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THIRTY-SIXTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Monday, February 14, 1994
The House was called to order at 9:30 a.m. by the Speaker. The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Luke Bauman and Benjamin Peterson. Prayer was offered by Representative Talcott.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGE FROM THE SENATE
February 12, 1994
Mr. Speaker:
The Senate has passed:
ENGROSSED SENATE BILL NO. 6242,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6339,
and the same are herewith transmitted.
Marty Brown, Secretary
There being no objection, the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HCR 4431 by Representatives Peery and Ballard
Amending joint rules.
Held over from February 11, 1994.
Changing provisions regarding judgements.
Referred to Committee on Judiciary
SSB 6006 by Committee on Ways & Means (originally sponsored by Senators A. Smith and Nelson; by request of Administrator for the Courts.)
Concerning the judicial information system.
Referred to Committee on Revenue.
SSB 6007 by Committee on Law & Justice (originally sponsored by Senators A. Smith and Nelson)
Revising provisions relating to crimes.
Referred to Committee on Corrections.
SSB 6018 by Committee on Government Operations (originally sponsored by Senators Winsley and Haugen)
Expanding the uses of the excise tax on the sale of real property.
Referred to Committee on Local government.
SB 6023 by Senators Winsley and Haugen
Transferring emergency management functions from the department of community development to the military department.
Referred to Committee on State government.
SB 6041 by Senators Ludwig, A. Smith, Winsley, Oke, Nelson and McAuliffe
Prescribing penalties for criminal street gang activities.
Referred to Committee on Corrections.
SSB 6051 by Senate Committee on Law & Justice (originally sponsored by Senators Quigley, Ludwig and A. Smith)
Providing for speed measuring device expert testimony.
Referred to Committee on Judiciary.
ESSB 6068 by Committee on Ecology & Parks (originally sponsored by Senators Fraser, Deccio, Spanel and Oke)
Revising procedures for appeals involving boards within the environmental hearings office.
Referred to Committee on Environmental affairs.
ESSB 6071 by Senate Committee on Ways & Means (originally sponsored by Senators Snyder and Hargrove)
Authorizing an additional six-year industrial development levy.
Referred to Committee on Local Government.
Changing the Washington award for excellence.
Referred to Committee on Education.
SSB 6081 by Senate Committee on Ecology & Parks (originally sponsored by Senators Haugen, Deccio, Bauer and Winsley)
Regulating the use, sale, and distribution of on-site sewage additives.
Referred to Committee on Environmental Affairs.
SSB 6086 by Senate Committee on Government Operations (originally sponsored by Senators West, Haugen, Deccio, Prince, Morton and Moyer)
Changing provisions regarding public facilities districts.
Referred to Committee on Local Government.
SSB 6087 by Committee on Health & Human Services (originally sponsored by Senators Prentice, Winsley, Moyer, Talmadge and Pelz)
Concerning the health and safety of farmworkers' housing.
Referred to Committee on Trade, economic development & housing.
SSB 6093 by Committee on Law & Justice (originally sponsored by Senators A. Smith and Nelson)
Revising the definition of "collection agency."
Referred to Committee on Commerce & labor.
SSB 6103 by Committee on Ecology & Parks (originally sponsored by Senators Snyder, McCaslin, Loveland, Vognild, Hargrove, Owen, M. Rasmussen, Roach and Oke)
Providing for burning permits for fire fighting instruction.
Referred to Committee on Local government.
ESSB 6110 by Senate Committee on Law & Justice (originally sponsored by Senators Spanel, A. Smith, Hargrove and Winsley)
Providing a family health history for children upon the dissolution of a marriage.
Referred to Committee on Judiciary.
ESSB 6111 by Senate Committee on Government Operations (originally sponsored by Senators Drew, McCaslin, Gaspard, Sellar, Haugen, Snyder, Fraser, Franklin, Sheldon, Bauer, Owen, Spanel, Pelz, M. Rasmussen, Winsley, Oke and Skratek; by request of Commission on Ethics in Government & Campaign Financing, Governor Lowry and Attorney General)
Changing ethics provisions for state officers and state employees.
Referred to Committee on State Government.
ESSB 6124 by Committee on Labor & Commerce (originally sponsored by Senators Prentice, Newhouse, Fraser, Haugen, Winsley, Franklin and Oke)
Protecting homeowners' equity.
Referred to Committee on Commerce & labor.
ESSB 6125 by Committee on Natural Resources (originally sponsored by Senators Owen, Haugen, Sellar, Spanel, Winsley; by request of Department of Fisheries and Department of Wildlife)
Revising fees and procedures for recreational fish and hunting licenses.
Referred to Committee on Fisheries & wildlife.
2SSB 6136 by Senate Committee on Ways & Means (originally sponsored by Senators McAuliffe, Drew, Quigley, Bluechel, Vognild, McDonald and Cantu)
Creating a thirtieth community and technical college district.
Referred to Committee on Higher education.
SSB 6143 by Committee on Ways & Means (originally sponsored by Senators Spanel, Newhouse, Bauer, Nelson, Vognild, Winsley, Moore and Haugen)
Establishing membership service credit.
Referred to Committee on Appropriations.
E2SSB 6157 by Committee on Ways & Means (originally sponsored by Senators Talmadge, Winsley, Wojahn, McAuliffe and Fraser)
Addressing hunger in the state of Washington.
Referred to Committee on State government.
SSB 6163 by Committee on Ways & Means (originally sponsored by Senators Sheldon, Bluechel, Skratek, Williams and Oke)
Allowing businesses in this state to continue participating in the small business innovation research program.
Referred to Committee on Trade, economic development & housing.
SB 6203 by Senators Snyder, Haugen and Spanel
Changing limits on rural partial-county library districts.
Referred to Committee on Local government.
SB 6205 by Senators Vognild and Prince
Regulating ready-mix mixer trucks.
Referred to Committee on Transportation.
ESSB 6219 by Committee on Trade, Technology & Economic Development (originally sponsored by Senators Skratek, Bluechel, Sheldon, Williams, Erwin, M. Rasmussen and Winsley)
Establishing the Washington manufacturing extension center.
Referred to Committee on Higher education.
ESSB 6228 by Committee on Natural Resources (originally sponsored by Senators Haugen, Anderson, Owen, Hargrove, Sellar, Oke, McAuliffe and M. Rasmussen)
Revising provisions relating to definitions of agricultural and forest land of long-term commercial significance.
Referred to Committee on Natural resources & parks.
SB 6254 by Senators Fraser, Loveland, M. Rasmussen and Winsley
Authorizing counties to file claims against escheat property for funeral or burial expenses of indigent persons.
Referred to Committee on Local government.
SB 6265 by Senators Sutherland, Amondson, Snyder, Pelz, Erwin, Fraser and Winsley
Implementing the cellular communications tax study recommendations regarding 911 emergency communication system funding
Referred to Committee on Revenue.
2SSB 6276 by Committee on Ways & Means (originally sponsored by Senators Haugen, Winsley, Nelson and M. Rasmussen; by request of Secretary of State)
Regulating trademarks.
Referred to Committee on Commerce & labor.
SSB 6283 by Committee on Government Operations (originally sponsored by Senators Haugen, Winsley, Spanel, Quigley, Drew, Erwin, Fraser and Ludwig)
Disclosing real property information.
Referred to Committee on Local government.
SSB 6315 by Committee on Labor & Commerce (originally sponsored by Senators Moore, Amondson, Ludwig, A. Smith and Winsley; by request of Department of Labor & Industries)
Clarifying statutes to reflect the organizational structure of the department of labor and industries.
Referred to Committee on Commerce & labor.
SB 6345 by Senators Skratek, Sellar, Haugen, Franklin, Bluechel, Deccio, Winsley, Moyer, Sheldon, Moore, Drew, Spanel, McAuliffe, McDonald, A. Smith, Oke and Snyder; by request of Governor Lowry
Expediting the merger of the departments of community development and trade and economic development.
Referred to Committee on State government.
SB 6346 by Senators Owen, Oke, Spanel, Drew, Sheldon, Deccio, Winsley, Skratek, Moore, Haugen, Hargrove, Franklin, McAuliffe, A. Smith, Sellar, McDonald, Moyer and Snyder; by request of Governor Lowry
Expediting the merger of the departments of fisheries and Wildlife.
Referred to Committee on State government.
Providing an exception to the requirement that cigarette machines be located fully within premises from which minors are prohibited.
Referred to Committee on Health care.
ESSB 6357 by Senate Committee on Government Operations (originally sponsored by Senator Quigley)
Creating the liquor control agency.
Referred to Committee on State government.
SB 6408 by Senators Spanel, Owen, Prentice, Sheldon, Fraser and Hargrove
Including tribal authorities in mental health systems.
Referred to Committee on Human services.
SSB 6421 by Committee on Health & Human Services (originally sponsored by Senators Moyer, Wojahn, Winsley, Pelz, Haugen,Loveland, Hochstatter, M. Rasmussen, Morton, Prentice, Prince, Sheldon, Quigley, Deccio, L. Smith, Bluechel, Sellar and Oke)
Requiring standards for long-term care insurance.
Referred to Committee on Financial institutions & insurance.
SSB 6447 by Senate Committee on Education (originally sponsored by Senator Prince)
Adopting a formula for transmitting funds for transfer students.
Referred to Committee on Education.
SSB 6481 by Committee on Higher Education (originally sponsored by Senators Bauer, Prince, West, Morton, Drew, Rinehart, A. Smith and Sheldon)
Requiring approval by an institution of higher education's governing board and services and activities fees committee before shifting budgeted services and activities fees.
Referred to Committee on Higher education
SB 6491 by Senators Vognild and Nelson
Clarifying authority of regional transit authorities.
Referred to Committee on Transportation.
SSB 6492 by Committee on Agriculture (originally sponsored by Senators M. Rasmussen and Newhouse)
Regulating agricultural associations.
Referred to Committee on Agriculture & rural development.
SB 6516 by Senators West, Talmadge, Moyer, Snyder and Anderson
Creating the Warren Featherstone Reid award for excellence in health care.
Referred to Committee on Health care.
SSB 6558 by Committee on Ways & Means (originally sponsored by Senator Gaspard; by request of Department of Revenue)
Modifying the excise taxation of sales of airplanes to the United States government.
Referred to Committee on Revenue.
SB 6573 by Senators Bauer and Bluechel
Directing a study to examine the effect of the tax system on manufacturers.
Referred to Committee on Revenue.
SB 6582 by Senators M. Rasmussen, Newhouse, Loveland and Moore
Applying grades and standards only to apples packed in Washington state.
Referred to Committee on Agriculture & rural development.
SSB 6593 by Senate Committee on Education (originally sponsored by Senators Pelz, M. Rasmussen, Skratek and McAuliffe)
Creating the learning and life skills grant program.
Referred to Committee on Education.
SJM 8029 by Senators Morton, A. Smith, Hochstatter, Prince, McDonald, Oke, Bluechel, L. Smith, Sellar, McCaslin, Moyer, Winsley, Deccio, West and Roach
Petitioning Congress to allow states to require a notice requirement before imposing a federal lien on real property.
Referred to Committee on Judiciary.
SJM 8030 by Senators Oke, Owen, Hochstatter, Hargrove, Roach, Erwin, L. Smith, Spanel, Haugen and Snyder
Requesting a modification of the Marine Mammal Protection Act.
Referred to Committee on Fisheries & wildlife.
On motion of Representative Peery, the bills, memorials and resolution listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.
There being no objection, the House advanced to the seventh order of business.
THIRD READING
MOTION
Representative Peery moved that the House immediately consider the following bills in the following order: Engrossed Substitute House Bill No. 1724 and House Concurrent Resolution No. 4412 on the second reading calendar. The motion was carried.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1724, by House Committee on Education (originally sponsored by Representatives Kremen, Morris, Quall, Chandler, Rayburn, Springer, Edmondson, Mastin, Kessler, Finkbeiner, Grant, Dorn, Basich, Zellinsky, Ludwig, Campbell, Lemmon, Brough, Tate, Casada, Wood, Foreman, Holm, Roland, Fuhrman, Stevens, Sheahan, Schoesler, Long and Lisk)
Requiring the superintendent of public instruction to publicize and make available a listing of instructional materials on sexual abstinence.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1724.
Representatives Kremen, Stevens and Karahalios spoke in favor of passage of the bill.
MOTION
On motion of Representative J. Kohl, Representatives Thibaudeau, Cothern, Riley, Finkbeiner, G. Fisher, Johanson and Dunshee were excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1724, and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.
Voting yea: Representatives Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.
Excused: Representatives Anderson, Cothern, Finkbeiner, Fisher, G., Riley and Thibaudeau - 6.
Engrossed Substitute House Bill No. 1724, having received the constitutional majority, was declared passed.
There being no objection, the House reverted to the sixth order of business.
With consent of the House, the House began consideration of House Bill No. 2815 on the second reading calendar.
SECOND READING
HOUSE BILL NO. 2815, by Representatives Anderson, Veloria, Caver, Wolfe, Romero, Reams, Bray, Ballard, Pruitt, Jones and Quall; by request of Department of General Administration
Reforming state procurement practices.
The bill was read the second time.
On motion of Representative Veloria, Substitute House Bill No. 2815 was substituted for House Bill No. 2815, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2815 was read the second time.
Representative Brumsickle moved adoption of the following amendment by Representative Brumsickle:
On page 2, line 1, strike "one hundred" and insert "fifteen"
On page 2, line 6, strike "one hundred" and insert "fifteen"
On page 2, line 10, strike "one hundred" and insert "fifteen"
On page 2, line 16, strike "one hundred" and insert "fifteen"
On page 2, line 25, strike "one hundred" and insert "fifteen"
AND
On page 3, line 23, strike "((fifteen)) one hundred" and insert "fifteen"
On page 3, line 24, strike "((fifteen)) one hundred" and insert "fifteen"
On page 3, line 28, strike "one hundred" and insert "fifteen"
On page 3, line 33, strike "((fifteen)) one hundred" and insert "fifteen"
Representatives Brumsickle, Casada, Conway and Heavey spoke in favor of the adoption of the amendment. The 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.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2815.
Representatives Anderson and Reams spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2815, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 1, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Absent: Representative Springer - 1.
Excused: Representatives Cothern, Riley and Thibaudeau - 3.
Engrossed Substitute House Bill No. 2815, having received the constitutional majority, was declared passed.
With consent of the House, the House began consideration of House Bill No. 2147 on the second reading calendar.
HOUSE BILL NO. 2147, by Representatives Carlson, Talcott, Wood, Chandler, Forner, Van Luven, Sehlin, Schoesler, B. Thomas and Cooke
Exempting institutions of higher education from certain expenditure requirements.
House Bill No. 2147 was read the second time.
With consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of House Bill No. 2147.
Representatives Carlson, Jacobsen and Long spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2147, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, 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, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Cothern and Thibaudeau - 2.
House Bill No. 2147, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
With consent of the House, the House began consideration of House Bill No. 2433 on the second reading calendar.
HOUSE BILL NO. 2433, by Representatives Peery, Ballard, G. Fisher, Foreman, Linville, Pruitt, Wineberry, Silver, Van Luven, L. Johnson, Cooke, Dunshee, Horn, Appelwick, Thibaudeau, Forner, Wang, H. Myers, Romero, Fuhrman, Wood, Valle, Brumsickle, Mastin, Finkbeiner, Ballasiotes, Chandler, Brough, Morris, Lemmon, Ogden, Springer, Quall, Wolfe, McMorris, Moak, Dorn, Sheahan, Carlson, R. Fisher, Karahalios, Johanson, Campbell, Edmondson, Cothern, Kessler, Basich, J. Kohl, Conway, Jones, Shin, Sheldon, King, Orr, Patterson, Eide, Dellwo, Rayburn, Roland and Anderson
Providing open government through unedited televised coverage of state government proceedings.
The bill was read the second time.
On motion of Representative G. Fisher, Substitute House Bill No. 2433 was substituted for House Bill No. 2433, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2433 was read the second time.
Representative Fuhrman moved adoption of the following amendment by Representative Fuhrman:
On page 1, line 8, strike "equal to" and insert "based on"
On page 1, after line 10, insert:
"(a) For contributions made during calendar year 1994, the credit shall equal one hundred percent of the contribution.
(b) For contributions made during calendar year 1995, the credit shall equal ninety percent of the contribution.
(c) For contributions made during calendar year 1996, the credit shall equal eighty percent of the contribution.
(d) For contributions made during calendar year 1997, the credit shall equal seventy percent of the contribution.
(e) For contributions made during calendar year 1998, the credit shall equal sixty percent of the contribution.
(f) For contributions made during calendar years 1999 and 2000, the credit shall equal fifty percent of the contribution."
Representatives Fuhrman, Padden, Dyer, Forner and Rust spoke in favor of the adoption of the amendment and Representatives G. Fisher and Peery spoke against it.
Representative Fuhrman again spoke in favor of the amendment and Representative G. Fisher again spoke against it.
Representative Reams demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the amendment on page 1, after line 8 to Substitute House Bill No. 2433, and the amendment was lost by the following vote: Yeas - 46, Nays - 49, Absent - 1, Excused - 2.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Cooke, Dorn, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Johanson, Kremen, Lisk, Long, Mastin, McMorris, Mielke, Padden, Rayburn, Reams, Rust, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven, Wood and Zellinsky - 46.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Conway, Dellwo, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Roland, Romero, Scott, Sheldon, Shin, Sommers, Springer, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 49.
Absent: Representative Riley - 1.
Excused: Representatives Cothern and Thibaudeau - 2.
On motion of Representative Peery, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2433.
Representatives Peery, Ballard, Wang, Foreman and Horn spoke in favor of passage of the bill and Representatives Fuhrman and Rust spoke against it.
The Speaker called upon Representative R. Meyers to preside.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2433, and the bill passed the House by the following vote: Yeas - 90, Nays - 6, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Conway, Cooke, 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, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 90.
Voting nay: Representatives Chappell, Cole, G., Fuhrman, Lisk, Padden and Rust - 6.
Excused: Representatives Cothern and Thibaudeau - 2.
Substitute House Bill No. 2433, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the eighth order of business.
RESOLUTION
HOUSE RESOLUTION NO. 94-4696, by Representatives Jacobsen, Finkbeiner, Mastin, Basich, Quall, Sheahan, Carlson, Ogden, Foreman, Conway and Brumsickle
WHEREAS, The House of Representatives find and declare that the academic studies students undertake in school are the fundamental reason for the commitment of our government and people to education; and
WHEREAS, Knowledge of history is of basic importance to an informed citizenry within a nation whose societal, political, and judicial processes operate with constant reference to the past; and
WHEREAS, Innovative and successful programs to interest students in history should be recognized and encouraged; and
WHEREAS, Students from the State of Washington participate each year in just such an innovative program, the annual National History Day competition; and
WHEREAS, Washington State students, guided by dedicated and enthusiastic teachers and aided by their parents or guardians, consistently have attained the highest ranks in the National History Day competition; and
WHEREAS, In 1993, a number of students won first and second places at the Washington State contest and went on to represent our state at the contest in Washington, D.C.:
Lee Witscher, Arlington Post Middle School;
Samar Al-Bulushi, Emily Brand, Hoku Gearheard, Caitlin Gerdts, Tracy Nishimura, Michael O'Connor, Kate Pettit, Erik Sperling, and Windy Wilkins, Commodore Middle School, Bainbridge Island;
Aaron Duke, Peter Forshall, Scott Furlan, Rick Hill, and Joshua Wessel, Olympic High School, Bremerton;
Karlyn Bott, Aysha Cromeenes, Marcella Dokson, Jennifer Moehl, Lindsey Peterson, Jeri Regan, Ginger Stratton, Geoffrey Tamman, Michelle Taylor, Jody Tiffany, Scott Whipple, and Robb Williamson, Burlington Schools;
Carly Althauser, Cassie Althauser, Brenda Belmont, Jama Braden, and Katrina Smith, Centralia Middle School;
Jon Crimmins, Keith Dunnagan, Susan Mathis, Owen Stanwood, and Cody West, Coupeville High School;
Althea Cawley-Murphree, Ellensburg Home School;
Jennifer Drury and Jenny Laukala, Enumclaw High School;
Jeff Whiting, Desert Hills Middle School, Kennewick;
Franky Huff, Timm Nelson, Brandon Stevens, Steve Van Selus, Centennial Elementary School, Mt. Vernon;
Elizabeth Rivard and Karen Scorup, Othello High School;
Leann White and Kyrsten Stoops, Lewis and Clark Elementary School, Richland;
Jennifer Kiest, Shorecrest High School, Seattle;
Carrie Terpstra, Shorewood High School, Seattle;
Nathanael O'Hara, Sequim High School;
Erin Wagner, Snohomish High School; and
Amy Johnson and Jessica Hunn, Spanaway Lake High School.
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives do hereby recognize the achievements of these students and their teachers and parents, and extend congratulations and appreciation on behalf of the citizens of the State of Washington; and
BE IT FURTHER RESOLVED, That the Chief Clerk of the House of Representatives transmit copies of this resolution to the students and administrations of the schools whose names are provided above.
Representative Jacobsen moved adoption of the resolution. Representative Jacobsen spoke in favor of adoption of the resolution.
House Resolution No. 4696 was adopted.
The Speaker (Representative R. Meyers presiding) declared the House to be in recess until 1:15 p.m.
AFTERNOON SESSION
The Speaker (Representative Holm presiding) called the House to order at 1:15 p.m.
Representative Wang assumed the chair.
The Clerk called the roll and a quorum was present.
MESSAGE FROM THE SENATE
February 14, 1994
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5061,
SUBSTITUTE SENATE BILL NO. 6046,
SUBSTITUTE SENATE BILL NO. 6047,
SUBSTITUTE SENATE BILL NO. 6561,
SUBSTITUTE SENATE BILL NO. 6600,
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Peery moved that the House immediately consider the following bills in the following order: House Bill No. 1975, House Bill No. 2150, House Bill No. 2160 and House Bill No. 2224 on the second reading calendar. The motion was carried.
HOUSE BILL NO. 1975, by Representatives Dunshee and Locke; by request of Department of Social and Health Services
Modifying provisions relating to nursing home reimbursement overpayments.
House Bill No. 1975 was read the second time.
On motion of Representative Sheldon, the rules were suspended, second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Wang presiding) stated the question before the House to be final passage of House Bill No. 1975.
Representatives Dunshee spoke in favor of passage of the bill and Representatives Silver and Dyer spoke against it.
MOTIONS
On motion of Representative Wood, Representatives Carlson, Casada and Schmidt were excused.
On motion of Representative J. Kohl, Representatives Caver, L. Johnson, Wineberry, Cothern, Thibaudeau, Lemmon, Johanson and Riley were excused.
MOTION
On motion of Representative Peery, House Bill No. 1975 was deferred and the bill hold its place on the second reading calendar.
HOUSE BILL NO. 2150, by Representatives Campbell, Ballasiotes, Chappell, Mastin, Tate, Chandler, Roland, Brough and Lisk
Closing firearm training and practice facilities.
House Bill No. 2150 was read the second time.
With consent of the House, the rules were suspended, second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Wang presiding) stated the question before the House to be final passage of House Bill No. 2150.
Representatives Campbell and Padden spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2150, and the bill passed the House by the following vote: Yeas - 88, Nays - 1, Absent - 1, Excused - 8.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, 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, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood and Zellinsky - 88.
Voting nay: Representative Pruitt - 1.
Absent: Representative Mr. Speaker - 1.
Excused: Representatives Carlson, Caver, Cothern, Johanson, Lemmon, Riley, Thibaudeau and Wineberry - 8.
House Bill No. 2150, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2160, by Representatives Ogden, Wineberry and H. Myers
Concerning employees of public housing authorities.
House Bill No. 2160 was read the second time.
With consent of the House, the rules were suspended, second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Wang presiding) stated the question before the House to be final passage of House Bill No. 2160.
Representatives Ogden, Campbell and Padden spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2160, and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.
Voting yea: Representatives Anderson, Appelwick, Backlund, 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, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.
Excused: Representatives Caver, Cothern, Johanson, Riley, Thibaudeau and Wineberry - 6.
House Bill No. 2160, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2224, by Representatives R. Fisher, Zellinsky, Forner and Cothern; by request of Department of Licensing
Regulating licensing of motor vehicles and vessels.
The bill was read the second time.
On motion of Representative R. Fisher, Substitute House Bill No. 2224 was substituted for House Bill No. 2224, and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2224 was read the second time.
Representative R. Fisher moved adoption of the following amendment by Representative R. Fisher:
On page 1, after line 8, insert the following:
"Sec. 1. RCW 46.01.230 and 1992 c 216 s 2 are each amended to read as follows:
(1) The department of licensing is authorized to accept checks and money orders for payment of drivers' licenses, certificates of ownership and registration, motor vehicle excise taxes, gross weight fees, and other fees and taxes collected by the department, in accordance with regulations adopted by the director. The director's regulations shall duly provide for the public's convenience consistent with sound business practice and shall encourage the annual renewal of vehicle registrations by mail to the department, authorizing checks and money orders for payment. Such regulations shall contain provisions for cancellation of any registrations, licenses, or permits paid for by checks or money orders which are not duly paid and for the necessary accounting procedures in such cases: PROVIDED, That any bona fide purchaser for value of a vehicle shall not be liable or responsible for any prior uncollected taxes and fees paid, pursuant to this section, by a check which has subsequently been dishonored: AND PROVIDED FURTHER, That no transfer of ownership of a vehicle may be denied to a bona fide purchaser for value of a vehicle if there are outstanding uncollected fees or taxes for which a predecessor paid, pursuant to this section, by check which has subsequently been dishonored nor shall the new owner be required to pay any fee for replacement vehicle license number plates that may be required pursuant to RCW 46.16.270 as now or hereafter amended.
(2) It is a traffic infraction to fail to surrender within ten days to the department or any authorized agent of the department any certificate, license, or permit after being notified ((by certified mail)) that such certificate, license, or permit has been canceled pursuant to this section. Notice of cancellation may be accomplished by sending a notice by first class mail using the last known address in department records for the holder of the certificate, license, or permit, and recording the transmittal on an affidavit of first class mail.
(3) Whenever registrations, licenses, or permits have been paid for by checks that have been dishonored by nonacceptance or nonpayment, a reasonable handling fee may be assessed for each such instrument. Notwithstanding provisions of any other laws, county auditors, agents, and subagents, appointed or approved by the director pursuant to RCW 46.01.140, may collect restitution, and where they have collected restitution may retain the reasonable handling fee. The amount of the reasonable handling fee may be set by rule by the director.
(4) In those counties where the county auditor has been appointed an agent of the director under RCW 46.01.140, the auditor shall continue to process mail-in registration renewals until directed otherwise by legislative authority."
On page 2, after line 24, insert the following:
"Sec. 4. RCW 46.12.160 and 1975 c 25 s 12 are each amended to read as follows:
If the ((director)) department determines at any time that an applicant for certificate of ownership or for a certificate of license registration for a vehicle is not entitled thereto, ((he)) the department may refuse to issue such certificate or to license the vehicle and ((he)) may, for like reason, after notice, and in the exercise of discretion, cancel license registration already acquired or any outstanding certificate of ownership. ((The notice shall be served personally or sent by certified mail return receipt requested.)) Notice of cancellation may be accomplished by sending a notice by first class mail using the last known address in department records for the registered or legal vehicle owner or owners, and recording the transmittal on an affidavit of first class mail. It shall then be unlawful for any person to remove, drive, or operate the vehicle until a proper certificate of ownership or license registration has been issued, and any person removing, driving, or operating such vehicle after the refusal of the ((director)) department to issue certificates or the revocation thereof shall be guilty of a gross misdemeanor."
Representative R. Fisher spoke in favor of the adoption of the amendment and it was adopted.
Representative Hansen moved adoption of the following amendment by Representative Hansen:
On page 2, line 21, strike "ninety" and insert "one hundred thirty-five"
Representative Hansen spoke in favor of the adoption of the amendment and Representative Brough spoke against it.
The Speaker (Representative Wang presiding) divided the House. The results of the division was: 83-YEAS; 12-NAYS. The amendment was adopted.
The bill was ordered engrossed. With consent of the House the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Wang presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2224.
Representatives R. Fisher and Schmidt spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2224, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Riley and Thibaudeau - 3.
Engrossed Substitute House Bill No. 2224, having received the constitutional majority, was declared passed.
The Speaker assumed the chair.
On motion of Representative Peery, House Bill No. 2300 was deferred and the bill hold its place on the second reading calendar.
HOUSE BILL NO. 2302, by Representatives Rayburn, Foreman, Hansen and Bray
Modifying provisions relating to sale or lease of irrigation district real and personal property.
The bill was read the second time. Committee on Agriculture recommendation: Majority, do pass as amended. (For committee amendment see Journal, 19th Day, January 28, 1994.)
Representative Rayburn moved adoption of the committee amendment and spoke in favor of adoption of it. The committee amendment was adopted.
The bill was ordered engrossed. With consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2302.
Representatives Rayburn and Chandler spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2302, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Riley and Thibaudeau - 3.
Engrossed House Bill No. 2302, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2333, by Representatives Eide, Johanson, H. Myers, Heavey, Wineberry, Karahalios, Brough and Kessler
Preventing custodial interference.
House Bill No. 2333 was read the second time.
With consent of the House, the rules were suspended, second reading considered the third, and the bill was placed on final passage.
Representatives Eide and Padden spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2333, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Riley and Thibaudeau - 3.
House Bill No. 2333, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House immediately consider the following bills in the following order: House Bill No. 2198, House Bill No. 2694, House Bill No. 2712 and House Bill No. 2741 on the second reading calendar. The motion was carried.
HOUSE BILL NO. 2198, by Representatives Ballasiotes, Campbell, Horn, Long, Wood, Appelwick, Ballard, Karahalios, Reams, Wineberry, Foreman, Kessler, Cooke, Dyer, Schoesler, Casada, B. Thomas, Carlson, Van Luven, Silver, Schmidt, Brumsickle, Brough, J. Kohl, King, Flemming, Roland, Kremen, Sheldon, Chandler, Eide, Johanson, Lisk, Sehlin and Springer
Forbidding juvenile sex offenders from attending the same school as their victims.
The bill was read the second time.
On motion of Representative Morris, Substitute House Bill No. 2198 was substituted for House Bill No. 2198, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2198 was read the second time.
Representative Ballasiotes moved adoption of the following amendment by Representative Ballasiotes:
On page 3, line 17, after "offender." insert "The parents or legal guardians of the convicted juvenile sex offender shall be responsible for transportation or other costs associated with or required by the sex offender's change in school that otherwise would be paid by a school district.
Representatives Ballasiotes and Morris spoke in favor of the adoption of the amendment and it was adopted.
Representative Ballasiotes moved adoption of the following amendment by Representative Ballasiotes:
On page 3, line 17, after "offender." insert "Upon discharge, parole, or other authorized leave or release of a convicted juvenile sex offender, the secretary shall send written notice of the discharge, parole, or other authorized leave or release and the requirements of this subsection to the common school district board of directors of the district in which the sex offender intends to reside or the district in which the sex offender last attended school, whichever is appropriate."
Representatives Ballasiotes and Morris spoke in favor of the adoption of the amendment and it was adopted.
The bill was ordered engrossed. With consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2198.
Representatives Ballasiotes and Morris spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2198, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Riley and Thibaudeau - 3.
Engrossed Substitute House Bill No. 2198, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2694, by Representatives G. Fisher and Dunshee
Expanding uses for investment earnings.
House Bill No. 2694 was read the second time.
Representative Dyer moved adoption of the following amendment by Representatives Dyer and others:
On page 1, after line 9, insert the following:
"Investment earnings used for legal services fees and related costs may only be used for legal services fees and related costs directly related to litigation derived from real estate investments entered into prior to July 1, 1993."
Representatives Dyer, Long, Reams, Foreman, Padden and Lisk spoke in favor of the adoption of the amendment and Representatives G. Fisher, Heavey, Foreman, Peery and Appelwick spoke against it.
Representative Dyer again spoke in favor of the amendment and Representative Heavey again spoke against it.
Representative Mielke demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the amendment on page 1, after line 9, to House Bill No. 2694 and the amendment failed by the following vote: Yeas - 44, Nays - 48, Absent - 3, Excused - 3.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Cole, G., Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Linville, Lisk, Long, McMorris, Mielke, Padden, Quall, Reams, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Sommers, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wood and Zellinsky - 44.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Caver, Chappell, Conway, Dellwo, Dorn, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Rayburn, Roland, Romero, Springer, Wang, Wineberry, Wolfe and Mr. Speaker - 48.
Absent: Representatives Dunshee, Jacobsen and Shin - 3.
Excused: Representatives Cothern, Riley and Thibaudeau - 3.
With consent of the House, 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. 2694.
Representatives G. Fisher, Long and Orr spoke in favor of passage of the bill and Representatives Dyer, Valle and Reams spoke against it.
Representative Dyer again spoke against passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2694, and the bill passed the House by the following vote: Yeas - 53, Nays - 42, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Bray, Brown, Caver, Chappell, Cole, G., Conway, 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, Leonard, Long, Mastin, Meyers, R., Moak, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Roland, Scott, Sheldon, Shin, Springer, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 53.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Basich, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Linville, Lisk, McMorris, Mielke, Morris, Padden, Reams, Romero, Rust, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Sommers, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Wood and Zellinsky - 42.
Excused: Representatives Cothern, Riley and Thibaudeau - 3.
House Bill No. 2694, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2712, by Representatives Ballasiotes, Campbell, Edmondson, Long, Chappell, Johanson, Padden, Eide, Appelwick, Tate and Brumsickle
Requiring the department of corrections to notify communities and hold public meetings concerning the possible siting of an adult work release facility in that area.
House Bill No. 2712 was read the second time.
Representative Moak moved adoption of the following amendment by Representative Moak:
On page 1, beginning on line 6, strike all of section 1 and insert the following:
"NEW SECTION. Sec. 5. A new section is added to chapter 72.65 RCW to read as follows:
(1) The department and other state agencies that have responsibility for siting the department's facilities shall establish a process for early and continuous public participation in establishing or relocating work release or other community-based facilities. This process shall include public meetings in the local communities affected, opportunities for written and oral comments, and wide dissemination of proposals and alternatives.
(2) The department may establish or relocate a work release or other community-based facility only after holding local public meetings and providing public notification to local communities consistent with this chapter.
(3) When the department has selected three or fewer sites for final consideration for site selection of a work release or other community-based facility, notification shall be given and public hearings shall be held in the final three or fewer local communities where the siting is proposed. Additional notification and a public hearing shall also be conducted in the local community selected as the final proposed site, prior to completion of the siting process. All hearings and notifications shall be consistent with this chapter.
(4) Throughout this process the department shall provide notification to all newspapers of general circulation in the local area and all local radio stations, television stations, and cable networks.
(5) Notice shall also be provided to appropriate school districts, private schools, kindergartens, city and county libraries, and all other local government offices within a one-half mile radius of the proposed facility.
(6) In addition, the department shall also provide notice to the local chamber of commerce, local economic development agencies, and any other local organizations that request such notification from the department.
(7) Notification in writing shall be provided to all residents and/or property owners within a one-half mile radius of the proposed site."
Representatives Moak and Ballasiotes spoke in favor of the adoption of the amendment and it was adopted.
The bill was ordered engrossed. With consent of the House the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2712.
Representatives Ballasiotes and Morris spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2712, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Riley and Thibaudeau - 3.
Engrossed House Bill No. 2712, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2741, by Representatives Linville, Pruitt, King, Rust, Valle, R. Johnson, Roland, Rayburn, R. Meyers, J. Kohl, Kremen, L. Johnson and Karahalios
Coordinating watershed-based natural resource planning.
The bill was read the second time.
On motion of Representative Pruitt, Substitute House Bill No. 2741 was substituted for House Bill No. 2741, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2741 was read the second time.
Representative Linville moved adoption of the following amendment by Representatives Linville and others:
On page 1, strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) In times of decreasing revenues and increasing demands, it is critically important to ensure the efficient use of scarce financial resources by avoiding overlap and duplication of effort among watershed-based planning efforts;
(2) Comprehensive planning for the management of natural resources on a watershed basis is desirable because it has the potential to address multiple concerns in an integrated and efficient manner;
(3) Implementation of watershed-based planning may be complicated by multiple land ownerships, different management missions and objectives, different ways of collecting information, and legal constraints such as federal and state antitrust statutes;
(4) Many different entities, including federal, state, and local governments, tribes, and landowners are already conducting watershed-based planning, research, and monitoring programs;
(5) There exists a compelling need for coordination of these various watershed-based planning efforts and for a consistent process for collecting and sharing information and data among all interested parties; and
(6) There also exists a compelling need to identify regional natural resource goals and objectives as a clear direction for future planning efforts.
NEW SECTION. Sec. 2. (1) State agencies involved in watershed-based natural resource planning efforts shall coordinate their planning and implementation processes. These cooperating state agencies shall include, but not be limited to, the departments of natural resources, agriculture, ecology, fish and wildlife, health, and community, trade, and economic development; the Puget Sound water quality authority; and the office of the governor. These agencies will meet as a group and include at those meetings representatives of federal agencies, local governments, tribes, private landowners, environmental groups, and other interested parties.
(2) The commissioner of public lands shall coordinate discussions of watershed-based natural resource planning among these various parties. The department of natural resources will provide a reasonable level of staff support for the work of the group.
(3) On or before December 15, 1994, the department of natural resources shall prepare a report for the legislature based on the group's discussions and findings. At a minimum this report shall include:
(a) Identification of barriers to coordination and cooperation in watershed-based planning and management of natural resources;
(b) Recommendations on the collection, storage, and maintenance of information in watershed analysis, planning, monitoring, and research programs. These recommendations could lead to the establishment of protocols governing data collection and information exchange;
(c) Identification of actual and potential overlap and duplication of effort in watershed-based natural resource planning efforts;
(d) Identification of gaps of coverage in existing and proposed watershed planning projects; and
(e) Examination of the possible establishment of a central depository and of a process for periodically updating and distributing information on watershed-based natural resource planning efforts.
NEW SECTION. Sec. 3. The governor shall establish a process which yields: (1) the identification of strategies for developing cooperative watershed-based planning efforts, which shall in turn lead to identification of regional, results-oriented goals and objectives for the management of natural resources in the state of Washington; (2) the identification of approaches for coordinating and financing the implementation of watershed-based plans; and (3) recommendations for on-going, program-level coordination of watershed-based natural resource planning and management activities.. In developing this process, the legislature encourages the governor to seek input from all interested parties. By December 15, 1995, the governor shall submit his recommendations to the legislature for possible adoption as state policy."
Representative Linville spoke in favor of the adoption of the amendment and it was adopted.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2741.
Representatives Linville and Stevens spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2741, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Riley and Thibaudeau - 3.
Engrossed Substitute House Bill No. 2741, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House immediately consider the following bills in the following order: House Bill No. 2607, House Bill No. 2228, House Bill No. 2761 on the second reading calendar. The motion was carried.
HOUSE BILL NO. 2607, by Representatives Wang, Ogden and Sehlin
Establishing alternative procurement procedures for state agencies and municipalities.
The bill was read the second time.
On motion of Representative Wang, Substitute House Bill No. 2607 was substituted for House Bill No. 2607, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2607 was read the second time.
Representative Sehlin moved adoption of the following amendment by Representative Sehlin:
On page 4, line 21, after "methodology;" strike "or"
On page 4, line 23, after "construction" insert "; or
(c) The program elements of the project design are simple and do not involve complex functional interrelationships"
On page 4, line 24, after "(3)" insert "The state department of general administration may use the design-build procedure authorized in subsection (2)(c) of this section for one project. (4)"
Representatives Sehlin and Wang spoke in favor of the adoption of the amendment and it was adopted.
Representative Sehlin moved adoption of the following amendment by Representative Sehlin:
On page 5, line 32, after "proposals." insert "The finalist awarded the contract shall provide a performance and payment bond for the contracted amount."
Representative Sehlin spoke in favor of the adoption of the amendment and it was adopted.
Representative Sehlin moved adoption of the following amendment by Representative Sehlin:
On page 7, beginning on line 31, after "and" strike all material through "amount" on line 32 and insert "all subcontractors who are awarded a contract over two hundred thousand dollars shall provide a performance and payment bond for their contract amount. All other subcontractors shall provide a performance and payment bond"
Representative Sehlin spoke in favor of the adoption of the amendment and it was adopted.
Representative Sehlin moved adoption of the following amendment by Representative Sehlin:
On page 9, line 3, strike "five" and insert "ten"
Representative Sehlin spoke in favor of the adoption of the amendment and it was adopted.
The bill was ordered engrossed. With consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2607.
Representatives Wang, Sehlin and Ogden spoke in favor of passage of the bill and Representatives Heavey and Horn spoke against it.
Representative Heavey again spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2607, and the bill passed the House by the following vote: Yeas - 55, Nays - 41, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Carlson, Chappell, Conway, Dellwo, Dorn, Dunshee, Edmondson, Eide, Fisher, R., Flemming, Grant, Holm, Jacobsen, Johnson, L., Johnson, R., Karahalios, King, Kohl, J., Leonard, Linville, Long, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Reams, Romero, Rust, Scott, Sehlin, Sheahan, Silver, Sommers, Springer, Talcott, Thibaudeau, Thomas, L., Veloria, Wang, Wineberry, Wolfe, Wood and Mr. Speaker - 55.
Voting nay: Representatives Backlund, Ballard, Brumsickle, Campbell, Casada, Caver, Chandler, Cole, G., Cooke, Dyer, Finkbeiner, Fisher, G., Foreman, Forner, Fuhrman, Hansen, Heavey, Horn, Johanson, Jones, Kessler, Kremen, Lemmon, Lisk, Mastin, McMorris, Mielke, Padden, Quall, Rayburn, Roland, Schmidt, Schoesler, Sheldon, Shin, Stevens, Tate, Thomas, B., Valle, Van Luven and Zellinsky - 41.
Excused: Representatives Cothern and Riley - 2.
Engrossed Substitute House Bill No. 2607, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker (Representative Appelwick presiding) called the House to order.
HOUSE BILL NO. 2228, by Representatives Heavey, Lisk, Springer, Schmidt, Van Luven and Roland
Clarifying the state's public policy on gambling.
The bill was read the second time.
On motion of Representative Heavey, Second Substitute House Bill No. 2228 was substituted for House Bill No. 2228, and the bill was placed on the second reading calendar.
Second Substitute House Bill No. 2228 was read the second time.
Representative Casada moved adoption of the following amendment by Representative Casada:
On page 5, after line 2, enter the following:
"(5) To ensure that no public moneys are used to pay for public print or broadcast media advertisements for games run by the commission. Public moneys may be used to pay for printed advertisements for games run by the commission if the advertisements are displayed or made available only on the premises of agents licensed to participate in the sale of the games."
Representatives Casada and Pruitt spoke in favor of the adoption of the amendment and Representatives Heavey and L. Thomas spoke against it.
The Speaker (Representative Appelwick presiding) divided the House. The results of the division was: 40-YEAS; 51-NAYS. The amendment was lost.
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 Appelwick presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2228.
Representatives Heavey, Lisk and Schmidt spoke in favor of passage of the bill and Representative Sheldon spoke against it.
Representative Heavey again spoke in favor of passage of the bill.
Representative Heavey yielded to a question by Representative Wang.
Representative Wang: Thank you, Mr. Speaker. When the bill refers to a 24 hour period between events, drawings; what ever, does that mean that the time period has to shift back and forth every day light savings time going into day light savings time back and forth or stay at a fixed time for it, a fixed time during the day.
Representative Heavey: What is a fixed time is the intent of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2228, and the bill passed the House by the following vote: Yeas - 91, Nays - 5, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, 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, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 91.
Voting nay: Representatives Anderson, Brown, Dellwo, King and Sheldon - 5.
Excused: Representatives Cothern and Riley - 2.
Second Substitute House Bill No. 2228, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2761, by Representatives G. Fisher, Patterson, J. Kohl, Brown, Horn, Foreman, Edmondson, Cooke and Long
Modifying nursing home contractor cost provisions.
The bill was read the second time.
On motion of Representative L. Johnson, Substitute House Bill No. 2761 was substituted for House Bill No. 2761, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2761 was read the second time.
On motion of Representative Sommers, Second Substitute House Bill No. 2761 was substituted for Substitute House Bill No. 2761, and the bill was placed on the second reading calendar.
Second Substitute House Bill No. 2761 was read the second time.
With consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2761.
Representatives G. Fisher and Dyer spoke in favor of passage of the bill.
MOTION
On motion of Representative Wood, Representative Lisk was excused.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2761, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Lisk and Riley - 3.
Second Substitute House Bill No. 2761, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House immediately consider the following bills in the following order: House Bill No. 2338, House Bill No. 2416, House Bill No. 2339, House Bill No. 2382, House Bill No. 2390 and House Bill No. 2392 on the second reading calendar. The motion was carried.
HOUSE BILL NO. 2338, by Representatives Bray and Long; by request of Utilities & Transportation Commission
Authorizing late fees and interest for delinquent payment of fees to the Utilities and Transportation Commission.
House Bill No. 2338 was read the second time.
With consent of the House, the rules were suspended, second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of House Bill No. 2338.
Representatives Bray and Casada spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2338, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Lisk and Riley - 3.
House Bill No. 2338, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2416, by Representatives Sommers, Dorn, Dunshee, Silver, Appelwick, Wineberry, Riley, Dyer and J. Kohl; by request of Administrator for the Courts
Concerning the judicial information system.
House Bill No. 2416 was read the second time.
Representative Sommers moved adoption of the following amendment by Representative Sommers:
Beginning on page 1, line 12, after "system" strike everything through "appropriation." on page 2, line 3, and insert "and moneys as specified in section 2 of this act for the purposes of providing judicial information system access to noncourt users and providing an adequate level of automated services to the judiciary. The legislature shall appropriate the funds in the account for the purposes of the judicial information system. ((The account shall be credited with all receipts from the rental, sale, or distribution of supplies, equipment, computer software, products, and services rendered to in-state noncourt users and all out-of-state users and licensees of the judicial information system))"
Representative Sommers spoke in favor of the adoption of the amendment it was adopted.
The bill was ordered engrossed. With consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2416.
Representatives Sommers and Foreman spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2416, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Lisk and Riley - 3.
Engrossed House Bill No. 2416, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2339, by Representatives King, Foreman and Orr; by request of Department of Fisheries and Department of Wildlife
Revising fees and procedures for recreational fish and hunting licenses.
The bill was read the second time. Committee on Fisheries & Wildlife recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 19th Day, January 28, 1994.) Committee on Revenue recommendation: Majority, do pass as amended by Committee on Fisheries & Wildlife.
Representative King moved the adoption of the committee amendment.
Representatives King and Fuhrman spoke in favor of it. The committee amendment was adopted.
The bill was ordered engrossed. With consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2339.
Representatives King and Fuhrman spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2339, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Lisk and Riley - 3.
Engrossed House Bill No. 2339, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2382, by Representatives Veloria, Lisk, Heavey, Horn, Anderson, Schmidt, King, Chandler, Conway and Springer
Changing gambling provisions.
House Bill No. 2382 was read the second time.
With consent of the House, the rules were suspended, second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of House Bill No. 2382.
Representatives Veloria, Chandler and Schmidt spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2382, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Lisk and Riley - 3.
House Bill No. 2382, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2390, by Representatives Finkbeiner, Heavey, Lisk, Chandler, Long, Forner, Conway, Johanson, Jones, Eide and Roland; by request of Department of Labor & Industries
Clarifying statutes to reflect the organizational structure of the department of labor and industries.
The bill was read the second time. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 26th Day, February 4, 1994.)
Representative Heavey moved the adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
The bill was ordered engrossed. With consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2390.
Representatives Finkbeiner and Chandler spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2390, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Lisk and Riley - 3.
Engrossed House Bill No. 2390, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2392, by Representatives Mastin, Ballasiotes, Appelwick, Grant, Kessler, Dorn, Schoesler, Roland, Sheahan, R. Meyers, Wineberry, Long, Talcott, Van Luven, Johanson, Campbell, Fuhrman, Brumsickle, Wood, Silver, Kremen, Dyer, J. Kohl, Conway, Jones, Springer and McMorris
Including residential burglary in crimes of violence.
House Bill No. 2392 was read the second time.
With consent of the House, the rules were suspended, second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of House Bill No. 2392.
Representative Mastin spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2392, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Lisk and Riley - 3.
House Bill No. 2392, having received the constitutional majority, was declared passed.
MOTION
On motion of Representative Peery, House Bill No. 2424 was deferred and the bill hold its place on the second reading calendar.
HOUSE BILL NO. 2445, by Representatives Springer, Chandler and G. Cole; by request of Department of Labor & Industries
Regulating industrial insurance actions against third persons.
House Bill No. 2445 was read the second time.
With consent of the House, the rules were suspended, second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of House Bill No. 2445.
Representatives Springer and Horn spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2445, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Lisk and Riley - 3.
House Bill No. 2445, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2452, by Representatives Rayburn, Lisk, Mastin, Chandler, Lemmon, Grant, Finkbeiner, Wineberry, Bray, Cothern and Dyer
Modifying provisions regarding shipping wine.
The bill was read the second time.
On motion of Representative Rayburn, Substitute House Bill No. 2452 was substituted for House Bill No. 2452, and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2452 was read the second time.
With the consent of the House, the rules were suspended, second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Substitute House Bill No. 2452.
Representative Rayburn spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2452, and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Voting nay: Representative Orr - 1.
Excused: Representatives Cothern, Lisk and Riley - 3.
Substitute House Bill No. 2452, having received the constitutional majority, was declared passed.
I wish to change my vote my vote on final passage of Substitute House Bill No. 2452 from a "NAY" to a "YEA".
GEORGE ORR, 4th District
MOTION
Representative Peery moved that the House immediately consider the following bills in the following order: House Bill No. 1243 and House Bill No. 2300 on the second reading calendar. The motion was carried.
HOUSE BILL NO. 1243, by Representatives King, Heavey, G. Cole, Jones and Veloria
Making technical changes to the statute governing reconsideration of industrial insurance orders.
The bill was read the second time.
On motion of Representative Heavey, Substitute House Bill No. 1243 was substituted for House Bill No. 1243, and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1243 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.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Substitute House Bill No. 1243.
Representative King spoke in favor of passage of the bill and Representative Chandler spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1243, and the bill passed the House by the following vote: Yeas - 59, Nays - 36, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Caver, Chappell, Cole, G., Conway, 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, Leonard, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Roland, Romero, Rust, Scott, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 59.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Lemmon, Long, McMorris, Mielke, Padden, Rayburn, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 36.
Excused: Representatives Cothern, Lisk and Riley - 3.
Substitute House Bill No. 1243, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2300, by Representatives Morris, Padden, Long, King and Brough; by request of Department of Corrections and Employment Security Department
Revising provisions relating to offender eligibility for unemployment compensation benefits.
House Bill No. 2300 was read the second time.
With consent of the House, the rules were suspended, second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of House Bill No. 2300.
Representatives Morris and Padden spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2300, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Lisk and Riley - 3.
House Bill No. 2300, having received the constitutional majority, was declared passed.
With the consent of the House, the House advanced to House Bill No. 2376.
HOUSE BILL NO. 2376, by Representatives Morris and Jones; by request of Sentencing Guidelines Commission
Revising the powers and duties of the sentencing guidelines commission.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 29th Day, February 7, 1994.)
Representative Sommers moved the adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
Representative Padden moved adoption of the following amendment by Representative Padden:
On page 3, line 1, after "system" insert "by individual superior court judge"
Representatives Padden and Morris spoke in favor of the adoption of the amendment.
Representative Reams demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the amendment on page 3, line 1, to House Bill No. 2376, and the amendment was adopted by the following vote: Yeas - 88, Nays - 7, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 88.
Voting nay: Representatives Appelwick, Cole, G., Eide, Heavey, Johnson, L., Pruitt and Thibaudeau - 7.
Excused: Representatives Cothern, Lisk and Riley - 3.
Representative Appelwick moved adoption of the following amendment by Representatives Morris:
On page 3, line 8, after "(10)" insert the following:
"The staff and executive officer of the commission may provide staffing and services to the juvenile dispositions standards commission, if authorized by RCW 13.40.025 and 13.40.027. The commission may conduct joint meetings with the juvenile disposition standards commission.
(11)"
Representative Morris spoke in favor of the adoption of the amendment and it was adopted.
The bill was ordered engrossed. With consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2376.
Representatives Morris and Long spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2376, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Cothern, Lisk and Riley - 3.
Engrossed House Bill No. 2376, having received the constitutional majority, was declared passed.
The Speaker (Representative Appelwick presiding) declared the House to be at ease.
The Speaker (Representative R. Meyers presiding) called the House to order.
MOTION
Representative Peery moved that the House immediately consider House Bill No. 2481 on the second reading calendar. The motion was carried.
HOUSE BILL NO. 2481, by Representatives Holm, G. Fisher, Foreman and Kremen; by request of Department of Revenue
Modifying use tax on tangible personal property used in this state by a person engaged in business outside this state.
House Bill No. 2481 was read the second time.
With the consent of the House, the rules were suspended, 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 House Bill No. 2481.
Representatives Holm and Foreman spoke in favor of passage of the bill.
MOTIONS
On motion of Representative J. Kohl, Representative Quall was excused.
On motion of Representative Wood, Representative Lisk was excused.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2481, and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 0, Excused - 4.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.
Voting nay: Representative Brough - 1.
Excused: Representatives Cothern, Lisk, Quall and Riley - 4.
House Bill No. 2481, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2521, by Representatives Dunshee, Pruitt, J. Kohl, Valle, Wolfe, L. Johnson, Ogden, Romero, Rust, Linville and Patterson
Regulating metals mining and milling operations.
The bill was read the second time. Committee on Natural Resources & Parks recommendation: Majority, do pass substitute. (For committee recommendation, see Journal, 26th Day, February 4, 1994.) Committee on Appropriations recommendation: Majority, do pass substitute by Committee on Natural Resources & Parks as amended by the Committee on Appropriations. (For committee amendment see Journal, 29th Day, February 7, 1994.)
On motion of Representative Pruitt, Substitute House Bill No. 2521 was substituted for House Bill No. 2521, and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2521 was read the second time.
Representative Valle moved the adoption of the committee amendment on Appropriations and spoke in favor of it. The committee amendment was adopted.
Representative Sommers moved the adoption of the committee amendments on Appropriations and spoke in favor of them. The committee amendments were adopted.
Representative Dunshee moved adoption of the following amendment by Representative Dunshee:
On page 1, strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is in the best interests of the citizens of the state of Washington to insure the highest degree of environmental protection while allowing the proper development and use of its natural resources, including its mineral resources. Metals mining can have significant positive and adverse impacts on the state and on local communities. The purpose of this chapter is to assure that metals mineral mining or milling operations are designed, constructed, and operated in a manner that promotes both economic opportunities and environmental and public health safeguards for the citizens of the state. It is the intent of the legislature to create a regulatory framework which yields, to the greatest extent possible, a metals mining industry that is compatible with these policies.
NEW SECTION. Sec. 2. The definitions set forth in this section apply throughout this chapter.
(1) "Metals mining and milling operation" means a mining operation extracting from the earth precious or base metal ore and processing the ore by treatment or concentration in a milling facility. It also refers to an expansion of an existing operation or any new metals mining operation if the expansion or new mining operation is likely to result in a significant, adverse environmental impact pursuant to the provisions of chapter 43.21C RCW. The extraction of dolomite, sand, gravel, and aggregate and the smelting of aluminum are not metals mining and milling operations regulated under this chapter.
(2) "Heap leach extraction process" means the process of extracting base or precious metal ore by percolating solutions through ore in an open system and includes reprocessing of previously milled ore. The heap leach extraction process does not include leaching in a vat or tank.
(3) "In situ extraction" means the process of dissolving base or precious metals from their natural place in the geological setting and retrieving the solutions from which metals can be recovered.
(4) "Regulated substances" means any materials regulated under a waste discharge permit pursuant to the requirements of chapter 90.48 RCW and/or a permit issued pursuant to chapter 70.94 RCW.
(5) "To mitigate" means (a) to avoid the adverse impact altogether by not taking a certain action or parts of an action; (b) to minimize adverse impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; (c) to rectify adverse impacts by repairing, rehabilitating, or restoring the affected environment; (d) to reduce or eliminate adverse impacts over time by preservation and maintenance operations during the life of the action; (e) to compensate for the impact by replacing, enhancing, or providing substitute resources or environments; or (f) to monitor the adverse impact and take appropriate corrective measures.
NEW SECTION. Sec. 3. Metals mining and milling operations are subject to the requirements of this chapter in addition to the requirements established in other statutes and rules.
NEW SECTION. Sec. 4. The department of ecology shall require each applicant submitting a checklist pursuant to chapter 43.21C RCW for a metals mining and milling operation to disclose the ownership and each controlling interest in the proposed operation. The applicant shall also disclose all other mining operations within the United States which the applicant operates or in which the applicant has an ownership or controlling interest. In addition, the applicant shall disclose and may enumerate and describe the circumstances of (1) any past or present bankruptcies involving the ownerships and their subsidiaries, (2) any abandonment of sites regulated by the model toxics control act, chapter 70.105D RCW, or other similar state remedial cleanup programs, or the federal comprehensive environmental response, compensation, and liability act, 42 U.S.C. Sec. 9601 et seq., as amended, (3) any penalties in excess of ten thousand dollars assessed for violations of the provisions of 33 U.S.C. Sec. 1251 et seq. or 42 U.S.C. Sec. 7401 et seq., and (4) any previous forfeitures of financial assurance due to noncompliance with reclamation or remediation requirements. This information shall be available for public inspection and copying at the department of ecology. Ownership or control of less than ten percent of the stock of a corporation shall not by itself constitute "ownership" or a "controlling interest" under this section.
NEW SECTION. Sec. 5. (1) An environmental impact statement must be prepared for any proposed metals mining and milling operation. The department of ecology shall be the lead agency in coordinating the environmental review process under chapter 43.21C RCW and in preparing the environmental impact statement, except for uranium and thorium operations regulated under Title 70 RCW.
(2) As part of the environmental review of metals mining and milling operations regulated under this chapter, the applicant shall provide baseline data adequate to document the premining conditions at the proposed site of the metals mining and milling operation. The baseline data shall contain information on the elements of the natural environment identified in rules adopted pursuant to chapter 43.21C RCW.
(3) The department of ecology, after consultation with the department of fish and wildlife, shall incorporate measures to mitigate significant probable adverse impacts to fish and wildlife as part of the department of ecology's permit requirements for the proposed operation.
(4) In conducting the environmental review and preparing the environmental impact statement, the department of ecology shall cooperate with all affected local governments to the fullest extent practicable.
NEW SECTION. Sec. 6. The department of ecology will appoint a metals mining coordinator. The coordinator will maintain current information on the status of any metals mining and milling operation regulated under this chapter from the preparation of the environmental impact statement through the permitting, construction, operation, and reclamation phases of the project or until the proposal is no longer active. The coordinator shall also maintain current information on postclosure activities. The coordinator will act as a contact person for the applicant, the operator, and interested members of the public. The coordinator may also assist agencies with coordination of their inspection and monitoring responsibilities.
NEW SECTION. Sec. 7. (1) State agencies with the responsibility for inspecting metals mining and milling operations regulated under this chapter shall conduct such inspections at least quarterly.
(2) The legislature encourages state agencies with inspection responsibilities for metals mining and milling operations regulated under this chapter to explore opportunities for cross-training of inspectors among state agencies and programs. This cross-training would be for the purpose of meeting the inspection responsibilities of these agencies in a more efficient and cost-effective manner. If doing so would be more efficient and cost-effective, state agency inspectors are also encouraged to coordinate inspections with federal and local government inspectors as well as with one another.
NEW SECTION. Sec. 8. (1) The metals mining account is created in the state treasury. Expenditures from this account are subject to appropriation. Expenditures from this account may only be used for (a) the additional inspections of metals mining and milling operations required by section 7 of this act and (b) the metals mining coordinator established in section 6 of this act.
(2) (a) As part of its normal budget development process and in consultation with the metals mining industry, the department of ecology shall estimate the costs required for the department to meet its obligations for the additional inspections of metals mining and milling operations required by chapter . . ., Laws of 1994 (this act). The department shall also estimate the cost of employing the metals mining coordinator established in section 6 of this act.
(b) As part of its normal budget development process and in consultation with the metals mining industry, the department of natural resources shall estimate the costs required for the department to meet its obligations for the additional inspections of metals mining and milling operations required by chapter . . ., Laws of 1994 (this act).
(3) Based on the cost estimates generated by the department of ecology and the department of natural resources, the department of revenue shall establish the amount of a fee to be paid by each active metals mining and milling operation regulated under this chapter. The fee shall be established at a level to fully recover the direct and indirect costs of the agency responsibilities identified in subsection (2) of this section. The amount of the fee for each operation shall be proportional to the number of visits required per site. Each applicant for a metals mining and milling operation shall also be assessed the fee based on the same criterion. The department of revenue may adjust the fees established in this subsection if unanticipated activity in the industry increases or decreases the amount of funding necessary to meet agencies' inspection responsibilities.
(4) The department of revenue shall collect the fees established in subsection (3) of this section. All moneys paid to the department of revenue from these fees shall be deposited into the metals mining account.
(5) This section shall take effect July 1, 1995 unless the legislature adopts an alternative approach based on the recommendations of the metals mining advisory group established in section 26 of this act.
NEW SECTION. Sec. 9. (1) In the processing of an application for an initial waste discharge permit for a tailings facility pursuant to the requirements of chapter 90.48 RCW, the department of ecology shall consider site-specific criteria in determining a preferred location of tailings facilities of metals mining and milling operations and incorporate the requirements of all known available and reasonable methods in order to maintain the highest possible standards to insure the purity of all waters of the state in accordance with the public policy identified by RCW 90.48.010.
In implementing the siting criteria, the department shall take into account the objectives of the proponent's application relating to mining and milling operations. These objectives shall consist of, but not be limited to, (a) operational feasibility, (b) compatibility with optimum tailings placement method, (c) adequate volume capacity, (d) availability of construction materials, and (e) an optimized embankment volume.
(2) To meet the mandate of subsection (1) of this section, siting of tailings facilities shall be accomplished through a two-stage process that consists of a primary alternatives screening phase, and a secondary technical site investigation phase.
(3) The primary screening phase will consist of, but not be limited to, siting criteria based on considerations as to location as follows:
(a) Proximity to the one hundred year flood plain, as indicated in the most recent federal emergency management agency maps;
(b) proximity to surface and ground water;
(c) topographic setting;
(d) identifiable adverse geologic conditions, such as landslides and active faults;
(e) visibility impacts of the public generally and residents more particularly.
(4) The department of ecology, through the primary screening process, shall reduce the available tailings facility sites to one or more feasible locations whereupon a technical site investigation phase shall be conducted by the department for the purpose of verifying the adequacy of the remaining potential sites. The technical site investigations phase shall consist of, but not be limited to, the following:
(a) soil characteristics;
(b) hydrologic characteristics;
(c) a local and structural geology evaluation, including seismic conditions and related geotechnical investigations;
(d) a surface water control analysis;
(e) a slope stability analysis.
(5) Upon completion of the two phase evaluation process set forth above, the department of ecology shall issue a site selection report on the preferred location. This report shall address the above criteria as well as analyze the feasibility of reclamation and stabilization of the tailings facility. The siting report may recommend mitigation or engineering factors to address siting concerns. The report shall be developed in conjunction with the preparation of and contained in an environmental impact statement prepared pursuant to chapter 43.21C RCW. The report may be utilized by the department of ecology for the purpose of providing information related to the suitability of the site and for ruling on an application for a waste discharge permit.
(6) The department of ecology may, at its discretion, require the applicant to provide the information required in either phase one or phase two as described in subsections (3) and (4) of this section.
NEW SECTION. Sec. 10. (1) In order to receive a waste discharge permit from the department of ecology pursuant to the requirements of chapter 90.48 RCW or in order to operate a metals mining and milling tailing facility, an applicant proposing a metals mining and milling operation regulated under this chapter must meet the following additional requirements:
(a) Any tailings facility shall be designed and operated to prevent the release of pollution and must meet the following standards:
(i) Operators shall apply all known available and reasonable technology to limit the concentration of potentially toxic materials in the tailings facility to assure the protection of wildlife and human health.
(ii) The tailings facility shall have a containment system that includes an engineered liner system, leak detection and leak collection elements, and a seepage collection impoundment to assure that a leak of any regulated substance under chapter 90.48 RCW will be detected before escaping from the containment system. The design and management of the facility must ensure that any leaks from the tailings facility are detected in a manner which allows for remediation pursuant to chapter 90.48 RCW. The applicant shall prepare a detailed engineering report setting forth the facility design and construction. The applicant shall submit the report to the department of ecology for its review and approval of a design as determined by the department. Natural conditions, such as depth to ground water or net rainfall, shall be taken into account in the facility design, but not in lieu of the protection required by the engineered liner system.
(iii) The toxicity of mine or mill tailings and the potential for long-term release of regulated substances from mine or mill tailings shall be reduced to the greatest extent practicable through stabilization, removal, or reuse of the substances.
(iv) The closure of the tailings facility shall provide for isolation or containment of potentially toxic materials and shall be designed to prevent future release of regulated substances contained in the impoundment.
(b) The applicant must develop a waste rock management plan approved by the department of ecology and the department of natural resources which emphasizes pollution prevention. At a minimum, the plan must contain the following elements:
(i) An accurate identification of the acid generating properties of the waste rock;
(ii) A strategy for encapsulating potentially toxic material from the environment, when appropriate, in order to prevent the release of heavy metals and acidic drainage; and
(iii) A plan for reclaiming and closing waste rock sites which minimizes infiltration of precipitation and runoff into the waste rock and which is designed to prevent future releases of regulated substances contained within the waste rock.
(c) If an interested citizen or citizen group so requests, the metals mining and milling operator or applicant shall work with the department of ecology and the interested party to make arrangements for citizen observation and verification in the taking of required water samples. While it is the intent of this subsection to provide for citizen observation and verification of water sampling activities, it is not the intent of this subsection to require additional water sampling and analysis on the part of the mining and milling operation or the department. The citizen observation and verification program shall be incorporated into the applicant's, operator's, or department's normal sampling regimen and shall occur at least once every six months. The results from these and all other relevant water sampling activities shall be kept on file with the relevant county and shall be available for public inspection during normal working hours.
(d) An operator or applicant for a metals mining and milling operation must complete a voluntary reduction plan in accordance with RCW 70.95C.200.
(2) Only those tailings facilities constructed after the effective date of this act must meet the requirement established in subsection (1) (a) of this section. Only those waste rock holdings constructed after the effective date of this act must meet the requirement established in subsection (1) (b) of this section.
NEW SECTION. Sec. 11. (1) The department of ecology and the department of natural resources shall not issue necessary permits to an applicant for a metals mining and milling operation until the applicant has deposited with the department of ecology a performance security which is acceptable to both agencies based on the requirements of subsection (2) of this section. This performance security may be:
(a) Bank letters of credit acceptable to both agencies;
(b) A cash deposit;
(c) Negotiable securities acceptable to both agencies;
(d) An assignment of a savings account;
(e) A savings certificate in a Washington bank; or
(f) A corporate surety bond executed in favor of the department of ecology by a corporation authorized to do business in the state of Washington under Title 48 RCW and acceptable to both agencies.
The agencies may, for any reason, refuse any performance security not deemed adequate.
(2) The performance security shall be conditioned on the faithful performance of the applicant or operator in meeting the following obligations:
(a) Satisfactory compliance with the laws of the state of Washington pertaining to metals mining and milling operations and with the related rules and permit conditions established by state and local government with respect to those operations as defined in RCW 78.44.031(17) and the construction, operation, reclamation, and closure of a metals mining and milling operation;
(b) Postclosure environmental monitoring as determined by the department of ecology and the department of natural resources; and
(c) Provision of sufficient funding for cleanup of potential problems revealed during or after closure.
(3) The department of ecology and the department of natural resources shall jointly adopt rules for determining the amount of the performance security, requirements for the performance security, requirements for the issuer of the performance security, and any other requirements necessary for the implementation of this section.
(4) The department of ecology and the department of natural resources, acting jointly, may increase or decrease the amount of the performance security at any time to compensate for any alteration in the operation that affects meeting the obligations in subsection (2) of this section. At a minimum, the agencies shall jointly review the adequacy of the performance security every two years.
(5) Liability under the performance security shall be maintained until the obligations in subsection (2) of this section are met to the satisfaction of the department of ecology and the department of natural resources. Liability under the performance security may be released only upon written notification by the department of ecology, with the concurrence of the department of natural resources.
(6) Any interest or appreciation on the performance security shall be held by the department of ecology until the obligations in subsection (2) of this section have been met to the satisfaction of the department of ecology and the department of natural resources. At such time, the interest shall be remitted to the operator. However, if the applicant or operator fails to comply with the obligations of subsection (2) of this section, the interest or appreciation may be used by either agency to comply with the obligations.
NEW SECTION. Sec. 12. The department of ecology may, with staff, equipment, and material under its control, or by contract with others, remediate or mitigate any impact of a metals mining and milling operation when it finds that the operator or permit holder has failed to comply with relevant statutes, rules, or permits, and the operator or permit holder has failed to take adequate or timely action to rectify these impacts.
If the department intends to remediate or mitigate such impacts, the department shall issue an order to submit performance security requiring the permit holder or surety to submit to the department the amount of moneys posted pursuant to this act. If the amount specified in the order to submit performance security is not paid within twenty days after issuance of the notice, the attorney general upon request of the department shall bring an action on behalf of the state in a superior court to recover the amount specified and associated legal fees.
The department may proceed at any time after issuing the order to submit performance security to remediate or mitigate adverse impacts.
The department shall keep a record of all expenses incurred in carrying out any remediation or mitigation activities authorized under this section, including:
(1) Remediation or mitigation;
(2) A reasonable charge for the services performed by the state's personnel and the state's equipment and materials utilized; and
(3) Administrative and legal expenses related to remediation or mitigation.
The department shall refund to the surety or permit holder all amounts received in excess of the amount of expenses incurred. If the amount received is less than the expenses incurred, the attorney general, upon request of the department of ecology, may bring an action against the permit holder on behalf of the state in the superior court to recover the remaining costs listed in this section.
If the department of natural resources finds that reclamation has not occurred according to the standards required under chapter 78.44 RCW in a metals mining and milling operation, then the department of natural resources may cause reclamation to occur pursuant to RCW 78.44.240. Upon approval of the department of ecology, the department of natural resources may reclaim part or all of the metals mining and milling operation using that portion of the surety posted pursuant to this act that has been identified for reclamation.
NEW SECTION. Sec. 13. (1) The legislature finds that the construction and operation of large-scale metals mining and milling facilities may create new job opportunities and enhance local tax revenues. However, the legislature also finds that such operations may also result in new demands on public facilities owned and operated by local government entities, such as public streets and roads; publicly owned parks, open space, and recreation facilities; school facilities; and fire protection facilities in jurisdictions that are not part of a fire district. It is important for these economic impacts to be identified as part of any proposal for a large-scale metals mining and milling operation. It is then appropriate for the county legislative authority to balance expected revenues, including revenues derived from taxes paid by the owner of such an operation, and costs associated with the operation to determine to what degree any new costs require mitigation by the metals mining applicant.
(2) An applicant for a large-scale metals mining and milling operation regulated under this chapter must submit to the relevant county legislative authority an impact analysis describing the economic impact of the proposed mining operation on local governmental units. For the purposes of this section, a metals mining operation is "large-scale" if, in the construction or operation of the mine and the associated milling facility, the applicant and contractors at the site employ more than thirty-five persons during any consecutive six-month period. The relevant county is the county in which the mine and mill are to be sited, unless the economic impacts to local governmental units are projected to substantially affect more than one county. In that case, the impact plan must be submitted to the legislative authority of all affected counties. Local governmental units include counties, cities, towns, school districts, and special purpose districts.
(3) The economic impact analysis shall include at least the following information:
(a) A timetable for development of the mining operation, including the opening date of the operation and the estimated closing date;
(b) The estimated number of persons coming into the impacted area as a result of the development of the mining operation;
(c) An estimate of the increased capital and operating costs to local governmental units for providing services necessary as a result of the development of the mining operation; and
(d) An estimate of the increased tax or other revenues accruing to local government units as a result of development of the mining and milling operation.
(4) The county legislative authority of a county planning under chapter 36.70A RCW may assess impact fees under chapter 82.02 RCW to address economic impacts associated with development of the mining operation. The county legislative authority shall hold at least one public hearing on the economic impact analysis and any proposed mitigation measures.
(5) The county legislative authority of a county which is not planning under chapter 36.70A RCW may negotiate with the applicant on a strategy to address economic impacts associated with development of the mining operation. The county legislative authority shall hold at least one public hearing on the economic impact analysis and any proposed mitigation measures.
(6) The county legislative authority must approve or disapprove the impact analysis and any associated proposals from the applicant to address economic impacts to local governmental units resulting from development of the mining operation. If the applicant does not submit an adequate impact analysis to the relevant county legislative authority or if the county legislative authority does not find the applicant's proposals to be acceptable because of their failure to adequately mitigate adverse economic impacts, the county legislative authority shall refuse to issue any permits under its jurisdiction necessary for the construction or operation of the mine and associated mill.
(7) The requirements established in this section apply to metals mining operations under construction or constructed after the effective date of this act.
(8) The provisions of chapter 82.02 RCW shall apply to new mining and milling operations.
NEW SECTION. Sec. 14. (1) Except as provided in subsection (2) of this section, any aggrieved person may commence a civil action on his or her own behalf:
(a) Against any person, including any state agency or local government agency, who is alleged to be in violation of a law, rule, order, or permit pertaining to metals mining and milling operations regulated under this act;
(b) Against a state agency if there is alleged a failure of the agency to perform any nondiscretionary act or duty under state laws pertaining to metals mining and milling operations; or
(c) Against any person who constructs a metals mining and milling operation without the permits and authorizations required by state law.
The superior courts shall have jurisdiction to enforce metals mining laws, rules, orders, and permit conditions, or to order the state to perform such act or duty, as the case may be. In addition to injunctive relief, a superior court may award a civil penalty when deemed appropriate in an amount not to exceed ten thousand dollars per violation per day, payable to the state of Washington.
(2) No action may be commenced:
(a) Under subsection (1)(a) of this section:
(i) Prior to sixty days after the plaintiff has given notice of the alleged violation to the state, and to any alleged violator of a metals mining and milling law, rule, order, or permit condition; or
(ii) If the state has commenced and is diligently prosecuting a civil action in a court of the state or of the United States or is diligently pursuing authorized administrative enforcement action to require compliance with the law, rule, order, or permit. To preclude a civil action, the enforcement action must contain specific, aggressive, and enforceable timelines for compliance and must provide for public notice of and reasonable opportunity for public comment on the enforcement action. In any such court action, any aggrieved person may intervene as a matter of right.
(b) Under subsection (1)(b) of this section prior to sixty days after the plaintiff has given notice of such action to the state.
(3)(a) Any action respecting a violation of a law, rule, order, or permit condition pertaining to metals mining and milling operations may be brought in the judicial district in which such operation is located or proposed.
(b) In such action under this section, the state, if not a party, may intervene as a matter of right.
(4) The court, in issuing any final order in any action brought pursuant to subsection (1) of this section, may award costs of litigation, including reasonable attorney and expert witness fees, to any prevailing party, wherever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the rules of civil procedure.
(5) A civil action to enforce compliance with a law, rule, or order may not be brought under this section if any other statute, or the common law, provides authority for the plaintiff to bring a civil action and, in such action, obtain the same relief, as authorized under this section, for enforcement of such law, rule or order. Nothing in this section restricts any right which any person, or class of persons, may have under any statute or common law to seek any relief, including relief against the state or a state agency.
NEW SECTION. Sec. 15. A milling facility which is not adjacent to or in the vicinity of the metals mining operation producing the ore to be milled and which processes precious or base metal ore by treatment or concentration is subject to the provisions of sections 1 through 9, 10(1) (a), (c) and (d), 11 through 14, and 18 through 24 of this act. The smelting of aluminum does not constitute a metals milling operation under this section.
NEW SECTION. Sec. 16. (1) Until June 30, 1996, there shall be a moratorium on metals mining and milling operations using the heap leach extraction process. The department of natural resources and the department of ecology shall jointly review the existing laws and regulations pertaining to the heap leach extraction process for their adequacy in safeguarding the environment and shall report their findings to the legislature by December 30, 1994.
(2) Metals mining using the process of in situ extraction is permanently prohibited in the state of Washington.
NEW SECTION. Sec. 17. The department of ecology will work with the metals mining industry and relevant federal, state and local governmental agencies to identify areas of regulatory overlap among regulators of mining and milling operations. The department will also identify possible solutions for eliminating or reducing regulatory overlap. The department will report back to the legislature on its findings and possible solutions by January 1, 1995.
NEW SECTION. Sec. 18. A new section is added to chapter 70.94 RCW to read as follows:
If a metals mining and milling operation is issued a permit pursuant to this chapter, then it will be subject to special inspection requirements. The department of ecology shall inspect these mining operations at least quarterly in order to ensure that the operation is in compliance with the conditions of any permit issued to it pursuant to this chapter. The department shall conduct additional inspections during the construction phase of the mining and milling operation in order to ensure compliance with this chapter.
NEW SECTION. Sec. 19. A new section is added to chapter 70.105 RCW to read as follows:
If a metals mining and milling operation is issued a permit pursuant to this chapter, then it will be subject to special inspection requirements. The department of ecology shall inspect these mining operations at least quarterly in order to ensure that the operation is in compliance with the conditions of any permit issued to it pursuant to this chapter. The department shall conduct additional inspections during the construction phase of the mining operation in order to ensure compliance with this chapter.
Sec. 20. RCW 90.03.350 and 1987 c 109 s 91 are each amended to read as follows:
Any person, corporation or association intending to construct or modify any dam or controlling works for the storage of ten acre feet or more of water, shall before beginning said construction or modification, submit plans and specifications of the same to the department for examination and approval as to its safety. Such plans and specifications shall be submitted in duplicate, one copy of which shall be retained as a public record, by the department, and the other returned with its approval or rejection endorsed thereon. No such dam or controlling works shall be constructed or modified until the same or any modification thereof shall have been approved as to its safety by the department. Any such dam or controlling works constructed or modified in any manner other than in accordance with plans and specifications approved by the department or which shall not be maintained in accordance with the order of the department shall be presumed to be a public nuisance and may be abated in the manner provided by law, and it shall be the duty of the attorney general or prosecuting attorney of the county wherein such dam or controlling works, or the major portion thereof, is situated to institute abatement proceedings against the owner or owners of such dam or controlling works, whenever he or she is requested to do so by the department.
A metals mining and milling operation regulated under chapter . . ., Laws of 1994 (this act) is subject to additional dam safety inspection requirements due to the special hazards associated with failure of a tailings pond impoundment. The department shall inspect these impoundments at least quarterly during the project's operation and at least annually thereafter for the postclosure monitoring period in order to ensure the safety of the dam or controlling works. The department shall conduct additional inspections as needed during the construction phase of the mining operation in order to ensure the safe construction of the tailings impoundment.
Sec. 21. RCW 90.48.090 and 1987 c 109 s 127 are each amended to read as follows:
The department or its duly appointed agent shall have the right to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating conditions relating to the pollution of or the possible pollution of any of the waters of this state.
The department shall have special inspection requirements for metals mining and milling operations regulated under chapter . . ., Laws of 1994 (this act). The department shall inspect these mining and milling operations at least quarterly in order to ensure compliance with the intent and any permit issued pursuant to this chapter. The department shall conduct additional inspections as needed during the construction phase of these mining operations in order to ensure compliance with this chapter.
Sec. 22. RCW 78.44.161 and 1993 c 518 s 25 are each amended to read as follows:
The department may order at any time an inspection of the disturbed area to determine if the miner or permit holder has complied with the reclamation permit, rules, and this chapter.
The department shall have special inspection requirements for metals mining and milling operations regulated under chapter . . ., Laws of 1994 (this act). The department shall inspect these mining operations at least quarterly in order to ensure that the permit holder is in compliance with the reclamation permit, rules, and this chapter. The department shall conduct additional inspections as needed during the construction phase of these mining operations in order to ensure compliance with the reclamation permit, rules, and this chapter.
Sec. 23. RCW 78.44.087 and 1993 c 518 s 15 are each amended to read as follows:
The department shall not issue a reclamation permit until the applicant has deposited with the department an acceptable performance security on forms prescribed and furnished by the department. A public or governmental agency shall not be required to post performance security nor shall a permit holder be required to post surface mining performance security with more than one state((, local, or federal)) or local agency.
This performance security may be:
(1) Bank letters of credit acceptable to the department;
(2) A cash deposit;
(3) Negotiable securities acceptable to the department;
(4) An assignment of a savings account;
(5) A savings certificate in a Washington bank on an assignment form prescribed by the department;
(6) Assignments of interests in real property within the state of Washington; or
(7) A corporate surety bond executed in favor of the department by a corporation authorized to do business in the state of Washington under Title 48 RCW and authorized by the department.
The performance security shall be conditioned upon the faithful performance of the requirements set forth in this chapter and of the rules adopted under it.
The department shall have the authority to determine the amount of the performance security using a standardized performance security formula developed by the department. The amount of the security shall be determined by the department and based on the estimated costs of completing reclamation according to the approved reclamation plan or minimum standards and related administrative overhead for the area to be surface mined during (a) the next twelve-month period, (b) the following twenty-four months, and (c) any previously disturbed areas on which the reclamation has not been satisfactorily completed and approved.
The department may increase or decrease the amount of the performance security at any time to compensate for a change in the disturbed area, the depth of excavation, a modification of the reclamation plan, or any other alteration in the conditions of the mine that affects the cost of reclamation. The department may, for any reason, refuse any performance security not deemed adequate.
Liability under the performance security shall be maintained until reclamation is completed according to the approved reclamation plan to the satisfaction of the department unless released as hereinafter provided. Liability under the performance security may be released only upon written notification by the department. Notification shall be given upon completion of compliance or acceptance by the department of a substitute performance security. The liability of the surety shall not exceed the amount of security required by this section and the department's reasonable legal fees to recover the security.
Any interest or appreciation on the performance security shall be held by the department until reclamation is completed to its satisfaction. At such time, the interest shall be remitted to the permit holder; except that such interest or appreciation may be used by the department to effect reclamation in the event that the permit holder fails to comply with the provisions of this chapter and the costs of reclamation exceed the face value of the performance security.
Except as provided in this section, no other state agency or local government shall require performance security for the purposes of surface mine reclamation and only one agency of government shall require and hold the performance security. The department may enter into written agreements with federal agencies in order to avoid redundant bonding of surface mines straddling boundaries between federally controlled and other lands within Washington state.
((Notwithstanding any other provision of this section, nothing shall preclude the department of ecology from requiring a separate performance security for metallic minerals or uranium surface mines under any authority if any that may be presently vested in the department of ecology relating to such mines.)) The department and the department of ecology shall jointly require performance security for metals mining and milling operations regulated under chapter . . ., Laws of 1994 (this act).
Sec. 24. RCW 78.44.131 and 1993 c 518 s 20 are each amended to read as follows:
The need for, and the practicability of, reclamation shall control the type and degree of reclamation in any specific instance. However, the basic objective of reclamation is to reestablish on a continuing basis the vegetative cover, slope stability, water conditions, and safety conditions suitable to the proposed subsequent use consistent with local land use plans for the surface mine site.
Each permit holder shall comply with the minimum reclamation standards in effect on the date the permit was issued and any additional reclamation standards set forth in the approved reclamation plan. The department may modify, on a site specific basis, the minimum reclamation standards for metals mining and milling operations regulated under chapter . . ., Laws of 1994 (this act) in order to achieve the reclamation and closure objectives of that chapter. The basic objective of reclamation for these operations is the reestablishment on a continuing basis of vegetative cover, slope stability, water conditions, and safety conditions.
Reclamation activities, particularly those relating to control of erosion and mitigation of impacts of mining to adjacent areas, shall, to the extent feasible, be conducted simultaneously with surface mining, and in any case shall be initiated at the earliest possible time after completion of surface mining on any segment of the permit area.
All reclamation activities shall be completed not more than two years after completion or abandonment of surface mining on each segment of the area for which a reclamation permit is in force.
The department may by contract delegate enforcement of provisions of reclamation plans to counties, cities, and towns. A county, city, or town performing enforcement functions may not impose any additional fees on permit holders.
NEW SECTION. Sec. 25. Sections 1 through 16 of this act shall constitute a new chapter in Title 78 RCW.
NEW SECTION. Sec. 26. (1) The department of ecology shall establish a metals mining advisory group, to be comprised of members representing the metals mining industry, the environmental community, the department of ecology, the department of fish and wildlife, and the department of natural resources.
(2) The metals mining advisory group will focus on the following tasks:
(a) A review of the adequacy of the cost-accounting methods of the departments of ecology and natural resources in accurately identifying the costs associated with the additional inspection requirements established in this act;
(b) Establishing a set of success measures to be used to evaluate the implementation of the new coordinator role established in this act;
(c) Examination of possible new inspection requirements for the department of fish and wildlife and a means to fund any new requirements; and
(d) Identification and evaluation of the alternative bases for allocating the costs that may be necessitated by chapter . . ., Laws of 1994 (this act).
(3) The advisory group shall report its findings and its preferred alternative among the options identified in subsection (2)(d) of this section to the legislature by January 1, 1995.
NEW SECTION. Sec. 27. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 28. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and, with the exception of sections 6 through 8, shall take effect immediately.
NEW SECTION. Sec. 29. Sections 6 through 8 shall take effect July 1, 1995."
Representatives Dunshee and Stevens spoke in favor of the adoption of the amendment. The amendment was adopted.
The bill was ordered engrossed. With consent of the House, the rules were suspended, second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2521.
Representatives Dunshee, McMorris, Pruitt and Dyer spoke in favor of passage of the bill.
Representative Dunshee yielded to a question by Representative Pruitt.
Representative Pruitt: Thank you Mr. Speaker. Representative Dunshee, we are aware that there are currently EIS documents and permit applications being prepared on different mining proposals. Is it the intent of this legislation to have the Department of Ecology to delay action on any proposals until the provisions of the bill are implemented?"
Representative Dunshee: No Mr. Speaker. Agencies must proceed with all current proposals with all possible speed. The effective date of this legislation is of no consequence to them in implementing todays laws. They should not postpone any action, not postpone any review.
Representative Dunshee yielded to a question by Representative Dyer.
Representative Dyer: "Thank you Mr. Speaker. On New Section, Section 14, line 26, there is some discussion of an aggrieved person may commence a single action on his or her own behalf. Is it the intent of this legislation to broaden or to limit those people in standing as an aggrieved person?"
Representative Dunshee: "You should check with the person sitting just behind you who told me what that word meant in legalese. And I'm sorry I don't remember his district. This was an agreed upon word by all sides, and not being a lawyer, sorry about that, I can't answer in legalese."
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2521, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Cothern and Riley - 2.
Engrossed Substitute House Bill No. 2521, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
February 14, 1994
Mr. Speaker:
The Senate has passed:
THIRD SUBSTITUTE SENATE BILL NO. 5918,
SUBSTITUTE SENATE BILL NO. 6195,
SECOND SUBSTITUTE SENATE BILL NO. 6205,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6255,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6303,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6309,
SUBSTITUTE SENATE BILL NO. 6371,
ENGROSSED SENATE BILL NO. 6411,
ENGROSSED SENATE BILL NO. 6493,
SUBSTITUTE SENATE BILL NO. 6507,
and the same are herewith transmitted.
Marty Brown, Secretary
HOUSE BILL NO. 2555, by Representative Heavey; by request of Department of Health
Modifying licensing and inspection of transient accommodations.
The bill was read the second time. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 26th Day, February 4, 1994.) Committee on Appropriations recommendation: Majority, do pass as amended by Committee on Commerce & Labor.
Representative Heavey moved the adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
The bill was ordered engrossed. With consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2555.
Representatives Heavey and Chandler spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2555, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Cothern and Riley - 2.
Engrossed House Bill No. 2555, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2570, by Representatives Zellinsky, L. Thomas, R. Meyers and Dorn; by request of Insurance Commissioner
Changing insurance licensing requirements.
The bill was read the second time.
On motion of Representative Zellinsky, Substitute House Bill No. 2570 was substituted for House Bill No. 2570, and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2570 was read the second time.
With consent of the House, the rules were suspended, second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2570.
Representatives Zellinsky and Mielke spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2570, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Cothern and Riley - 2.
Substitute House Bill No. 2570, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2571, by Representatives Zellinsky, Schmidt, R. Meyers and Dorn; by request of Insurance Commissioner
Requiring certain capital and surplus for insurers.
The bill was read the second time.
On motion of Representative Zellinsky, Substitute House Bill No. 2571 was substituted for House Bill No. 2571, and the substitute bill was placed on the second reading calendar.
The Speaker assumed the chair.
Substitute House Bill No. 2571 was read the second time.
With the consent of the House, the rules were suspended, 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 Substitute House Bill No. 2571.
Representatives Zellinsky and Mielke spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2571, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Cothern and Riley - 2.
Substitute House Bill No. 2571, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2592, by Representatives R. Fisher, Schmidt, Wood and Springer; by request of Department of Transportation
Harmonizing oversize vehicle permit laws.
House Bill No. 2592 was read the second time.
With the consent of the House, the rules were suspended, 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. 2592.
Representative R. Fisher spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2592, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Cothern and Riley - 2.
House Bill No. 2592, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2601, by Representatives Finkbeiner, Brumsickle, Bray, Wang and Scott
Implementing the cellular communications tax study recommendations regarding 911 emergency communication system funding.
House Bill No. 2601 was read the second time.
With the consent of the House, the rules were suspended, 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. 2601.
Representatives Finkbeiner and Foreman spoke in favor of passage of the bill and Representative Van Luven spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2601, and the bill passed the House by the following vote: Yeas - 79, Nays - 17, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Foreman, Forner, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Talcott, Thibaudeau, Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood and Mr. Speaker - 79.
Voting nay: Representatives Ballard, Chandler, Dyer, Fisher, R., Flemming, Fuhrman, Horn, Kremen, Lisk, Mielke, Padden, Schmidt, Stevens, Tate, Thomas, B., Van Luven and Zellinsky - 17.
Excused: Representatives Cothern and Riley - 2.
House Bill No. 2601, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2657, by Representatives G. Fisher, Tate, King, Conway, Orr, Forner, Campbell, Brough, Mielke, Van Luven and Talcott
Changing the definition of "uniformed personnel" for public employees' collective bargaining.
The bill was read the second time. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 26th Day, February 4, 1994.)
Representative Heavey moved the adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
The bill was ordered engrossed. With consent of the House, the rules were suspended, second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2657.
Representative G. Fisher spoke in favor of passage of the bill and Representative Lisk spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2657, and the bill passed the House by the following vote: Yeas - 90, Nays - 6, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 90.
Voting nay: Representatives Edmondson, Hansen, Horn, Lisk, Rayburn and Silver - 6.
Excused: Representatives Cothern and Riley - 2.
Engrossed House Bill No. 2657, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2605, by Representatives Jacobsen, Brumsickle, Dorn, Bray, Ogden, Dunshee, Pruitt and J. Kohl
Changing higher education statutory relationships.
The bill was read the second time.
On motion of Representative Jacobsen, Substitute House Bill No. 2605 was substituted for House Bill No. 2605, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2605 was read the second time.
On motion of Representative Valle, Second Substitute House Bill No. 2605 was substituted for Substitute House Bill No. 2605, and the bill was placed on the second reading calendar.
Second Substitute House Bill No. 2605 was read the second time.
Representative Sommers moved adoption of the following amendment by Representative Sommers:
On page 1, line 14, after "following" insert ", and any implementation of these goals is subject to available funds"
On page 24, line 34, line after "aid" insert ", however, funding levels for the state's system of financial aid are subject to available funds"
On page 26, line 7, strike "determining" and insert "recommending"
Representative Sommers spoke in favor of the adoption of the amendment and it was adopted.
Representative King moved adoption of the following amendment by Representative King:
On page 3, beginning on line 19, strike all of section 3
On page 24, beginning on line 31, strike all of section 21
Representatives King, Wolfe, Conway, Wineberry spoke in favor of the adoption of the amendment and Representatives Jacobson, Brumsickle, Padden and Carlson spoke against it.
Representative Heavey demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the amendment on page 3, beginning on line 19 and on page 24 beginning on line 31, by Representative King to Second Substitute House Bill No. 2605, and the amendment was adopted by the following vote: Yeas - 61, Nays - 35, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Carlson, Caver, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Eide, Fisher, G., Fisher, R., Flemming, Forner, Grant, Heavey, Holm, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Long, Mastin, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Quall, Romero, Rust, Schoesler, Scott, Sheahan, Shin, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 61.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Casada, Chandler, Dyer, Edmondson, Finkbeiner, Foreman, Fuhrman, Hansen, Horn, Jacobsen, Lemmon, Lisk, McMorris, Padden, Pruitt, Rayburn, Reams, Roland, Schmidt, Sehlin, Sheldon, Silver, Sommers, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 35.
Excused: Representatives Cothern and Riley - 2.
With the consent of the House, Representative Ogden withdrew amendment number 1017 to Second Substitute House Bill No. 2605.
Representative Mielke moved adoption of the following amendment by Representatives Mielke and Basich:
On page 21, after line 30, insert the following new sections:
"NEW SECTION. Sec. 19. A new section is added to chapter 28B.15 RCW to read as follows:
It is the intent of the legislature that recognized student organizations have access to higher education institutions' registration and student account systems for the purpose of collecting voluntary student fees. The legislature finds that recognized student organizations should have the opportunity to request use of registration or student account systems, by a vote of students in a general election, and that the institution should permit and facilitate such access upon a favorable vote of the students.
NEW SECTION. Sec. 20. A new section is added to chapter 28B.15 RCW to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 19 through 21 of this act.
(1) "Criteria for recognition" may include the student organization's name, address, purpose, at least five officers and their addresses; proposed or actual means of financing; proposed annual level of voluntary check-off; and budget.
(2) "Positive check-off" means students that do want to participate exercise their option by a response in the registration or student account system.
(3) "Recognized student organization" means an organization of students registered with and recognized by the higher education institution as having provided and, if appropriate, updated on an annual basis, the criteria for recognition.
(4) "User fee" means an amount of money a higher education institution may charge a recognized student organization for the purpose of cost recovery of the expense of establishing and operating a positive check-off for fund-raising in the registration or student account system on behalf of that recognized student organization.
(5) "Voluntary student fee" means fees, including the costs of collecting such fees, other than tuition or service and activities fees, that students may voluntarily elect to pay through a positive check-off during the registration process or in the student account system at community colleges, The Evergreen State College, regional universities, and state universities.
NEW SECTION. Sec. 21. A new section is added to chapter 28B.15 RCW to read as follows:
Recognized student organizations may solicit voluntary student fees through a positive check-off in registration or student account systems as a means of fund-raising. In order for a recognized student organization to have access to a higher education institution's registration and student account system for the purpose of collecting voluntary student fees, the recognized student organization shall request the use of a registration or student account system by a vote of the students. If such a request is sustained by a majority vote of students in a general election, then the institution shall permit and facilitate such access, subject to this section and section 20 of this act.
(1) Such recognized student organizations shall disclose their purpose, the intended use of funds raised, and the method of check-off during the application and qualification process for access to the registration or student account system of a higher education institution.
(2) Recognized student organizations must meet the following conditions before qualifying for and being provided access to the registration or student account systems of a higher education institution:
(a) Register with and be recognized by the higher education institution, meeting the criteria set forth in section 20(1) of this act;
(b) Obtain the signatures of fifteen percent of currently registered full-time students on petitions supporting placing the proposal on a general election ballot;
(c) Obtain approval by a majority of the voters in a student body general election; and
(d) Complete the process no less than ninety days prior to the opening of the registration cycle to which the recognized student organization is requesting access.
(3) Upon successful completion of the process in subsection (2) of this section, the recognized student organization shall have access to the registration or student account system during each registration cycle for three years after the successful general election.
(4) Recognized student organizations may withdraw from access to a registration or student account system by so stating in writing to the higher education institution no less than ninety days prior to the opening of the next registration cycle.
(5) Higher education institutions may deny access to a recognized student organization if the recognized student organization fails to meet on an annual basis the criteria for recognition set forth in section 20(1) of this act.
(6) Higher education institutions shall calculate any user fee and notify the recognized student organization in advance of any registration cycle during which such a user fee will be imposed. No user fee shall exceed twenty percent of the yield of the check-off. The higher education institutions shall calculate the user fee, deduct it from the yield accrued during the registration cycle, and provide the net proceeds to the recognized student organization no later than the last day of the term or semester for which the funds are collected.
(7) At the end of a three-year cycle, a recognized student organization desiring continued access to the registration or student account system shall:
(a) Continue to meet the criteria for recognition set forth in section 20(1) of this act;
(b) Obtain the signatures of ten percent of currently registered full-time students on petitions supporting placing the proposed continuation of access on a general election ballot;
(c) Obtain approval by a majority of voters in a student body general election; and
(d) Complete the process no less than ninety days prior to the opening of the registration cycle to which the recognized student organization desires continued access.
(8) Student organizations currently having access to registration or student account systems through positive or negative check-offs or through a mandatory refundable voluntary fee shall retain such access for five years after the effective date of this act or until expiration of a contract valid on the effective date of this act, without needing to comply with the conditions set forth in subsection (2) (b) through (d) of this section."
Representatives Mielke and Brumsickle spoke in favor of the adoption of the amendment and Representative Jacobsen spoke against it.
Representative Fuhrman demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the amendment on page 21, after line 30, to Second Substitute House Bill No. 2605 and the amendment failed by the following vote: Yeas - 40, Nays - 56, Absent - 0, Excused - 2.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Basich, Brough, Brown, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Foreman, Forner, Fuhrman, Horn, Kessler, Kremen, Linville, Lisk, Long, McMorris, Mielke, Padden, Quall, Reams, Rust, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 40.
Voting nay: Representatives Anderson, Appelwick, Bray, Campbell, Caver, Cole, G., Conway, Dellwo, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, King, Kohl, J., Lemmon, Leonard, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Rayburn, Roland, Romero, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 56.
Excused: Representatives Cothern and Riley - 2.
Representative Flemming moved adoption of the following amendment by Representatives Flemming and others:
On page 1, strike everything after the enacting clause and insert the following new sections:
"NEW SECTION. Sec. 1. A new section is added to chapter 28B.15 RCW to read as follows:
It is the intent of the legislature that recognized student organizations have access to higher education institutions' registration and student account systems for the purpose of collecting voluntary student fees. The legislature finds that recognized student organizations should have the opportunity to request use of registration or student account systems, by a vote of students in a general election, and that the institution should permit and facilitate such access upon a favorable vote of the students.
NEW SECTION. Sec. 2. A new section is added to chapter 28B.15 RCW to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 3 of this act.
(1) "Criteria for recognition" may include the student organization's name, address, purpose, at least five officers and their addresses; proposed or actual means of financing; proposed annual level of voluntary check-off; and budget.
(2) "Positive check-off" means students that do want to participate exercise their option by a response in the registration or student account system.
(3) "Recognized student organization" means an organization of students registered with and recognized by the higher education institution as having provided and, if appropriate, updated on an annual basis, the criteria for recognition.
(4) "User fee" means an amount of money a higher education institution may charge a recognized student organization for the purpose of cost recovery of the expense of establishing and operating a positive check-off for fund-raising in the registration or student account system on behalf of that recognized student organization.
(5) "Voluntary student fee" means fees, including the costs of collecting such fees, other than tuition or service and activities fees, that students may voluntarily elect to pay through a positive check-off during the registration process or in the student account system at community colleges, The Evergreen State College, regional universities, and state universities.
NEW SECTION. Sec. 3. A new section is added to chapter 28B.15 RCW to read as follows:
Recognized student organizations may solicit voluntary student fees through a positive check-off in registration or student account systems as a means of fund-raising. In order for a recognized student organization to have access to a higher education institution's registration and student account system for the purpose of collecting voluntary student fees, the recognized student organization shall request the use of a registration or student account system by a vote of the students. If such a request is sustained by a majority vote of students in a general election, then the institution shall permit and facilitate such access, subject to this section and section 2 of this act.
(1) Such recognized student organizations shall disclose their purpose, the intended use of funds raised, and the method of check-off during the application and qualification process for access to the registration or student account system of a higher education institution.
(2) Recognized student organizations must meet the following conditions before qualifying for and being provided access to the registration or student account systems of a higher education institution:
(a) Register with and be recognized by the higher education institution, meeting the criteria set forth in section 2(1) of this act;
(b) Obtain the signatures of fifteen percent of currently registered full-time students on petitions supporting placing the proposal on a general election ballot;
(c) Obtain approval by a majority of the voters in a student body general election; and
(d) Complete the process no less than ninety days prior to the opening of the registration cycle to which the recognized student organization is requesting access.
(3) Upon successful completion of the process in subsection (2) of this section, the recognized student organization shall have access to the registration or student account system during each registration cycle for three years after the successful general election.
(4) Recognized student organizations may withdraw from access to a registration or student account system by so stating in writing to the higher education institution no less than ninety days prior to the opening of the next registration cycle.
(5) Higher education institutions may deny access to a recognized student organization if the recognized student organization fails to meet on an annual basis the criteria for recognition set forth in section 2(1) of this act.
(6) Higher education institutions shall calculate any user fee and notify the recognized student organization in advance of any registration cycle during which such a user fee will be imposed. No user fee shall exceed twenty percent of the yield of the check-off. The higher education institutions shall calculate the user fee, deduct it from the yield accrued during the registration cycle, and provide the net proceeds to the recognized student organization no later than the last day of the term or semester for which the funds are collected.
(7) At the end of a three-year cycle, a recognized student organization desiring continued access to the registration or student account system shall:
(a) Continue to meet the criteria for recognition set forth in section 2(1) of this act;
(b) Obtain the signatures of ten percent of currently registered full-time students on petitions supporting placing the proposed continuation of access on a general election ballot;
(c) Obtain approval by a majority of voters in a student body general election; and
(d) Complete the process no less than ninety days prior to the opening of the registration cycle to which the recognized student organization desires continued access.
(8) Student organizations currently having access to registration or student account systems through positive or negative check-offs or through a mandatory refundable voluntary fee shall retain such access for five years after the effective date of this act or until expiration of a contract valid on the effective date of this act, without needing to comply with the conditions set forth in subsection (2) (b) through (d) of this section."
Representatives Flemming, Carlson and Dyer spoke in favor of the adoption of the amendment and the amendment was adopted.
With the consent of the House, Representative Mielke withdrew amendment number 1021 to Second Substitute House Bill No. 2605.
The bill was ordered engrossed. With consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2605.
Representatives Jacobsen, Brumsickle, Carlson and Shin spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2605, and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Dellwo, Dorn, Dunshee, Dyer, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Voting nay: Representative Edmondson - 1.
Excused: Representatives Cothern and Riley - 2.
Engrossed Second Substitute House Bill No. 2605, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1242, by Representatives King, Heavey, G. Cole, Jones, Springer and Veloria
Allowing compensation for injured workers during industrial insurance appeals.
The bill was read the second time. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment see Journal 8th Day, January 17, 1994.)
Representative Heavey moved the adoption of the committee amendment. Representative Heavey spoke in favor of adoption of the committee amendment and it was adopted.
Representative Dyer moved adoption of the following amendment by Representative Dyer:
On page 3, line 16, after "51.32.240(3)" insert "and subject to the filing by the worker of a bond in an amount determined by the board to be sufficient to cover the anticipated cost of the compensation or benefits paid to the worker under this subsection during the appeal period. The bond shall not be required if the worker demonstrates that his or her total income is two hundred percent or less of the federal poverty level for a family unit consisting of the same number of persons as the worker's family unit, as most recently published by the United States department of health and human services"
Representative Dyer spoke in favor of the adoption of the amendment and Representative Heavey spoke against it. The amendment was not adopted.
Representative Lisk moved adoption of the following amendment by Representative Lisk:
On page 3, line 15, after "board" strike ", subject to the requirements of RCW 51.32.240(3)"
On page 3, after line 16, insert the following:
"Sec. 2. RCW 51.16.140 and 1989 c 385 § 3 are each amended to read as follows:
(1) Every employer who is not a self-insurer shall deduct from the pay of each of his or her workers:
(a) One-half of the amount ((he or she)) the employer is required to pay, for medical benefits within each risk classification. Such amount shall be periodically determined by the director and reported by him or her to all employers under this title: PROVIDED, That the state governmental unit shall pay the entire amount into the medical aid fund for volunteers, as defined in RCW 51.12.035, and the state apprenticeship council shall pay the entire amount into the medical aid fund for registered apprentices or trainees, for the purposes of RCW 51.12.130. The deduction under this section is not authorized for premiums assessed under RCW 51.16.210; and
(b) Except as limited by subsection (3) of this section, a surcharge of one-half of one percent of the premium deduction made under (a) of this subsection.
(2) Except as limited by subsection (3) of this section, a self-insured employer shall deduct from the pay of each of his or her workers an amount equal to one-fourth of one percent of the basic manual premium rate established by the department for the applicable risk classification.
(3) The amount deducted under subsection (1)(b) of this section shall be paid by the employer along with the employer premiums required under this title. The amount deducted under subsection (2) of this section shall be paid quarterly to the department by the self-insured employer. The amounts remitted shall be deposited into the benefit repayment fund. The deduction may not be made under subsection (1)(b) or (2) of this section in any calendar quarter if in the immediately preceding calendar quarter the amount in the benefit payment fund is five hundred thousand dollars or more.
(((2))) (4) It shall be unlawful for the employer, unless specifically authorized by this title, to deduct or obtain any part of the premium or other costs required to be by him or her paid from the wages or earnings of any of his or her workers, and the making of or attempt to make any such deduction shall be a gross misdemeanor.
NEW SECTION. Sec. 3. A new section is added to chapter 51.44 RCW to read as follows:
The benefit repayment fund is created in the custody of the state treasurer. All receipts from the deductions required under RCW 51.16.140(1)(b) and (2) shall be deposited into the fund. Transfers from the benefit repayment fund to the medical aid fund or the accident fund, or payments from the fund to self-insured employers, as applicable, shall be made when benefits are paid under RCW 51.52.060(5) and the department order granting benefits is reversed or modified resulting in an overpayment of benefits to the worker."
Representatives Lisk, Horn and Long spoke in favor of the adoption of the amendment and Representatives King and Heavey spoke against it. The amendment was not adopted.
The bill was ordered engrossed. 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 King spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 1242, and the bill passed the House by the following vote: Yeas - 62, Nays - 33, Absent - 1, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Campbell, Caver, Chappell, Cole, G., Conway, 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, Leonard, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Roland, Romero, Rust, Schmidt, Scott, Shin, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 62.
Voting nay: Representatives Backlund, Ballard, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Lemmon, Lisk, Long, McMorris, Mielke, Padden, Rayburn, Reams, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L. and Van Luven - 33.
Absent: Representative Springer - 1.
Excused: Representatives Cothern and Riley - 2.
Engrossed House Bill No. 1242, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Peery, the House adjourned until 9:30 a.m., Tuesday, February 15, 1994.
BRIAN EBERSOLE, Speaker
MARILYN SHOWALTER, Chief Clerk