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FIFTY-THIRD DAY
__________
MORNING SESSION
_________
House Chamber, Olympia, Thursday, March 3, 1994
The House was called to order at 9:00 a.m. by the Speaker (Representative Anderson 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 Maro Gjurasic and Taura Lemmon. Prayer was offered by Representative Cooke.
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 third order of business.
MESSAGES FROM THE SENATE
March 2, 1994
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 1955,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2198,
ENGROSSED HOUSE BILL NO. 2523,and the same are herewith transmitted.
Marty Brown, Secretary
March 2, 1994
Mr. Speaker:
The President has signed:
ENGROSSED SENATE BILL NO. 5154,
SUBSTITUTE SENATE BILL NO. 5819,
SUBSTITUTE SENATE BILL NO. 6006,
SUBSTITUTE SENATE BILL NO. 6098,
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 4435 by Representatives Peery, Ballard and Finkbeiner
Providing the public with electronic access to public legislative information.
SB 6151 by Senators A. Smith, Ludwig, Quigley and Niemi; by request of Department of Corrections
Revising provisions relating to discharge of offenders.
Referred to the Committee on Rules for second reading.
2SSB 6237 by Senate Committee on Ways & Means (originally sponsored by Senators Franklin, M. Rasmussen, Winsley, Erwin, Quigley, Sellar and Oke; by request of Department of Veterans Affairs)
Implementing the veteran estate management program.
E2SSB 6291 by Senate Committee on Ways & Means (originally sponsored by Senators M. Rasmussen, Prince, McCaslin, Bauer, Winsley and Newhouse)
Affecting the processing of water rights.
Referred to the Committee on Rules for second reading.
SSB 6307 by Senate Committee on Health & Human Services (originally sponsored by Senators Talmadge and Winsley; by request of Health Care Authority)
Clarifying health care authority powers and duties.
SB 6584 by Senator Rinehart; by request of Department of Social and Health Services
Providing benefits under the family emergency assistance program.
Referred to the Committee on Rules for second reading.
SB 6604 by Senator Rinehart; by request of Department of Social and Health Services
Changing provisions regarding incapacitated persons who are medicaid recipients.
Increasing access to health insurance for retired and disabled state and school district employees.
On motion of Representative Peery, the bills and resolution listed on today's introduction sheet under the fourth order of business were referred to the committees so designated with the exceptions of House Concurrent Resolution No. 4437, Second Substitute Senate Bill No. 6237, Substitute Senate Bill No. 6307, Senate Bill No. 6604 and Senate Bill No. 6605.
MOTION
On motion of Representative Peery, the rules were suspended and House Concurrent Resolution No. 4435, Second Substitute Senate Bill No. 6237, Substitute Senate Bill No. 6307, Senate Bill No. 6604 and Senate Bill No. 6605 were advanced to the second reading calendar.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
MOTION
Representative Peery moved that the House immediately consider Substitute Senate Bill No. 5038 on the second reading calendar.
SUBSTITUTE SENATE BILL NO. 5038, by Senate Committee on Government Operations (originally sponsored by Senators Haugen and Winsley)
Creating a procedure for local government service agreements.
The bill was read the second time. Committee on Local Government recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative H. Myers moved the adoption of the committee amendment.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick to the committee amendment:
On page 5, after line 18, insert the following:
"Sec. 15. RCW 3.62.070 and 1993 c 317 s 8 are each amended to read as follows:
Except in traffic cases wherein bail is forfeited or a monetary penalty paid to a violations bureau, and except in cases filed in municipal departments established pursuant to chapter 3.46 RCW and except in cases where a city has contracted with another criminal or traffic infraction action filed by a city for an ordinance violation, the city shall be charged a filing fee. Fees shall be determined pursuant to an agreement as provided for in chapter 39.34 RCW, the interlocal cooperation act, between the city and the county providing the court service. In such criminal or traffic infraction actions the cost of providing services necessary for the preparation and presentation of a defense at public expense are not within the filing fee and shall be apid by the city. In all other criminal or traffic infraction actions, no filing fee shall be assessed or collected: PROVIDED, That in such cases, for the purposes of RCW 3.62.010, four dollars or the agreed filing fee of each fine or penalty, whichever is greater, shall be deemed filing costs.
((If, one hundred twenty days before the expiration of an existing contract under this section, the city and the county are unable to agree on terms for renewal, the matter shall be submitted to binding arbitration.)) In the event no agreement is reached between a city and the county providing the court service, either party may invoke binding arbitration on the fee issue by notice to the other party. In the case of establishing initial fees, the notice shall be thirty days. In the case of renewal or proposed non-renewal, the notice shall be given one hundred twenty days prior to the expiration of the existing contract. In the event that such issue is submitted to arbritration, the arbitrator or arbitrators shall only consider those additional costs borne by the county in providing district court services for such city. The city and the county shall each select one arbitrator, the two of whom shall pick a third arbitrator. The existing contract shall remain in effect until a new agreement is reached or until an arbritration award is made.
NEW SECTION. Sec. 16. Section 15 of this act shall take effect January 1, 1995."
Representatives Appelwick and Edmondson spoke in favor of the adoption of the amendment to the committee amendment and it was 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 Substitute Senate Bill No. 5038 as amended by the House.
The Speaker called upon Representative R. Meyers to preside.
Representatives H. Myers and Edmondson spoke in favor of passage of the bill and Representative Horn spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5038 as amended by the House, and the bill passed the House by the following vote: Yeas - 84, Nays - 14, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Sommers, Springer, Thibaudeau, Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 84.
Voting nay: Representatives Ballard, Casada, Dyer, Fuhrman, Horn, McMorris, Mielke, Orr, Padden, Silver, Stevens, Talcott, Tate and Thomas, B. - 14.
Substitute Senate Bill No. 5038 as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5061, by Senate Committee on Law & Justice (originally sponsored by Senators Fraser, Winsley and A. Smith)
Limiting residential time in parenting plans and visitation orders for abusive parents.
The bill was read the second time. Committee on Judiciary recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Johanson moved the 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 (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5061 as amended by the House.
Representatives Johanson and Long spoke in favor of passage of the bill.
On motion of Representative J. Kohl, Representatives Ebersole and Peery were excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5061 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., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Riley, 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 and Zellinsky - 96.
Excused: Representatives Peery and Mr. Speaker - 2.
Engrossed Substitute Senate Bill No. 5061 as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 5449, by Senator Hargrove
Changing provisions regarding judgments.
The bill was read the second time. Committee on Judiciary recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Johanson 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. 5449 as amended by the House.
Representative 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. 5449 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., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Riley, 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 and Zellinsky - 96.
Excused: Representatives Peery and Mr. Speaker - 2.
Engrossed Senate Bill No. 5449 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 Second Substitute Senate Bill No. 5468 and the bill held its place on the second reading calendar.
SECOND SUBSTITUTE SENATE BILL NO. 5698, by Senate Committee on Trade, Technology & Economic Development (originally sponsored by Senators Bluechel, Skratek, Sheldon, Williams and Erwin)
Assisting companies to adopt ISO-9000 quality standards.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 40th Day, February 18, 1994.)
Representative Valle 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 Second Substitute Senate Bill No. 5698 as amended by the House.
Representative Schoesler 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. 5698 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., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Riley, 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 and Zellinsky - 96.
Excused: Representatives Peery and Mr. Speaker - 2.
Second Substitute Senate Bill No. 5698 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5714, by Senate Committee on Labor & Commerce (originally sponsored by Senators Fraser, Moore and Barr)
Regulating vendor single-interest insurance.
The bill was read the second time. Committee on Financial Institutions & Insurance recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Zellinsky 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. 5714 as amended by the House.
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. 5714 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., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Riley, 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 and Zellinsky
Substitute Senate Bill No. 5714 as amended by the House, having received the constitutional majority, was declared passed.
SECOND SUBSTITUTE SENATE BILL NO. 5800, by Senate Committee on Law & Justice (originally sponsored by Senators Nelson, A. Smith and Winsley)
Increasing the penalty for violating human remains.
Second Substitute Senate Bill No. 5800 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 Second Substitute Senate Bill No. 5800.
Representatives Johanson and Padden 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. 5800, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 1, 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., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Riley, 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 and Zellinsky - 95.
Absent: Representative Sheldon - 1.
Excused: Representatives Peery and Mr. Speaker - 2.
Second Substitute Senate Bill No. 5800, having received the constitutional majority, was declared passed.
THIRD SUBSTITUTE SENATE BILL NO. 5918, by Senate Committee on Ways & Means (originally sponsored by Senators Drew, Sellar, Vognild, Bluechel and Winsley)
Allowing ride-sharing incentives to include cars.
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 (Representative R. Meyers presiding) stated the question before the House to be final passage of Third Substitute Senate Bill No. 5918 as amended by the House.
Representative Brown spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Third Substitute Senate Bill No. 5918 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., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Riley, 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 and Zellinsky - 96.
Excused: Representatives Peery and Mr. Speaker - 2.
Third Substitute Senate Bill No. 5918 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6007, by Senate Committee on Law & Justice (originally sponsored by Senators A. Smith and Nelson)
Revising provisions relating to crimes.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended by the Committee on Corrections. (For committee amendments see Journal, 50th Day, February 28, 1994.)
Representative Morris 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. 6007 as amended by the House.
Representatives Morris and Long spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6007 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., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Riley, 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 and Zellinsky - 96.
Excused: Representatives Peery and Mr. Speaker - 2.
Substitute Senate Bill No. 6007 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6045, by Senate Committee on Law & Justice (originally sponsored by Senators A. Smith, Nelson and Haugen)
Authorizing an additional ten years for execution of judgments.
The bill was read the second time. Committee on Judiciary recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Johanson 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. 6045 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 Substitute Senate Bill No. 6045 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., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Riley, 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 and Zellinsky - 96.
Excused: Representatives Peery and Mr. Speaker - 2.
Substitute Senate Bill No. 6045 as amended by the House, having received the constitutional majority, was declared passed.
With the consent of the House, the House deferred consideration of the following bills: Substitute Senate Bill No. 6047, Second Substitute Senate Bill No. 6053, Senate Bill No. 6055 and Substitute Senate Bill No. 6070 and the bills held their places on the second reading calendar.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6071, by Senate Committee on Ways & Means (originally sponsored by Senators Snyder and Hargrove)
Authorizing an additional six-year industrial development levy.
The bill was read the second time. Committee on Revenue recommendation: Majority, do pass as amended by Revenue (For committee amendments see Journal, 50th Day, February 28, 1994.), without the amendments by the Committee on Local Government.
Representative H. Myers moved the adoption of the committee amendment by Local Government.
Representatives H. Myers and Edmondson spoke against the committee amendment on Local Government. The amendment was not adopted.
Representative Holm moved the adoption of the committee amendment by Committee on Revenue 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 Substitute Senate Bill No. 6071 as amended by the House.
Representatives H. Myers, Edmondson and Basich 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. 6071 as amended by the house, and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 1, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, 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, 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, Pruitt, Quall, Rayburn, Reams, Riley, 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 and Zellinsky - 94.
Voting nay: Representative Fuhrman - 1.
Absent: Representative Brumsickle - 1.
Excused: Representatives Peery and Mr. Speaker - 2.
Engrossed Substitute Senate Bill No. 6071 as amended by the House, having received the constitutional majority, was declared passed.
RESOLUTION
HOUSE RESOLUTION NO. 94-4711, by Representative Stevens
WHEREAS, Duane and Anna Marie Weston have owned their 50 acre Tree Farm near Arlington in Snohomish county for 15 years; and
WHEREAS, Duane and Anna Marie Weston were named Washington State's 1992-93 Outstanding Tree Farmer of the Year; and
WHEREAS, This prestigious honor is given to the top nonindustrial tree farmer who has demonstrated exemplary forest management skills, substantial interest in the Tree Farm Program, abilities in relating to other landowners, and special human interest; and
WHEREAS, Duane and Anna Marie Weston were nominated for the finals from among one thousand one hundred certified tree farmers state-wide, were selected for the title from six finalists, and will compete in the regional competition and, if successful, the national competition; and
WHEREAS, Duane and Anna Marie Weston have done all the field work themselves until this year, when they contracted for logging only; and
WHEREAS, The total harvest this past year was three-and-one-half acres; and
WHEREAS, Three-quarters of an acre last year and another three acres this year were replanted, and just over one acre will be replanted next year; and
WHEREAS, The Westons have constructed one-and-one-half miles of fire break and walking trails through the property; and
WHEREAS, For the past seven years the Weston's Tree Farm has been a Boy Scout Campcraft Training Center for merit badge studies in natural resources; and
WHEREAS, Duane and Anna Marie Weston are active members of many forest-related associations, and Duane is active with the local chamber of commerce and the Snohomish County Forestry Advisory Committee for growth management; and
WHEREAS, Duane and Anna Marie Weston host tree farm tours for foresters, tree farmers, political candidates and decision makers, and local, state, and national groups to witness tree farm management, regulations, and economic factors; and
WHEREAS, Private nonindustrial forestry is an exercise in democracy and the private enterprise system; and
WHEREAS, Washington's Tree Farm Program is a part of the American Tree Farm System, with a nation-wide membership of nearly 70,000 landowners who collectively own 95 million acres; and
WHEREAS, Fifty-eight percent of the timber harvested in the United States comes from nonindustrial, private woodlands like the Weston's Tree Farm;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives commend Duane and Anna Marie Weston for being named Washington's Outstanding Tree Farmer of the Year; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Duane and Anna Marie Weston.
Representative Stevens moved adoption of the resolution. Representatives Stevens, Dunshee and Sheldon spoke in favor of the resolution.
House Resolution No. 4711 was adopted.
SUBSTITUTE SENATE BILL NO. 6082, by Senate Committee on Trade, Technology & Economic Development (originally sponsored by Senators Snyder, Bluechel, Amondson, Skratek, Hargrove, Sheldon, Owen, M. Rasmussen, Oke and Erwin)
Changing provisions relating to the center for international trade in forest products.
The bill was read the second time. Committee on Trade, Economic Development & Housing recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25 Day.)
Representative Wineberry 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. 6082 as amended by the House.
Representatives Ogden and Basich spoke in favor of passage of the bill and Representative Dunshee spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6082 as amended by the House, and the bill passed the House by the following vote: Yeas - 85, Nays - 11, Absent - 1, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Campbell, Carlson, Casada, Chandler, Chappell, Conway, Cooke, Cothern, Dorn, 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, Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 85.
Voting nay: Representatives Caver, Cole, G., Dellwo, Dunshee, Finkbeiner, Fisher, G., Meyers, R., Rust, Silver, Thibaudeau and Wang - 11.
Absent: Representative Brumsickle - 1.
Excused: Representative Peery - 1.
Substitute Senate Bill No. 6082 as amended by the House, having received the constitutional majority, was declared passed.
Representative Reams: Today is the 63rd Anniversary of the adoption of the Star Spangled Banner as our national anthem. The words were written by Francis Scott Key on September 14, 1918 after he was inspired by the sight of the U. S. flag at Fort McHenry. It didn't become the U. S. national anthem until it was signed into law March 3, 1931 by President Herbert Hoover. Thank you Mr. Speaker.
SUBSTITUTE SENATE BILL NO. 6089, by Senate Committee on Transportation (originally sponsored by Senators West, Bauer, A. Smith, Vognild, Talmadge, Nelson, Prince, Oke, Sutherland, Winsley, Sheldon, M. Rasmussen, Deccio, Erwin, Roach, Ludwig, Drew, Loveland, Sellar, Cantu, Morton and Skratek; by request of Washington State University)
Creating the collegiate license plate fund program.
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 Brown moved the 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 (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6089 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 Substitute Senate Bill No. 6089 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 1, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, 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, Pruitt, Quall, Rayburn, Reams, Riley, 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.
Absent: Representative Brumsickle - 1.
Excused: Representative Peery - 1.
Substitute Senate Bill No. 6089 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6093, by Senate Committee on Law & Justice (originally sponsored by Senators A. Smith and Nelson)
Revising the definition of "collection agency."
The bill was read the second time. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 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. 6093 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 Substitute Senate Bill No. 6093 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 1, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, 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, Pruitt, Quall, Rayburn, Reams, Riley, 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.
Absent: Representative Brumsickle - 1.
Excused: Representative Peery - 1.
Substitute Senate Bill No. 6093 as amended by the House, having received the constitutional majority, was declared passed.
SECOND SUBSTITUTE SENATE BILL NO. 6107, by Senate Committee on Ways & Means (originally sponsored by Senators Skratek, Sheldon and M. Rasmussen)
Allowing fees for services for the department of community, trade, and economic development.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended by Committee on Environmental Affairs. (For committee amendments see Journal, 50th Day, February 28, 1994.)
Representative Rust moved the adoption of the committee amendment. Representatives Rust and Horn 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 (Representative R. Meyers presiding) stated the question before the House to be final passage of Second Substitute Senate Bill No. 6107 as amended by the House.
Representative Rust 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. 6107 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 1, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, 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, Pruitt, Quall, Rayburn, Reams, Riley, 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.
Absent: Representative Brumsickle - 1.
Excused: Representative Peery - 1.
Second Substitute Senate Bill No. 6107 as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6123, by Senate Committee on Ecology & Parks (originally sponsored by Senators Fraser, Deccio, Amondson, Loveland, Snyder, Sellar, Skratek, Pelz and Winsley)
Modifying provisions of the model toxics control act.
The bill was read the second time. Committee on Environmental Affairs recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Rust moved the adoption of the committee amendment.
Representative Wineberry moved adoption of the following amendment by Representative Wineberry to the committee amendment:
On page 12, after line 18 of the amendment, insert the following:
"NEW SECTION. Sec. 8. The legislature finds that environmental policies are to protect human health and the environment for all areas of the state. The legislature finds that no analysis has been undertaken to determine if the state's environmental policies are adequately and equitably protecting people who live adjacent to industrial areas. The legislature therefore finds it in the public interest to identify and make recommendations for those areas of the state that: (1) Are subject to the highest reported releases of toxic chemicals; and (2) Contain the greatest number of environmental facilities.
NEW SECTION. Sec. 9. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 10 and 11 of this act.
(1) "Environmental facility" means a facility that:
(a) Is required to report under the toxic release inventory pursuant to the federal emergency planning and community right-to-know act (100 Stat. 1729; 42 U.S.C. Sec. 11001 et seq.);
(b) Is placed on the hazardous sites list as maintained by the department of ecology pursuant to RCW 70.105D.030; or
(c) Has an interim status or a final permit from either the department of ecology or the environmental protection agency as a treatment, storage, or disposal facility pursuant to chapter 70.105D RCW.
(2) "Toxic chemicals" means any substance reported under the toxic release inventory of the federal emergency planning and community right-to-know act (100 Stat. 1729; 42 U.S.C. Sec. 11001 et seq.).
(3) "Census tract" means a geographical area identified and designated in the state by the United States census bureau in the latest available census.
NEW SECTION. Sec. 10. By June 30, 1995, the department of ecology and the department of health shall jointly submit a report to the appropriate standing committees of the legislature providing information on the distribution of reported toxic chemical releases and environmental facilities. At a minimum, the report shall include the following elements:
(1) A list of census tracts ranked in order by the number of permitted environmental facilities and by the amount of toxic chemicals released during the previous five years; and
(2) Recommendations on further studies or actions that could be taken by the legislature or the departments of ecology and health to address environmental equity concerns.
NEW SECTION. Sec. 11. The study authorized under section 10 of this act shall not apply to toxic chemical releases or environmental facilities associated with agricultural operations, including those that use, store, or dispose of pesticides or herbicides."
Representative Rust: I request a ruling on the scope and object of the amendment to Engrossed Substitute Senate Bill No. 6123.
With the consent of the House, the House deferred further consideration of Engrossed Substitute Senate Bill No. 6123.
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.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
MESSAGES FROM THE SENATE
March 3, 1994
Mr. Speaker:
The President has signed:
ENGROSSED SENATE BILL NO. 5692,
SUBSTITUTE SENATE BILL NO. 6195,
SUBSTITUTE SENATE BILL NO. 6371,
ENGROSSED SENATE BILL NO. 6404,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6461,
SUBSTITUTE SENATE BILL NO. 6463,
SUBSTITUTE SENATE BILL NO. 6558,
SUBSTITUTE SENATE BILL NO. 6561,
and the same are herewith transmitted.
Marty Brown, Secretary
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 6481,
SUBSTITUTE SENATE BILL NO. 6492,
SUBSTITUTE SENATE BILL NO. 6505,
SECOND SUBSTITUTE SENATE JOINT MEMORIAL NO. 8003,
SENATE JOINT MEMORIAL NO. 8013,
SENATE JOINT MEMORIAL NO. 8027,
SENATE CONCURRENT RESOLUTION NO. 8422,
and the same are herewith transmitted.
Marty Brown, Secretary
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 2246,
ENGROSSED HOUSE BILL NO. 2327,
SUBSTITUTE HOUSE BILL NO. 2540,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE HOUSE BILL NO. 2164,
SUBSTITUTE HOUSE BILL NO. 2178,
SUBSTITUTE HOUSE BILL NO. 2191,
SUBSTITUTE HOUSE BILL NO. 2334,
ENGROSSED HOUSE BILL NO. 2561,
SUBSTITUTE HOUSE BILL NO. 2614,
SUBSTITUTE HOUSE BILL NO. 2618,
SUBSTITUTE HOUSE BILL NO. 2771,
ENGROSSED SENATE BILL NO. 5154,
SUBSTITUTE SENATE BILL NO. 5819,
SUBSTITUTE SENATE BILL NO. 6006,
SUBSTITUTE SENATE BILL NO. 6098,
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
ENGROSSED SENATE BILL NO. 5692,
SUBSTITUTE SENATE BILL NO. 6195,
SUBSTITUTE SENATE BILL NO. 6371,
ENGROSSED SENATE BILL NO. 6404,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6461,
SUBSTITUTE SENATE BILL NO. 6463,
SUBSTITUTE SENATE BILL NO. 6481,
SUBSTITUTE SENATE BILL NO. 6492,
SUBSTITUTE SENATE BILL NO. 6505,
SUBSTITUTE SENATE BILL NO. 6558,
SUBSTITUTE SENATE BILL NO. 6561,
SECOND SUBSTITUTE SENATE JOINT MEMORIAL NO. 8003,
SENATE JOINT MEMORIAL NO. 8013,
SENATE JOINT MEMORIAL NO. 8027,
SENATE CONCURRENT RESOLUTION NO. 8422,
There being no objection, the House advanced to the sixth order of business.
SECOND READING
MOTION
Representative Peery moved that the House immediately consider Engrossed Senate Bill No. 6564 on the second reading calendar. The motion was carried.
ENGROSSED SENATE BILL NO. 6564, by Senator Vognild
Authorizing Snohomish county to levy a hotel and motel tax for public stadium, convention, performing arts, and/or visual arts facilities.
Engrossed Senate Bill No. 6564 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 Engrossed Senate Bill No. 6564.
Representatives Holm, Karahalios, Shin and Wood spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6564, and the bill passed the House by the following vote: Yeas - 82, Nays - 16, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballasiotes, Basich, Bray, Brown, Brumsickle, Carlson, Caver, Chandler, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, 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, Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheldon, Shin, Sommers, Springer, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 82.
Voting nay: Representatives Ballard, Brough, Campbell, Casada, Chappell, Forner, Fuhrman, Meyers, R., Mielke, Padden, Quall, Reams, Sheahan, Silver, Tate and Van Luven - 16.
Engrossed Senate Bill No. 6564, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6571, by Senate Committee on Labor & Commerce (originally sponsored by Senators Moore, Wojahn, Gaspard, Franklin, Prentice and Winsley)
Disclosing information on residential real estate.
The bill was read the second time. Committee on Financial Institutions & Insurance recommendation: Majority, do pass as amended. (For committee amendment see Journal, 45th Day, February 23, 1994.)
Representative Zellinsky 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. 6571 as amended by the House.
Representative 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. 6571 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, 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, Riley, 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 - 98.
Substitute Senate Bill No. 6571 as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6585, by Senate Committee on Ways & Means (originally sponsored by Senators Bauer, Oke and Roach)
Extending tuition exemptions for Vietnam and Persian Gulf veterans.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended by the Committee on Appropriations. (For committee amendment see Journal, 50th Day, February 28, 1994.), but without the amendments by the Committee on Higher Education.
Representative Jacobsen moved adoption of the committee amendment by the Committee on Higher Education.
Representative Jacobsen spoke against the adoption of the committee amendment. The committee amendment by the Committee on Higher Education was not adopted.
Representative Valle moved the adoption of the committee amendment by the Committee on Appropriations.
Representatives Valle and Silver spoke in favor of the adoption of the committee amendment. The committee amendment by the Committee on Appropriations 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. 6585 as amended by the House.
Representative Brumsickle 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. 6585 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, 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, Riley, 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 - 98.
Engrossed Substitute Senate Bill No. 6585 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6593, by Senate Committee on Education (originally sponsored by Senators Pelz, M. Rasmussen, Skratek and McAuliffe)
Creating the learning and life skills grant program.
Substitute Senate Bill No. 6593 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 Substitute Senate Bill No. 6593.
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. 6593, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Riley, 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 - 98.
Substitute Senate Bill No. 6593, having received the constitutional majority, was declared passed.
Representative Peery moved that the House defer consideration of Substitute Senate Bill No. 6428 and the bill hold its place on the second reading calendar. The motion was carried.
MOTION
Representative Peery moved that the House immediately consider Engrossed Substitute Senate Bill No. 6124. The motion was carried.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6124, by Senate Committee on Labor & Commerce (originally sponsored by Senators Prentice, Newhouse, Fraser, Haugen, Winsley, Franklin and Oke)
Protecting homeowners' equity.
The bill was read the second time. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Heavey moved the adoption of the committee amendment. Representatives Heavey and Lisk 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. 6124 as amended by the House.
Representatives Heavey and Horn spoke in favor of passage of the bill.
The Speaker called upon Representative R. Meyers to preside.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6124 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, 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, Riley, 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 - 98.
Engrossed Substitute Senate Bill No. 6124 as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6125, by Senate Committee on Natural Resources (originally sponsored by Senators Owen, Haugen, Sellar, Spanel and Winsley; 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. Committee on Revenue recommendation: Majority, do pass as amended by Committee on Fisheries & Wildlife. (For committee amendments see Journal, 50th Day, February 28, 1994.)
Representative King moved the adoption of the committee amendment.
Representative King moved adoption of the following amendment by Representative King to the committee amendment:
On page 1, line 22 of the striking amendment, after "account" strike all material through "needed" on line 25, and insert "created under section 19 of this act"
On page 1, beginning on line 26 of the striking amendment, strike all of section 2.
On page 10, after line 15 of the striking amendment, insert:
"NEW SECTION. Sec. 16. A warm water game fish enhancement program is created in the department to be funded from the sale of a warm water game fish surcharge and the revenue attributed to the sale of department fishing licenses that are purchased by fishers who fish for certain warm water game fish species. The enhancement program shall be designed to increase the opportunities to fish for and catch warm water game fish including: Largemouth black bass, smallmouth black bass, channel catfish, black crappie, white crappie, walleye, and tiger musky, and other species as defined by the department. The program shall be designed to use a practical applied approach to increasing warm water fishing. The department shall use the funds available efficiently to assure the greatest increase in the fishing for warm water fish at the lowest cost. This approach shall involve the minimization of overhead and administrative costs and the maximization of productive in-the-field activities.
NEW SECTION. Sec. 17. In order to fish throughout the state for warm water game fish, a person fifteen years of age or older shall pay to the department an annual warm water game fish surcharge. For the purposes of this section, "warm water game fish" means largemouth black bass, smallmouth black bass, walleye, black crappie, white crappie, channel catfish, and tiger musky. The department shall use the most cost-effective format in designing and administering the surcharge. Revenues from the surcharge shall be deposited in the warm water game fish account created under section 19 of this act. The annual surcharge shall be in the following amounts:
(1) For residents and nonresidents between fifteen and sixty-nine years of age and for nonresidents seventy years of age or older who hold an annual fishing license issued under RCW 77.32.101, five dollars;
(2) For residents seventy years of age or older who hold an annual fishing license issued under RCW 77.32.101, one dollar; and
(3) For residents and nonresidents between fifteen and sixty-nine years of age and nonresidents seventy years of age and older who hold a temporary fishing license under RCW 77.32.161, two dollars.
NEW SECTION. Sec. 18. The goals of the warm water game fish enhancement program are to improve the fishing for warm water game fish using cost-effective management. Development of new ponds and lakes shall be an important and integral part of the program. The department shall work with the department of natural resources to coordinate the reclamation of surface mines and the development of warm water game fish ponds. Improvement of warm water fishing shall be coordinated with the protection and conservation of cold water fish populations. This shall be accomplished by carefully designing the warm water projects to have minimal adverse effects upon the cold water fish populations. New pond and lake development should have beneficial effects upon wildlife due to the increase in lacustrine and wetland habitat that will accompany the improvement of warm water fish habitat. The department shall not develop projects that will increase the populations of undesirable or deleterious fish species such as carp, squawfish, walking catfish, and others.
Fish culture programs shall be used in conditions where they will prove to be cost-effective. Consideration should be made for development of urban area enhancement of fishing opportunity for put-and-take species, such as channel catfish, which are amenable to production by low-cost fish culture methods. Fish culture shall also be used for stocking of high value species, such as walleye, smallmouth bass, and tiger musky. Introduction of special genetic strains that show high potential for recreational fishing improvement, including Florida strain largemouth bass, shall be considered.
Transplantation and introduction of exotic warm water fish shall be carefully reviewed to assure that adverse effects to native fish and wildlife populations do not occur. This review shall include an analysis of consequences from disease and parasite introduction.
Population management through the use of fish toxicants, including rotenone or derris root, shall be considered as a management option in the warm water game fish enhancement program. However, any use of fish toxicants shall be subject to a thorough review to prevent adverse effects to cold water fish, desirable warm water fish, and other biota. Eradication of deleterious fish species shall be a goal of the program.
Habitat improvement shall be a major aspect of the warm water enhancement program. Habitat improvement opportunities shall be defined with scientific investigations, field surveys, and by using the extensive experience of other state management entities. Installation of cover, structure, water flow control structures, screens, spawning substrate, vegetation control, and other management techniques shall be fully used. The department shall work to gain access to privately owned waters that can be developed with habitat improvements to improve the warm water resource for public fishing. Habitat improvements shall be conducted in such a manner as to have secondary benefits to waterfowl, other wildlife, and cold water fish.
The program may include research if necessary to achieve overall program goals.
The department shall use the resources of cooperative groups to assist in the planning and implementation of the warm water game fish enhancement program. In the development of the program the department shall actively involve the organized fishing clubs that primarily fish for warm water fish.
NEW SECTION. Sec. 19. The warm water game fish account is hereby created in the state wildlife fund. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the warm water game fish enhancement program under section 16 of this act. Revenues from the warm water game fish surcharge established under section 17 of this act shall be deposited into the account.
NEW SECTION. Sec. 20. The director shall make every effort to allocate funding among department fish management programs proportional to the revenues from the sale of fishing licenses issued under RCW 77.32.101 and attributable to fishing for the species managed within each of the programs.
NEW SECTION. Sec. 21. Sections 16 through 20 of this act shall constitute a new chapter in Title 77 RCW.
NEW SECTION. Sec. 22. (1) Sections 16 and 18 through 20 of this act shall take effect July 1, 1994.
(2) Section 17 of this act shall take effect January 1, 1995."
On page 10, line 18 of the striking amendment, after "Sections" strike "3" and insert "1"
On page 10, line 19 of the striking amendment, after "effect" strike "July 1, 1995" and insert "January 1, 1995"
On page 10, beginning on line 20 of the striking amendment, strike the remainder of the bill.
Representatives King and Ballasiotes spoke in favor of the adoption of the amendment to the committee amendment and Representative Fuhrman and Orr spoke against it.
Representative King again spoke in favor of adoption of the amendment to the committee amendment.
The Speaker (Representative R. Meyers presiding) divided the House. The results of the division was: 61-YEAS; 37-NAYS. The amendment to the committee amendment was adopted.
With the consent of the House, Representative King withdrew amendment number 1264 to Engrossed Substitute Senate Bill No. 6125.
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 (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6125 as amended by the House.
Representative King spoke in favor of passage of the bill and Representative Fuhrman spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6125 as amended by the House, and the bill passed the House by the following vote: Yeas - 80, Nays - 18, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, 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, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Scott, Sehlin, Shin, Sommers, Springer, Thibaudeau, Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 80.
Voting nay: Representatives Backlund, Ballard, Casada, Dyer, Fuhrman, Lisk, McMorris, Mielke, Padden, Schoesler, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, B. and Van Luven - 18.
Engrossed Substitute Senate Bill No. 6125 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6138, by Senate Committee on Law & Justice (originally sponsored by Senators A. Smith and Nelson)
Changing obstructing a public servant to obstructing a law enforcement officer.
The bill was read the second time. Committee on Judiciary recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Johanson 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. 6138 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 Substitute Senate Bill No. 6138 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, 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, Riley, 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 - 98.
Substitute Senate Bill No. 6138 as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6146, by Senators Skratek, Bluechel, Sheldon, Erwin, M. Rasmussen, Drew, McAuliffe, Roach and Snyder
Diversifying the economy by locating a film and video production facility within the state.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 50th Day, February 28, 1994.)
Representative Valle moved the adoption of the committee amendment. Representatives Valle and Silver 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 Senate Bill No. 6146 as amended by the House.
Representatives Wineberry and Van Luven spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6146 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 2, Absent - 0, Excused - 0.
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, 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, Pruitt, Quall, Rayburn, Reams, Riley, 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: Representatives Fisher, G. and Peery - 2.
Senate Bill No. 6146 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6188, by Senate Committee on Government Operations (originally sponsored by Senators Haugen, Winsley and Drew; by request of Secretary of State)
Implementing the National Voter Registration Act.
The bill was read the second time. Committee on State Government recommendation: Majority, do pass as amended. Committee on Appropriations recommendation: Majority, do pass as amended by Committee on State Government. (For committee amendments see Journal, 50th Day, February 28, 1994.)
Representative Anderson moved the 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 (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6188 as amended by the House.
Representatives Anderson and Reams spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6188 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, 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, Riley, 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 - 98.
Substitute Senate Bill No. 6188 as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6205, by Senators Vognild and Prince
Regulating ready-mix mixer trucks.
The bill was read the second time. Committee on Transportation recommendation: Majority, do pass as amended. (For committee amendment see Journal, 50th Day, February 28, 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 (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 6205 as amended by the House.
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. 6205 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, 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, Riley, 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 - 98.
Senate Bill No. 6205 as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6220, by Senator Cantu
Creating the quality award council.
The bill was read the second time. Committee on Trade, Economic Development & Housing recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Wineberry moved the adoption of the committee amendment.
Representative Wang moved adoption of the following amendment by Representative Wang to the committee amendment:
On page 2, line 36 of the amendment, after "(8)" strike all material through "organizations." on page 3, line 2, and insert "By January 1st of each even-numbered year, the council shall report to the governor and the appropriate committees of the legislature on its activities in the proceeding two years and on any recommendations in state policies or programs that could encourage quality improvement and the development of high-performance work organizations.
(9) The council shall cease to exist on July 1, 2004, unless otherwise extended by law."
Representative Wang spoke in favor of the adoption of the amendment to the committee amendment and it was 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 (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 6220 as amended by the House.
Representatives Wineberry and Schoesler spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6220 as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, 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, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Voting nay: Representative Dellwo - 1.
Senate Bill No. 6220 as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6221, by Senators A. Smith and Quigley
Authorizing genetic testing to determine parentage.
Senate Bill No. 6221 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. 6221.
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. 6221, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Riley, 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 - 98.
Senate Bill No. 6221, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6230, by Senate Committee on Law & Justice (originally sponsored by Senators M. Rasmussen, Nelson and Haugen; by request of Secretary of State)
Changing charitable organizations and business licensing provisions.
The bill was read the second time. Committee on Judiciary recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Johanson 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. 6230 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 Substitute Senate Bill No. 6230 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, 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, Riley, 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 - 98.
Substitute Senate Bill No. 6230 as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6255, by Senate Committee on Ways & Means (originally sponsored by Senators Talmadge, Wojahn, Haugen, Winsley and McAuliffe; by request of Attorney General)
Changing provisions relating to children removed from the custody of parents.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass amendments by Committee on Human Services. (For committee amendments see Journal, 47th Day, February 25, 1994.), as further amended by the Committee on Appropriations. (For committee amendments see Journal, 50th Day, February 28, 1994.)
Representative Leonard moved the adoption of the committee amendment by the Committee on Human Services.
Representative Valle moved the adoption of the committee amendment by the Committee on Appropriations to the committee amendment by the Committee on Human Services and spoke in favor of it. The committee amendment by the Committee on Appropriations was adopted.
The committee amendment by the Committee on Human Services 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 (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 6255 as amended by the House.
Representatives Leonard, Karahalios and Cooke spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6255 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, 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, Riley, 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 - 98.
Engrossed Second Substitute Senate Bill No. 6255 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6278, by Senate Committee on Government Operations (originally sponsored by Senators Gaspard, Haugen, Fraser and M. Rasmussen)
Authorizing cities and towns to use their special excise tax for public restroom facilities intended for visitors.
The bill was read the second time. Committee on Revenue recommendation: Majority, do pass as amended. (For committee amendment see Journal, 50th Day, February 28, 1994.)
Representative Holm moved the 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 (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6278 as amended by the House.
Representatives Holm and Foreman spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6278 as amended by the House, and the bill passed the House by the following vote: Yeas - 93, Nays - 5, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Morris, Myers, H., Ogden, Orr, Peery, Pruitt, Quall, Rayburn, Reams, Riley, 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: Representatives Cooke, Fuhrman, Moak, Padden and Patterson - 5.
Substitute Senate Bill No. 6278 as amended by the House, having received the constitutional majority, was declared passed.
With the consent of the House, the House advanced to Substitute Senate Bill No. 6538.
SUBSTITUTE SENATE BILL NO. 6538, by Senate Committee on Ecology & Parks (originally sponsored by Senators Owen and Oke)
Changing recreational boating safety education regarding fire prevention.
Substitute Senate Bill No. 6538 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. 6538.
Representatives R. Johnson and Stevens spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6538, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 1, Excused - 0.
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, Rayburn, Reams, Riley, 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, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Voting nay: Representative Quall - 1.
Absent: Representative Wineberry - 1.
Substitute Senate Bill No. 6538, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House immediately consider Substitute Senate Bill No. 6047 on the second reading calendar. The motion was carried.
The Speaker assumed the chair.
SUBSTITUTE SENATE BILL NO. 6047, by Senate Committee on Law & Justice (originally sponsored by Senators A. Smith, Quigley and Oke)
Revising provisions relating to crimes involving alcohol, drugs, or mental problems.
The bill was read the second time. Committee on Judiciary recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Appelwick moved the adoption of the committee amendment.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick to the committee amendment:
On page 6, line 6, strike "less than thirty days nor"
On page 6, line 25, after "court." strike everything through "deferred." on line 26
Representative Appelwick spoke in favor of the adoption of the amendment to the committee amendment and Representative Padden spoke against it.
Representative Appelwick again spoke in favor of adoption of the amendment to the committee amendment and Representative Padden again spoke against it.
The amendment to the committee amendment was adopted.
Representative Appelwick moved adoption of the following amendment by Representatives Appelwick and Padden to the committee amendment:
On page 6, line 8, after "0.15" insert ", or a person who violates RCW 46.61.502(1)(b) or (c) or RCW 46.61.504(1)(b) or (c) and for any reason other than the person's refusal to take a test offered pursuant to RCW 46.20.308 the person's alcohol concentration is not proved,"
Representatives Appelwick and Padden spoke in favor of the adoption of the amendment to the committee amendment and the amendment was adopted.
Representative Padden moved adoption of the following amendment by Representative Padden to the committee amendment:
On page 6, line 24, strike "thirty" and insert "ninety"
AND
On page 6, line 25, strike "Thirty" and insert "Ninety"
Representative Padden spoke in favor of the adoption of the amendment to the committee amendment and Representative Appelwick spoke against it.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
Representative Appelwick again spoke against the amendment to the committee amendment and Representative Padden again spoke in favor of the amendment to the committee amendment.
The amendment was not adopted.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick to the committee amendment:
On page 7, line 20, strike "sixty" and insert "ninety"
On page 7, line 21, strike "sixty" and insert "ninety"
Representatives Appelwick and Padden spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick to the committee amendment:
On page 8, after line 2, insert the following:
"(6) (a)In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include (i) not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future, (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving, and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a) (i) and (ii) or (a) (i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection of this section, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial, imposed under this subsection."
On page 9, after line 24, insert the following:
"(5) (a)In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include (i) not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future, (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving, and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a) (i) and (ii) or (a) (i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection of this section, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial, imposed under this subsection."
On page 10, after line 20, insert the following:
"(4) (a)In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include (i) not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future, (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving, and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a) (i) and (ii) or (a) (i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection of this section, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial, imposed under this subsection."
Representatives Appelwick and Padden spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick to the committee amendment:
On page 8, line 27, after "suspension." insert "Upon receiving notification of the completion of the imposed period of suspension, the department shall issue the offender a probationary license in accordance with section 8 of this act."
On page 9, line 14, after "deferred." insert "The court shall notify the department of the period of revocation and shall notify the department upon the completion of the period of revocation. Upon receiving notification of the completion of the imposed period of revocation and upon determining that the offender is otherwise qualified in accordance with RCW 46.20.311, the department shall issue the offender a probationary license in accordance with section 8 of this act."
On page 10, line 10, after "deferred." insert "The court shall notify the department of the revocation. Following the revocation and upon determining that the offender is otherwise qualified in accordance with RCW 46.20.311, the department shall issue the offender a probationary license in accordance with section 8 of this act."
On page 11, line 33, strike "offense" and insert "most recent offense for which a probationary license is being issued"
On page 12, line 6, after "46.61.504" insert "or section 12 of this act"
Representatives Appelwick and Padden spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Silver moved adoption of the following amendment by Representative Silver to the committee amendment:
On page 12, after line 8, insert the following:
"(5) A driver's license issued to a person who is under eighteen years of age, or to a person who has not held a valid driver's license issued by this or any other state within the five years immediately preceding the issuance of this license, is a probationary driver's license. Any person who has been issued a probationary driver's license pursuant to this subsection and who has maintained a satisfactory driving record for one year may, upon proper application and payment of a five-dollar fee, be issued a regular driver's license.
For the purposes of this subsection, a person's driving record is deemed satisfactory if he or she has not been found to have committed more than one offense against traffic regulations governing the movement of vehicles, or found to have committed, or have failed to appear or comply in response to any alcohol-related offense against traffic regulations, or has not had his or her probationary driver's license suspended, revoked, or canceled.
The department shall provide a method to distinguish probationary drivers' licenses issued pursuant to this subsection from any other form of drivers' licenses."
Representative Appelwick requested a ruling on the scope and object of amendment number 1290 to Substitute Senate Bill No. 6047.
With the consent of the House, the House deferred further consideration of amendment number 1290.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
With the consent of the House, the House returned to amendment number 1290 to Substitute Senate Bill No. 6047.
In ruling on the point of order, the Speaker finds that Substitute Senate Bill No. 6047 is entitled "An act relating to crimes involving alcohol, drugs or mental problems." The measure revises the laws regarding driving under the influence of alcohol or drugs.
Amendment number 1290 would require the Department of Licensing to issue a probationary drivers license to every person under the age of eighteen and every person who had not held a drivers license during the previous five years, without regard to whether that person had ever been convicted of DUI.
The Speaker therefore finds that the proposed amendment does change the scope and object of the underlying bill and that the point of order is well taken.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick to the committee amendment:
On page 17, line 3, after "first." insert "If the person has not within the previous five years committed an offense for which he or she was granted a deferred prosecution under chapter 10.05 RCW, and within thirty days of the arrest the person petitions a court for a deferred prosecution on criminal charges arising out of the arrest, the court shall direct the department to extend the period of the temporary license by at least an additional thirty days but not more than an additional 60 days. If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, of if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, then the court shall immediately direct the department to cancel any period of extension of the temporary license."
Representatives Appelwick and Padden spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick to the committee amendment:
On page 17, line 33, after "writing." insert "The person shall pay a fee of one hundred dollars as part of the request."
On page 17, line 35, after "request" insert "and a one hundred dollar fee"
On page 21, line 14, after "hearing." insert "The person shall pay a fee of one hundred dollars as part of the request."
On page 21, line 15, after "request" insert "and such fee."
Representatives Appelwick and Padden spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Padden moved adoption of the following amendment Representatives Padden and Appelwick to the committee amendment:
On page 18, line 1, strike "and" and insert ", except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means. The hearing shall be held"
Representative Padden spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick to the committee amendment:
On page 18, line 32, after "arrest to" strike everything through "46.20.334." on line 34 and insert "in the same manner as an appeal from a decision of a court of limited jurisdiction. The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer. A court may stay the suspension, revocation, or denial if it finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury. If the court stays the suspension, revocation, or denial, it may impose conditions on such stay."
Representatives Appelwick and Padden spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick to the committee amendment:
On page 27, line 21, after "and" strike everything through "removal" and insert ", if the charge for which the deferred prosecution was granted was a misdemeanor or gross misdemeanor under Title 46 RCW, shall notify the department of licensing of the removal and entry of judgment"
Representative Appelwick spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Heavey moved adoption of the following amendment by Representatives Heavey and others to the committee amendment:
On page 40, beginning on line 32 of the amendment, strike all of section 32
Representatives Heavey and Chappell spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Brough moved adoption of the following amendment by Representatives Brough and others to the committee amendment:
On page 42, line 12, strike all of section 34.
Representatives Brough, Thibaudeau and Edmondson spoke in favor of the adoption of the amendment to the committee amendment and Representatives Heavey, Chappell, Scott and Appelwick spoke against it.
Representative Brough again spoke in favor of adoption of the amendment to the committee amendment.
The amendment was not adopted.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick to the committee amendment:
On page 47, after line 28, insert:
"NEW SECTION. Sec. 43. The sum of one million, five hundred sixty-three thousand, five hundred eighty-nine dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the highway safety fund to the department of licensing for the purposes of implementing this act."
Representative Appelwick spoke in favor of the adoption of the amendment to the committee amendment and it was 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 Substitute Senate Bill No. 6047 as amended by the House.
Representatives Appelwick, Padden, Johanson, Heavey and Dyer spoke in favor of passage of the bill.
Representative Appelwick again spoke in favor of passage of the bill.
Representative Appelwick yielded to a question by Representative Dyer.
Representative Dyer: Thank you Mr. Speaker, must a police officer have probable cause to a arrest a person before asking them to take a blood alcohol test?
Representative Appelwick: Yes, Representative Dyer. The person must be operating a vehicle on a public road, stopped for probable cause and arrested before being requested to take the blood alcohol test.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6047 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 1, Excused - 0.
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, Rayburn, Reams, Riley, 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, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Voting nay: Representative Quall - 1.
Absent: Representative Wineberry - 1.
Substitute Senate Bill No. 6047 as amended by the House, 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. 2646, Engrossed Substitute Senate Bill No. 6339, Senate Bill No. 6408, Substitute Senate Bill No. 6428, Engrossed Senate Bill No. 6493 and Engrossed Second Substitute Senate Bill No. 5468. The motion was carried.
HOUSE BILL NO. 2646, by Representatives Rayburn, Foreman, Hansen, Chandler, Grant and Lisk
Modifying apiary regulation.
On motion of Representative Rayburn, Substitute House Bill No. 2646 was substituted for House Bill No. 2646, and the bill was placed on the second reading calendar.
Substitute House Bill No. 2646 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 called upon Representative R. Meyers to preside.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2646.
Representatives Rayburn and Foreman spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2646, and the bill passed the House by the following vote: Yeas - 71, Nays - 25, Absent - 0, Excused - 2.
Voting yea: Representatives Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Caver, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Long, Mastin, Moak, Morris, Myers, H., Ogden, Orr, Pruitt, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 71.
Voting nay: Representatives Backlund, Ballard, Casada, Chandler, Cooke, Dyer, Finkbeiner, Fisher, G., Fuhrman, Horn, Karahalios, Kremen, Lisk, McMorris, Meyers, R., Mielke, Padden, Patterson, Peery, Quall, Sehlin, Tate, Thomas, B., Thomas, L. and Van Luven - 25.
Excused: Representatives Anderson and Riley - 2.
Substitute House Bill No. 2646, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6339, by Senate Committee on Ecology & Parks (originally sponsored by Senators Sheldon, Amondson, Moore, Morton, Snyder, Gaspard, Skratek, Loveland, Quigley, Fraser, Drew, Hargrove, McAuliffe, Franklin, Haugen, Williams, Spanel, M. Rasmussen, Pelz, A. Smith, Wojahn, Winsley and Ludwig)
Facilitating growth management planning and decisions, integration with related environmental laws, and improving procedures for cleanup of hazardous waste sites.
The bill was read the second time. Committee on Environmental Affairs recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Rust moved the adoption of the committee amendment.
Representative H. Myers moved adoption of the following amendment by Representative H. Myers to the committee amendment:
On page 21, after line 4, insert a new section as follows:
"Sec. 24. RCW 82.02.050 and 1993 1st sp.s. c 6 s 6 are each amended to read as follows:
(1) It is the intent of the legislature:
(a) To ensure that adequate facilities are available to serve new growth and development;
(b) To promote orderly growth and development by establishing standards by which counties, cities, and towns may require, by ordinance, that new growth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; and
(c) To ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact.
(2) Counties, cities, and towns that are required or choose to plan under RCW 36.70A.040 are authorized to impose impact fees on development activity as part of the financing for public facilities, provided that the financing for system improvements to serve new development must provide for a balance between impact fees and other sources of public funds and cannot rely solely on impact fees.
(3) The impact fees:
(a) Shall only be imposed for system improvements that are reasonably related to the new development;
(b) Shall not exceed a proportionate share of the costs of system improvements that are reasonably related to the new development; and
(c) Shall be used for system improvements that will reasonably benefit the new development.
(4) Impact fees may be collected and spent only for the public facilities defined in RCW 82.02.090 which are addressed by a capital facilities plan element of a comprehensive land use plan adopted pursuant to the provisions of RCW 36.70A.070 or the provisions for comprehensive plan adoption contained in chapter 36.70, 35.63, or 35A.63 RCW. After the date a county, city, or town is required to adopt its ((comprehensive plan and)) development regulations under chapter 36.70A RCW, continued authorization to collect and expend impact fees shall be contingent on the county, city, or town adopting or revising a comprehensive plan in compliance with RCW 36.70A.070, and on the capital facilities plan identifying:
(a) Deficiencies in public facilities serving existing development and the means by which existing deficiencies will be eliminated within a reasonable period of time;
(b) Additional demands placed on existing public facilities by new development; and
(c) Additional public facility improvements required to serve new development.
If the capital facilities plan of the county, city, or town is complete other than for the inclusion of those elements which are the responsibility of a special district, the county, city, or town may impose impact fees to address those public facility needs for which the county, city, or town is responsible."
Representatives H. Myers and Horn spoke in favor of the adoption of the amendment to the committee amendment and it was 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 (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6339 as amended by the House.
Representatives Rust and Horn 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. 6339 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 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 - 96.
Excused: Representatives Anderson and Riley - 2.
Engrossed Substitute Senate Bill No. 6339 as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6408, by Senators Spanel, Owen, Prentice, Sheldon, Fraser and Hargrove
Including tribal authorities in 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, 45th Day, February 23, 1994.)
Representative Leonard 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 Senate Bill No. 6408 as amended by the House.
Representatives Leonard and Cooke spoke in favor of passage of the bill.
MOTION
On motion of Representative Wood, Representative Mielke was excused.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6408 as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives 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 - 95.
Excused: Representatives Anderson, Mielke and Riley - 3.
Senate Bill No. 6408 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6428, by Senate Committee on Energy & Utilities (originally sponsored by Senators M. Rasmussen, Newhouse, Fraser, Gaspard and Winsley)
Changing provisions relating to water systems.
Substitute Senate Bill No. 6428 was read the second time.
With the consent of the House, Representative Van Luven withdrew amendment number 1299 to Substitute Senate Bill No. 6428.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick and others:
On page 6, after line 29, strike the remainder of the bill and insert the following new sections:
"NEW SECTION. Sec. 5. A new section is added to chapter 35.13A RCW to read as follows:
A city assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on non-compliance with state or federal requirements for public drinking water systems, which pre-date the date of assuming responsibility and continue after the date of assuming responsibility, provided that the city has submitted and is complying with a plan and schedule of improvements approved by the department of health. This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud, or bad faith.
NEW SECTION. Sec. 6. A new section is added to chapter 35A.21 RCW to read as follows:
A code city assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on non-compliance with state or federal requirements for public drinking water systems, which pre-date the date of assuming responsibility and continue after the date of assuming responsibility, provided that the city has submitted and is complying with a plan and schedule of improvements approved by the department of health. This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud, or bad faith.
NEW SECTION. Sec. 7. A new section is added to chapter 36.94 RCW to read as follows:
A county assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on non-compliance with state or federal requirements for public drinking water systems, which pre-date the date of assuming responsibility and continue after the date of assuming responsibility, provided that the county has submitted and is complying with a plan and schedule of improvements approved by the department of health. This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud, or bad faith.
NEW SECTION. Sec. 8. A new section is added to chapter 57.24 RCW to read as follows:
A water district assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on non-compliance with state or federal requirements for public drinking water systems, which pre-date the date of assuming responsibility and continue after the date of assuming responsibility, provided that the water district has submitted and is complying with a plan and schedule of improvements approved by the department of health. This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud, or bad faith.
NEW SECTION. Sec. 9. A new section is added to chapter 80.28 RCW to read as follows:
A water company assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on non-compliance with state or federal requirements for public drinking water systems, which pre-date the date of assuming responsibility and continue after the date of assuming responsibility, provided that the water company has submitted and is complying with a plan and schedule of improvements approved by the department of health. This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud, or bad faith.
NEW SECTION. Sec. 10. A new section is added to chapter 54.16 RCW to read as follows:
A public utility district assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on non-compliance with state or federal requirements for public drinking water systems, which pre-date the date of assuming responsibility and continue after the date of assuming responsibility, provided that the public utility district has submitted and is complying with a plan and schedule of improvements approved by the department of health. This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud, or bad faith.
NEW SECTION. Sec. 11. A new section is added to chapter 87.03 RCW to read as follows:
An irrigation district assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on non-compliance with state or federal requirements for public drinking water systems, which pre-date the date of assuming responsibility and continue after the date of assuming responsibility, provided that the irrigation district has submitted and is complying with a plan and schedule of improvements approved by the department of health. This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud, or bad faith."
Representative Appelwick spoke in favor of the adoption of the amendment and Representative Edmondson spoke against it.
The amendment was adopted.
Representative H. Myers moved adoption of the following amendment by Representative H. Myers:
On page 8, after line 22, insert:
"Sec. 12. RCW 35.92.010 and 1991 c 347 s 18 are each amended to read as follows:
A city or town may construct, condemn and purchase, purchase, acquire, add to, alter, maintain and operate waterworks, within or without its limits, for the purpose of furnishing the city and its inhabitants, and any other persons, with an ample supply of water for all purposes, public and private, including water power and other power derived therefrom, with full power to regulate and control the use, distribution, and price thereof: PROVIDED, That the rates charged must be uniform for the same class of customers or service. Such waterworks may include facilities for the generation of electricity as a byproduct and such electricity may be used by the city or town or sold to an entity authorized by law to distribute electricity. Such electricity is a byproduct when the electrical generation is subordinate to the primary purpose of water supply.
"Rates" as used in this section includes all lawful charges assessed by the utility, including, but not limited to, consumption charges, connection charges, contributions provided for by state law, charges for meters and other equipment provided to the customer, and charges in connection with repair, replacement or location of customer facilities.
In classifying customers served or service furnished, the city or town governing body may in its discretion consider any or all of the following factors: The difference in cost of service to the various customers; location of the various customers within and without the city or town; the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; the different character of the service furnished various customers; the quantity and quality of the water furnished; the time of its use; the achievement of water conservation goals and the discouragement of wasteful water use practices; capital contributions made to the system including, but not limited to, assessments; and any other matters which present a reasonable difference as a ground for distinction. No rate shall be charged that is less than the cost of the water and service to the class of customers served.
For such purposes any city or town may take, condemn and purchase, purchase, acquire, and retain water from any public or navigable lake or watercourse, surface or ground, and, by means of aqueducts or pipe lines, conduct it to the city or town; and it may erect and build dams or other works across or at the outlet of any lake or watercourse in this state for the purpose of storing and retaining water therein up to and above high water mark; and for all the purposes of erecting such aqueducts, pipe lines, dams, or waterworks or other necessary structures in storing and retaining water, or for any of the purposes provided for by this chapter, the city or town may occupy and use the beds and shores up to the high water mark of any such watercourse or lake, and acquire the right by purchase, or by condemnation and purchase, or otherwise, to any water, water rights, easements or privileges named in this chapter, or necessary for any of said purposes, and the city or town may acquire by purchase or condemnation and purchase any properties or privileges necessary to be had to protect its water supply from pollution. Should private property be necessary for any such purposes or for storing water above high water mark, the city or town may condemn and purchase, or purchase and acquire such private property. For the purposes of waterworks which include facilities for the generation of electricity as a byproduct, nothing in this section may be construed to authorize a city or town that does not own or operate an electric utility system to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owner."
Representatives H. Myers and Edmondson spoke in favor of the 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 Substitute Senate Bill No. 6428 as amended by the House.
Representatives H. Myers and Edmondson spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6428 as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives 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 - 95.
Excused: Representatives Anderson, Mielke and Riley - 3.
Substitute Senate Bill No. 6428 as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 6493, by Senators Sutherland, Amondson and Ludwig
Integrating the state energy strategy into statute.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 50th Day, February 28, 1994.)
Representative Valle 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. 6493 as amended by the House.
Representatives Bray and Casada spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6493 as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives 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 - 95.
Excused: Representatives Anderson, Mielke and Riley - 3.
Engrossed Senate Bill No. 6493 as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5468, by Senate Committee on Trade, Technology & Economic Development (originally sponsored by Senators Fraser, Skratek, Pelz and Prentice)
Imposing requirements for businesses that receive public assistance.
The bill was read the second time. Committee on Trade, Economic Development & Housing recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Wineberry moved the adoption of the committee amendment.
Representative Kremen moved adoption of the following amendment by Representative Wineberry to the committee amendment:
On page 1, beginning on line 7 of the amendment, strike all material through "1994." on page 4, line 2, and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that when public funds are used to support private enterprise, the public may gain through the creation of new jobs, the diversification of the economy, or higher quality jobs for existing workers. The legislature further finds that such returns on public investments are not automatic and that tax-based incentives, in particular, may result in a greater tax burden on businesses and individuals that are not eligible for the public support. It is the purpose of this chapter to collect information sufficient to allow the legislature and the executive branch to make informed decisions about the merits of existing tax-based incentives and loan programs intended to encourage economic development in the state.
NEW SECTION. Sec. 2. (1) The department of revenue and the department of community, trade, and economic development shall gather such base-line data as is necessary to measure the effect on businesses of any of the following benefits: (a) A loan of one hundred thousand dollars or more from the development loan fund; (b) fifty thousand dollars or more in tax credits under chapter 82.62 RCW or chapter____(House Bill No. 2663), Laws of 1994; or (c) a deferral of one hundred thousand dollars or more in taxes under chapter 82.60, 82.61 RCW, or chapter____(House Bill 2663), Laws of 1994. The departments shall measure the effect of the programs on job creation, the number of jobs created for Washington residents, company growth, the introduction of new products, the diversification of the state's economy, growth in investments, the movement of firms or the consolidation of firms' operation into the state, and such other factors as the departments select.
(2) The departments shall also measure whether the businesses receiving the benefits: (a) Have complied with federal and state requirements for affirmative action in hiring and promotion of its employees; (b) have provided an average wage that is above the average wage paid by firms located in the same county that share the same two-digit standard industrial code; (c) have provided basic health coverage at a level at least equivalent to basic health coverage under chapter 70.47 RCW; (d) have complied with all applicable federal and state environmental and employment laws and regulations; and (e) have complied with the requirements of all federal and state plant closure laws if reducing operations at a facility or relocating a facility.
(3) Businesses applying for one of the benefits specified in subsection (1) of this section shall submit employment impact estimates to the departments specifying the number and types of jobs, with wage rates and benefits for those jobs, that the business submitting the application expects to be eliminated, created, or retained on the project site and on other employment sites of the business in Washington as a result of the project that is the subject of the application.
(4) The departments shall specify that upon a certain date or dates, the businesses which receive one of the benefits specified in subsection (1) of this section shall submit to the department an employment impact statement stating the net number and types of jobs eliminated, created, or retained, with the wage rates and benefits for those jobs, by the business in Washington as a result of the benefit received.
(5) The information collected on individual businesses under this section is not subject to public disclosure.
(6) The departments shall report their findings to the executive-legislative committee on economic development policy, or the appropriate legislative committees, if the executive-legislative committee on economic development policy is not created by statute, by September 1, 1995. The report shall provide aggregate information on businesses that share the same two digit standard industrial code.
(7) The executive-legislative committee on economic development policy shall evaluate the departments' report and make recommendations to the governor and the legislature on the continuation of the benefit programs and any conditions under which they should operate if they are to continue.
NEW SECTION. Sec. 3. Sections 1 and 2 of this act shall constitute a new chapter in Title 43 RCW.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect March 1, 1994."
Representatives Kremen, Conway and Sheldon spoke in favor of the adoption of the amendment to the committee amendment and it was 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 (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 5468 as amended by the House.
Representatives Wineberry, Shin, Heavey, Kremen and Conway spoke in favor of passage of the bill and Representatives Schoesler and Dyer spoke against it.
Representative Wineberry again spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5468 as amended by the House, and the bill passed the House by the following vote: Yeas - 69, Nays - 26, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Campbell, Carlson, Caver, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Long, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Roland, Romero, Rust, Schmidt, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 69.
Voting nay: Representatives Backlund, Ballard, Brumsickle, Casada, Chandler, Chappell, Dyer, Edmondson, Forner, Fuhrman, Lisk, McMorris, Padden, Rayburn, Reams, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 26.
Excused: Representatives Anderson, Mielke and Riley - 3.
Engrossed Second Substitute Senate Bill No. 5468 as amended by the House, having received the constitutional majority, was declared passed.
The Speaker (Representative R. Meyers presiding) declared the House to be at ease.
The Speaker called the House to order.
MOTION
Representative Peery moved that the House consider the following bills in the following order: Senate Bill No. 6080, Second Substitute Senate Bill No. 5372, Substitute Senate Bill No. 6096, Second Substitute Senate Bill No. 6237, Substitute Senate Bill No. 6307, Senate Bill No. 6604 and Senate Bill No. 6605. The motion was carried.
SENATE BILL NO. 6080, by Senators Owen, Oke, Hargrove, Amondson, Haugen, Snyder, Morton, M. Rasmussen and Roach
Prohibiting wrongful property damage to agricultural and forest lands.
The bill was read the second time. Committee on Judiciary recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Johanson moved the adoption of the committee amendment.
Representative Appelwick moved adoption of the following amendment by Representatives Appelwick and Padden to the committee amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 4.24 RCW to read as follows:
(1) Every person who goes onto the land of another and who removes timber, crops, minerals or other similar valuable property from the land, or wrongfully causes waste or injury to the land, or wrongfully injures personal property or improvements to real estate on the land, is liable to the injured party for treble the amount of the damages caused by the removal, waste, or injury. For purposes of this section, a person acts "wrongfully" if the person intentionally and unreasonably commits the act or acts while knowing, or having reason to know, that he or she lacks authorization to so act. Damages recoverable under this section include, but are not limited to, damages for the market value of the property removed or injured, and for injury to the land, including the costs of restoration. In addition, the person is liable for reimbursing the injured party for the party's reasonable costs, including but not limited to investigative costs and reasonable attorneys' fees and other litigation-related costs.
(2) This section does not apply in any case where liability for damages is provided under RCW 64.12.030, 79.01.756, 79.01.760, or 79.40.070.
Sec. 2. RCW 79.01.760 and 1993 c 266 § 1 are each amended to read as follows:
(1) Every person who, without authorization, uses or occupies public lands, removes ((anything of value))any valuable material as defined in RCW 79.01.038 from public lands, or causes waste or damage to public lands, or injures publicly owned personal property or publicly owned improvements to real property on public lands, is liable to the state for treble the amount of the damages. However, liability shall be for single damages if the department of natural resources determines, or the person proves upon trial, that the person, at time of the unauthorized act or acts, did not know, or have reason to know, that he or she lacked authorization. Damages recoverable under this section include, but are not limited to, the market value of the use, occupancy, or things removed, had the use, occupancy, or removal been authorized; and any damages caused by injury to the land, publicly owned personal property or publicly owned improvement, including the costs of restoration. In addition, the person is liable for reimbursing the state for its reasonable costs, including but not limited to, its administrative costs, survey costs to the extent they are not included in damages awarded for restoration costs, and its reasonable attorneys' fees and other legal costs.
(2) This section does not apply in any case where liability for damages is provided under RCW 64.12.030, section 1 of this act, 79.01.756, or 79.40.070.
(3) The department of natural resources is authorized and directed to investigate all trespasses and wastes upon, and damages to, public lands of the state, and to cause prosecutions for, and/or actions for the recovery of, the same, to be commenced as is provided by law."
Representatives Appelwick, Padden spoke in favor of the adoption of the amendment to the committee amendment and Representative L. Johnson spoke against it.
Representative Appelwick again spoke in favor of the amendment to the committee amendment and it was 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 Senate Bill No. 6080 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6080 as amended by the House, and the bill passed the House by the following vote: Yeas - 91, Nays - 4, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, 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, 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, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 91.
Voting nay: Representatives Cole, G., Johnson, L., Thibaudeau and Wang - 4.
Excused: Representatives Anderson, Mielke and Riley - 3.
Senate Bill No. 6080 as amended by the House, having received the constitutional majority, was declared passed.
With the consent of the House, the House deferred consideration of Second Substitute Senate Bill No. 5372 and the bill held its place on the second reading calendar.
SUBSTITUTE SENATE BILL NO. 6096, by Senate Committee on Agriculture (originally sponsored by Senators M. Rasmussen, Anderson, Newhouse, Snyder, Morton, Bauer and Quigley)
Making major changes to milk and milk products regulations.
Substitute Senate Bill No. 6096 was read the second time.
With the consent of the House, Representative Sommers withdrew amendment number 1262 to Substitute Senate Bill No. 6096.
Representative Sommers moved adoption of the following amendment by Representative Sommers:
On page 27, after line 34, insert the following:
"Sec. 512. RCW 15.32.780 and 1961 c 11 s 15.32.780 are each amended to read as follows:
No two or more persons shall by agreement or understanding, tacit or otherwise, fix or attempt to fix the price at which butter, cheese, milk, or other products mentioned in this chapter shall be bought or sold((; except that)). The provisions of this section shall not apply to: Ordinary sales between buyer and seller; actions or activities authorized under chapter 24.34 RCW, regarding associations of agricultural producers; or pooling or minimum pricing arrangements expressly authorized by chapter 15.35 RCW, the Washington state milk pooling act."
On page 29, line 12, strike all of subsection (42)
On page 32, after line 5, insert the following "RCW 15.32.780;"
Representative Sommers spoke in favor of the adoption of the amendment and Representatives Rayburn and Chandler spoke against it.
The amendment was not 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. 6096.
Representatives Rayburn and Chandler spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6096, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives 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 - 95.
Excused: Representatives Anderson, Mielke and Riley - 3.
Substitute Senate Bill No. 6096, having received the constitutional majority, was declared passed.
SECOND SUBSTITUTE SENATE BILL NO. 6237, by Senate Committee on Ways & Means (originally sponsored by Senators Franklin, M. Rasmussen, Winsley, Erwin, Quigley, Sellar and Oke; by request of Department of Veterans Affairs)
Implementing the veteran estate management program.
Second Substitute Senate Bill No. 6237 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. 6237.
Representatives Sommers, Silver and Sehlin 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. 6237, and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.
Voting yea: Representatives 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 - 94.
Voting nay: Representative Appelwick - 1.
Excused: Representatives Anderson, Mielke and Riley - 3.
Second Substitute Senate Bill No. 6237, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6307, by Senate Committee on Health & Human Services (originally sponsored by Senators Talmadge and Winsley; by request of Health Care Authority)
Clarifying health care authority powers and duties.
Substitute Senate Bill No. 6307 was read the second time.
Representative G. Fisher moved adoption of the following amendment by Representative G. Fisher:
On page 12, line 10, after "Sec. 7." strike everything through line 21 and insert "If a court in a permanent injunction, permanent order, or final decision determines that the amendments made by sections 5 and 6 of this act must be submitted to the people for their adoption and ratification, or rejection, as a result of section 13, chapter 2, Laws of 1994, the amendments made by sections 5 and 6 of this act shall be null and void."
Representatives G. Fisher and Foreman spoke in favor of the 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 stated the question before the House to be final passage of Substitute Senate Bill No. 6307 as amended by the House.
Representatives Dellwo and Dyer spoke in favor of passage of the bill.
MOTION
On motion of Representative Wood, Representative B. Thomas was excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6307 as amended by the House, and the bill passed the House by the following vote: Yeas - 53, Nays - 41, Absent - 0, Excused - 4.
Voting yea: Representatives Appelwick, Bray, Brown, Caver, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Leonard, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Romero, Rust, Scott, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 53.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Basich, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Kremen, Lemmon, Lisk, Long, McMorris, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Stevens, Talcott, Tate, Thomas, L., Van Luven, Wood and Zellinsky - 41.
Excused: Representatives Anderson, Mielke, Riley and Thomas, B. - 4.
Substitute Senate Bill No. 6307 as amended by the House, having received the constitutional majority, was declared passed.
Please change my vote from a AYE to a NAY on Substitute Senate Bill No. 6307.
DAVE MASTIN, 16th District
SENATE BILL NO. 6604, by Senator Rinehart; by request of Department of Social and Health Services
Changing provisions regarding incapacitated persons who are medicaid recipients.
Senate Bill No. 6604 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. 6604.
Representatives Sommers and Dyer spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6604, and the bill passed the House by the following vote: Yeas - 92, Nays - 2, Absent - 0, Excused - 4.
Voting yea: Representatives Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, 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, 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, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.
Voting nay: Representatives Edmondson and Lisk - 2.
Excused: Representatives Anderson, Mielke, Riley and Thomas, B. - 4.
Senate Bill No. 6604, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6605, by Senator Rinehart
Increasing access to health insurance for retired and disabled state and school district employees.
Senate Bill No. 6605 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. 6605.
Representatives Sommers and Dyer spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6605, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives 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, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Anderson, Mielke, Riley and Thomas, B. - 4.
Senate Bill No. 6605, having received the constitutional majority, was declared passed.
On March 3, 1994, I requested to be excused from the floor and the "excused absence" light came on. I thought I was considered "excused". When the Roll Call Transcript was printed, I was listed as "absent" for vote on: Engrossed Substitute Senate Bill No. 6071, Substitute Senate Bill No. 6082, Substitute Senate Bill No. 6089, Substitute Senate Bill No. 6093 and Second Substitute Senate Bill No. 6107. The mistake was inadvertent since, I considered myself to be excused.
BILL BRUMSICKLE, 20th 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., Friday, March 4, 1994.
BRIAN EBERSOLE, Speaker
MARILYN SHOWALTER, Chief Clerk