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NINETY-SEVENTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Saturday, April 17, 1993
The House was called to order at 10:00 a.m. by the Speaker (Representative Morris 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 Courtney Jones and Amy Mc Kenna. Inspirational Message was offered by Shawn Merchant.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES FROM THE SENATE
April 16, 1993
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 1057,
SUBSTITUTE HOUSE BILL NO. 1352,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1461,
SUBSTITUTE HOUSE BILL NO. 1518,
ENGROSSED HOUSE BILL NO. 1824,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 16, 1993
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 1582,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 16, 1993
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5068,
SUBSTITUTE SENATE BILL NO. 5134,
and the same are herewith transmitted.
Marty Brown, Secretary
April 16, 1993
Mr. Speaker:
The Senate has adopted:
HOUSE CONCURRENT RESOLUTION NO. 4419,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
SIGNED BY THE SPEAKER
April 17, 1993
The Speaker announced he was signing:
SUBSTITUTE HOUSE BILL NO. 1343,
SUBSTITUTE HOUSE BILL NO. 1454,
SUBSTITUTE HOUSE BILL NO. 1543,
SUBSTITUTE HOUSE BILL NO. 1587,
SUBSTITUTE HOUSE BILL NO. 1595,
SUBSTITUTE HOUSE BILL NO. 1678,
SUBSTITUTE HOUSE BILL NO. 1893,
The Speaker called on Representative Sommers to preside.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
MOTION
Representative Sheldon moved the House immediately consider the following bills in the following order: Senate Bill No. 5441, Senate Bill No. 5695, and Engrossed Substitute Senate Bill No. 5948. The motion was carried.
SENATE BILL NO. 5441, by Senators McAuliffe, Erwin, Talmadge, M. Rasmussen, Drew, Spanel, Loveland, von Reichbauer and Winsley; by request of Department of Social and Health Services
Updating statutes for rehabilitation services for handicapped persons.
The bill was read the second time.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Leonard and Cooke spoke in favor of passage of the bill.
On motion of Representative J. Kohl, Representatives Anderson, Appelwick, Dellwo and Wineberry were excused.
On motion of Representative Wood, Representatives Mielke and Dyer were excused.
The Speaker (Representative Sommers presiding) stated the question before the House to be final passage of Senate Bill No. 5441.
ROLL CALL
The Clerk called the roll on final passage of Senate Bill No. 5441 and the bill passed the House by the following vote: Yeas - 88, Nays - 0, Absent - 4, Excused - 6.
Voting yea: Representatives Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Mastin, 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, Wolfe, Wood, Zellinsky and Mr. Speaker - 88.
Absent: Representatives Heavey, Ludwig, Meyers, R. and Wang - 4.
Excused: Representatives Anderson, Appelwick, Dellwo, Dyer, Mielke and Wineberry - 6.
Senate Bill No. 5441, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5695, by Senators Bauer, Gaspard, Sellar, Pelz, Drew, Prince and M. Rasmussen; by request of State Board for Community and Technical Colleges
Changing provisions relating to GED tests.
The bill was read the second time.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Jacobsen and Brumsickle spoke in favor of passage of the bill.
The Speaker (Representative Sommers presiding) stated the question before the House to be final passage of Senate Bill No. 5695.
ROLL CALL
The Clerk called the roll on final passage of Senate Bill No. 5695 and the bill passed the House by the following vote: Yeas - 89, Nays - 0, Absent - 3, Excused - 6.
Voting yea: Representatives Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, 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, Wolfe, Wood, Zellinsky and Mr. Speaker - 89.
Absent: Representatives Heavey, Meyers, R. and Wang - 3.
Excused: Representatives Anderson, Appelwick, Dellwo, Dyer, Mielke and Wineberry - 6.
Senate Bill No. 5695, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5948, by Senate Committee on Health & Human Services (originally sponsored by Senators Deccio, Talmadge, Franklin, Prentice and McCaslin)
Modifying process and procedures for disciplining of health care professionals.
The bill was read the second time. Committee on Health Care recommendation: Majority, do pass as amended. (For committee amendment see Journal, 82nd Day, April 2, 1993.)
Representative L. Johnson moved adoption of the committee amendment.
Representative Campbell moved adoption of the following amendment to the committee amendment:
On page 15, line 11, strike "((twenty)) one hundred" and insert "twenty"
Representatives Campbell and L. Johnson spoke in favor of adoption of the amendment and Representative Cooke spoke against it. The amendment was adopted.
Representative L. Johnson moved adoption of the following amendment to the committee amendment:
On page 19, line 16, after "action" insert "pursuant to RCW 70.41.200(3)"
Representatives L. Johnson spoke in favor of adoption of the amendment to the committee amendment and the amendment was adopted.
The committee amendment as amended 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 L. Johnson, Ballasiotes and Campbell spoke in favor of passage of the bill.
On motion of Representative J. Kohl, Representatives Wang and R. Meyers were excused.
The Speaker (Representative Sommers presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5948 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute Senate Bill No. 5948 as amended by the House and the bill passed the House by the following vote: Yeas - 89, Nays - 0, Absent - 1, Excused - 8.
Voting yea: Representatives Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, 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, Wolfe, Wood, Zellinsky and Mr. Speaker - 89.
Absent: Representative Heavey - 1.
Excused: Representatives Anderson, Appelwick, Dellwo, Dyer, Meyers, R., Mielke, Wang and Wineberry - 8.
Engrossed Substitute Senate Bill No. 5948, as amended by the House, having received the constitutional majority, was declared passed.
The Speaker (Representative Sommers presiding) declared the House to be at ease.
The Speaker called the House to order.
HOUSE BILL NO. 1800, by Representatives Ogden, Romero, Wang, Veloria, Anderson, Wineberry, Rayburn, R. Meyers, King and J. Kohl; by request of Office of Minority and Women's Business Enterprises
Funding the office of minority and women's business enterprises.
The bill was read the second time.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Ogden and Forner spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 1800.
ROLL CALL
The Clerk called the roll on final passage of House Bill No. 1800 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Meyers, R. and Mielke - 2.
House Bill No. 1800, having received the constitutional majority, was declared passed.
MOTION
Representative Sheldon moved that the House defer consideration of House Bill No. 2053 and the bill hold its place on the second reading calendar. The motion was carried.
HOUSE BILL NO. 2070, by Representatives Patterson, Leonard, Brough, Shin and Karahalios
Modifying financial responsibility for juvenile offenders.
The bill was read the second time.
On motion of Representative Valle, Substitute House Bill No. 2070 was substituted for House Bill No. 2070 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2070 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Patterson, Cooke and Karahalios spoke in favor of passage of the bill.
On motion of Representative J. Kohl, Representative Leonard was excused.
The Speaker stated the question to be final passage of Substitute House Bill No. 2070.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 2070 and the bill passed the House by the following vote: Yeas - 93, Nays - 2, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, 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 - 93.
Voting nay: Representatives Cole, G. and Fuhrman - 2.
Excused: Representatives Leonard, Meyers, R. and Mielke - 3.
Substitute House Bill No. 2070, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2098, by Representative Valle; by request of Department of Social and Health Services
Enhancing community options long-term care program.
The bill was read the second time.
On motion of Representative Dellwo, Substitute House Bill No. 2098 was substituted for House Bill No. 2098 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2098 was read the second time.
Representative Padden moved adoption of the following amendment by Representatives Padden and Dyer:
On page 17, after line 12, insert the following:
"NEW SECTION. Sec. 15. A new section is added to Title 48 RCW to read as follows:
(1) The individual medical account act program is established for state and school district employees. The state insurance commissioner shall administer this program and shall promulgate necessary rules pursuant to chapter 34.05 RCW. State and school district employees shall have the option of participating in the individual medical account program.
(2) For the purposes of this section the following definitions apply:
(a) "Account holder" means the individual on whose behalf the individual medical account is established.
(b) "Dependent child" means any person under the age of twenty-one years or any person who is legally entitled or subject to a court order for the provision of proper and necessary subsistence, education, medical care, chiropractic care, or any other care necessary for their health, guidance, or well-being, and who is not otherwise emancipated, married or a member of the armed forces of the United States, or who is so mentally or physically incapacitated.
(c) "Individual medical account" means a trust created or organized to pay the eligible medical, chiropractic, dental, and long-term care expenses of the account holder.
(d) "Trustee" means a chartered state bank, savings and loan association or trust company authorized to act as a fiduciary; a national banking association or savings and loan association authorized to act as a fiduciary; or an insurance company.
(e) "Employee" means a state employee or school district employee.
(3) (a) For taxable years beginning on or after the effective date of this act, an employee shall be allowed to deposit contributions to an individual medical account. The amount of deposit for the first taxable year subsequent to the effective date of the act shall not exceed:
(i) Two thousand dollars for the account holder;
(ii) Two thousand dollars for the account holder and two thousand dollars for the spouse of the account holder;
(iii) Two thousand dollars for the account holder, two thousand dollars for the spouse of the account holder, and one thousand dollars for each dependent child of the account holder; or
(iv) Two thousand dollars for the account holder and one thousand dollars for each dependent child of the account holder.
(b) The maximum allowable amount of deposit for subsequent years shall be increased annually by a percentage equal to the previous year's increase in the national consumer price index.
(c) Upon agreement between an employer and employee, an employer may contribute to the employee's individual medical account or continue to make contributions under the employee's existing health insurance policy or program, subject, however, to the restrictions in subsection (e)(i) of this section.
(d) The individual medical account shall be established as a trust under the laws of this state and placed with a trustee. The trustee shall:
(i) Purchase long-term care coverage for each account holder to cover all medical, chiropractic, dental, and long-term care expenses in excess of ten thousand dollars; and
(ii) Utilize the trust assets solely for the purpose of paying the medical, chiropractic, dental, and long-term care expenses of the account holder.
(e) Individual medical account funds may be withdrawn by the account holder at any time for any purpose, subject to the following restrictions and penalties:
(i) There shall be a distribution penalty for withdrawal of individual medical account funds by the account holder. Such penalty shall be 10 percent of the amount of interest earned as of the date of withdrawal on the account.
(ii) After an account holder reaches 60 years of age, withdrawals shall be permitted for medical, chiropractic, dental or long-term care expenses only, and may be withdrawn without penalty.
(f) Upon the death of the account holder, the account principle, as well as any interest accumulated thereon, shall be distributed to the decedent's estate as part of the estate."
On page 17, line 13, strike "Sec. 15. This act is" and insert "Sec. 16. Sections 1 through 14 of this act are"
Representative Peery: "I would request a ruling on the scope and object of the amendment.
Speaker: Representative Peery, the Speaker is prepared to rule on your point of order as to the scope and object of amendment 461.
The Speaker finds that Substitute House Bill No. 2098 is a measure relating to long-term care services. It requires the Department of Social and Health Services Aging and Adult Service Administration to develop and administer a state-wide long term care program, provides for an on-going study and report on long term care, provides for assisted living service, modifies the certificate of need standards for nursing home beds, and establishes a community residential facility advisory council.
Amendment 461 establishes a medical account program for state and school district employees to be administered by the State Insurance Commissioner.
The Speaker therefore finds that the proposed amendment does change the scope and object of the bill and that the point of order is well taken.
On motion of Representative Peery, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
Representatives Dellwo, Dyer and Valle spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2098.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 2098 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, 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 - 95.
Excused: Representatives Leonard, Meyers, R. and Mielke - 3.
Substitute House Bill No. 2098, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2119, by Representatives Dunshee, Lemmon and Wolfe; by request of Office of Financial Management
Abolishing the state professional athletic commission.
The bill was read the second time.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Valle and Dunshee spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2119.
ROLL CALL
The Clerk called the roll on final passage of House Bill No. 2119 and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, 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 - 94.
Voting nay: Representative Heavey - 1.
Excused: Representatives Leonard, Meyers, R. and Mielke - 3.
House Bill No. 2119, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2122, by Representatives Linville, Locke, Peery, Lemmon, Dellwo and Anderson; by request of Office of Financial Management
Authorizing early retirement for certain employees of PERS and TRS.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 93rd Day, April 13, 1993.)
Representatives Valle moved adoption of the committee amendment.
Representatives Valle and Linville spoke in favor of the adoption of the amendment. The committee amendment was adopted.
The bill was order engrossed.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Linville spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2122.
ROLL CALL
The Clerk called the roll on final passage of Engrossed House Bill No. 2122 and the bill passed the House by the following vote: Yeas - 92, Nays - 4, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.
Voting nay: Representatives Cothern, Lisk, Rust and Sommers - 4.
Excused: Representatives Leonard and Mielke - 2.
Engrossed House Bill No. 2122, having received the constitutional majority, was declared passed.
I mistakenly voted "YEA" on Engrossed House Bill No. 2122 and I wish to change my vote to "NAY".
MIKE RILEY, District 19
HOUSE BILL NO. 2123, by Representatives Jacobsen, Quall and Brumsickle; by request of Office of Financial Management
Allowing insurance benefits for graduate service appointments.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see 93rd Day, April 13, 1993.)
Representative Valle moved adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
The bill was ordered engrossed.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Valle and Silver spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2123.
ROLL CALL
The Clerk called the roll on final passage of Engrossed House Bill No. 2123 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Leonard and Mielke - 2.
Engrossed House Bill No. 2123, having received the constitutional majority, was declared passed.
With the consent of the House, the House deferred consideration of House Bill No. 2124 and the bill held its place on the second reading calendar.
HOUSE BILL NO. 2130, by Representatives Locke, Dellwo and Miller; by request of Department of Social and Health Services
Modifying requirements for the acquired human immunodeficiency syndrome insurance program.
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 stated the question before the House to be final passage of House Bill No. 2130.
ROLL CALL
The Clerk called the roll on final passage of House Bill No. 2130 and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Voting nay: Representative Padden - 1.
Excused: Representatives Leonard and Mielke - 2.
House Bill No. 2130, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2114, by Representative G. Fisher; by request of Office of Financial Management
Crediting earnings on balances of certain treasury accounts.
The bill was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative G. Fisher spoke in favor of passage of the bill and Representatives Foreman and Cooke spoke against it.
The Speaker stated the question before the House to be final passage of House Bill No. 2114.
ROLL CALL
The Clerk called the roll on final passage of House Bill No. 2114 and the bill passed the House by the following vote: Yeas - 53, Nays - 43, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Cole, G., Conway, Cothern, Dellwo, Dunshee, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Linville, Locke, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Romero, Rust, Scott, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 53.
Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Dorn, Dyer, Edmondson, Eide, Foreman, Forner, Fuhrman, Hansen, Horn, Johanson, Kremen, Lisk, Long, Miller, Morton, Padden, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 43.
Excused: Representatives Leonard and Mielke - 2.
House Bill No. 2114, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
SIGNED BY THE SPEAKER
April 17, 1993
The Speaker announced he was signing:
SUBSTITUTE HOUSE BILL NO. 1343,
SUBSTITUTE HOUSE BILL NO. 1454,
SUBSTITUTE HOUSE BILL NO. 1543,
SUBSTITUTE HOUSE BILL NO. 1587,
SUBSTITUTE HOUSE BILL NO. 1595,
SUBSTITUTE HOUSE BILL NO. 1678,
SUBSTITUTE HOUSE BILL NO. 1893,
SECOND SUBSTITUTE SENATE BILL NO. 5288,
SUBSTITUTE SENATE BILL NO. 5337,
SUBSTITUTE SENATE BILL NO. 5471,
SUBSTITUTE SENATE BILL NO. 5479,
SUBSTITUTE SENATE BILL NO. 5520,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5615,
SUBSTITUTE SENATE BILL NO. 5878,
With the consent of the House, the House considered the Speaker's ruling on the point of order to Engrossed Senate Bill No. 5508.
In ruling on the point of order raised by Representative Appelwick to the scope and object of amendment 327 offered by Representative Vance and others the Speaker finds that:
Engrossed Senate Bill No. 5508 is an act "relating to child dependency cases" which specifies the criteria for determining when child support may be ordered for children placed in foster care.
Amendment 327 changes provisions governing when child support may be ordered in cases of marriage dissolution.
The Speaker finds that the proposed amendment does change the scope and object of the bill and that the point of order is well taken.
With the consent of the House, the House considered the Speaker's ruling on the point of order to Engrossed Senate Bill No. 5280.
Representative Vance has raised a point of order to the scope and object of amendment 439, an amendment offered by Representative Dorn and others to the proposed Commerce & Labor committee amendment to Engrossed Senate Bill No. 5280.
The Speaker finds that Engrossed Senate Bill No. 5280 is a measure relating to certificates of competency for registered contractors. It establishes a voluntary certification program for general and specialty contractors, provides for fees, and establishes an advisory committee to assist the Department of Labor & Industries in development, implementation and administration of the program.
Amendment 439 broadens the underlying bill by creating a mandatory certification program for paint and coating applicators, establishing monetary penalties for violation, providing for an appeal process under the administrative procedures act and creating a new account in the custody of the state treasurer.
The Speaker therefore finds that the proposed amendment does change the scope and object of the bill and that the point of order is well taken.
With the consent of the House, the House considered the Speaker's ruling on the point of order to Senate Bill No. 5791.
In ruling on the point of order raised by Representative Appelwick to the scope and object of amendment 417 offered by Representative Vance and others, the Speaker finds that:
Senate Bill No. 5791 is an act relating to "mandatory provisions in child support orders." It is limited to specifying additional provisions that a court must include in every child support order to comply with federal law.
Amendment 417 relates to postsecondary educational support for children over the age of eighteen. Postsecondary educational support is not a mandatory provision in child support orders. In addition, the amendment is broader than the underlying bill because it brings in issues that federal law does not require to be included in child support orders.
The Speaker therefore finds that the proposed amendment does change the scope and object of the underlying bill and that the point of order is well taken.
MOTION
Representative Peery moved the House immediately consider Senate Bill No. 5352 on the second reading calendar. The motion was carried.
SENATE BILL NO. 5352, by Senators Newhouse, Spanel, Moore, Bauer and Winsley; by request of Joint Committee on Pension Policy
Specifying how payments based on retirement agreements shall affect calculation of pension benefits.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 5, 1993.)
Representative Valle moved adoption of the committee amendment.
Representative Sommers moved adoption of the following amendment to the committee amendment:
On page 1, beginning on line 23 of the Appropriations Committee amendment, strike "their employers" and insert "the retirement system"
On page 2, line 1 of the Appropriations Committee amendment, strike "their employers" and insert "the retirement system"
On page 2, line 3 of the Appropriations Committee amendment, strike all of subsection (5)
Representatives Sommers and Jacobsen spoke in favor of adoption of the amendment to the committee amendment and Representative Silver spoke against it. The amendment was adopted.
The committee amendment as amended were adopted.
With consent of the House, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
POINT OF PARLIAMENTARY INQUIRY
Representative Miller: Mr. Speaker and members of the House, House rule 19 D, which is based on the requirements of Article II Section 30 of our state constitution, requires any member who has a private interest in a bill before the House to disclose that interest and to be excused from voting on the measure.
Mr. Speaker and members of the House, should Senate Bill No. 5352 as amended by the House become law, a member of my immediate family would be one of what I believe to be between 30 and 100 retirees who would benefit from the act.
Mr. Speaker, under the circumstances, that I have just described, should I be excused from voting on Senate Bill No. 5352?
No, Representative Miller, you should not be excused from voting on Senate Bill No. 5352.
House Rule 19 (d) and Article II, Section 30 of the state constitution prohibits members from voting on legislation which affects them individually and uniquely, not as members of a group.
Since the bill in question applies to a category of Washington citizens, and not uniquely to a member of your family, you do not have a private interest within the meaning of our state constitution which would disqualify you from voting.
Representatives Sommers and Silver spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Senate Bill No. 5352 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Senate Bill No. 5352 as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Leonard and Mielke - 2.
Senate Bill No. 5352, as amended by the House, having received the constitutional majority, was declared passed.
The Speaker called on Representative R. Meyers to preside.
MOTION
Representative Sheldon moved the House immediately consider the following bills in the following order: Second Substitute Senate Bill No. 5836, Engrossed Senate Bill No. 5508, Senate Bill No. 5791, Engrossed Senate Bill No. 5280 and Second Substitute Senate Bill No. 5781. The motion was carried.
SECOND SUBSTITUTE SENATE BILL NO. 5836, by Senate Committee on Ways & Means (originally sponsored by Senators Bauer, Prince, West, Drew, Jesernig, Sheldon, Snyder and Gaspard)
Redefining the relationship between the state and its postsecondary institutions.
The bill was read the second time. Committee on Higher Education recommendation: Majority, do pass as amended. (For committee amendment see Journal, 81st Day, April 1, 1993.)
Representative Jacobsen moved adoption of the committee amendment and spoke in favor of it. The committee 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 Jacobsen and Brumsickle spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Second Substitute Senate Bill No. 5836 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Second Substitute Senate Bill No. 5836 as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Leonard and Mielke - 2.
Second Substitute Senate Bill No. 5836, as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 5508, by Senators Hargrove, Niemi, A. Smith, Nelson and Spanel
Modifying child support orders in dependency cases.
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 Engrossed Senate Bill No. 5508 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Senate Bill No. 5508 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Leonard and Mielke - 2.
Engrossed Senate Bill No. 5508, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5791, by Senators A. Smith and Rinehart; by request of Attorney General
Changing child support provisions.
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 Zellinsky spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 5791.
ROLL CALL
The Clerk called the roll on final passage of Senate Bill No. 5791 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Leonard and Mielke - 2.
Senate Bill No. 5791, having received the constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 5280, by Senators Hargrove, Erwin, Owen, Sutherland and Jesernig
Creating a certification program for contractors.
The bill was read the second time.
The committee amendment by Committee on Commerce & Labor 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.
Representative Zellinsky spoke in favor of passage of the bill and Representative Lisk spoke against it.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 5280 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Senate Bill No. 5280 as amended by the House, and the bill passed the House by the following vote: Yeas - 63, Nays - 33, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Locke, Ludwig, Mastin, Meyers, R., Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 63.
Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Lisk, Long, Miller, Morris, Morton, Padden, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas and Vance - 33.
Excused: Representatives Leonard and Mielke - 2.
Engrossed Senate Bill No. 5280 as amended by the House, having received the constitutional majority, was declared passed.
MOTION
Representative Sheldon moved the House immediately consider the following bills in the following order: Second Substitute Senate Bill No. 5781, Senate Bill No. 5584 and Senate Bill No. 5330. The motion was carried.
SECOND SUBSTITUTE SENATE BILL NO. 5781, by Senate Committee on Ways & Means (originally sponsored by Senators Jesernig, Bauer, Moyer, Pelz, Bluechel, Spanel, Hargrove, Drew, von Reichbauer, Snyder, Sheldon, Loveland, McDonald, Erwin, M. Rasmussen, Barr, Prentice, Sutherland, McAuliffe, West, Oke, Amondson, Haugen, Franklin, Sellar, Hochstatter, Fraser, Deccio, A. Smith and Winsley)
Improving access to public institutions of higher education.
The bill was read the second time. Committee on Higher Education recommendation: Majority, do pass as amended. (For committee amendment see Journal, 82nd Day, April 2, 1993.) Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendments see Journal, 85th Day, April 5, 1993.)
Representative Jacobsen moved that the House not adopt the committee amendment on Higher Education. The committee amendment was not adopted.
Representative Valle moved that the House not adopt the committee amendment on Appropriations. The committee was not adopted.
Representative Jacobsen moved adoption of the following amendment by Representative Sommers and others:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the proportion of the state budget dedicated to postsecondary educational programs has decreased for two decades. At the same time, major technological, economic, and demographic changes have exacerbated the need for improved training and education to maintain a high-quality, competitive work force, and a well-educated populace to meet the challenges of the twenty-first century. Therefore, the legislature finds that there is increasing need for postsecondary educational opportunities for citizens of the state of Washington.
The legislature declares that the policy of the state of Washington shall be to improve the access to, and the quality of, this state's postsecondary educational system. The budgetary policy of the state of Washington shall be to provide a level of protection and commitment to the state's postsecondary educational system commensurate with the responsibility of this state to the educational and professional improvement of its citizens and work force.
NEW SECTION. Sec. 2. It is the policy of the state of Washington that the essential requirements level budget calculation for institutions of higher education include enrollment levels necessary to maintain, by educational sector, the participation rate funded in the 1993 fiscal year. The participation rate shall be based on the state's estimated population ages seventeen and above by appropriate age groups.
NEW SECTION. Sec. 3. It is the policy of the state of Washington that the governor and legislature, in their budget deliberations, consider adding sufficient incremental enrollment increases to achieve, by the year 2010, the goals, by educational sector, adopted by the higher education coordinating board in its enrollment plan entitled "Design for the 21st Century: Expanding Higher Education Opportunities in Washington." In the biennial operating budget documents submitted to the legislature, the governor shall display information on the number of additional students necessary and the amount of money needed to fund these incremental enrollment increases.
NEW SECTION. Sec. 4. The participation rate used to calculate enrollment levels under sections 2 and 3 of this act shall be based on fall enrollment reported in the higher education enrollment report as maintained by the office of financial management, fall enrollment as reported in the management information system of the state board for community and technical colleges, and the corresponding fall population forecast by the office of financial management. Formal estimates of the state participation rates and enrollment levels necessary to fulfill the requirements of sections 2 and 3 of this act shall be determined by the office of financial management as part of its responsibility to develop and maintain student enrollment forecasts for colleges and universities under RCW 43.62.050. Formal estimates of the state participation rates and enrollment levels required by this section shall be based on procedures and standards established by a technical work group consisting of staff from the higher education coordinating board, the state board for community and technical colleges, the fiscal and higher education committees of the house of representatives and the senate, and the office of financial management. Formal estimates of the state participation rates and enrollment levels required by this section shall be submitted to the fiscal committees of the house of representatives and senate on or before November 15th of each even-numbered year. The higher education coordinating board shall periodically review the enrollment goals set forth in sections 2 and 3 of this act and submit recommendations concerning modification of these goals to the governor and to the higher education committees of the house of representatives and the senate.
NEW SECTION. Sec. 5. It is the policy of the state of Washington that financial need not be a barrier to participation in the state higher education system. In order to implement that policy, the higher education coordinating board shall restructure the state's financial aid programs into a comprehensive program known as college promise. In restructuring the programs, the board shall follow these goals:
(1) For all need-based financial aid programs under RCW 28B.10.790 through 28B.10.824 and chapters 28B.12 and 28B.101 RCW:
(a) Through a mix of federal, state, and other resources:
(i) Limit the debt of an undergraduate student to no more than one-half of a student's cost of attendance; and
(ii) Provide more self-help opportunities than grant aid to middle-income students, and approximately equal amounts of self-help opportunities and grant aid to low-income and lower middle-income students. Self-help opportunities include work study and loans;
(b) In determining eligibility for state financial aid programs, shelter home equity on a family's principal place of residence, and shelter a reasonable portion of savings and farm or business net worth, each insofar as is permissible under state and federal law;
(c) Consistent with federal law, simplify the financial aid application process;
(d) Strive to preserve a range of educational options for needy students, including choice of institutions and programs;
(e) Recognize otherwise unfunded equipment and assistance needed to accommodate students with disabilities reasonably;
(f) Deliver clear and timely information to current and future postsecondary students about the costs of attending college and available financial aid; and
(g) Classify needy students by family income levels based on the state's median income for a family of four, adjusted annually for family size and changes in the state's median income. The classification system shall be as follows:
(i) Low income means zero to fifty percent of the state's median income;
(ii) Lower middle income means fifty-one to seventy-five percent of the state's median income; and
(iii) Middle income means seventy-six to one hundred twenty-five percent of the state's median income.
(2) For the state need grant program under RCW 28B.10.790 through 28B.10.824: As funds are available, expand the program to include new populations of resident students in the following priority order, ensuring that undergraduate students with the most demonstrated financial need receive full grants before less needy students receive any grant:
(a) Low-income undergraduates;
(b) Lower middle-income undergraduates;
(c) Middle-income undergraduates; and
(d) Resident graduate and professional students, following the income priorities established for undergraduate students.
(3) For the state work study program under chapter 28B.12 RCW: Increase employment opportunities including off-campus job opportunities with off-campus community service employers.
(4) For students whose parents did not complete a higher education degree or certificate: Determine the feasibility of providing grants to needy first generation scholars.
Sec. 6. RCW 28B.15.515 and 1991 c 353 s 1 are each amended to read as follows:
(1) The boards of trustees of the community college districts may operate summer schools on either a self-supporting or a state-funded basis.
If summer school is operated on a self-supporting basis, the fees charged shall be retained by the colleges, and shall be sufficient to cover the direct costs, which are instructional salaries and related benefits, supplies, publications, and records.
Community colleges that have self-supporting summer schools shall continue to receive general fund state support for vocational programs that require that students enroll in a four quarter sequence of courses that includes summer quarter due to clinical or laboratory requirements and for ungraded courses limited to adult basic education, vocational apprenticeship, aging and retirement, small business management, industrial first aid, and parent education.
(2)(((a))) The board of trustees of a community college district may permit the district's state-funded, full-time equivalent enrollment level, as provided in the operating budget appropriations act, to vary ((by plus or minus two percent each fiscal year unless otherwise authorized in the operating budget appropriations act)). If the variance is above the state-funded level, the district may charge those students above the state-funded level a fee equivalent to the amount of tuition and fees that are charged students enrolled in state-funded courses. These fees shall be retained by the colleges.
(((b) Any community college that in 1990-91 has an enrollment above the state-funded level but below the authorized variance may increase its excess enrollments to within the variance.
(c) Community colleges that currently have excess enrollments more than the authorized variance, by means of enrollments that would have otherwise been eligible for state funding, shall reduce those excess enrollments to within the authorized variance by September 1, 1995, in at least equal annual reductions, commencing with the 1991-92 fiscal year.
(d) Except as permitted by (c) of this subsection, should the number of student-supported, full-time equivalent enrollments in any fiscal year fall outside the authorized variance, the college shall return by September 1st to the state general fund, an amount equal to the college's full average state appropriations per full-time equivalent student for such student-funded full-time equivalent outside the variance, unless otherwise provided in the operating budget appropriations act.))
(3) The state board for community and technical colleges ((education)) shall ensure compliance with this section.
NEW SECTION. Sec. 7. Sections 2 through 5 of this act are each added to chapter 28B.10 RCW.
NEW SECTION. Sec. 8. 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."
Representatives Jacobsen and Brumsickle spoke in favor of adoption of the amendment and 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 Jacobsen and Brumsickle spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Second Substitute Senate Bill No. 5781 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Second Substitute Senate Bill No. 5781 as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Leonard and Mielke - 2.
Second Substitute Senate Bill No. 5781, as amended by the House, having received the constitutional majority, was declared passed.
With the consent of the House, the House deferred consideration of Senate Bill No. 5251 and Senate Bill No. 5584.
MOTION
Representative Sheldon moved that the House immediately consider Senate Bill No. 5330 on the second reading calendar. The motion was carried.
SENATE BILL NO. 5330, by Senators Haugen, Moore and Amondson
Exempting auction sold property from a statutory holding period.
The bill was read the second time.
Representative Heavey moved adoption of the following amendment by Representatives Heavey and Wood:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 18.11 RCW to read as follows:
The department of licensing may exempt, by rule, second-hand property bought or received on consignment or sold at an auction conducted by a licensed auctioneer or auction company from RCW 19.60.050 or 19.60.055."
Representative Heavey spoke in favor of adoption of the amendment and 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.
Representative Appelwick spoke against passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 5330 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Senate Bill No. 5330 as amended by the House and the bill passed the House by the following vote: Yeas - 66, Nays - 30, Absent - 0, Excused - 2.
Voting yea: Representatives Basich, Brumsickle, Campbell, Carlson, Casada, Chandler, Conway, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Fisher, G., Flemming, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jones, Karahalios, Kessler, King, Kremen, Lemmon, Linville, Lisk, Locke, Long, Mastin, Meyers, R., Morton, Myers, H., Orr, Padden, Patterson, Peery, Pruitt, Rayburn, Reams, Roland, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 66.
Voting nay: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Bray, Brough, Brown, Chappell, Cole, G., Cooke, Cothern, Eide, Finkbeiner, Fisher, R., Foreman, Jacobsen, Johanson, Johnson, L., Johnson, R., Kohl, J., Ludwig, Miller, Morris, Ogden, Quall, Riley, Romero, Rust, Schmidt and Wang - 30.
Excused: Representatives Leonard and Mielke - 2.
Senate Bill No. 5330, as amended by the House, 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.
With the consent of the House, the House resumed consideration of Senate Bill No. 5474 on the second reading calendar.
SENATE BILL NO. 5474, by Senators A. Smith, Pelz, Niemi, Spanel, Drew, Prince, Roach and Franklin; by request of Human Rights Commission
Revising laws relating to discrimination.
The bill was read the second time. Committee on Judiciary recommendation: Majority do pass as amended. (For committee amendments, see Journal, 85th Day, April 5, 1993)
Representative Appelwick moved adoption of the committee amendments and spoke in favor of them. The committee amendments were adopted.
With the consent of the House, Representative Appelwick withdrew amendment Number 409 .
Representative Anderson: Thank you Mr. Speaker, I would like to make some personal remarks: My remarks are inspired by the Ecclesiastes, a book of the Bible which deals with reflection and reasoning about life. The mood of the Ecclesiastes is generally one of sadness, the phrase, "vexation of spirit" appears nine times, and the words "oppression", grief and "mourning" are prominent too. And I have much to mourn today, I believe we all do. I think back to the hearing before the committee on State Government and to the stories of discrimination we heard. The story of the school principal chased out of his job, not because of anything he did, but simply because he is gay. The story of the lesbian couple, denied an apartment, not because they couldn't pay the rent, but simply because they are lesbian. Ad the stories, youth suicides, children whose self esteem has been so damaged by bigotry, bias and discrimination based solely on their sexual orientation that they see no way out of the pain but to take there own lives. I grieve for this loss. I also grieve because I must now go around this state and tell lesbians and gay men that they still can't enjoy equal rights or equal justice under the laws of our state simply because they are lesbian or gay. For sixteen years House Bill No. 1443 or similar civil rights bills have been before this legislature and twice this wonderful House of Representatives has passed this civil rights legislation, and I want to acknowledge and thank you Mr. Speaker and my colleagues here in the House on both sides of the aisle for the moral courage you all have exhibited for this legislation, But as it is written in the Ecclesiastes to everything there is a season. I'm saddened that once again this does not seem to be the season for this legislation despite the strong leadership shown by this House. Sadly a fiscal note has clouded the real issues of the bill, and despite support in the Senate Law & Justice Committee and support by the Chair and many members of the Senate Ways & Means Committee we couldn't get the bill moving again. It hurts, it hurts deeply. We could amend this Senate Bill but I'm afraid it would jeopardize the effort to bring our states law in compliance with the Americans with Disabilities Act and I don't want to do that. A brief final thought. Martin Luther King had a dream. He dreamed that his four children would one day live in a nation where they would be judged, not by the color of their skin, but by the content of their character. I too have a dream, that one day gay men and lesbians will be judged not by their sexual orientation but by their ability to do the job, and pay the rent and contribute to our society. I believe Mr. Speaker, that it should always be the season to do justice but sadly it does not seem to be the season for my dream. Thank you.
Representative Fuhrman: Thank you Mr. Speaker, I would like to make some remarks on the gay rights issue on House Bill No. 1443. Probably the best thing I could do and the best thing for all of us would be for me to give Cal's speech and for Cal to give my speech. If each of us in the nation and in the State of Washington on the extreme sides of this issue could do that we'd probably be better off, but in this case I'm going to give my one page of thoughts, I'm going to stick to it as best as I can so I don't get off track and on the extreme issues. It is nice to be able to do that when no TV cameras here. I've wanted to talk on three main points. One was that gay rights does not show compassion itself, they do create a dangerous precedent and they are not necessary. Homosexuals should be treated with respect and are definitively deserving of compassion on a personal basis. The compassion is not shown by pretending that the behavior is normal or is healthy; compassion is shown by treating them as responsible moral people who can change their behavior. Now I don't mean change their being, or change who they are, but change the sexual act that they carry out. I'm not trying to talk about who or what they are but the act itself. Recent studies under substantial clinical evidence have shown that homosexuality is not a permanent condition, homosexuals can change what they do, not who they are, but what they do, and it's not others in this room or across this state or nation to judge them, but the widespread acceptance of homosexuality is the worst thing that could happen since this ignores something that homosexuals themselves know-that it's not normal anymore than adultery is normal. It is not compassionate to encourage people to take pride in either adultery or homosexuality; to teach children that adultery or homosexuality is healthy and normal is not compassionate nor is it responsible. Homosexual rights, laws, create a dangerous precedent. That's my second point. It protects a class of people on a basis of their conduct, what they do and not who they are, that's what House Bill No. 1443 would do. Other civil rights laws are based on what people believe or who they are, not what they do. If House Bill No. 1443 would have passed it would have amounted to special rights. I must mention that the act of homosexuality was illegal in every state in the union until 1961 and that wasn't that long ago and I must mention also the U. S. Supreme Court has specially ruled there is no constitutional right for homosexuals to engage in the sex act in homosexuality. Special homosexual rights are not necessary, House Bill No. 1443 was something that was not needed, homosexuals have identical rights and protection under the American Constitutional system that are afforded to all Americans. I thank you for allowing me to say this.
MOTIONS
Representative Peery moved the House defer further consideration of Senate Bill No. 5474 and the bill hold its place on the second reading calendar. The motion was carried.
Representative Peery moved the House consider the following bills in the following order: Senate Bill No. 5584, Senate Bill No. 5638, and Senate Bill No. 5231. The motion was carried.
SENATE BILL NO. 5584, by Senators Franklin, Winsley, McAuliffe, Skratek, M. Rasmussen, Hargrove, Wojahn, Niemi, Drew and Pelz
Creating the Washington housing policy act.
The bill was read the second time. Committee on Trade Economic Development & Housing recommendation: Majority, do pass as amended. (For committee amendment see Journal, 82nd Day, April 5, 1993.)
Representative Wineberry moved adoption of the committee amendment.
Representative Ogden moved adoption of the following amendment to the committee amendment:
On page 3, line 17 of the amendment, after "(5)" insert ""Regulatory barriers to affordable housing" and "regulatory barriers" mean any public policies (including those embodied in statues, ordinances, regulations, or administrative procedures or processes) required to be identified by the state or local government in connection with its strategy under section 105(b) (4) of the Cranston-Gonzalez national affordable housing act (42 U. S. C. 12701 et seq.).
(6)"
On page 5, beginning on line 21 of the amendment, after "(d)" strike al material through "industry" on line 23 and insert "Identification and removal, where appropriate and not detrimental to the public health and safety, or environment, of state and local regulatory barriers to the development and placement of affordable housing."
On page 8, after line 25, insert the following:
"NEW SECTION. Sec. 14. A new section is added to chapter 43.63A RCW to read as follows:
The department shall provide technical assistance and information to state agencies and local governments to assist in the identification and removal of regulatory barriers to the development and placement of affordable housing. In providing assistance the department may:
(1) Analyze the costs and benefits of state legislation, rules, and administrative actions and their impact on the development and placement of affordable housing;
(2) Analyze the costs and benefits of local legislation, rules and administrative actions and their impact on the development and placement of affordable housing;
(3) Assist state agencies and local governments in determining the impact of existing and anticipated actions, legislation, and rules on the development and placement of affordable housing;
(4) Investigate techniques and opportunities for deducing the life cycle housing costs through regulatory reform;
(5) Develop model standards and ordinances designed to reduce regulatory barriers to affordable housing and assisting in their adoption and use at the state and local government level;
(6) Provide technical assistance and information to state agencies and local governments for implementation of legislative and administrative reform programs to remove barriers to affordable housing;
(7) Prepare state regulatory barrier removal strategies;
(8) Provide staffing to the affordable housing advisory board created in section 5 of this act; and
(9) Perform other activities as the director deems necessary to assist the state, local governments, and the housing industry in meeting the affordable housing needs of the state."
Representatives Ogden, Wineberry and Forner spoke in favor of the amendment. The amendment to the committee amendment was adopted.
Representative Ogden moved adoption of the following amendment to the committee amendment:
On page 15, after line 9 of the amendment, insert the following:
"NEW SECTION. Sec. 17. A new section is added to chapter 35.63 RCW to read as follows:
No city may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).
NEW SECTION. Sec. 18. A new section is added to chapter 35A.63 RCW to read as follows:
No city may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).
NEW SECTION. Sec. 19. A new section is added to chapter 36.70 RCW to read as follows:
No county may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).
NEW SECTION. Sec. 20. A new section is added to chapter 36.70A RCW to read as follows:
No county or city that plans or elects to plan under this chapter may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602)."
Representatives Ogden, H. Myers and Forner spoke in favor of adoption of the amendment and Representatives Wineberry and Thibaudeau spoke against it. The amendment was adopted.
Representative Morris moved adoption of the following amendment to the committee amendment:
On page 15, after line 9 of the amendment, insert the following:
"NEW SECTION. Sec. 17. The legislature finds that the importance of rules regarding residential and nonresidential construction health and safety standards can not be overstated. However, the adoption and application of these rules should take into consideration the type of construction activity it is intended to regulate. It is the intent of the legislature to reduce the regulatory cost of housing by requiring that construction health and safety standards adopted by the state, pursuant to RCW 49.17.050(11) and section 19 of this act, take into consideration the practical application of the rules on the residential construction industry.
Sec. 18. RCW 49.17.050 and 1973 c 80 s 5 are each amended to read as follows:
In the adoption of rules ((and regulations)) under the authority of this chapter, the director shall:
(1) Provide for the preparation, adoption, amendment, or repeal of rules ((and regulations)) of safety and health standards governing the conditions of employment of general and special application in all work places;
(2) Provide for the adoption of occupational health and safety standards which are at least as effective as those adopted or recognized by the United States secretary of labor under the authority of the Occupational Safety and Health Act of 1970 (Public Law 91-596; 84 Stat. 1590);
(3) Provide a method of encouraging employers and employees in their efforts to reduce the number of safety and health hazards at their work places and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions;
(4) Provide for the ((promulgation)) adoption of health and safety standards and the control of conditions in all work places concerning gases, vapors, dust, or other airborne particles, toxic materials, or harmful physical agents which shall set a standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his or her working life; any such standards shall require where appropriate the use of protective devices or equipment and for monitoring or measuring any such gases, vapors, dust, or other airborne particles, toxic materials, or harmful physical agents;
(5) Provide for appropriate reporting procedures by employers with respect to such information relating to conditions of employment which will assist in achieving the objectives of this chapter;
(6) Provide for the frequency, method, and manner of the making of inspections of work places without advance notice; ((and,))
(7) Provide for the publication and dissemination to employers, employees, and labor organizations and the posting where appropriate by employers of informational, education, or training materials calculated to aid and assist in achieving the objectives of this chapter;
(8) Provide for the establishment of new and the perfection and expansion of existing programs for occupational safety and health education for employers and employees, and, in addition institute methods and procedures for the establishment of a program for voluntary compliance solely through the use of advice and consultation with employers and employees with recommendations including recommendations of methods to abate violations relating to the requirements of this chapter and all applicable safety and health standards and rules ((and regulations promulgated pursuant to the authority of)) adopted under this chapter;
(9) Provide for the adoption of safety and health standards requiring the use of safeguards in trenches and excavations and around openings of hoistways, hatchways, elevators, stairways, and similar openings;
(10) Provide for the ((promulgation)) adoption of health and safety standards requiring the use of safeguards for all vats, pans, trimmers, cut off, gang edger, and other saws, planers, presses, formers, cogs, gearing, belting, shafting, coupling, set screws, live rollers, conveyors, mangles in laundries, and machinery of similar description, which can be effectively guarded with due regard to the ordinary use of such machinery and appliances and the danger to employees therefrom, and with which the employees of any such work place may come in contact while in the performance of their duties and prescribe methods, practices, or processes to be followed by employers which will enhance the health and safety of employees in the performance of their duties when in proximity to machinery or appliances mentioned in this subsection;
(11) Provide for the adoption of health and safety standards for residential construction with due regard for the practical application of the standards to the residential construction industry. For the purposes of this subsection, "residential construction" means the construction of a building intended for use as a separate single-family dwelling.
NEW SECTION. Sec. 19. A new section is added to chapter 49.17 RCW to read as follows:
In adopting the standards required under RCW 49.17.050(11), the department shall consult with an advisory committee established by the department on residential construction safety and health standards. The advisory committee shall consist of nine members: One member shall represent the department; four members shall represent the residential construction industry, who shall be appointed by the department from a list submitted by the building industry association of Washington; and four members shall represent organized building and construction trades, who shall be appointed by the department from a list submitted by the Washington state labor council. The department shall adopt initial rules no later than July 1, 1994. Thereafter, the department may review and revise the rules under its authority under RCW 49.17.040. The advisory committee shall expire on adoption of the initial rules, unless the committee is continued by the department.
NEW SECTION. Sec. 20. A new section is added to chapter 43.63A RCW to read as follows:
(1) The legislature finds that:
(a) The trend toward smaller household sizes will continue into the foreseeable future;
(b) Many of these households are in housing units that contain more bedrooms than occupants;
(c) There are older homeowners on relatively low, fixed income who are experiencing difficulties maintaining their homes; and
(d) There are single parents, recently widowed persons, people in the midst of divorce or separation, and handicapped that are faced with displacement due to the high cost of housing.
(2) The legislature declares that the purpose of section 21 of this act is to develop a pilot program designed to:
(a) Provide home-matching services that can enable people to continue living in their homes while promoting continuity of home ownership and community stability; and
(b) Counter the problem of displacement among people on relatively low, fixed incomes by linking people offering living space with people seeking housing.
NEW SECTION. Sec. 21. A new section is added to chapter 43.63A RCW to read as follows:
(1) The department may develop and administer a home-matching program for the purpose of providing grants and technical assistance to eligible organizations to operate local home-matching programs. For purposes of this section, "eligible organizations" are those organizations eligible to receive assistance through the Washington housing trust fund, chapter 43.185 RCW.
(2) The department may select up to five eligible organizations for the purpose of implementing a local home-matching program. The local home-matching programs are designed to facilitate: (a) Intergenerational homesharing involving older homeowners sharing homes with younger persons; (b) homesharing arrangements that involve an exchange of services such as cooking, housework, gardening, or babysitting for room and board or some financial consideration such as rent; and (c) the more efficient use of available housing.
(3) In selecting local pilot programs under this section, the department shall consider:
(a) The eligible organization's ability, stability, and resources to implement the local home-matching program;
(b) The eligible organization's efforts to coordinate other support services needed by the individual or family participating in the local home-matching program; and
(c) Other factors the department deems appropriate.
(4) The eligible organizations shall establish criteria for participation in the local home-matching program. The eligible organization shall make a determination of eligibility regarding the individuals' or families' participation in the local home-matching program. The determination shall include, but is not limited to a verification of the individual's or family's history of making rent payments in a consistent and timely manner."
Representative G. Fisher: I would request the Speaker to make a ruling on the scope and object of the amendment.
With the consent of the House, further consideration of Senate Bill No. 5384 was deferred and the bill held its place on the second reading calendar.
SENATE BILL NO. 5638, by Senators Skratek, Drew, Roach, Haugen, Quigley, M. Rasmussen and Oke
Modifying property tax valuation of property affected by growth management regulations.
The bill was read the second time. Committee on Revenue recommendation: Majority, do pass as amended. (For committee amendment see Journal, 78th Day, March 29, 1993.)
Representative G. Fisher moved adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
Representative Sheldon moved adoption of the following amendment by Representative Sheldon:
On page 2, line 11, after "36.70A RCW" insert "that result in a reduction in value would be a taking of property as established in Article I, section 16 of the state Constitution or as defined in statute"
On page 3, after line 2, insert the following:
"(4) Whenever implementation by the state or any of its political subdivisions of a policy or practice directly or indirectly regulating the use of land operates to reduce the value of a parcel of real property immediately prior to such implementation, the parcel is deemed to be taken for public use."
POINT OF ORDER
Representative G. Fisher: I would ask the Speaker to make a ruling on the scope and object of the amendment.
In ruling on the point of order raised by Representative G. Fisher to the scope and object of amendment 420 offered by Representative Sheldon, the Speaker finds that:
Senate Bill No. 5638 is a measure specifying criteria to be used in appraisals of real property for taxation purposes.
Amendment 420 would change the circumstances under which the constitution requires compensation for the taking of property.
The Speaker therefore finds that the proposed amendment does change the scope and object of the bill and that the point of order is well taken.
Representative Stevens moved adoption of the following amendment by Representative Stevens:
On page 3, after line 2, insert the following:
"NEW SECTION. Sec. 2. Local governments shall provide prior notice to private property owners, in clear language that is understandable to the average reader, of proposed land use actions by local governments that will affect the existing use of property and operate to reduce the value of the property. The notice shall describe the potential impact on specific property taxes and overall tax revenues of local governments, and the potential impact on the affordability of local housing. The notice shall also include a clear statement of "standing," an explanation of the effect on the property owner of having and of not having standing, what the property owner must do to ensure that he or she has standing, including the procedure for obtaining standing, and the address and deadline for submitting written statements to the local government concerning any proposed land use action.
A person has standing to contest a land use action if the person submits a written statement to a city or county legislative body that concerns the action being considered or taken by the legislative body or expresses a desire or demand for standing with respect to the action.
Land use actions subject to the requirements of this section include, but are not limited to, adoption or amendment of comprehensive land use plans, development regulations, building codes, zoning actions, designations of open space or wetlands, environmental determinations, and any other governmental policies or practices regarding land use that affect the use of property and operate to reduce the value of the property."
Representative G. Fisher: I would ask the Speaker to make a ruling on the scope and object of the amendment.
In ruling on the point of order raised by Representative G. Fisher to the scope and object of amendment 428 offered by Representative Stevens and others, the Speaker finds that:
Senate Bill No. 5638 is "an act relating to taxation of property affected by growth management regulation". It specifies criteria for property appraisals for property tax purposes.
Amendment 428 adds a new section requiring detailed notice from local governments to property owners of any proposed land use action affecting the use of property and changes the circumstances under which persons have standing to legally contest such actions.
The Speaker therefore finds that the proposed amendment does change the scope and object of the bill and that the point of order is well taken.
Representative Forner moved adoption of the following amendment by Representative Forner:
On page 2, after line 22, insert the following:
"The appraisal shall also take into consideration any reduction in property values or highest and best use that are the result of a direct government action. If notified by a real property owner or by a state, county, or city authority of a change in permitted use of a parcel of real property, the county assessor shall review the impact of the change in permitted use on the highest and best use of the real property and shall relist, revalue, reassess, and retax the property accordingly."
Representatives Forner and G. Fisher spoke in favor of adoption of the amendment and it was adopted.
Representative Thomas moved adoption of the following amendment by Representative Thomas:
On page 3, after line 2, insert the following:
"(4) Counties, cities and towns shall be responsible for providing county assessors information concerning governmental policies or practices, including moratoriums, in effect at the time of appraisal that directly affect the value or use of the appraised property."
Representatives Thomas and Rust spoke in favor of adoption of the amendment and it was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Forner spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Senate Bill No. 5638 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Senate Bill No. 5638 as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Leonard and Mielke - 2.
Senate Bill No. 5368, as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5251, by Senators Bauer, Snyder, Sheldon, Moore, Prentice, Sutherland, Jesernig, Rinehart and Winsley
Requiring identification for the nonresident sales tax exemption.
The bill was read the second time.
Representative Wang moved adoption of the following amendment by Representative Wang:
On page 1, line 10, after "Canada" insert "is contiguous to the state of Washington and"
The Speaker called on Representative R. Meyers to preside.
Representative Wang spoke in favor of adoption of the amendment and it was adopted.
On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives G. Fisher and Foreman spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 5251 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Senate Bill No. 5251 as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Leonard and Mielke - 2.
Senate Bill No. 5251, as amended by the House, having received the constitutional majority, was declared passed.
MOTION
With the consent of the House, the House immediately considered Senate Bill No. 5925 on the second reading calendar.
SENATE BILL NO. 5925, by Senator Snyder
Allowing lodging tax for counties with national monuments.
The bill was read the second time. Committee on Revenue recommendation: Majority, do pass as amended (For committee amendment see Journal, 85th Day, April 5,1993.)
Representative G. Fisher moved adoption of the committee amendment:
With the consent of the House, Representative Padden withdrew amendment number 631.
Representative Morris moved adoption of the following amendment to the committee amendment:
On page 1, line 28 of the amendment, after "repair," insert "and"
On page 1, line 29 of the amendment, after "improvement" strike ", and marketing"
On page 1, line 31 of the amendment, after "facilities," strike "and"
On page 1, line 31 of the amendment, after "sales" insert ", and marketing of facilities for tourists visiting the county or the national monument"
On page 2, after line 8 of the amendment, strike all of section 2 and insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 67.28 RCW to read as follows:
The department of revenue shall perform the collection of taxes under section 1 of this act on behalf of the county at no cost to the county."
Representative Morris spoke in favor of adoption of the amendment to the committee amendment and it was adopted.
With the consent of the House, Representative Fuhrman withdrew number 341.
Representative Dyer moved adoption of the following amendment to the committee amendment:
On page 2 of the amendment, line 15, after "chapter" insert "and RCW 67.40.100(3)"
On page 2 of the amendment, after line 17, insert the following:
"Sec. 3. RCW 67.28.190 and 1967 c 236 s 12 are each amended to read as follows:
Any seller, as defined in RCW 82.08.010, who is required to collect any tax under RCW 67.28.180 or 67.40.100(3) for any municipality shall pay over such tax to such municipality as provided in RCW 67.28.200 and such tax shall be deducted from the amount of tax such seller would otherwise be required to collect and to pay over to the department of revenue under chapter 82.08 RCW.
Sec. 4 RCW 67.40.100 and 1990 c 242 s 1 are each amended to read as follows:
(1) Except as provided in chapters 67.28 and 82.14 RCW and subsection (2) and (3) of this section, after January 1, 1983, no city, town, or county in which the tax under RCW 67.40.090 is imposed may impose a license fee or tax on the act or privilege of engaging in business to furnish lodging by a hotel, rooming house, tourist court, motel, trailer camp, or similar facilities in excess of the rate imposed upon other persons engaged in the business of making sales at retail as that term is defined in chapter 82.04 RCW.
(2) A city incorporated before January 1, 1982, with a population over sixty thousand located in a county with a population over one million, other than the city of Seattle, may impose a special excise tax under the following conditions:
(a) The proceeds of the tax must be used for the acquisition, design, construction, and marketing of convention and trade facilities and may be used for and pledged to the payment of bonds, leases, or other obligations issued or incurred for such purposes. The proceeds of the tax may be used for maintenance and operation only as part of a budget which includes the use of the tax for debt service and marketing.
(b) The legislative body of the city, before imposing the tax, must authorize a complete study and investigation of the desirability and economic feasibility of the proposed convention and trade facilities.
(c) The rate of the tax shall not exceed three percent.
(d) The tax shall be imposed on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, or trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, except that no such tax may be levied on any premises having fewer than sixty lodging units.
(3) A city or town with a population of less than two thousand that is located in a county with a population of over one million may impose a special excise tax of up to two percent on the sale of or charge for the furnishing of lodging by a hotel or motel and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, except that no such tax shall be levied on a premises having fewer than forty lodging units. The proceeds of this tax may only be used to mitigate the impacts of tourism.
Representative Dyer spoke in favor of adoption of the amendment to the committee amendment and Representative G. Fisher spoke against it.
Representative Dyer again spoke in favor of the amendment. The amendment was not adopted.
Representative Morris moved adoption of the following amendment to the committee amendment:
On page 2 of the amendment, after line 17, insert:
"Sec. 3. RCW 36.100.010 and 1989 1st ex.s. c 8 § 1 are each amended to read as follows:
(1) A public facilities district may be created in any county with three hundred thousand or more population that is located more than one hundred miles from any county in which the state has constructed and owns a convention center, or any county with a population less than seventy-five thousand but greater than twenty thousand in which is located all or part of a national monument. A public facilities district shall be coextensive with the boundaries of the county.
(2) A public facilities district shall be created upon adoption of a resolution providing for the creation of such a district by the county legislative authority in which the proposed district is located and the city council of the largest city within such county.
(3) A public facilities district is a municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.
(4) No taxes authorized under this chapter may be assessed or levied unless a majority of the voters of the public facilities district has validated the creation of the public facilities district at a general or special election.
(5) A public facilities district shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued."
Representatives Morris, Chappell and Brumsickle spoke in favor of adoption of the amendment and Representatives Wang and G. Fisher spoke against it. The amendment was adopted.
Representative Orr moved adoption of the following amendment to the committee amendment:
On page 2, after line 17 of the amendment, insert the following:
"Sec. 3. RCW 36.100.030 and 1989 1st ex.s. c 8 s 3 are each amended to read as follows:
A public facilities district is authorized to acquire, construct, own, and operate sports and entertainment facilities with contiguous parking facilities and, upon the approval of the voters of the public facilities district, a regional science education facility may be located in any city or county within a public facilities district which has a population of more than one hundred fifty thousand. A public facilities district may impose charges and fees for the use of its facilities, and may accept and expend or use gifts, grants, and donations. The taxes that are provided for in this chapter may only be imposed for such purposes.
Sec. 4. RCW 36.100.040 and 1989 1st ex.s. c 8 s 4 are each amended to read as follows:
A public facilities district may impose an excise tax on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, or trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, except that no such tax may be levied on any premises having fewer than forty lodging units. The rate of the tax shall not exceed two percent and the proceeds of the tax shall only be used for the acquisition, design, and construction of ((sports and entertainment facilities)) all public facilities authorized under RCW 36.100.030. This excise tax shall not be imposed until the district has approved the proposal to acquire, design, and construct any of the public facilities authorized under RCW 36.100.030.
Sec. 5. RCW 36.100.060 and 1989 1st ex.s. c 8 s 5 are each amended to read as follows:
(1) To carry out the purpose of this chapter, a public facilities district may issue general obligation bonds, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal to ((three-eighths)) three-fourths of one percent of the value of taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015. A public facilities district additionally may issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to one and one-fourth percent of the value of the taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015, when authorized by the voters of the public facilities district pursuant to Article VIII, section 6 of the state Constitution, and to provide for the retirement thereof by excess property tax levies as provided in this chapter.
(2) General obligation bonds may be issued with a maturity of up to thirty years, and shall be issued and sold in accordance with the provisions of chapter 39.46 RCW.
(3) The general obligation bonds may be payable from the operating revenues of the public facilities district in addition to the tax receipts of the district.
(4) The excise tax imposed pursuant to RCW 36.100.040 shall terminate upon final payment of all bonded indebtedness for ((the sports and entertainment facility)) all public facilities authorized under RCW 36.100.030."
Representatives Orr, Padden and G. Fisher spoke in favor of adoption of the amendment. The amendment was adopted.
With the consent of the House, Representative Orr withdrew amendment number 588.
The committee amendment as amended was adopted.
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 called on Representative R. Meyers to preside.
Representatives G. Fisher and Foreman spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 5925 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Senate Bill No. 5925 as amended by the House and the bill passed the House by the following vote: Yeas - 83, Nays - 13, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Holm, Horn, Jacobsen, Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Thomas, Valle, Vance, Veloria, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 83.
Voting nay: Representatives Casada, Dyer, Finkbeiner, Fuhrman, Heavey, Johanson, Johnson, L., Peery, Rust, Tate, Thibaudeau, Van Luven and Wang - 13.
Excused: Representatives Leonard and Mielke - 2.
Senate Bill No. 5925, as amended by the House, having received the constitutional majority, was declared passed.
With the consent of the House, the House considered Engrossed Senate Bill No. 5342 on the second reading calendar.
ENGROSSED SENATE BILL NO. 5342, by Senators Vognild and Skratek; by request of Department of Transportation
Repealing the tax credit and exemption for alcohol used as fuel.
The bill was read the second time. Committee on Transportation recommendation: Majority, do pass as amended. (For committee amendment see Journal, 95th Day, April 15, 1993.)
Representative R. Fisher moved adoption of the committee amendment and spoke in favor of it. The amendment was adopted.
On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives R. Fisher and Schmidt spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 5342 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Senate Bill No. 5342 as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Leonard and Mielke - 2.
Engrossed Senate Bill No. 5342, as amended by the House, having received the constitutional majority, was declared passed.
With the consent of the House, the House considered Substitute Senate Bill No. 5963.
SUBSTITUTE SENATE BILL NO. 5963, by Senate Committee on Transportation (originally sponsored by Senators Vognild, Loveland, Newhouse and Nelson; by request of Department of Transportation)
Providing for priority programming of multimodal solutions to address state highway deficiencies.
The bill was read the second time. Committee on Transportation recommendation: Majority, do pass as amended. (For committee amendment see Journal, 64th Day, April 15,1993.)
Representative R. Fisher moved adoption of the committee amendment and spoke in favor of it. The amendment was adopted.
On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives R. Fisher and Schmidt spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5963 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Substitute Senate Bill No. 5963 as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Leonard and Mielke - 2.
Substitute Senate Bill No. 5963, as amended by the House, having received the constitutional majority, was declared passed.
MOTION
On motion of Representative Peery, the House reverted to the fourth order of business.
INTRODUCTIONS AND FIRST READING
SB 5343 by Senators Vognild, Nelson, Skratek and von Reichbauer; by request of Department of Transportation
Authorizing state highway bonds.
SB 5371 by Senators Vognild and Talmadge
Authorizing highway bonds.
MOTION
On motion of Representative Peery, the rules were suspended and the bills listed on today's introduction sheet under the fourth order of business were advanced to the second reading calendar.
SENATE BILL NO. 5343, by Senators Vognild, Nelson, Skratek and von Reichbauer; by request of Department of Transportation
Authorizing state highway bonds.
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 R. Fisher and Forner spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 5343.
ROLL CALL
The Clerk called the roll on final passage of Senate Bill No. 5343 and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, 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 - 94.
Voting nay: Representatives Fuhrman and Meyers, R. - 2.
Excused: Representatives Leonard and Mielke - 2.
Senate Bill No. 5343, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5371, by Senators Vognild and Talmadge
Authorizing highway bonds.
The bill was read the second time.
On motion of Representative Appelwick, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives R. Fisher and Schmidt spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 5371.
ROLL CALL
The Clerk called the roll on final passage of Senate Bill No. 5371 and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, 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 - 95.
Voting nay: Representative Meyers, R. - 1.
Excused: Representatives Leonard and Mielke - 2.
Senate Bill No. 5371, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved the House resumed consideration of Senate Bill No. 5474 on the second reading calendar. The motion was carried.
SENATE BILL NO. 5474, by Senators A. Smith, Pelz, Niemi, Spanel, Drew, Prince, Roach and Franklin; by request of Human Rights Commission
Revising laws relating to discrimination.
With the consent of the House, Representative Springer withdrew amendment numbers 627 and 628.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Springer, Appelwick and Padden spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 5474 as amended by the House.
ROLL CALL
The Clerk called the roll on final passage of Senate Bill No. 5474 as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Leonard and Mielke - 2.
Senate Bill No. 5474, as amended by the House, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved the House immediately consider Substitute Senate Bill No. 5837 on the second reading calendar. The motion was carried.
SUBSTITUTE SENATE BILL NO. 5837, by Senate Committee on Government Operations (originally sponsored by Senators Quigley, Moore, Pelz, A. Smith, Prentice, Bauer, Hargrove, Sheldon, Erwin, Niemi, Jesernig and Talmadge)
Financing state and local government.
The bill was read the second time. Committee on Capital Budget recommendation: Majority, do pass as amended. Committee on Local Government recommendation: Majority, do pass as amended by Committee on Capital Budget. (For committee amendment see Journal 85th Day, April 5,1993.)
Representative H. Myers moved adoption of the committee amendment by Committee on Local Government.
Representative Wang moved adoption of the committee amendment by Committee on Capital Budget to the committee amendment by Committee on Local Government. The amendment to the committee amendment was adopted.
Representative Ogden moved adoption of the amendment to the committee amendment:
On page 6, after line 11 of the amendment, insert the following:
"Sec. 8. RCW 82.46.010 and 1992 c 221 s 1 are each amended to read as follows:
(1) The legislative authority of any county or city shall identify in the adopted budget the capital projects funded in whole or in part from the proceeds of the tax authorized in this section, and shall indicate that such tax is intended to be in addition to other funds that may be reasonably available for such capital projects.
(2) The legislative authority of any county or any city may impose an excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-quarter of one percent of the selling price. The revenues from this tax shall be used by the respective jurisdictions for ((local)) capital improvements, including those listed in RCW 35.43.040.
After April 30, 1992, revenues generated from the tax imposed under this subsection in counties over five thousand population and cities over five thousand population that are required or choose to plan under RCW 36.70A.040 shall be used solely for financing capital projects specified in a capital facilities plan element of a comprehensive plan, housing projects consistent with policies specified in a housing element of a comprehensive plan, and housing relocation assistance under RCW 59.18.440 and 59.18.450. Revenues received under this subsection may not be used for public aid or services to persons in need, other than housing relocation assistance under RCW 59.18.440 and 59.18.450. However, revenues (a) pledged by such counties and cities to debt retirement prior to April 30, 1992, may continue to be used for that purpose until the original debt for which the revenues were pledged is retired, or (b) committed prior to April 30, 1992, by such counties or cities to a project may continue to be used for that purpose until the project is completed.
(3) In lieu of imposing the tax authorized in RCW 82.14.030(2), the legislative authority of any county or any city may impose an additional excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-half of one percent of the selling price.
(4) Taxes imposed under this section shall be collected from persons who are taxable by the state under chapter 82.45 RCW upon the occurrence of any taxable event within the unincorporated areas of the county or within the corporate limits of the city, as the case may be.
(5) Taxes imposed under this section shall comply with all applicable rules, regulations, laws, and court decisions regarding real estate excise taxes as imposed by the state under chapter 82.45 RCW.
(6) As used in this section, "city" means any city or town ((and)); "capital project" means those public works projects of a local government for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, or improvement of streets; roads; highways; sidewalks; street and road lighting systems; traffic signals; bridges; domestic water systems; storm and sanitary sewer systems; parks; recreational facilities; law enforcement facilities; fire protection facilities; trails; libraries; administrative and/or judicial facilities; river and/or waterway flood control projects by those jurisdictions that, prior to June 11, 1992, have expended funds derived from the tax authorized by this section for such purposes; and, ((until December 31, 1995,)) "housing projects" ((for those jurisdictions that, prior to June 11, 1992, have expended or committed to expend funds derived from the tax authorized by this section or the tax authorized by RCW 82.46.035 for such purposes)) means the construction, reconstruction, acquisition, or rehabilitation of publicly owned housing or nonprofit housing to serve low-income persons."
Representative Zellinsky: I would ask the Speaker for a ruling on the scope and object of the amendment.
With the consent of the House, further consideration of Substitute Senate Bill No. 5837 was deferred and the bill held its place on the second reading calendar.
The Speaker assumed the chair.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Peery, the House adjourned until 1:00 p.m., Sunday April 18, 1993.
BRIAN EBERSOLE, Speaker
ALAN THOMPSON, Chief Clerk