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FIFTY-FIRST DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Tuesday, March 1, 1994
The House was called to order at 9:00 a.m. by the Speaker (Representative Rust presiding). The Clerk called the roll and a quorum was present.
The Speaker assumed the chair.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Damon McCullough and Jon Dower. Prayer was offered by Representative Backlund.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
MOTION
Representative Peery moved that the House immediately consider Senate Bill No. 6345 and Senate Bill No. 6346 on the second reading calendar. The motion was carried.
SENATE BILL NO. 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.
Senate Bill No. 6345 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 stated the question before the House to be final passage of Senate Bill No. 6345.
MOTIONS
On motion of Representative J. Kohl, Representatives Riley, Anderson, G. Fisher, Mastin, Wineberry, Campbell Appelwick, Morris, Springer and Jacobsen were excused.
On motion of Representative Wood, Representative Tate was excused.
Representatives Veloria, Reams and Karahalios spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6345, and the bill passed the House by the following vote: Yeas - 87, Nays - 0, Absent - 0, Excused - 11.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, McMorris, Meyers, R., Mielke, Moak, 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, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 87.
Excused: Representatives Anderson, Appelwick, Campbell, Fisher, G., Jacobsen, Mastin, Morris, Riley, Springer, Tate and Wineberry - 11.
Senate Bill No. 6345, having received the constitutional majority, was declared passed.
SENATE BILL NO. 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.
Senate Bill No. 6346 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 stated the question before the House to be final passage of Senate Bill No. 6346.
Representatives Veloria and Reams spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6346, and the bill passed the House by the following vote: Yeas - 86, Nays - 0, Absent - 1, Excused - 11.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, McMorris, Meyers, R., Mielke, Moak, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 86.
Absent: Representative Silver - 1.
Excused: Representatives Anderson, Appelwick, Campbell, Fisher, G., Jacobsen, Mastin, Morris, Riley, Springer, Tate and Wineberry - 11.
Senate Bill No. 6346, having received the constitutional majority, was declared passed.
The Speaker 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 Engrossed Senate Bill No. 5018 on the second reading calendar. The motion was carried.
ENGROSSED SENATE BILL NO. 5018, by Senator Nelson
Allowing service of process on a marital community by serving either spouse.
Engrossed Senate Bill No. 5018 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 R. Meyers presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 5018.
Representatives Johanson and Padden spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5018, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, 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 - 97.
Excused: Representative Riley - 1.
Engrossed Senate Bill No. 5018, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5057, by Senate Committee on Law & Justice (originally sponsored by Senators A. Smith, Quigley, McCaslin and Erwin; by request of Law Revision Commission)
Correcting a double amendment related to exceptions to the right of privacy.
Substitute Senate Bill No. 5057 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 R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5057.
Representatives Johanson and Padden spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5057, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, 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 - 97.
Excused: Representative Riley - 1.
Substitute Senate Bill No. 5057, having received the constitutional majority, was declared passed.
SENATE BILL NO. 5697, by Senator Bluechel
Preempting local regulation of amateur radios.
Senate Bill No. 5697 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 R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 5697.
Representative Bray spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5697, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, 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 - 97.
Excused: Representative Riley - 1.
Senate Bill No. 5697, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5995, by Senate Committee on Transportation (originally sponsored by Senators Skratek, Erwin, Vognild, Drew, Winsley, Sheldon, Pelz, Nelson, McAuliffe and M. Rasmussen)
Penalizing reckless endangerment of highway workers.
Engrossed Substitute Senate Bill No. 5995 was read the second time.
Representative Jones moved adoption of the following amendment by Representative R.Meyers:
On page 2, line 5 after "is a" strike "class C felony" and insert "gross misdemeanor"
Representative Jones spoke in favor of adoption of the amendment.
Representative Peery moved that the House defer further consideration of Engrossed Substitute Senate Bill No. 5995 and the bill held its place on the second reading calendar. The motion was carried.
SENATE BILL NO. 6021, by Senators Haugen and Winsley
Providing a procedure for consolidation or dissolution of emergency service communication districts.
Senate Bill No. 6021 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 R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 6021.
Representatives Springer and Edmondson spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6021, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, 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 - 97.
Excused: Representative Riley - 1.
Senate Bill No. 6021, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6065, by Senators Ludwig, Nelson, Wojahn, Fraser, Snyder, Bauer and A. Smith
Allowing costs to be imposed against a defaulting defendant.
Senate Bill No. 6065 was read the second time.
Representative Eide moved adoption of the following amendment by Representative Eide:
On page 2, line 5, after "defendant." insert "However, if the defendant is acquitted on the underlying action, the costs for preparing and serving a warrant for failure to appear do not survive the acquittal, and the judgment that such costs would otherwise constitute shall be vacated."
Representative Eide spoke in favor of adoption of the amendment and it was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 6065 as amended by the House.
Representatives Johanson and Padden spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6065 as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, 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 - 97.
Excused: Representative Riley - 1.
Senate Bill No. 6065 as amended by the House, having received the constitutional majority, was declared passed.
With the consent of the House, the House deferred consideration of Substitute Senate Bill No. 6066 and the bill held its place on the second reading calendar.
SUBSTITUTE SENATE BILL NO. 6069, by Senate Committee on Government Operations (originally sponsored by Senators Haugen, Winsley, Prentice and Pelz)
Authorizing additional nonvoter-approved municipal indebtedness.
Substitute Senate Bill No. 6069 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 R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6069.
Representatives Springer and Edmondson 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 Substitute Senate Bill No. 6069, and the bill passed the House by the following vote: Yeas - 61, Nays - 36, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballard, Basich, Bray, Brough, Carlson, Caver, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Holm, Horn, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Leonard, Linville, Meyers, R., Moak, Morris, Myers, H., Ogden, Patterson, Peery, Pruitt, Quall, Roland, Romero, Rust, Schmidt, Scott, Sommers, Springer, Thibaudeau, Thomas, B., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 61.
Voting nay: Representatives Backlund, Ballasiotes, Brown, Brumsickle, Campbell, Casada, Chandler, Chappell, Cooke, Foreman, Forner, Fuhrman, Heavey, Johanson, Kremen, Lemmon, Lisk, Long, Mastin, McMorris, Mielke, Orr, Padden, Rayburn, Reams, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Stevens, Talcott, Tate, Thomas, L. and Van Luven - 36.
Excused: Representative Riley - 1.
Substitute Senate Bill No. 6069, having received the constitutional majority, was declared passed.
Please change my vote from a AYE to NAY on Substitute Senate Bill No. 6069.
KAREN SCHMIDT, 23rd District
SUBSTITUTE SENATE BILL NO. 6083, by Senate Committee on Labor & Commerce (originally sponsored by Senators Moore, Amondson, Prentice, Prince and Erwin; by request of Attorney General)
Changing the mortgage brokers practices act.
Substitute Senate Bill No. 6083 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 R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6083.
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 Senate Bill No. 6083, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, 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 - 97.
Excused: Representative Riley - 1.
Substitute Senate Bill No. 6083, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6100, by Senate Committee on Agriculture (originally sponsored by Senators M. Rasmussen, Newhouse, Snyder, Prentice and Fraser; by request of Department of Agriculture)
Modifying the Washington pesticide application act.
The bill was read the second time. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment see Journal, 40th Day, February 18, 1994.)
Representative Heavey moved the adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6100 as amended by the House.
Representatives Heavey and Horn spoke in favor of passage of the bill and Representative Schoesler spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6100 as amended by the House, and the bill passed the House by the following vote: Yeas - 78, Nays - 19, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Finkbeiner, Fisher, G., Fisher, R., Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Long, Mastin, Meyers, R., Moak, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Scott, Sheldon, Shin, Sommers, Springer, Tate, Thibaudeau, Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 78.
Voting nay: Representatives Ballard, Dyer, Eide, Flemming, Fuhrman, Johanson, Lisk, McMorris, Mielke, Morris, Padden, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Thomas, B. and Wood - 19.
Excused: Representative Riley - 1.
Substitute Senate Bill No. 6100 as amended by the House, having received the constitutional majority, was declared passed.
With the consent of the House, the House deferred consideration of Engrossed Substitute Senate Bill No. 6111 and the bill held its place on the second reading calendar.
SENATE BILL NO. 6202, by Senators Vognild and Nelson
Regulating the size and weight of motor vehicles.
Senate Bill No. 6202 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 R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 6202.
Representative Brown spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6202, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, 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 - 97.
Excused: Representative Riley - 1.
Senate Bill No. 6202, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6282, by Senate Committee on Labor & Commerce (originally sponsored by Senators Wojahn and Winsley; by request of Department of Labor & Industries)
Regulating time limits for industrial safety and health appeals.
Substitute Senate Bill No. 6282 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 R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6282.
Representatives Heavey and Lisk spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6282, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, 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 - 97.
Excused: Representative Riley - 1.
Substitute Senate Bill No. 6282, having received the constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 6284, by Senators Wojahn, Amondson, Pelz, Winsley, Haugen, Quigley, Drew, Erwin, Spanel, Fraser and Ludwig
Obtaining a real estate broker's or salesperson's license.
The bill was read the second time. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment see Journal, 43rd Day, February 21, 1994.)
Representative Heavey moved the adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 6284 as amended by the House.
Representatives Heavey and Lisk spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6284 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, 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.
Voting nay: Representative Brough - 1.
Excused: Representative Riley - 1.
Engrossed Senate Bill No. 6284 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6305, by Senate Committee on Labor & Commerce (originally sponsored by Senators Snyder, Skratek, Roach, Nelson, Loveland, West, Winsley and M. Rasmussen)
Revising the process for employment of minors as actors or performers in film, video, or theatrical productions.
Substitute Senate Bill No. 6305 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 R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6305.
Representatives Heavey and Van Luven spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6305, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, 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 - 97.
Excused: Representative Riley - 1.
Substitute Senate Bill No. 6305, having received the constitutional majority, was declared passed.
SENATE JOINT MEMORIAL NO. 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.
Senate Joint Memorial No. 8029 was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the memorial was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Joint Memorial No. 8029.
Representatives Johanson and Padden spoke in favor of passage of the memorial.
ROLL CALL
The Clerk called the roll on the final passage of Senate Joint Memorial No. 8029, and the memorial passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, 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 - 97.
Excused: Representative Riley - 1.
Senate Joint Memorial No. 8029, having received the constitutional majority, was declared passed.
With the consent of the House, the House resumed consideration of Engrossed Substitute Senate Bill No. 5995.
Representative Schmidt spoke in favor of adoption of the amendment on page 2, line 5 and it was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5995 as amended by the House.
Representatives Jones and Schmidt spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5995 as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, 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 - 97.
Excused: Representative Riley - 1.
Engrossed Substitute Senate Bill No. 5995 as amended by the House, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the eighth order of business.
RESOLUTION
HOUSE RESOLUTION NO. 94-4699, by Representatives Stevens, Brough and Edmondson
WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and
WHEREAS, Dixy Lee Ray exhibited the highest level of excellence in her absolute commitment to empirical evidence, the facts, and the truth throughout her entire life; and
WHEREAS, Dixy Lee Ray had a long and successful career in education and administration, which earned her distinction and stature as a national leader in science with a thorough grasp of complex and highly controversial issues; and
WHEREAS, Dixy Lee Ray was a notable marine biologist and public servant who received international recognition for her research in marine biology and her work in developing a national science policy for the United States; and
WHEREAS, Dixy Lee Ray spent her life fighting the battle against what she believed to be the dilution of science in public life, the withering of science education in schools, and the politicization of science in the public policy arena; and
WHEREAS, Dixy Lee Ray lived by the rule that the way to achieve truth is through objective, rigorous experiments and if you can't prove something, don't state it as fact; and
WHEREAS, Dixy Lee Ray exposed what she believed to be the myths of doom and gloom propelled by the distortions and exaggerations of environmental alarmism, such as global cooling, global warming, the disappearing ozone layer, the number of disappearing animal species, the vanishing rain forests, the energy shortages of natural gas or oil, and the absolutism against the use of nuclear power; and
WHEREAS, Dixy Lee Ray was born in Tacoma, Washington, on September 3, 1914, where she was raised learning the traditions and values that made America great; and
WHEREAS, Dixy Lee Ray attended local public schools in Tacoma, Washington, and graduated from Stadium High School in Tacoma in 1933; and
WHEREAS, Dixy Lee Ray obtained a Bachelor of Arts Degree from Mills College in Oakland, California, in 1937; a Master of Arts Degree from Mills College in Oakland, California, in 1938; and a Doctor of Philosophy in Biological Sciences, from Stanford University in Stanford, California, in 1945; and
WHEREAS, Dixy Lee Ray served as a teacher in the Oakland Public Schools and the Pacific Grove Public Schools in California from 1939 to 1942; and
WHEREAS, Dixy Lee Ray served as Associate Professor of Zoology on the faculty of the University of Washington in Seattle, Washington, from 1945 to 1976; and
WHEREAS, Dixy Lee Ray served as a member of the National Academy of Science Committee on Oceanography from 1957 to 1963; and
WHEREAS, Dixy Lee Ray served as Special Consultant in Biological Oceanography with the United States National Science Foundation from 1960 to 1963; and
WHEREAS, Dixy Lee Ray served as United States Representative for the Organization for Economic Cooperation and Development for Science from 1960 to 1965; and
WHEREAS, Dixy Lee Ray served as Director of the Pacific Science Center in Seattle, Washington, from 1963 to 1972; and
WHEREAS, Dixy Lee Ray served as Visiting Professor at Stanford University in Stanford, California, and as Chief Scientist for the TE VEGA Expedition of the International Indian Ocean Expedition in 1964; and
WHEREAS, Dixy Lee Ray served as Chairman of the United States Atomic Energy Commission from 1972 to 1975; and
WHEREAS, Dixy Lee Ray served as Assistant Secretary of State with the United States Department of State, Bureau of Oceans, International and Environmental and Scientific Affairs in 1975; and
WHEREAS, Dixy Lee Ray served as Governor of the state of Washington from 1977 to 1981; and
WHEREAS, Dixy Lee Ray served as Senior Scholar, Environmental Health and Safety, at Temple University in Philadelphia, Pennsylvania; and
WHEREAS, Dixy Lee Ray served as a consultant for the Argonne National Laboratory in Argonne, Illinois; the Lawrence Livermore National Laboratory in Livermore, California; the Los Alamos National Laboratory in Los Alamos, New Mexico; and the United States Department of Energy in Washington, D.C.; and as a member of the Investment Policy Advisory Committee, United States Trade Representative Office; and
WHEREAS, Dixy Lee Ray served as a founding member of the Board of Trustees and Adjunct Scholar for the Washington Institute for Policy Studies in Seattle, Washington; as a member of the Board of Trustees for St. Martin's College in Lacey, Washington; and as a member of the Board of Trustees and treasurer for the Greater Tacoma Community Foundation in Tacoma, Washington; and
WHEREAS, Dixy Lee Ray has been the deserving recipient of numerous prestigious honors and awards including, United Nations Peace Medal, Guggenheim Fellowship, American Agriwomen Veritas Award, Woman of Achievements in Energy Award, Woman Judges of Washington Honoree, Washington State Legislature Susan B. Anthony Award, United States Reserve Officer's Association Nathan Hale Award, Freedom Foundation at Valley Forge American Exemplar Medal, Phi Beta Sigma Fraternity and Zeta Phi Beta Sorority First Annual Humanitarian Award, Western Society of Engineers Washington Award, Disabled American Veterans National Commanders Award, Harper's Bazaar Top Ten Most Influential Women in the United States, State of Israel Bond Organization Man of the Year, Independent Order of Odd Fellows Thomas Wildey Award, Francis K. Hutchison Medal for Service in Conservations, Francis Boyer Science Award, and Outstanding Women of Science Award; and
WHEREAS, Dixy Lee Ray authored the bestseller Trashing The Planet, published by Regnery Gateway, Inc. in 1990, and Environmental Overkill: Whatever Happened to Common Sense, published by Regnery Gateway, Inc. in 1993; and
WHEREAS, Dixy Lee Ray enjoyed speaking, writing, Native American wood carving, and running her small family farm and orchard raising fruits, vegetables, and poultry; and
WHEREAS, Dixy Lee Ray served the people of Washington and the United States well throughout her years of tireless vocations in both the public and private sectors by providing what she believed to be balanced, honest, and understandable information on the critical issues of energy, environment, and science; and
WHEREAS, Dixy Lee Ray firmly established herself as an intelligent, knowledgeable, articulate, fair-minded, credible, competent, and distinguished professional; and
WHEREAS, Dixy Lee Ray was known as an entertaining, provocative, persuasive, no-holds-barred personality who combined a unique blend of conservatism, enthusiasm, panache, and common sense; and
WHEREAS, Dixy Lee Ray paved the way for other scientists and academics to hold those in power and their special interest groups accountable through her example of personal integrity, discipline, brilliance, and courage; and
WHEREAS, Dixy Lee Ray is a source of great pride to the citizens of the state of Washington;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor Dixy Lee Ray for the dedicated service that characterized her life's work, for the outstanding example of diligence and excellence she set for others, and for the hope that her struggles gave future generations for a satisfying and successful life as responsible stewards of planet earth.
Representative Stevens moved adoption of the resolution. Representatives Stevens and Thibaudeau spoke in favor of adoption of the resolution.
House Resolution No. 4699 was adopted.
Representative Peery moved that the House recess until 1:30 p.m. The motion was carried.
The Speaker (Representative R. Meyers presiding) declared, the House to be at recess until 1:30 p.m.
AFTERNOON SESSION
The Speaker called the House to order at 1:30 p.m.
The Clerk called the roll and a quorum was present.
MOTION
Representative Peery moved that the House immediately consider Engrossed Senate Bill No. 6037 on the second reading calendar. The motion was carried.
ENGROSSED SENATE BILL NO. 6037, by Senators Owen and Oke
Increasing the reward for information regarding certain violations.
The bill was read the second time. Committee on Natural Resources & Parks recommendation: Majority, do pass as amended. (For committee amendment see Journal, 43rd Day, February 21, 1994.)
Representative Pruitt moved the adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 6037 as amended by the House.
Representatives Pruitt and Stevens spoke in favor of passage of the bill.
MOTIONS
On motion of Representative J. Kohl, Representatives Riley and Wolfe were excused.
On motion of Representative Wood, Representatives Mielke and Dyer were excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6037 as amended by the House, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 1, Excused - 4.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, 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., 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, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wood, Zellinsky and Mr. Speaker - 93.
Absent: Representative Stevens - 1.
Excused: Representatives Dyer, Mielke, Riley and Wolfe - 4.
Engrossed Senate Bill No. 6037 as amended by the House, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 1, 1994
Mr. Speaker:
The President has signed:
and the same are herewith transmitted.
Marty Brown, Secretary
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE SENATE BILL NO. 6039, by Senate Committee on Transportation (originally sponsored by Senators Gaspard, Prince, Vognild, Nelson and Erwin)
Establishing procedures for changing a vehicle dealer's relevant market area.
The bill was read the second time. Committee on Transportation recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative R. Fisher moved the adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6039 as amended by the House.
Representative Zellinsky spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6039 as amended by the House, and the bill passed the House by the following vote: Yeas - 93, Nays - 3, 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, Cothern, Dellwo, Dorn, Dunshee, 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., 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, L., Valle, Van Luven, Veloria, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.
Voting nay: Representatives Dyer, Thomas, B. and Wang - 3.
Excused: Representatives Mielke and Riley - 2.
Substitute Senate Bill No. 6039 as amended by the House, having received the constitutional majority, was declared passed.
With the consent of the House, the House deferred consideration of Substitute Senate Bill No. 6195 and the bill held its place on the second reading calendar.
SECOND SUBSTITUTE SENATE BILL NO. 6276, by Senate Committee on Ways & Means (originally sponsored by Senators Haugen, Winsley, Nelson and M. Rasmussen; by request of Secretary of State)
Regulating trademarks.
Second Substitute Senate Bill No. 6276 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 stated the question before the House to be final passage of Second Substitute Senate Bill No. 6276.
Representatives G. Cole and Lisk spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6276, 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, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., 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 Mielke and Riley - 2.
Second Substitute Senate Bill No. 6276, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6367, by Senators Moore and Newhouse
Regulating microbreweries.
Senate Bill No. 6367 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 stated the question before the House to be final passage of Senate Bill No. 6367.
Representatives G. Cole, Lisk and Lemmon spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6367, 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, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., 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 Mielke and Riley - 2.
Senate Bill No. 6367, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6447, by Senate Committee on Education (originally sponsored by Senator Prince)
Adopting a formula for transmitting funds for transfer students.
The bill was read the second time. Committee on Education recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Dorn moved the adoption of the committee amendment. Representative Dorn spoke in favor of adoption of the committee amendment and Representative Padden spoke against it. The committee amendment was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6447 as amended by the House.
Representatives Dorn and Brough spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6447 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., 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 Mielke and Riley - 2.
Substitute Senate Bill No. 6447 as amended by the House, having received the constitutional majority, was declared passed.
With the consent of the House, the House deferred consideration of Substitute Senate Bill No. 6463 and the bill held its place on the second reading calendar.
SENATE BILL NO. 6516, by Senators West, Talmadge, Moyer, Snyder and Anderson
Creating the Warren Featherstone Reid award for excellence in health care.
The bill was read the second time. Committee on Health Care recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Dellwo moved the adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Senate Bill No. 6516 as amended by the House.
Representative Dellwo spoke in favor of passage of the bill and Representative Backlund spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6516 as amended by the House, and the bill passed the House by the following vote: Yeas - 70, Nays - 27, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Brumsickle, Campbell, Carlson, Caver, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Long, Mastin, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Scott, Sheldon, Shin, Silver, Sommers, Springer, Thibaudeau, Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe and Zellinsky - 70.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Brough, Casada, Chandler, Cooke, Dyer, Foreman, Forner, Fuhrman, Horn, Kremen, Lisk, McMorris, Padden, Schmidt, Schoesler, Sehlin, Sheahan, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Wood and Mr. Speaker - 27.
Excused: Representative Riley - 1.
Senate Bill No. 6516 as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6547, by Senate Committee on Health & Human Services (originally sponsored by Senators Sheldon, Niemi, Prentice and Anderson)
Providing for auditing of mental health systems.
The bill was read the second time. Committee on Human Services recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Leonard moved the adoption of the committee amendment. Representatives Leonard and Cooke spoke in favor of adoption of the committee amendment. The committee amendment was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6547 as amended by the House.
Representatives Leonard and Cooke spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6547 as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, 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 - 97.
Excused: Representative Riley - 1.
Engrossed Substitute Senate Bill No. 6547 as amended by the House, having received the constitutional majority, was declared passed.
With the consent of the House, the House deferred consideration of Substitute Senate Bill No. 6561 and the bill held its place on the second reading calendar.
SENATE JOINT MEMORIAL NO. 8030, by Senators Oke, Owen, Hochstatter, Hargrove, Roach, Erwin, L. Smith, Spanel, Haugen and Snyder
Requesting a modification of the Marine Mammal Protection Act.
The memorial was read the second time. Committee on Fisheries & Wildlife recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative King moved the adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the memorial was placed on final passage.
The Speaker stated the question before the House to be final passage of Senate Joint Memorial No. 8030 as amended by the House.
Representatives King, Fuhrman, Basich, Sehlin and J. Kohl spoke in favor of passage of the memorial.
ROLL CALL
The Clerk called the roll on the final passage of Senate Joint Memorial No. 8030 as amended by the House, and the memorial passed the House by the following vote: Yeas - 86, Nays - 11, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Wang, Wineberry, Wood, Zellinsky and Mr. Speaker - 86.
Voting nay: Representatives Anderson, Brown, Cole, G., Fisher, R., Flemming, Kessler, Myers, H., Romero, Thibaudeau, Veloria and Wolfe - 11.
Excused: Representative Riley - 1.
Senate Joint Memorial No. 8030 as amended by the House, having received the constitutional majority, was declared passed.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE HOUSE BILL NO. 1090,
SUBSTITUTE HOUSE BILL NO. 1339,
SUBSTITUTE HOUSE BILL NO. 2370,
ENGROSSED HOUSE BILL NO. 2376,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2388,
SUBSTITUTE HOUSE BILL NO. 2430,
SUBSTITUTE HOUSE BILL NO. 2438,
SUBSTITUTE HOUSE BILL NO. 2443,
SUBSTITUTE HOUSE BILL NO. 2566,
SUBSTITUTE HOUSE BILL NO. 2608,
ENGROSSED SUBSTITUTE SENATE BILL NO. 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.
The bill was read the second time. Committee on State Government recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Anderson moved the adoption of the committee amendment.
Representative Campbell moved adoption of the following amendment by Representative Campbell to the committee amendment:
On page 15, line 35, after "expenditure;" insert "and"
On page 15, beginning with ";and" on line 37, strike all material to and including "responsibilities" on page 16, line 6
Representative Campbell spoke in favor of the adoption of the amendment to the committee amendment and Representatives Anderson and Reams spoke against it.
The amendment to the committee amendment was not adopted.
Representative Brough moved adoption of the following amendment by Representative Brough to the committee amendment:
On page 18, beginning on line 1, strike everything through line 5 and insert the following:
"(a" Two former senators, one former member from each of the two largest caucuses in the senate, who shall be appointed by each caucus;
(b) Two former representatives, one former member from each of the two largest caucuses in the house of representatives, who shall be appointed by each caucus;"
Representatives Brough, Talcott and Campbell spoke in favor of the adoption of the amendment to the committee amendment and Representatives Anderson, Carlson, R. Fisher, Reams, Leonard and Karahalios spoke against it.
Representative Brough again spoke in favor of adoption of the amendment to the committee amendment.
The amendment to the committee amendment was not adopted.
Representative Heavey moved adoption of the following amendment by Representative Heavey and Padden to the committee amendment:
On page 19, after line 25, insert the following new section:
NEW SECTION. Sec. 203. By constitutional design, the legislature consists of citizen-legislators who bring to bear on the legislative process their individual experience and expertise. The provisions of this act shall be interpreted in light of this constitutional principle."
On page 41, line 31, strike "204 through 220, 222, 223, 226" and insert "203, 205 through 221, 223, 224, 227"
On page 41, beginning on line 33, strike "206 through 223" and insert "204, 207 through 224"
Representatives Heavey, Padden and Anderson spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Van Luven moved adoption of the following amendment by Representative Van Luven to the committee amendment:
On page 23, after line 22, insert the following:
"(4) The respondent may challenge a board member. The respondent is entitled to one peremptory challenge and may challenge for good cause.
The board member against whom a peremptory challenge is made shall be disqualified from participation in the matter involving the respondent.
The board member against whom a challenge for cause is made shall be disqualified only if cause is determined to exist by a majority of the board members present. The board member challenged for cause shall not vote on whether cause for disqualification exists."
Representative Van Luven spoke in favor of the adoption of the amendment to the committee amendment and Representative Anderson spoke against it.
The amendment to the committee amendment was not adopted.
The committee amendment as amended was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6111 as amended by the House.
Representatives Peery, Horn, Forner, Carlson and Reams spoke in favor of passage of the bill and Representatives Heavey and Campbell spoke against it.
Representative Anderson yielded to a question by Representative Heavey.
Representative Heavey: Section 102 contains a broad conflict of interest provision. How, if at all, would the section change the current rules applicable to members of the legislature?
Representative Anderson: Washington operates under the "citizen-legislator" principle. It is intended that this measure be construed consistent with that principle and consistent with Joint Rule 2 which reflects that principle and provides, for example when voting that:
"A legislator has a personal interest which is in conflict with the proper discharge of legislative duties if the legislator has reason to believe or expect that a direct monetary gain or a direct monetary loss will be derived by reason of the legislator's official activity.
However, a legislator does not have a personal interest which is in conflict with the proper discharge of legislative duties if no benefit or detriment accrues to the legislator as a member of a business, profession, occupation, or group to a greater extent than to any other member of such business, profession, occupation or group".
Representative Anderson yielded to a question by Representative Padden.
Representative Padden: "Does the language of Section 101, Subsection (9) taken as a whole and specifically the language of (9) (d), (e) and (f) ensure that payments by a bona fide nonprofit organization, such as the National Conference of State Legislatures (NCSL) and the American Legislative Exchange Council (ALEC), of conference, seminar or program fees; reasonable expenses incurred in connection with or attributable to the conference, seminar or program are not considered "gifts" under this act?"
Representative Anderson: Thank you, Engrossed Substitute Senate Bill No. 6111 authorizes acceptance of payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by the NCSL, the American Legislative Exchange Council and other bona fide nonprofit professional, educational or trade associations or charitable institutions.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6111 as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, 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: Representatives Campbell and Heavey - 2.
Excused: Representative Riley - 1.
Engrossed Substitute Senate Bill No. 6111 as amended by the House, having received the constitutional majority, was declared passed.
Please change my vote from a NAY to a AYE on Engrossed Substitute Senate Bill No. 6100.
JEANNETTE WOOD, 21st District
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Peery, the House adjourned until 9:00 a.m., Wednesday, March 2, 1994.
BRIAN EBERSOLE, Speaker
MARILYN SHOWALTER, Chief Clerk