, including a family member not accused of a crime, who provides support to a child victim or child witness during any legal proceeding.
(7) "Court proceedings" means any court proceeding conducted during the course of the prosecution of a crime committed against a child victim, including pretrial hearings, trial, sentencing, or appellate proceedings.
(8) "Identifying information" means the child's name, address, location, and photograph, and in cases in which the child is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator.
(9) "Crime victim/witness program" means any crime victim and witness program of a county or local law enforcement agency or prosecutor's office, any rape crisis center's sexual assault victim advocacy program as provided in chapter 70.125 RCW, any domestic violence program's legal and community advocate program for domestic violence victims as provided in chapter 70.123 RCW, or any other crime victim advocacy program which provides trained advocates to assist crime victims during the investigation and prosecution of the crime.
Sec. 7. RCW 7.69A.030 and 1985 c 394 s 3 are each amended to read as follows:
In addition to the rights of victims and witnesses provided for in RCW 7.69.030, there shall be every reasonable effort made by law enforcement agencies, prosecutors, and judges to assure that child victims and witnesses are afforded the rights enumerated in this section. The enumeration of rights shall not be construed to create substantive rights and duties, and the application of an enumerated right in an individual case is subject to the discretion of the law enforcement agency, prosecutor, or judge. Child victims and witnesses have the following rights:
(1) To have explained in language easily understood by the child, all legal proceedings and/or police investigations in which the child may be involved.
(2) With respect to child victims of sex or violent crimes or child abuse, to have a crime victim advocate from a crime victim/witness program present at any prosecutorial or defense interviews with the child victim. This subsection applies if practical and if the presence of the crime victim advocate does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate is to provide emotional support to the child victim and to promote the child's feelings of security and safety.
(3) To be provided, whenever possible, a secure waiting area during court proceedings and to have an advocate or support person remain with the child prior to and during any court proceedings.
(((3))) (4) To not have the names, addresses, nor photographs of the living child victim or witness disclosed by any law enforcement agency, prosecutor's office, or state agency without the permission of the child victim, child witness, parents, or legal guardians to anyone except another law enforcement agency, prosecutor, defense counsel, or private or governmental agency that provides services to the child victim or witness.
(((4))) (5) To allow an advocate to make recommendations to the prosecuting attorney about the ability of the child to cooperate with prosecution and the potential effect of the proceedings on the child.
(((5))) (6) To allow an advocate to provide information to the court concerning the child's ability to understand the nature of the proceedings.
(((6))) (7) To be provided information or appropriate referrals to social service agencies to assist the child and/or the child's family with the emotional impact of the crime, the subsequent investigation, and judicial proceedings in which the child is involved.
(((7))) (8) To allow an advocate to be present in court while the child testifies in order to provide emotional support to the child.
(((8))) (9) To provide information to the court as to the need for the presence of other supportive persons at the court proceedings while the child testifies in order to promote the child's feelings of security and safety.
(((9))) (10) To allow law enforcement agencies the opportunity to enlist the assistance of other professional personnel such as child protection services, victim advocates or prosecutorial staff trained in the interviewing of the child victim.
(11) With respect to child victims of violent or sex crimes or child abuse, to receive either directly or through the child's parent or guardian if appropriate, at the time of reporting the crime to law enforcement officials, a written statement of the rights of child victims as provided in this chapter. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the county."
Representatives R. Johnson and Ballasiotes spoke in favor of adoption of the amendment. The amendment was adopted.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Padden, Valle and Lemmon spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5360 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Substitute Senate Bill No. 5360 as amended by the House 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 Senate Bill No. 5360, as amended by the House, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the eighth order of business.
RESOLUTION
HOUSE RESOLUTION NO. 93-4643, by Representatives J. Kohl, Mielke, Sommers, Padden, Dellwo, Silver, Brown and Orr
WHEREAS, The State of Washington applauds those educators who promote and encourage an interest in science by providing quality science experiences for students and teachers; and
WHEREAS, Scott Stowell and Rosemary Sweet have been named to the 1993 Honor Roll of Teachers by the Association of Science-Technology Centers and Pacific Science Center for their exemplary use of community resources to enhance and expand the science enrichment opportunities available to students and teachers; and
WHEREAS, Scott Stowell, science coordinator for the Spokane school district, has developed a district-wide training program in science education for elementary teachers, serves on the Advisory Committee for the Washington Systemic Initiative in Mathematics, Science, and Technology Education, and serves on the Spokane Park Board Advisory Committee working to develop a permanent science center in Spokane; and
WHEREAS, Rosemary Sweet teaches 6th, 7th, and 8th grade science at St. Alphonsus School in Seattle, serves as a resource for kindergarten through 5th grade teachers by modifying her curriculum for their grade levels, spent a year as a Science Education Associate at Pacific Science Center, and builds on her own knowledge and skills by participating in teacher workshops frequently; and
WHEREAS, Scott Stowell and Rosemary Sweet, along with approximately forty other educators being named to the 1993 Honor Roll of Teachers, will be honored in Washington, D.C., on April 29 and 30, 1993, before members of Congress; and
WHEREAS, The National Science Foundation has declared April 25 through May 1, 1993, National Science and Technology Week to convey the importance of science to the nation;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives commend Scott Stowell and Rosemary Sweet for their outstanding efforts as science educators; and
BE IT FURTHER RESOLVED, That the House of Representatives commend Pacific Science Center for its dedication to providing interactive science, mathematics, and technology education to students and teachers throughout the State of Washington; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Scott Stowell, Rosemary Sweet, and the Directors of the Association of Science-Technology Centers and Pacific Science Center.
Representative J. Kohl moved adoption of the resolution and spoke in favor of it.
House Resolution No. 4643 was adopted.
MOTION
Representative Peery moved that the House immediately consider Engrossed Substitute Senate Bill No. 5702. The motion was carried.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5702, by Senate Committee on Labor & Commerce (originally sponsored by Senators Prentice, Wojahn and Franklin; by request of Employment Security Department)
Regulating unemployment insurance.
The bill was read the second time.
Representative Mastin moved adoption of the following amendment by Representative Mastin and others:
On page 1, beginning on line 9, strike all of section 1 and renumber the sections consecutively, correcting internal references accordingly.
On page 29, line 36, after "Sections" strike "1 and"
Representatives Mastin, Springer, Lisk, King and Lemmon spoke in favor of adoption of the amendment.
Representatives Heavey, Campbell, G. Cole, and Jones spoke against it.
Representative Heavey again spoke against the adoption of the amendment.
Representative Springer again spoke in favor of adoption of the amendment.
Representative Vance demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 1, beginning on line 9 by Representative Mastin and others to Engrossed Substitute Senate Bill No. 5702, and the amendment was not adopted by the following vote: Yeas - 49, Nays - 49, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Bray, Brough, Brown, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Dorn, Dyer, Edmondson, Foreman, Forner, Fuhrman, Grant, Hansen, Horn, Linville, Lisk, Long, Mastin, Mielke, Miller, Morris, Morton, Padden, Rayburn, Reams, Riley, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, Vance, Van Luven, Wood and Zellinsky - 49.
Voting nay: Representatives Anderson, Appelwick, Basich, Campbell, Cole, G., Conway, Cothern, Dellwo, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Locke, Ludwig, Meyers, R., Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Romero, Rust, Scott, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 49.
Representative Rayburn moved adoption of the following amendment by Representative Rayburn and others:
On page 7, beginning on line 25, after "left" strike "the most recent"
On page 8, beginning on line 3, after "left" strike "the most recent"
On page 8, line 22, after "left" strike "the most recent"
On page 9, line 14, after "left" strike "the most recent"
On page 9, beginning on line 30, after "her" strike "most recent"
On page 10, line 24, after "her" strike "most recent"
Representative Rayburn spoke in favor of adoption of the amendment and Representative Heavey spoke against it.
Representative J. Kohl demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of amendment on page 7, beginning on line 25 by Representative Rayburn and others to Engrossed Substitute Senate Bill No. 5702 and the amendment was adopted by the following vote: Yeas - 53, Nays - 45, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Bray, Brough, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Cothern, Dorn, Dyer, Edmondson, Finkbeiner, Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Horn, Kremen, Linville, Lisk, Long, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Padden, Rayburn, Reams, Riley, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 53.
Voting nay: Representatives Anderson, Appelwick, Basich, Brown, Campbell, Cole, G., Conway, Dellwo, Dunshee, Eide, Fisher, G., Fisher, R., Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Locke, Ludwig, Ogden, Orr, Patterson, Peery, Pruitt, Quall, Romero, Rust, Scott, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 45.
Representative Rayburn moved adoption of the following amendment by Representative Rayburn and others:
On page 8, beginning on line 18, after "relocate" strike all material through "spouse" on line 19, and insert "for the spouse's employment that is outside the existing labor market area"
Representatives Rayburn and Heavey spoke in favor of adoption of the amendment.
The Speaker called upon the House to divide and the results of the division was 84-YEAS; 16-NAYS. The amendment was adopted.
Representative Springer moved adoption of the following amendment by Representative Springer and others:
On page 8, beginning on line 21, strike all of subsection (3) and insert the following:
"(3) In determining under this section whether an individual has left work voluntarily without good cause, the commissioner shall only consider work-connected factors such as the degree of risk involved to the individual's health, safety, and morals, the individual's physical fitness for the work, the individual's ability to perform the work, and such other work connected factors as the commissioner may deem pertinent, including state and national emergencies. Good cause shall not be established for voluntarily leaving work because of its distance from an individual's residence where the distance was known to the individual at the time he or she accepted the employment and where, in the judgment of the department, the distance is customarily traveled by workers in the individual's job classification and labor market, nor because of any other significant work factor which was generally known and present at the time he or she accepted employment, unless the related circumstances have so changed as to amount to a substantial involuntary deterioration of the work factor or unless the commissioner determines that other related circumstances would work an unreasonable hardship on the individual were he or she required to continue in the employment."
Representatives Springer, Lisk and Horn spoke in favor of adoption of the amendment and
Representatives Heavey, G. Cole, Conway, Brown spoke against it.
Representative Springer again spoke in favor of the amendment.
Representative Heavey again spoke against the amendment.
Representative J. Kohl demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk call the roll on adoption of the amendment on page 8, beginning on line 21 by Representative Springer to Engrossed Substitute Senate Bill No. 5702 and the amendment was adopted by the following vote: Yeas - 54, Nays - 44, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Basich, Bray, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Cothern, Dorn, Dyer, Edmondson, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Horn, Johnson, R., Kremen, Linville, Lisk, Long, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Padden, Pruitt, Rayburn, Reams, Riley, Rust, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Springer, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 54.
Voting nay: Representatives Anderson, Appelwick, Brown, Cole, G., Conway, Dellwo, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Holm, Jacobsen, Johanson, Johnson, L., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Locke, Ludwig, Myers, H., Ogden, Orr, Patterson, Peery, Quall, Roland, Romero, Scott, Shin, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 44.
NOTICE OF RECONSIDERATION
Representative Heavey, having voted on the prevailing side, gave notice of intent to move that the House reconsider the vote by which amendment number 371 to Engrossed Substitute Senate Bill No. 5702 passed the House.
Representative Springer moved adoption of the following amendment by Representative Springer and others:
On page 9, beginning on line 14, after "work" strike "without good cause"
On page 9, line 25, after "(2)" insert "(b) or"
On page 11, beginning on line 32, after "wage"" strike all material through "dollars" on line 36 and insert ". The computation for this ratio shall be carried to the fourth decimal place with the remaining fraction, if any, disregarded: PROVIDED FURTHER, That for benefit years beginning before July 7, 1985, the maximum amount payable weekly shall not exceed one hundred eighty-five dollars))"
On page 15, line 6, after "contingency" strike "account" and insert "fund"
On page 15, line 7, after "RCW" strike "50.20.190(3)" and insert "50.20.190(6)"
On page 23, line 27, after "(f)" strike all material through "(g)" on line 34 and insert "(((i) Benefits paid to an individual as the result of a determination by the commissioner that no stoppage of work exists, pursuant to RCW 50.20.090, shall not be charged to the experience rating account of any contribution paying employer.
(ii) Benefits paid to an individual under RCW 50.20.090(1) for weeks of unemployment ending before February 20, 1987, shall not be charged to the experience rating account of any base year employer.
(g)))"
On page 24, line 1, strike "(h)" and insert "(((h))) (g)"
On page 24, line 6, strike "(i)" and insert "(3)(a)"
On page 25, beginning on line 10, after "between" strike all material through "granted" on line 20 and insert "the employer requesting relief and the claimant is terminated. This subsection does not apply to shared work employers under chapter 50.60 RCW.
(b) The employer ((petitions for)) requesting relief of charges((; and
(ii) The commissioner approves granting relief of charges)) under this subsection must request relief in writing within thirty days following mailing to the last known address of the notification of the valid initial determination of such claim, stating the date and reason for the separation or the circumstances of continued employment. The commissioner, upon investigation of the request, shall determine whether relief should be granted"
On page 30, line 11, after "effect" strike "July 3, 1993" and insert "immediately"
On page 30, line 18, after "effective" insert "as"
On page 30, line 22, after "4," strike "5, and 13" and insert "and 5"
Representative Springer spoke in favor of adoption of the amendment and the amendment was adopted.
NOTICE OF RECONSIDERATION
Representative Kremen, having voted on the prevailing side, gave notice of intent to move that the House reconsider the vote by which amendment number 404 to Engrossed Substitute Senate Bill No. 5702 failed to pass the House.
Representative Sheldon moved adoption of the following amendment by Representative Sheldon and others:
On page 11, beginning on line 16, strike all of subsection (2) and insert the following:
"(2) An individual's weekly benefit amount shall be an amount equal to one twenty-fifth of the average quarterly wages of the individual's total wages during the two quarters of the individual's base year in which such total wages were highest. The maximum and minimum amounts payable weekly shall be determined as of each June 30th to apply to benefit years beginning in the twelve-month period immediately following such June 30th. The maximum amount payable weekly shall be ((fifty-five)) sixty percent of the "average weekly wage" for the calendar year preceding such June 30th((: PROVIDED, That if as of the first December 31st on which the ratio of the balance in the unemployment compensation fund to total remuneration paid by all employers subject to contributions during the calendar year ending on such December 31st and reported to the department by the following March 31st is 0.024 or more, the maximum amount payable weekly for benefit years beginning with the first full calendar week in July next following, and thereafter, shall be sixty percent of the "average weekly wage". The computation for this ratio shall be carried to the fourth decimal place with the remaining fraction, if any, disregarded: PROVIDED FURTHER, That for benefit years beginning before July 7, 1985, the maximum amount payable weekly shall not exceed one hundred eighty-five dollars)), except that if a determination is made under RCW 50.29.025 that tax schedule AA will be in effect for the following rate year, then the maximum amount payable weekly shall be sixty-six and two-thirds percent of the average weekly wage. The minimum amount payable weekly shall be fifteen percent of the "average weekly wage" for the calendar year preceding such June 30th. If any weekly benefit, maximum benefit, or minimum benefit amount computed herein is not a multiple of one dollar, it shall be reduced to the next lower multiple of one dollar."
On page 30, line 11, after "effect" strike "July 3, 1993" and insert "immediately"
Representative Miller demanded an oral roll call vote and the demand was sustained.
Representatives Sheldon, Springer, Horn, Forner and Lisk spoke in favor of adoption of the amendment.
Representatives Heavey, King, Jones, Conway, Brown and Veloria spoke against the amendment.
Representative Sheldon again spoke in favor of the amendment.
Representatives Heavey and King again spoke against the amendment.
POINT OF PARLIAMENTARY INQUIRY
Representative Vance: Mr. Speaker, rule 20 of the House states that notice of reconsideration on final passage may be given and then deferred, however, it does not have specific language on an amendment and seems to imply, and I believe that its always been the custom of this house, that a motion to reconsider an amendment must be immediate. Is that not the understanding of the Speaker?
Representative Vance: The operative rule here, which is rule number 20, says a motion to reconsider an amendment may be made at anytime the bill remains on second reading. It also says a member who voted on the prevailing side may move for reconsideration or give notice thereof.
The Clerk called the oral roll call on adoption of amendment number 427 to Engrossed Substitute Senate Bill No. 5702 and the amendment passed the House by the following vote: 46-YEAS; 52-NAYS.
With the consent of the House, Representative Sheldon withdrew amendment number 343.
Representative Grant moved adoption of the following amendment by Representatives Grant and others:
On page 15, beginning on line 8, strike all of sections 15 through 18 and renumber the remaining sections consecutively and correct internal references.
On page 30, beginning on line 18, strike all of subsection (5) and renumber the remaining subsections consecutively and correct internal references.
On page 30, beginning on line 26, strike all of subsection (9)
Representatives Grant, Springer, Lisk, King and Jones spoke in favor of the amendment.
Representative Heavey asked Representative Grant to yield to a question and the request was denied.
Representative J. Kohl demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 15, beginning on line 8 by Representatives Grant and others on Engrossed Substitute Senate Bill No. 5702 and the amendment was not adopted by the following vote: Yeas - 45, Nays - 53, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Finkbeiner, Foreman, Forner, Fuhrman, Grant, Hansen, Horn, Linville, Lisk, Long, Mastin, Mielke, Miller, Morris, Morton, Padden, Rayburn, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 45.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Fisher, G., Fisher, R., Flemming, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Locke, Ludwig, Meyers, R., Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Roland, Romero, Rust, Scott, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 53.
I wish to change my vote on Engrossed Substitute Senate Bill No. 5702, amendment number 372. I voted "yea" by accident. I meant to vote "nay".
TOM CAMPBELL, 2nd District
NOTICE OF RECONSIDERATION
Representative Karraholis, having voted on the prevailing side, gave notice of intent to move that the House reconsider the vote by which amendment number 346 to Engrossed Substitute Senate Bill No. 5702 failed to pass the House.
On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5702 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute Senate Bill No. 5702 as amended by the House and the bill passed the House by the following vote: Yeas - 56, Nays - 42, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Meyers, R., Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Roland, Romero, Rust, Scott, Shin, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 56.
Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Grant, Hansen, Horn, Karahalios, Lisk, Long, Mastin, Mielke, Miller, Morris, Morton, Padden, Rayburn, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Springer, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 42.
Engrossed Substitute Senate Bill No. 5702 as amended by the House, having received the constitutional majority, was declared passed.
I wish to change my vote from a "NAY" to a "YEA" on Engrossed Substitute Senate Bill No. 5702.
SUE KARAHALIOS, 10th District
The Speaker declared the House to be at ease.
The Speaker (Representative R. Meyers presiding) called the House to order.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Heavey, the House adjourned until 9:00 a.m., Thursday, April 15, 1993.
BRIAN EBERSOLE, Speaker
ALAN THOMPSON, Chief Clerk