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FIFTY-FOURTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Friday, March 4, 1994
The House was called to order at 9:00 a.m. by the Speaker (Representative Wang 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 Bethany Bafus and Kate Benson. Prayer was offered by Representative Fuhrman.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES FROM THE SENATE
March 3, 1994
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1847,
SUBSTITUTE HOUSE BILL NO. 2180,
ENGROSSED HOUSE BILL NO. 2193,
SUBSTITUTE HOUSE BILL NO. 2197,
SUBSTITUTE HOUSE BILL NO. 2212,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2224,
SUBSTITUTE HOUSE BILL NO. 2239,
ENGROSSED HOUSE BILL NO. 2302,
SUBSTITUTE HOUSE BILL NO. 2341,
SUBSTITUTE HOUSE BILL NO. 2452,
SUBSTITUTE HOUSE BILL NO. 2456,
SUBSTITUTE HOUSE BILL NO. 2516,
SUBSTITUTE HOUSE BILL NO. 2560,
SUBSTITUTE HOUSE BILL NO. 2570,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2607,
SUBSTITUTE HOUSE BILL NO. 2662,
SUBSTITUTE HOUSE BILL NO. 2718,
SECOND SUBSTITUTE SENATE BILL NO. 6271,
ENGROSSED SENATE BILL NO. 6601,
and the same are herewith transmitted.
Marty Brown, Secretary
Mr. Speaker:
The President has signed:
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,
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
HB 2921 by Representatives Campbell, Ballasiotes, Chappell, Padden, Johanson, Shin, Conway, Schoesler, Kremen, Chandler, Casada, Sheldon, Tate, Kessler, Ballard, Long, Foreman, Roland, Lisk and L. Thomas
AN ACT Relating to increasing penalties for armed crime; amending RCW 9.94A.310, 9.94A.150, 9A.36.045, 9A.52.020, 9A.56.040, 9A.56.160, and 10.95.020; reenacting and amending RCW 9.9A.320 and 9.41.040; adding new sections to chapter 9.94A RCW; adding new sections to chapter 9A.56 RCW; creating new sections; and prescribing penalties.
Referred to Committee on Corrections.
ESB 6601 by Senators Gaspard, Sellar, Quigley, Rinehart, Oke, Winsley, Ludwig, Drew, Franklin, Skratek and Mr. Rasmussen.
Providing for government performance and accountability.
On motion of Representative Peery, the bills listed on today's introduction sheet under the fourth order of business were referred to the committees so designated with the exception of Engrossed Senate Bill No. 6601.
MOTION
On motion of Representative Peery, the rules were suspended and Engrossed Senate Bill No. 6601 was advanced to the second reading calendar.
There being no objection, the House advanced to the fifth order of business.
REPORTS OF STANDING COMMITTEES
March 3, 1994
HB 2756 Prime Sponsor, Representative Mastin: Enacting the Blueprint for Change. Reported by Committee on Appropriations
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Ballasiotes; Basich; Dellwo; Dorn; G. Fisher; Foreman; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Sehlin; Stevens; Talcott and Wang.
MINORITY recommendation: Do not pass. Signed by Representatives Cooke; Dunshee; Sheahan; Wineberry and Wolfe.
Excused: Representative Appelwick.
March 3, 1994
HCR 4434 Prime Sponsor, Representative Jacobsen: Establishing a joint select committee on higher education. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass. Signed by Representatives Jacobsen, Chair; Quall, Vice Chair; Brumsickle, Ranking Minority Member; Sheahan, Assistant Ranking Minority Member; Basich; Bray; Carlson; Finkbeiner; Flemming; Kessler; Mastin; Ogden; Orr; Rayburn; Shin and Wood.
Excused: Representatives Casada and Mielke.
Passed to Committee on Rules for second reading.
March 3, 1994
2SSB 6347 Prime Sponsor, Committee on Ways & Means: Providing tax credits and deferrals for high-technology businesses. Reported by Committee on Revenue
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that high-wage, high-skilled jobs are vital to the economic health of the state's citizens, and that targeted tax incentives will encourage the formation of high-wage, high-skilled jobs. The legislature also finds that tax incentives should be subject to the same rigorous requirements for efficiency and accountability as are other expenditure programs, and that tax incentives should therefore be focused to provide the greatest possible return on the state's investment.
The legislature also finds that high-technology businesses are a vital and growing source of high-wage, high-skilled jobs in this state, and that the high-technology sector is a key component of the state's effort to encourage economic diversification. However, the legislature finds that many high-technology businesses incur significant costs associated with research and development and pilot scale manufacturing many years before a marketable product can be produced, and that current state tax policy discourages the growth of these companies by taxing them long before they become profitable.
The legislature further finds that stimulating growth of high-technology businesses early in their development cycle, when they are turning ideas into marketable products, will build upon the state's established high-technology base, creating additional research and development jobs and subsequent manufacturing facilities.
For these reasons, the legislature hereby establishes a program of business and occupation tax credits for qualified research and development expenditures. The legislature also hereby establishes a tax deferral program for high-technology research and development and pilot scale manufacturing facilities. The legislature declares that these limited programs serve the vital public purpose of creating employment opportunities in this state. The legislature further declares its intent to create a contract within the meaning of Article I, section 23 of the state Constitution as to those businesses that make capital investments in consideration of the tax deferral program established in this chapter.
NEW SECTION. Sec. 2. A new section is added to chapter 82.04 RCW to read as follows:
(1) In computing the tax imposed under this chapter, a credit is allowed for each person whose research and development spending during the year in which the credit is claimed exceeds 0.92 percent of the person's taxable amount during the same calendar year.
(2) The credit is equal to the greater of the amount of qualified research and development expenditures of a person or eighty percent of amounts received by a person other than a public educational or research institution in compensation for the conduct of qualified research and development, multiplied by the rate of 0.515 percent in the case of a nonprofit corporation or nonprofit association engaging within this state in research and development, and 2.5 percent for every other person.
(3) Any person entitled to the credit provided in subsection (2) of this section as a result of qualified research and development conducted under contract may assign all or any portion of the credit to the person contracting for the performance of the qualified research and development.
(4) The credit, including any credit assigned to a person under subsection (3) of this section, shall be taken against taxes due for the same calendar year in which the qualified research and development expenditures are incurred. The credit, including any credit assigned to a person under subsection (3) of this section, for calendar year 1994 shall not exceed the lesser of one million dollars or the taxes otherwise due under this chapter for the period July 1, 1994 through December 31, 1994. The credit, including any credit assigned to a person under subsection (3) of this section, for each calendar year thereafter shall not exceed the lesser of two million dollars or the amount of tax otherwise due under this chapter for the calendar year.
(5) Any person taking the credit, including any credit assigned to a person under subsection (3) of this section, whose research and development spending during the calendar year in which the credit is claimed fails to exceed 0.92 percent of the person's taxable amount during the same calendar year shall be liable for payment of the additional taxes represented by the amount of credit taken together with interest, but not penalties. Interest shall be due at the rate provided for delinquent excise taxes retroactively to the date the credit was taken until the taxes are paid. Any credit assigned to a person under subsection (3) of this section that is disallowed as a result of this section may be taken by the person who performed the qualified research and development subject to the limitations set forth in subsection (4) of this section.
(6) Any person claiming the credit, and any person assigning a credit as provided in subsection (3) of this section, shall file an affidavit form prescribed by the department which shall include the amount of the credit claimed, an estimate of the anticipated qualified research and development expenditures during the calendar year for which the credit is claimed, an estimate of the taxable amount during the calendar year for which the credit is claimed, and such additional information as the department may prescribe.
(7) A person claiming the credit shall agree to supply the department with information necessary to measure the results of the tax credit program for qualified research and development expenditures.
(8) The department shall use the information required under subsection (7) of this section to perform three assessments on the tax credit program authorized under this section. The assessments will take place in 1997, 2000, and 2003. The department shall prepare reports on each assessment and deliver their reports by September 1, 1997, September 1, 2000, and September 1, 2003. The assessments shall measure the effect of the program on job creation, company growth, the introduction of new products, the diversification of the state's economy, growth in research and development investment, the movement of firms or the consolidation of firms' operations into the state, and such other factors as the department selects.
(9) For the purpose of this section:
(a) "Qualified research and development expenditures" means operating expenses, including wages, compensation of a proprietor or a partner in a partnership as determined under rules adopted by the department, benefits, supplies, and computer expenses, directly incurred in qualified research and development by a person claiming the credit provided in this section. The term does not include amounts paid to a person other than a public educational or research institution to conduct qualified research and development. Nor does the term include capital costs and overhead, such as expenses for land, structures, or depreciable property.
(b) "Qualified research and development" shall have the same meaning as in section 3 of this act.
(c) "Research and development spending" means qualified research and development expenditures plus eighty percent of amounts paid to a person other than a public educational or research institution to conduct qualified research and development.
(d) "Taxable amount" means the taxable amount subject to the tax imposed in this chapter required to be reported on the person's combined excise tax returns during the year in which the credit is claimed, less any taxable amount for which a credit is allowed under RCW 82.04.440.
(10) This section shall expire December 31, 2004.
NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Advanced computing" means technologies used in the designing and developing of computing hardware and software, including innovations in designing the full spectrum of hardware from hand-held calculators to super computers, and peripheral equipment.
(2) "Advanced materials" means materials with engineered properties created through the development of specialized processing and synthesis technology, including ceramics, high value-added metals, electronic materials, composites, polymers, and biomaterials.
(3) "Applicant" means a person applying for a tax deferral under this chapter.
(4) "Biotechnology" means the application of technologies, such as recombinant DNA techniques, biochemistry, molecular and cellular biology, genetics and genetic engineering, cell fusion techniques, and new bioprocesses, using living organisms, or parts of organisms, to produce or modify products, to improve plants or animals, to develop microorganisms for specific uses, to identify targets for small molecule pharmaceutical development, or to transform biological systems into useful processes and products or to develop microorganisms for specific uses.
(5) "Department" means the department of revenue.
(6) "Electronic device technology" means technologies involving microelectronics; semiconductors; electronic equipment and instrumentation; radio frequency, microwave, and millimeter electronics; and optical and optic-electrical devices; and data and digital communications and imaging devices.
(7) "Eligible investment project" means that portion of an investment project which either initiates a new operation, or expands or diversifies a current operation by expanding, renovating, or equipping an existing facility with costs in excess of twenty-five percent of the true and fair value of the facility prior to improvement. The lessor or owner of the qualified building is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person, or unless the lessor by written contract agrees to pass the economic benefit of the deferral to the lessee in the form of reduced rent payments.
(8) "Environmental technology" means assessment and prevention of threats or damage to human health or the environment, environmental cleanup, and the development of alternative energy sources.
(9) "Investment project" means an investment in qualified buildings or qualified machinery and equipment, including labor and services rendered in the planning, installation, and construction or improvement of the project.
(10) "Person" has the meaning given in RCW 82.04.030.
(11) "Pilot scale manufacturing" means design, construction, and testing of preproduction prototypes and models in the fields of biotechnology, advanced computing, electronic device technology, advanced materials, and environmental technology other than for commercial sale. As used in this subsection, "commercial sale" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.
(12) "Qualified buildings" means structures used for pilot scale manufacturing or qualified research and development, including plant offices and other facilities that are an essential or an integral part of a structure used for pilot scale manufacturing or qualifying research and development. If a building is used partly for pilot scale manufacturing or qualifying research and development, and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.
(13) "Qualified machinery and equipment" means fixtures, equipment, and support facilities that are an integral and necessary part of a pilot scale manufacturing or qualified research and development operation. "Qualified machinery and equipment" includes: Computers; software; data processing equipment; laboratory equipment, instrumentation, and other devices used in a process of experimentation to develop a new or improved pilot model, plant process, product, formula, invention, or similar property; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; vats, tanks, and fermenters; operating structures; and all other equipment used to control, monitor, or operate the machinery. For purposes of this chapter, qualified machinery and equipment must be either new to the taxing jurisdiction of the state or new to the certificate holder, except that used machinery and equipment may be treated as qualified machinery and equipment if the certificate holder either brings the machinery and equipment into Washington or makes a retail purchase of the machinery and equipment in Washington or elsewhere.
(14) "Qualified research and development" means research and development performed within this state in the fields of advanced computing, advanced materials, biotechnology, electronic device technology, and environmental technology.
(15) "Recipient" means a person receiving a tax deferral under this chapter.
(16) "Research and development" means activities performed to discover technological information, and technical and nonroutine activities concerned with translating technological information into new or improved products, processes, techniques, formulas, inventions, or software. The term includes exploration of a new use for an existing drug, device, or biological product if the new use requires separate licensing by the federal food and drug administration under chapter 21, C.F.R., as amended. The term does not include adaptation or duplication of existing products where the products are not substantially improved by application of the technology, nor does the term include surveys and studies, social science and humanities research, market research or testing, quality control, sale promotion and service, computer software developed for internal use, and research in areas such as improved style, taste, and seasonal design.
NEW SECTION. Sec. 4. Application for deferral of taxes under this chapter must be made before initiation of construction of, or acquisition of equipment or machinery for the investment project. The application shall be made to the department in a form and manner prescribed by the department. The application shall contain information regarding the location of the investment project, the applicant's average employment in the state for the prior year, estimated or actual new employment related to the project, estimated or actual wages of employees related to the project, estimated or actual costs, time schedules for completion and operation, and other information required by the department. The department shall rule on the application within sixty days.
Applicants for deferral of taxes under this chapter shall agree to supply the department with nonproprietary information necessary to measure the results of the tax deferral program for high-technology research and development and pilot scale manufacturing facilities. The department shall use the information to perform three assessments on the tax deferral program authorized under chapter . . ., Laws of 1994 (this act). The assessments will take place in 1997, 2000, and 2003. The department shall prepare reports on each assessment and deliver their reports by September 1, 1997, September 1, 2000, and September 1, 2003. The assessments shall measure the effect of the program on job creation, company growth, the introduction of new products, the diversification of the state's economy, growth in research and development investment, the movement of firms or the consolidation of firms' operations into the state, and such other factors as the department selects.
NEW SECTION. Sec. 5. (1) Except as provided in subsection (2) of this section, the department shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW on each eligible investment project.
(2) No certificate may be issued for an investment project that has already received a deferral under chapters 82.60 or 82.61 RCW or this chapter, except that an investment project for qualified research and development that has already received a deferral may also receive an additional deferral certificate for adapting the investment project for use in pilot scale manufacturing.
(3) This section shall expire July 1, 2004.
NEW SECTION. Sec. 6. (1) Except as provided in subsections (2) and (3) of this section, a recipient shall begin paying taxes deferred under this chapter on December 31st of the third calendar year after the date certified by the department as the date on which the investment project has been operationally completed, or on December 31st of the fifth calendar year after the certificate was granted, whichever is sooner. Subsequent annual payments shall be due on December 31st of the following four years with amounts of payment scheduled as follows:
Repayment Year % of Deferred Tax Repaid
1 10%
2 15%
3 20%
4 25%
5 30%
(2) A recipient that is an institution recognized as a comprehensive cancer center by the national cancer institute before April 20, 1983, shall begin paying taxes deferred under this chapter on December 31st of the third calendar year after the date certified by the department as the date on which the investment project has been operationally completed, or on December 31st of the fifth calendar year after the certificate was granted, whichever is sooner. Subsequent annual payments shall be due on December 31st of the following four years with amounts of payment scheduled as follows:
Repayment Year % of Deferred Tax Repaid
1 10%
2 12%
3 14%
4 28%
5 36%
(3) A recipient of a tax deferral on an investment project for qualified research and development on, or pilot scale manufacturing of, a drug, device, or biological product that requires licensing by the federal food and drug administration under chapter 21, C.F.R., as amended, shall begin paying taxes deferred under this chapter on December 31st of the fifth calendar year after the date certified by the department as the date on which the investment project has been operationally completed, or on December 31st of the seventh calendar year after the certificate was granted, whichever is sooner. Subsequent annual payments shall be due on December 31st of the following five years with amounts of payment scheduled as follows:
Repayment Year % of Deferred Tax Repaid
1 10%
2 10%
3 15%
4 20%
5 20%
6 25%
(4) The department may authorize an accelerated repayment schedule upon request of the recipient.
(5) Interest may not be charged on taxes deferred under this chapter for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this chapter. The debt for deferred taxes will not be extinguished by insolvency or other failure of the recipient.
NEW SECTION. Sec. 7. If an investment project is used for purposes other than qualified research and development or pilot scale manufacturing prior to repayment of the taxes deferred under this chapter, the amount of the deferred taxes outstanding for the project is immediately due.
NEW SECTION. Sec. 8. Chapter 82.32 RCW applies to the administration of this chapter.
NEW SECTION. Sec. 9. Applications and other information received by the department under this chapter are not confidential and are subject to disclosure.
NEW SECTION. Sec. 10. The department shall perform an assessment of the results of the tax credit and tax deferral programs authorized under chapters 82.60, 82.61, and 82.62 RCW and deliver a report on the assessment to the governor and the legislature by September 1, 1996. The assessments shall measure the effect of the programs on job creation, company growth, the introduction of new products, the diversification of the state's economy, growth in research and development investment, the movement of firms or the consolidation of firms' operations into the state, and such other factors as the department selects.
NEW SECTION. Sec. 11. Sections 1 and 3 through 9 of this act shall constitute a new chapter in Title 82 RCW.
NEW SECTION. Sec. 12. This act shall take effect July 1, 1994."
Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Silver; Talcott; Thibaudeau; Van Luven and Wang.
MINORITY recommendation: Do not pass. Signed by Representative Rust.
Excused: Representative Fuhrman; Assistant Ranking Minority Member.
March 3, 1994
SB 6606 Prime Sponsor, Rinehart: Repealing the general business and occupation surtax. Reported by Committee on Revenue
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. RCW 82.04.2201 and 1993 sp.s. c 25 s 204 are each repealed.
NEW SECTION. Sec. 2. The repeals in section 1 of this act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections repealed or under any rule or order adopted under those sections, nor as affecting any proceeding instituted under those sections.
NEW SECTION. Sec. 3. This act shall take effect July 1, 1997."
Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver; Talcott; Van Luven and Wang.
MINORITY recommendation: Do not pass. Signed by Representative Thibaudeau.
Excused: Representative Fuhrman; Assistant Ranking Minority Member.
On motion of Representative Peery, the bills and resolution listed on today's committee reports under the fifth order of business were referred to the committees so designated, with the exception of House Bill No. 2765, Second Substitute Senate Bill No. 6347 and Senate Bill No. 6606 were advanced to the second reading calendar.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE HOUSE BILL NO. 1561,
SUBSTITUTE HOUSE BILL NO. 1955,
SUBSTITUTE HOUSE BILL NO. 2151,
SUBSTITUTE HOUSE BILL NO. 2170,
SUBSTITUTE HOUSE BILL NO. 2182,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2198,
SUBSTITUTE HOUSE BILL NO. 2246,
SUBSTITUTE HOUSE BILL NO. 2414,
SUBSTITUTE HOUSE BILL NO. 2424,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2434,
SUBSTITUTE HOUSE BILL NO. 2526,
SUBSTITUTE HOUSE BILL NO. 2541,
SUBSTITUTE HOUSE BILL NO. 2582,
There being no objection, the House advanced to the sixth order of business.
SECOND READING
MOTION
Representative Peery moved that the House consider the following bills in the following order: Second Substitute Senate Bill No. 5372, Second Substitute Senate Bill No. 6053, Senate Bill No. 6055, Substitute Senate Bill No. 6070 and House Bill No. 2487. The motion was carried.
SECOND SUBSTITUTE SENATE BILL NO. 5372, by Senate Committee on Government Operations (originally sponsored by Senators Loveland and Winsley)
Changing multiple tax provisions.
The bill was read the second time. Committee on Revenue recommendation: Majority, do pass committee amendments by Committee on Revenue. (For committee amendment see Journal, 50th Day, February 28, 1994.), but without committee amendments by the Committee on Local Government.
Representative H. Myers moved the adoption of the committee amendment by the Committee on Local Government.
With the consent of the House, Representative Van Luven withdrew amendment number 1271.
Representative H. Myers spoke against adoption of the committee amendment by Committee on Local Government. The amendment was not adopted.
Representative Holm moved the adoption of the committee amendment by the Committee on Revenue.
Representative Van Luven moved adoption of the following amendment by Representative Van Luven to the committee amendment:
On page 34, line 27, strike "fifteen" and insert "fourteen"
AND
On page 34, line 34, strike "fifteen" and insert "fourteen"
AND
On page 35, line 11, strike "ten" and insert "seven"
Representatives Van Luven and H. Myers spoke in favor of the adoption of the amendment to the committee amendment and it was adopted. The committee amendment as amended was adopted.
The Speaker called upon Representative R. Meyers to preside.
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. 5372 as amended by the House.
Representatives Holm and Foreman spoke in favor of passage of the bill.
MOTIONS
On motion of Representative J. Kohl, Representatives G. Fisher, Anderson and Appelwick were excused.
On motion of Representative Wood, Representative Dyer was excused.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5372 as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, 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, 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 - 94.
Excused: Representatives Anderson, Appelwick, Dyer and Fisher, G. - 4.
Second Substitute Senate Bill No. 5372 as amended by the House, having received the constitutional majority, was declared passed.
SECOND SUBSTITUTE SENATE BILL NO. 6053, by Senate Committee on Ways & Means (originally sponsored by Senators Loveland, Snyder and Haugen)
Modifying procedure for providing assistance to county assessors.
The bill was read the second time. Committee on Revenue recommendation: Majority, do pass with amendments by the Committee on Revenue (For committee amendment see Journal, 50th Day, February 28, 1994.), but without amendments by the Committee on Local Government.
Representative H. Myers moved adoption of the committee amendment by the Committee on Local Government.
Representative H. Myers spoke against adoption of the amendment. The amendment was not adopted.
Representative Holm moved the adoption of the committee amendment by the Committee on Revenue. The committee amendment by the Committee on Revenue 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. 6053 as amended by the House.
Representatives Holm, Foreman and Edmondson 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. 6053 as amended by the House, and the bill passed the House by the following vote: Yeas - 87, Nays - 7, Absent - 0, Excused - 4.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Caver, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, R., Flemming, Foreman, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 87.
Voting nay: Representatives Ballard, Casada, Chandler, Cooke, Forner, Lisk and Tate - 7.
Excused: Representatives Anderson, Appelwick, Dyer and Fisher, G. - 4.
Second Substitute Senate Bill No. 6053 as amended by the House, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6055, by Senators Loveland and Winsley
Making the minimum salary for county coroners consistent with the salaries of other full time county officials.
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. Representatives H. Myers and Edmondson 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. 6055 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6055 as amended by the House, and the bill passed the House by the following vote: Yeas - 83, Nays - 11, Absent - 1, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brown, Brumsickle, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, R., Flemming, Foreman, Fuhrman, 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., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sheahan, Shin, Silver, Sommers, Springer, Stevens, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 83.
Voting nay: Representatives Brough, Carlson, Casada, Forner, Lisk, McMorris, Peery, Sehlin, Sheldon, Talcott and Van Luven - 11.
Absent: Representative Campbell - 1.
Excused: Representatives Anderson, Dyer and Fisher, G. - 3.
Senate Bill No. 6055 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6070, by Senate Committee on Government Operations (originally sponsored by Senators Loveland, Winsley and M. Rasmussen; by request of Secretary of State)
Managing certain public records.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended by the Committee on State Government. (For committee amendments see Journal, 50th Day, February 28, 1994.)
Representative Veloria 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. 6070 as amended by the House.
Representatives Veloria 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. 6070 as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 1, 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, 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, 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 - 94.
Voting nay: Representative Lisk - 1.
Excused: Representatives Anderson, Dyer and Fisher, G. - 3.
Substitute Senate Bill No. 6070 as amended by the House, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2487, by Representatives Appelwick, Forner and Karahalios; by request of Department of Social and Health Services
Revising provisions relating to employer reporting to the Washington state support registry.
House Bill No. 2487 was read the second time.
Representative Ogden moved adoption of the following amendment by Representative Ogden:
On page 3, line 2, after "destroyed." insert "Prior to the destruction of the notice, the department of social and health services shall make the information contained in the notice available to other state agencies, based upon the written request of an agency's director or chief executive, specifically for comparison with records or information possessed by the requesting agency to detect improper or fraudulent claims. If, after comparison, no such situation is found or reasonably suspected to exist, the information shall be promptly destroyed by the requesting agency. Requesting agencies that obtain information from the department of social and health services under this section shall maintain the confidentiality of the information received, except as necessary to implement the agencies' responsibilities."
Representatives Ogden and Appelwick spoke in favor of the adoption of the amendment and Representatives Padden and Forner spoke against it.
Representative Ogden again spoke in favor of adoption of the amendment.
The Speaker (Representative R. Meyers presiding) divided the House. The results of the division was: 52-YEAS; 43-NAYS. The amendment was adopted.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2487.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2487, 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, 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 - 96.
Excused: Representatives Anderson and Dyer - 2.
Engrossed House Bill No. 2487, having received the constitutional majority, was declared passed.
The Speaker (Representative R. Meyers presiding) declared the House to be at ease.
The Speaker (Representative R. Meyers presiding) called the House to order.
MOTION
Representative Peery moved that the House immediately consider Substitute Senate Bill No. 6028 on the second reading calendar. The motion was carried.
SUBSTITUTE SENATE BILL NO. 6028, by Senate Committee on Government Operations (originally sponsored by Senators Winsley and Haugen)
Changing provisions relating to local option elections within cities, towns, and counties.
Substitute Senate Bill No. 6028 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. 6028.
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. 6028, 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. 6028, having received the constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 6044, by Senators Bauer, Prentice and Sheldon; by request of Washington State University
Changing residency status of Native Americans for purposes of higher education tuition.
The bill was read the second time. Committee on Higher Education recommendation: Majority, do pass as amended. Committee on Appropriations recommendation: Majority, do pass as amended by the Committee on Higher Education. (For committee amendment see Journal, 50th Day, February 28, 1994.)
Representative Jacobsen moved the adoption of the committee amendment.
Representative Jacobsen moved adoption of the following amendment by Representative Jacobsen and others to the committee amendment:
On page 1, beginning on line 11, after "First," strike everything through "28B.10.016" on line 14 and insert "for a period of one year immediately prior to enrollment at a state institution of higher education as defined in RCW 28B.10.016, the student must have been domiciled in one or a combination of the following states: Idaho; Montana; Oregon; or Washington"
Representative Jacobsen 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 Senate Bill No. 6044 as amended by the House.
Representatives Dellwo and Brumsickle spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6044 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 Senate Bill No. 6044 as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 6057, by Senator Ludwig
Strengthening restrictions on aliens carrying firearms.
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 Dorn 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 Senate Bill No. 6057 as amended by the House.
Representatives Appelwick and Padden spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6057 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, 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, 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 Romero - 1.
Engrossed Senate Bill No. 6057 as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6068, by Senate Committee on Ecology & Parks (originally sponsored by Senators Fraser, Deccio, Spanel and Oke)
Revising procedures for appeals involving boards within the environmental hearings office.
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. 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. 6068 as amended by the House.
Representatives Rust and Horn spoke in favor of passage of the bill.
On motion of Representative J. Kohl, Representative Wang was excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6068 as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, 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, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Wang - 1.
Engrossed Substitute Senate Bill No. 6068 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6081, by Senate Committee on Ecology & Parks (originally sponsored by Senators Haugen, Deccio, Bauer and Winsley)
Regulating the use, sale, and distribution of on-site sewage additives.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended by the Committee on Environmental Affairs. (For committee amendment see Journal, 50th Day, February 28, 1994.)
Representative Rust moved the adoption of the committee amendment.
Representative Rust moved adoption of the following amendment by Representative Rust to the committee amendment:
On page 4, after line 20 of the committee amendment, insert the following:
"NEW SECTION. Sec. 6. A new section is added to chapter 70.118 RCW to read as follows:
The department may not use funds appropriated to implement an element of the Puget Sound water quality authority plan to conduct any activity required under this act."
The amendment to the committee amendment 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 Substitute Senate Bill No. 6081 as amended by the House.
Representatives Rust and Horn spoke in favor of passage of the bill.
On motion of Representative J. Kohl, Representative Ogden was excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6081 as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., 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.
Excused: Representative Ogden - 1.
Substitute Senate Bill No. 6081 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6143, by Senate Committee on Ways & Means (originally sponsored by Senators Spanel, Newhouse, Bauer, Nelson, Vognild, Winsley, Moore and Haugen)
Establishing membership service credit.
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 Substitute Senate Bill No. 6143 as amended by the House.
Representatives Valle and Silver spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6143 as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., 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.
Excused: Representative Ogden - 1.
Substitute Senate Bill No. 6143 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 Senate Bill No. 6199 and the bill held its place on the second reading calendar.
SENATE BILL NO. 6203, by Senators Snyder, Haugen and Spanel
Changing limits on rural partial-county library districts.
Senate Bill No. 6203 was read the second time.
Representative Basich moved adoption of the following amendment by Representative Basich:
On page 4, line 1, after "district" insert ", or an adjacent city or town that maintains its own library"
Representative Basich spoke in favor of adoption of the amendment and it was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Senate Bill No. 6203 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 Senate Bill No. 6203 as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., 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.
Excused: Representative Ogden - 1.
Senate Bill No. 6203 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6217, by Senate Committee on Labor & Commerce (originally sponsored by Senators Newhouse, Vognild, Moore, Amondson, Prentice, Sutherland, Fraser, McAuliffe and Winsley)
Requiring the joint task force on unemployment insurance to study additional issues.
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 G. Cole 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. 6217 as amended by the House.
Representatives G. Cole and Lisk spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6217 as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., 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.
Excused: Representative Ogden - 1.
Substitute Senate Bill No. 6217 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6264, by Senate Committee on Natural Resources (originally sponsored by Senators Sutherland, Oke and Fraser)
Authorizing a regional compact for restoring salmon runs.
Substitute Senate Bill No. 6264 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. 6264.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6264, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., 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.
Excused: Representative Ogden - 1.
Substitute Senate Bill No. 6264 having received the constitutional majority, was declared passed.
With the consent of the House, the House recessed until 1:00 p.m.
The Speaker (Representative R. Meyers presiding) declared the House to be at ease until 1:00 p.m.
AFTERNOON SESSION
The Speaker (Representative R. Meyers presiding) called the House to order at 1:00 p.m.
The Clerk called the roll and a quorum was present.
MOTION
Representative Peery moved that the House consider the following bills in the following order: Substitute Senate Bill No. 6466, Substitute Senate Bill No. 6487, Substitute Senate Bill No. 6509, Senate Bill No. 6532, Senate Bill No. 6573 and Senate Bill No. 6438. The motion was carried.
SUBSTITUTE SENATE BILL NO. 6466, by Senate Committee on Transportation (originally sponsored by Senators Prentice, Nelson, Vognild, Hochstatter, Drew, Loveland, Sheldon, Schow, Williams, Erwin and Winsley)
Streamlining the environmental permit processes for the department of transportation.
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 Substitute Senate Bill No. 6466 as amended by the House.
Representatives R. Fisher and Forner spoke in favor of passage of the bill.
MOTIONS
On motion of Representative Talcott, Representatives Wood, Carlson, Mielke, Morris, Lisk, Schmidt and Silver were excused.
On motion of Representative J. Kohl, Representatives Dunshee, Orr, Quall and Scott were excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6466 as amended by the House, and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 1, Excused - 7.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, 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, Padden, Patterson, Peery, Pruitt, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 90.
Absent: Representative Dorn - 1.
Excused: Representatives Carlson, Dunshee, Orr, Quall, Schmidt, Scott and Wood - 7.
Substitute Senate Bill No. 6466 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6487, by Senate Committee on Labor & Commerce (originally sponsored by Senators Moore, Winsley and McAuliffe)
Exempting espresso machines from boiler regulations.
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 G. Cole 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. 6487 as amended by the House.
Representatives G. Cole and Lisk spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6487 as amended by the House, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, 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, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 93.
Substitute Senate Bill No. 6487 as amended by the House, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6509, by Senate Committee on Labor & Commerce (originally sponsored by Senators Moore, Amondson and Prentice; by request of Insurance Commissioner)
Acting in the case of impaired insurers.
Substitute Senate Bill No. 6509 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. 6509.
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. 6509, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, 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, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Carlson, Quall, Scott and Wood - 4.
Substitute Senate Bill No. 6509, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6532, by Senators Wojahn, Talmadge, Deccio, Moore, Moyer, Spanel, M. Rasmussen and Oke
Changing provisions relating to release of criminally insane persons.
Senate Bill No. 6532 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. 6532.
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. 6532, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, 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, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Carlson, Quall, Scott and Wood - 4.
Senate Bill No. 6532, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6573, by Senators Bauer and Bluechel
Directing a study to examine the effect of the tax system on manufacturers.
Senate Bill No. 6573 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. 6573.
Representatives G. Fisher and Foreman spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6573, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, 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, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Carlson, Quall and Wood - 3.
Senate Bill No. 6573, having received the constitutional majority, was declared passed.
SENATE BILL NO. 6438, by Senators Bauer, Hochstatter, Deccio, Sutherland, Drew, McAuliffe, Oke and Winsley
Allowing four-year institutions of higher education to accept students in the running start program.
The bill was read the second time. Committee on Education recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Dorn moved the adoption of the committee amendment.
Representative Dorn moved adoption of the following amendment by Representative Dorn to the committee amendment:
On page 1, line 16 of the amendment, after "(2)" strike "An institution of higher education as defined in RCW 28B.10.016" and insert "A state university, regional university, or state college as defined in RCW 28B.10.016"
Representative Dorn spoke in favor of adoption of the amendment to the committee amendment and it was adopted.
Representative Brumsickle moved adoption of the following amendment by Representative Brumsickle to the committee amendment:
On page 1, line 16 of the amendment, after "(2)" strike "An institution of higher education as defined in RCW 28B.10.016" and insert "Central Washington University"
Representative Brumsickle spoke in favor of 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. 6438 as amended by the House.
Representative Dorn spoke in favor of passage of the bill and Representative Brough spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6438 as amended by the House, and the bill passed the House by the following vote: Yeas - 93, Nays - 2, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brown, Brumsickle, Campbell, 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., Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 93.
Voting nay: Representatives Brough and Valle - 2.
Excused: Representatives Carlson, Quall and Wood - 3.
Senate Bill No. 6438 as amended by the House, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House consider the following bills in the following order: Substitute Senate Bill No. 6018, Engrossed Senate Bill No. 5920 and Engrossed Senate Bill No. 6025. The motion was carried.
SUBSTITUTE SENATE BILL NO. 6018, by Senate Committee on Government Operations (originally sponsored by Senators Winsley and Haugen)
Expanding the uses of the excise tax on the sale of real property.
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 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. 6018 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. 6018 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 Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, 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, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Carlson, Quall and Wood - 3.
Substitute Senate Bill No. 6018 as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 5920, by Senator Vognild
Changing limits for unemployment compensation deductions.
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 adoption of the committee amendment.
Representatives Heavey and Lisk spoke against adoption of the committee amendment. The committee amendment was not adopted.
Representative Heavey moved adoption of the following amendment by Representative Heavey:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The purpose of this act is to provide for a study which will review incentives that encourage workers receiving unemployment insurance benefits to seek employment opportunities and return to full-time employment with the result that the unemployment insurance trust fund is positively affected.
(2)(a) The employment security department shall undertake a pilot project to determine the effect of allowing unemployment insurance claimants to keep a greater portion of their weekly benefits when engaged in part-time or temporary employment, as provided in section 2 of this act. The department shall develop a plan to implement the project, including the number of participants and the criteria for participation in the project. The plan shall be reviewed and approved by the unemployment insurance advisory committee before the pilot is implemented.
(b) The department shall report to the appropriate committees of the legislature on the pilot project by December 31, 1996. The report shall include the impact on the unemployment insurance trust fund and on claimants participating in the project.
NEW SECTION. Sec. 2. For the purposes of the pilot project created under section 1 of this act, the following requirements for defining "unemployment" and level of unemployment insurance benefit deductions is as follows:
(1)(a) An individual shall be deemed to be "unemployed" in any week during which the individual performs no services and with respect to which no remuneration is payable to the individual, or in any week of less than full time work, if the remuneration payable to the individual with respect to such week is less than one and one-half times the individual's weekly benefit amount plus fifteen dollars. The commissioner shall prescribe regulations applicable to unemployed individuals making such distinctions in the procedures as to such types of unemployment as the commissioner deems necessary.
(b) An individual shall be deemed not to be "unemployed" during any week which falls totally within a period during which the individual, pursuant to a collective bargaining agreement or individual employment contract, is employed full time in accordance with a definition of full time contained in the agreement or contract, and for which compensation for full time work is payable. This subsection may not be applied retroactively to an individual who had no guarantee of work at the start of such period and subsequently is provided additional work by the employer; and
(2) If an eligible individual is available for work for less than a full week, he or she shall be paid his or her weekly benefit amount reduced by one-seventh of such amount for each day that he or she is unavailable for work. However, if he or she is unavailable for work for three days or more of a week, he or she shall be considered unavailable for the entire week.
Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his or her weekly benefit amount less sixty-six and two-thirds percent of that part of the remuneration, if any, payable to him or her with respect to such week which is in excess of fifteen dollars. Such benefit, if not a multiple of one dollar, shall be reduced to the next lower multiple of one dollar.
Sec. 3. RCW 50.24.014 and 1993 c 483 § 20 are each amended to read as follows:
(1)(a) A separate and identifiable account to provide for the financing of special programs to assist the unemployed is established in the administrative contingency fund. Contributions to this account shall accrue and become payable by each employer, except employers as described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035, and those employers who are required to make payments in lieu of contributions, at a basic rate of two one-hundredths of one percent. The amount of wages subject to tax shall be determined under RCW 50.24.010.
(b) For the first calendar quarter of 1994 only, ((this)) the basic two one-hundredths of one percent contribution payable under (a) of this subsection shall be increased by one-hundredth of one percent to a total rate of three one-hundredths of one percent. The proceeds of this incremental one-hundredth of one percent shall be used solely for the purposes described in section 22, chapter 483, Laws of 1993, and for the purposes described in section 1 of this act. Any surplus from contributions payable under this subsection (b) will be deposited in the unemployment compensation trust fund.
(2)(a) Contributions under this section shall become due and be paid by each employer under rules as the commissioner may prescribe, and shall not be deducted, in whole or in part, from the remuneration of individuals in the employ of the employer. Any deduction in violation of this section is unlawful.
(b) In the payment of any contributions under this section, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.
(3) If the commissioner determines that federal funding has been increased to provide financing for the services specified in chapter 50.62 RCW, the commissioner shall direct that collection of contributions under this section be terminated on the following January 1st.
NEW SECTION. Sec. 4. The sum of four hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the unemployment insurance funds collected under RCW 50.24.014(1)(b) to the employment security department for the purposes of section 1 of this act.
NEW SECTION. Sec. 5. Sections 1 and 2 of this act shall expire July 1, 1997.
NEW SECTION. Sec. 6. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state."
Representatives Heavey and Lisk spoke in favor of adoption of the amendment and it was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 5920 as amended by the House.
Representative Heavey spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5920 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 Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, 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, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Carlson, Quall and Wood - 3.
Engrossed Senate Bill No. 5920 as amended by the House, having received the constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 6025, by Senators Winsley and Haugen
Changing provisions relating to cities and towns.
The bill was read the second time. Committee on Local Government recommendation: Majority, do pass as amended. (For committee amendment see Journal, 50th Day, February 28, 1994.)
Representative H. Myers moved the adoption of the committee amendment.
Representative Peery moved that the House defer further consideration of Senate Bill No. 6025 and the hold its place on the second reading calendar. The motion was carried.
MOTION
Representative Peery moved that the House consider the following bills in the following order: Substitute Senate Bill No. 6099 and Senate Bill No. 6041. The motion was carried.
The Speaker assumed the chair.
SUBSTITUTE SENATE BILL NO. 6099, by Senate Committee on Agriculture (originally sponsored by Senators M. Rasmussen, Newhouse and Snyder; by request of Department of Agriculture)
Modifying weights and measures provisions.
The bill was read the second time. Committee on Revenue recommendation: Majority, do pass as amended by the Committee on Revenue: (For committee amendment see Journal, 47th Day, February 25, 1994.) Without the amendments by the Committee on Agriculture & Rural Development.
Representative Rayburn moved the adoption of the committee amendment by the Committee on Agriculture & Rural Development and spoke in favor of it. The committee amendment was adopted.
Representative G. Fisher moved the adoption of the committee amendment by the Committee on Revenue.
Representative Forner demanded an electronic roll call vote and the demand was sustained.
Representative G. Fisher spoke in favor of the adoption of the amendment by the Committee on Revenue and Representative Chandler spoke against it.
Representative G. Fisher again spoke in favor of the amendment and Representative Chandler again spoke against it.
ROLL CALL
The Clerk called the roll on adoption of the committee amendment by the Committee on Revenue to Substitute Senate Bill No. 6099, and the amendment was adopted by the following vote: Yeas - 51, Nays - 46, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Caver, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Fisher, G., Fisher, R., Grant, Heavey, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Mastin, Meyers, R., Moak, Myers, H., Ogden, Patterson, Peery, Pruitt, Quall, Riley, Rust, Scott, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 51.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Eide, Finkbeiner, Flemming, Foreman, Forner, Fuhrman, Hansen, Horn, Johanson, Kremen, Lisk, Long, McMorris, Mielke, Morris, Orr, Padden, Rayburn, Reams, Roland, Romero, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L. and Van Luven - 46.
Excused: Representative Wood - 1.
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. 6099 as amended by the House.
Representative G. Fisher spoke in favor of passage of the bill and Representative Lisk spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6099 as amended by the House, failed the House by the following vote: Yeas - 12, Nays - 85, Absent - 0, Excused - 1.
Voting yea: Representatives Caver, Cole, G., Dunshee, Grant, Jacobsen, Leonard, Quall, Riley, Scott, Thibaudeau, Veloria and Wineberry - 12.
Voting nay: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Conway, Cooke, Cothern, Dellwo, Dorn, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Hansen, Heavey, Holm, Horn, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Wang, Wolfe, Zellinsky and Mr. Speaker - 85.
Excused: Representative Wood - 1.
Substitute Senate Bill No. 6099 as amended by the House, not having received the constitutional majority, was declared failed.
Please change my vote from AYE to a NAY on Substitute Senate Bill No. 6099.
PAULL SHIN, 21st District
SENATE BILL NO. 6041, by Senators Ludwig, A. Smith, Winsley, Oke, Nelson and McAuliffe
Prescribing penalties for criminal street gang activities.
Senate Bill No. 6041 was read the second time.
Representative Wineberry moved adoption of the following amendment by Representative Wineberry and others:
On page 3, beginning on line 27, strike all material through "acts." on line 30, and insert:
"(13) "Criminal gang-related activity" is defined as illegal activity collectively engaged in by a group of three or more persons whose intent is to further the unlawful enterprise of a criminal gang."
On page 12, beginning on line 36, strike all material through "members." on line 39, and insert:
"(h) The offense was motivated by an intent to further criminal gang-related activity as defined in RCW 9.94A.030(13)."
Representatives Wineberry, Morris and Long spoke in favor of adoption of the amendment and it was adopted.
Representative Caver moved adoption of the following amendment by Representative Caver:
On page 12, after line 39, insert:
NEW SECTION. Sec. 3. The sentencing guidelines commission shall study the effect of this act. This study shall be completed within 12 months of the effective date of this act and shall address the racially disparate impact, if any, which is found in the application of the basis for an exceptional sentence. This report shall be published and made a public document.
The legislature shall publicly address the racially disparate impact in hearings and legislation, if any is found by the sentencing guidelines commission.
Representatives Caver and Morris spoke in favor of adoption of the amendment and it was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Senate Bill No. 6041 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 Senate Bill No. 6041 as amended by the House, and the bill passed the House by the following vote: Yeas - 90, Nays - 7, Absent - 0, Excused - 1.
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., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kremen, Lemmon, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 90.
Voting nay: Representatives Anderson, Cole, G., Fisher, R., Kohl, J., Leonard, Rust and Thibaudeau - 7.
Excused: Representative Wood - 1.
Senate Bill No. 6041 as amended by the House, having received the constitutional majority, was declared passed.
With the consent of the House, the House resumed consideration of Engrossed Senate Bill No. 6025.
Representative H. Myers moved adoption of the following amendment by Representative H. Myers and Edmondson to the committee amendment:
On page 4, after line 22 of the amendment, insert the following:
"NEW SECTION. Sec. 9. A new section is added to chapter 42.41 RCW to read as follows:
(1) It is unlawful for a city or town official or employee to directly or indirectly use or attempt to use his or her official authority or influence for the purpose of intimidating, threatening, coercing, or influencing an employee not to disclose information concerning improper governmental action to a person designated under RCW 42.41.030(3).
(2) Nothing in this section authorizes an employee to disclose
information otherwise prohibited by law."
Representatives H. Myers and Edmondson spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Van Luven moved adoption of the following amendment by Representative Van Luven to the committee amendment:
On page 4, line 23, strike all of section 9.
Representatives Van Luven and Chandler spoke in favor of adoption of the amendment to the committee amendment and Representatives Zellinsky and Edmondson spoke against it.
The Speaker divided the House. The results of the division was: 30-YEAS; 67-NAYS. The amendment to the committee amendment was not adopted.
Representative Heavey moved adoption of the following amendment by Representative Heavey to the committee amendment:
On page 8, after line 34, insert the following new sections:
"NEW SECTION. Sec. 13. A new section is added to chapter 35.21 RCW to read as follows:
(1) Except as otherwise provided in subsection (2) of this section, nothing in this chapter authorizes a city or town that provides water or sewer service outside the corporate boundaries of the city or town to require, as condition of providing water or sewer service, the property owner who has requested water or sewer service to agree to:
(a) Lot sizes different from those required by the jurisdiction with zoning authority over the property; or
(b) Other development or design requirements not required by the local government with jurisdiction over the property.
(2) A city or town may impose conditions not otherwise allowed under subsection (1) of this section if:
(a) The conditions are reasonably necessary to the proper functioning of the water or sewer service; or
(b) The local government with jurisdiction over the property concurs with the conditions during review pursuant to chapter 43.21C RCW, interlocal cooperation agreement under chapter 39.34 RCW, or the project approval process.
NEW SECTION. Sec. 14. A new section is added to chapter 35.92 RCW to read as follows:
(1) Except as otherwise provided in subsection (2) of this section, nothing in this chapter authorizes a city or town that provides water or sewer service outside the corporate boundaries of the city or town to require, as condition of providing water or sewer service, the property owner who has requested water or sewer service to agree to:
(a) Lot sizes different from those required by the jurisdiction with zoning authority over the property; or
(b) Other development or design requirements not required by the local government with jurisdiction over the property.
(2) A city or town may impose conditions not otherwise allowed under subsection (1) of this section if:
(a) The conditions are reasonably necessary to the proper functioning of the water or sewer service; or
(b) The local government with jurisdiction over the property concurs with the conditions during review pursuant to chapter 43.21C RCW, interlocal cooperation agreement under chapter 39.34 RCW, or the project approval process.
NEW SECTION. Sec. 15. Sections 13 and 14 of this act shall take effect July 1, 1994.
NEW SECTION. Sec. 16. (1) Sections 13 and 14 of this act do not apply to any application for a plat or subdivision subject to chapter 58.17 RCW and filed before July 1, 1994. Nor do such sections apply to any land located within such a plat or subdivision.
(2) Nothing in subsection (1) of this section and sections 13 and 14 of this act shall be construed to affect, in any manner whatsoever, the validity or invalidity of any city's or town's regulations or restrictions with respect to applications and lands that, under subsection (1) of this section, are excluded from the application of sections 13 and 14 of this act. It is the intent of the legislature that any legal questions concerning the authority of a city or town to apply such regulations or restrictions to such excluded applications and lands shall be determined as if subsection (1) and sections 13 and 14 were not law."
Representative Heavey spoke in favor of adoption of the amendment to the committee amendment and it was adopted.
With the consent of the House, Representative Heavey withdrew amendment number 1307 to Engrossed Senate Bill No. 6025.
The committee amendments as amended was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 6025 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 Engrossed Senate Bill No. 6025 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, 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, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Voting nay: Representative Van Luven - 1.
Absent: Representative Finkbeiner - 1.
Engrossed Senate Bill No. 6025 as amended by the House, having received the constitutional majority, was declared passed.
The Speaker called upon Representative R. Meyers to preside.
MOTION
Representative Peery moved that the House consider Engrossed Second Substitute Senate Bill No. 6426 on the second reading calendar. The motion was carried.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6426, by Senate Committee on Ways & Means (originally sponsored by Senators Sutherland, Ludwig, Talmadge, Quigley, Vognild, Williams, Owen, McCaslin, Amondson, Hochstatter, West, Erwin, Bauer, Pelz, A. Smith, Hargrove, Skratek and Oke)
Providing public electronic access to government information.
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 Anderson 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 Second Substitute Senate Bill No. 6426 as amended by the House.
Representatives Anderson and Reams spoke in favor of passage of the bill.
On motion of Representative J. Kohl, Representative Riley was excused.
Representative Anderson yielded to a question by Representative B. Thomas.
Representative B. Thomas: There was a mention of a fiscal note. Do you have a copy?
Representative Anderson: No, I do not.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6426 as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Riley - 1.
Engrossed Second Substitute Senate Bill No. 6426 as amended by the House, having received the constitutional majority, was declared passed.
The Speaker assumed the chair.
With the consent of the House, the House resumed consideration of Engrossed Substitute Senate Bill No. 6123.
Representative Rust has raised a point of order to the scope and object of amendment 1275.
In ruling on the point of order, the Speaker finds that Engrossed Substitute Senate Bill No. 6123 is narrowly entitled "An act relating to authority of the state under the model toxics control act". The measure deals with the regulatory authority of the state under chapter 70.105 RCW, hazardous waste management, and under the model toxics control act found in chapter 70.105D RCW.
Amendment 1275 requires the Departments of Ecology and Health to conduct a study regarding the geographical distribution of toxic chemicals releases and defined environmental facilities. The amendment does not directly impact the regulatory authority of the state under chapters 70.105 and 70.105D RCW.
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 Wineberry moved adoption of the following amendment by Representative Wineberry to the committee amendment:
On page 2, line 4 of the amendment, after "use." insert
"It is also in the public interest to ensure that people living adjacent to industrial properties have the same level of protection from hazardous substances as persons living in non-industrial areas."
On page 7, line 19 of the amendment, after "(5)" insert "(a)"
On page 7, line 21 of the amendment, after "sites." insert the following:
"(b) The department shall conduct a study, in cooperation with the department of health, to identify the distribution of reported hazardous substance releases and environmental facilities in residential areas adjacent to industrial properties. The purpose of the study shall be to determine if people living adjacent to industrial properties have the same level of protection from hazardous substances as citizens living in non-industrial areas. The department shall submit the results of the study, which may include recommendations for further action, to the appropriate standing committees of the legislature by June 30, 1995. The study 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.
(c) For the purposes of (b) of this subsection, "hazardous substance" 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.). "Environmental facility" means a facility that:
(i) Is required to report under the toxic release inventory pursuant to the federal emergency planning and community right-to-know act;
(ii) Is placed on the hazardous sites list as maintained by the department of ecology pursuant to RCW 70.105D.030; or
(iii) 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."
Representative Rust requested a ruling on the scope and object of amendment number 1330 to Engrossed Substitute Senate Bill No. 6123.
The substance of amendment 1330 is virtually identical to that of amendment number 1275 which the Speaker just ruled upon as beyond the scope and object of the bill. For the reasons expressed in the previous ruling, the Speaker finds that amendment number 1330 is beyond the scope and object of the bill. Your point of order is well taken, Representative Rust.
The Speaker stated the question before the House to be the adoption of the committee amendment.
Representative Rust spoke in favor of the committee 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 Engrossed Substitute Senate Bill No. 6123 as amended by the House.
Representatives Rust, Horn, Wineberry and Forner 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. 6123 as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Riley - 1.
Engrossed Substitute Senate Bill No. 6123 as amended by the House, having received the constitutional majority, was declared passed.
The Speaker called upon Representative R. Meyers to preside.
MESSAGE FROM THE SENATE
March 4, 1994
Mr. Speaker:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 1561,
SUBSTITUTE HOUSE BILL NO. 1955,
SUBSTITUTE HOUSE BILL NO. 2151,
SUBSTITUTE HOUSE BILL NO. 2170,
SUBSTITUTE HOUSE BILL NO. 2182,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2198,
SUBSTITUTE HOUSE BILL NO. 2246,
SUBSTITUTE HOUSE BILL NO. 2414,
SUBSTITUTE HOUSE BILL NO. 2424,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2434,
SUBSTITUTE HOUSE BILL NO. 2526,
SUBSTITUTE HOUSE BILL NO. 2541,
SUBSTITUTE HOUSE BILL NO. 2582,
and the same are herewith transmitted.
Marty Brown, Secretary
There being no objection, the House reverted to the fourth order of business.
SUPPLEMENTAL INTRODUCTION AND FIRST READING
2SSB 6271 by Committee on Ways & Means (originally sponsored by Senators Sutherland, Amondson, Moore, Erwin, Hargrove, Winsley and Quigley)
Protecting residents against unfair construction services.
Referred to the Committee on Commerce & Labor.
On motion of Representative Sheldon, the bill listed on today's supplemental introduction sheet under the fourth order of business was referred to the committee so designated.
The Speaker assumed the chair.
MOTION
Representative Peery moved that the House immediately consider Engrossed Senate Bill No. 6601 on the second reading calendar. The motion was carried.
ENGROSSED SENATE BILL NO. 6601, by Senators Gaspard, Sellar, Quigley, Rinehart, Oke, Winsley, Ludwig, Drew, Franklin, Skratek and M. Rasmussen
Providing for government performance and accountability.
Engrossed Senate Bill No. 6601 was read the second time.
Representative Peery moved adoption of the following amendment by Representative Peery:
On page 2, line 13, strike "regardless of" and insert "with due regard for"
Representative Peery spoke in favor of adoption of the amendment and it was adopted.
Representative Pruitt moved adoption of the following amendment by Representative Pruitt:
On page 4, line 34, after "of" insert "general goals for the state of Washington,"
Representative Pruitt spoke in favor of adoption of the amendment and it was adopted.
With the consent of the House, Representative Dyer withdrew amendment number 1335 to Engrossed Senate Bill No. 6601.
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 Engrossed Senate Bill No. 6601 as amended by the House.
Representatives Ebersole, Ballard, Peery, Forner, Ogden, Backlund, J. Kohl, Conway and Reams spoke in favor of passage of the bill.
The Speaker assumed the chair.
MOTION
Representative Peery moved that the remarks by Representative Ebersole and Ballard be spread upon the Journal. The motion was carried.
Speaker Ebersole: Thank you, Mr. Speaker (Representative R. Meyers presiding). It's an extraordinary occasion when the Speaker takes the microphone. I don't believe I've done it in my speakership at this point but I think that this is an extraordinary bill, an extraordinary opportunity for all of us to make state government more efficient and effective and productive and a kind of state government that we can be proud of. This is a very ambitious undertaking, and I think that there is proper skepticism and proper optimism about the possibilities of this effort. Let me say a bit about the background. Following last session, all of us in both parties started to reexamine what we can do to ensure that state government functions the way it should. Functions the way it should to serve the customer, functions the way it should to use the resources of the state and of the people wisely and efficiently and effectively, and a number of us in a bipartisan way got together and started to ask the right kinds of questions. How can we ensure that our 70,000 state employees on a day-to-day basis are working to improve state government? How can we ensure that we have proper goals laid out? How can we ensure that we are measuring our goals and achieving our objectives? We realized that we were not alone in these discussions and we started to talk to our colleagues in other states, we started to talk with private sector business leaders who have been involved with trying to change large organizations such as the Boeing Company and the Weyerhauser Company in our state and we learned that there are things to know about how you embark upon this kind of a process. What we learned is that you have to have a commitment from the very top, that you have to understand that the solutions really come out of the creativity and the morale of your employees. Representative Ballard and I have joined with the two Senate Caucus leaders and with the Governor of the State and the State Auditor and with a wide variety of business leaders and labor leaders to fashion the process which is represented in this bill. It's fashioned in a way that we can begin, as I've said, a very ambitious and risk-filled venture to make state government something that we can be proud of and make state government more customer- oriented and make state government really begin to measure how well we do what we do. I want to thank the bi-partisan nature of this effort. I think we all realize that there is some risk in putting down our partisanship. We have much more in common in these efforts than we have as individual parties. And to ensure success, we need to sustain this effort in the next three to five years. Majorities come and go, individuals come and go, and we need this kind of commitment from all of us that we will stay with this effort. We need the commitment from the business community and from our state employees that they will view this as a productive and meaningful effort and they will stay with it. We need the scrutiny of the press and we need the scrutiny of the outside world to hold us accountable and to hold us on task and to realize there are no sacred cows. There will be some changes suggested that we might not like and there will be some controversy, I would predict if we do this right. Change is difficult but we've had a very good response from our state workers. They want state government to be effective, they want to be proud of coming to work everyday, they want their agencies to function in a way that they feel good about and that the customers are well served. So they have a great deal at stake also because they want to be viewed, as people who are there to serve the public and there to do their job in an environment that allows them to succeed and sometimes to fail. We have to anticipate that when you empower people to make changes you have to give them the latitude to sometimes not hit the right solution all the time. So with that I commend this bill to you. I think that it is an ambitious undertaking that we should all take seriously and devote ourselves to over the next three to five years.
Representative Ballard: Thank you Mr. Speaker, Ladies and Gentlemen of the House, joining the Speaker and all the people who have worked on this issue. I've been in this body for twelve years in the House of Representatives. Many of us came in at the same time and during the twelve years that I have been here, many times we have talked about inefficiencies in government and we have had all kinds of studies and we've done this and that and the end result has been up to this date when we get all through not a lot really changes. So when we first started talking about this process, being one who has observed less happen, the first thing you have to do is a little bit of skeptical approach. Is it really going to make a difference? Will we really follow through? Will we really change government? I think the difference this time is we have put together an unusual coalition. The state auditor has been very strong in saying we need to examine what we're doing, why we're doing it, are we doing it efficiently, are we doing it the right way? And then by bringing in the private sector, the gentlemen that the Speaker mentioned, from the Boeing corporation, was who one of the key people with the Ford company as it restructured from the large corporation that was losing money to a corporation that was turned around and now is very successful and is making a profit. He's now doing that with the Boeing corporation and the other day as we had our news conference he shared the fact that they are cutting down the production time in building airplanes. He also shared something, the fact that for the first time the Boeing corporation is having their customers be a part of the planning and so there in on the ground level and quite frankly all the citizens in the State of Washington are our customers. Now there are a number of reasons I think we need to be doing this, all kinds of reasons. First thing is the public has spoken loud and clear in the last eighteen months. They want government to be more friendly, they want government to be more efficient, they want us to be responsive, they don't want government to be the enemy, and I agree with that because it should not be a bad experience in having to deal with government.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6601 as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Riley - 1.
Engrossed Senate Bill No. 6601 as amended by the House, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 4, 1994
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 2277,
SUBSTITUTE HOUSE BILL NO. 2412,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2628,
SUBSTITUTE HOUSE BILL NO. 2642,
SUBSTITUTE HOUSE BILL NO. 2655,
ENGROSSED HOUSE BILL NO. 2702,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
The Speaker declared the House to be at ease.
The Speaker called the House to order.
MOTION
Representative Peery moved that Senate Bill No. 6606 be made the special order of business at 4:49 p.m. The motion was carried.
MOTION
Representative Peery moved that the House immediately consider Engrossed Senate Bill No. 6480 on the second reading calendar. The motion was carried.
ENGROSSED SENATE BILL NO. 6480, by Senators Moore, Vognild, Prentice, Sheldon, Pelz, Nelson, Sutherland and McAuliffe
Regulating unemployment insurance compensation.
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.
Representative Heavey moved adoption of the following amendment by Representative Heavey to the committee amendment:
On page 8, after line 20, of the amendment, insert the following:
"NEW SECTION. Sec. 6. The joint task force on unemployment insurance created by section 22, chapter 483, Laws of 1993 (uncodified) shall evaluate, in addition to the issues required for study in chapter ...(Substitute Senate Bill No. 6217), Laws of 1994, the adequacy of the unemployment insurance trust fund balance, including the effectiveness of the mechanisms that determine the tax schedule each rate year, and report recommendations as required by chapter ...(Substitute Senate Bill No. 6217), Laws of 1994."
Representative Heavey spoke in favor of adoption of the amendment to the committee amendment and it was adopted.
Representative Heavey moved adoption of the following amendment by Representative Heavey to the committee amendment:
On page 7, after line 5 of the amendment, insert the following:
"Sec. 5. RCW 50.29.025 and 1993 c 483 s 21 and 1993 c 226 s 13 are each reenacted and amended to read as follows:
The contribution rate for each employer shall be determined under this section.
(1) A fund balance ratio shall be determined by dividing the balance in the unemployment compensation fund as of the June 30th immediately preceding the rate year by the total remuneration paid by all employers subject to contributions during the second calendar year preceding the rate year and reported to the department by the following March 31st. The division shall be carried to the fourth decimal place with the remaining fraction, if any, disregarded. The fund balance ratio shall be expressed as a percentage.
(2) The interval of the fund balance ratio, expressed as a percentage, shall determine which tax schedule in subsection (5) of this section shall be in effect for assigning tax rates for the rate year, except that during rate year 1995 tax schedule AA shall be in effect. The intervals for determining the effective tax schedule shall be:
Interval of the
Fund Balance Ratio Effective
Expressed as a Percentage Tax Schedule
3.90 and above AA
3.40 to 3.89 A
2.90 to 3.39 B
2.40 to 2.89 C
1.90 to 2.39 D
1.40 to 1.89 E
Less than 1.40 F
(3) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (a) Identification number; (b) benefit ratio; (c) taxable payrolls for the four calendar quarters immediately preceding the computation date and reported to the department by the cut-off date; (d) a cumulative total of taxable payrolls consisting of the employer's taxable payroll plus the taxable payrolls of all other employers preceding him or her in the array; and (e) the percentage equivalent of the cumulative total of taxable payrolls.
(4) Each employer in the array shall be assigned to one of twenty rate classes according to the percentage intervals of cumulative taxable payrolls set forth in subsection (5) of this section: PROVIDED, That if an employer's taxable payroll falls within two or more rate classes, the employer and any other employer with the same benefit ratio shall be assigned to the lowest rate class which includes any portion of the employer's taxable payroll.
(5) The contribution rate for each employer in the array shall be the rate specified in the following table for the rate class to which he or she has been assigned, as determined under subsection (4) of this section, within the tax schedule which is to be in effect during the rate year:
Percent of
Cumulative Schedule of Contribution Rates
Taxable Payrolls for Effective Tax Schedule
((Rate
From To Class AA A B C D E F
0.00 5.00 1 0.48 0.36 0.46 0.86 1.36 1.76 2.36
5.01 10.00 2 0.48 0.36 0.66 1.06 1.56 1.96 2.56
10.01 15.00 3 0.58 0.46 0.86 1.26 1.66 2.16 2.76
15.01 20.00 4 0.58 0.66 1.06 1.46 1.86 2.36 2.96
20.01 25.00 5 0.78 0.86 1.26 1.66 2.06 2.56 3.06
25.01 30.00 6 0.98 1.06 1.46 1.86 2.26 2.66 3.16
30.01 35.00 7 1.08 1.26 1.66 2.06 2.46 2.86 3.26
35.01 40.00 8 1.28 1.46 1.86 2.26 2.66 3.06 3.46
40.01 45.00 9 1.48 1.66 2.06 2.46 2.86 3.26 3.66
45.01 50.00 10 1.68 1.86 2.26 2.66 3.06 3.46 3.86
50.01 55.00 11 1.98 2.16 2.46 2.86 3.26 3.66 3.96
55.01 60.00 12 2.18 2.36 2.66 3.06 3.46 3.86 4.16
60.01 65.00 13 2.38 2.56 2.86 3.26 3.66 4.06 4.36
65.01 70.00 14 2.58 2.76 3.06 3.46 3.86 4.26 4.56
70.01 75.00 15 2.88 2.96 3.26 3.66 4.06 4.46 4.66
75.01 80.00 16 3.08 3.16 3.46 3.86 4.26 4.56 4.76
80.01 85.00 17 3.28 3.36 3.66 4.06 4.46 4.76 4.86
85.01 90.00 18 3.68 3.76 4.06 4.46 4.76 4.86 5.06
90.01 95.00 19 4.08 4.16 4.46 4.86 4.96 5.06 5.26
95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40 5.40))
Rate
From To Class AA A B C D E F
0.00 5.00 1 0.36 0.36 0.46 0.86 1.36 1.76 2.36
5.01 10.00 2 0.36 0.36 0.66 1.06 1.56 1.96 2.56
10.01 15.00 3 0.46 0.46 0.86 1.26 1.66 2.16 2.76
15.01 20.00 4 0.46 0.66 1.06 1.46 1.86 2.36 2.96
20.01 25.00 5 0.66 0.86 1.26 1.66 2.06 2.56 3.06
25.01 30.00 6 0.86 1.06 1.46 1.86 2.26 2.66 3.16
30.01 35.00 7 0.96 1.26 1.66 2.06 2.46 2.86 3.26
35.01 40.00 8 1.16 1.46 1.86 2.26 2.66 3.06 3.46
40.01 45.00 9 1.36 1.66 2.06 2.46 2.86 3.26 3.66
45.01 50.00 10 1.56 1.86 2.26 2.66 3.06 3.46 3.86
50.01 55.00 11 1.86 2.16 2.46 2.86 3.26 3.66 3.96
55.01 60.00 12 2.06 2.36 2.66 3.06 3.46 3.86 4.16
60.01 65.00 13 2.26 2.56 2.86 3.26 3.66 4.06 4.36
65.01 70.00 14 2.46 2.76 3.06 3.46 3.86 4.26 4.56
70.01 75.00 15 2.76 2.96 3.26 3.66 4.06 4.46 4.66
75.01 80.00 16 2.96 3.16 3.46 3.86 4.26 4.56 4.76
80.01 85.00 17 3.16 3.36 3.66 4.06 4.46 4.76 4.86
85.01 90.00 18 3.56 3.76 4.06 4.46 4.76 4.86 5.06
90.01 95.00 19 3.96 4.16 4.46 4.86 4.96 5.06 5.26
95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40 5.40
(6) The contribution rate for each employer not qualified to be in the array shall be as follows:
(a) Employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due shall be assigned the contribution rate of five and six-tenths percent, except employers who have an approved agency-deferred payment contract by September 30 of the previous rate year. If any employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to five and six-tenths percent for the current rate year;
(b) The contribution rate for employers exempt as of December 31, 1989, who are newly covered under the section 78, chapter 380, Laws of 1989 amendment to RCW 50.04.150 and not yet qualified to be in the array shall be 2.5 percent for employers whose standard industrial code is "013", "016", "017", "018", "019", "021", or "081"; and
(c) For all other employers not qualified to be in the array, the contribution rate shall be a rate equal to the average industry rate as determined by the commissioner; however, the rate may not be less than one percent. Assignment of employers by the commissioner to industrial classification, for purposes of this subsection, shall be in accordance with established classification practices found in the "Standard Industrial Classification Manual" issued by the federal office of management and budget to the third digit provided in the Standard Industrial Classification code.
Sec. 6. RCW 50.29.025 and 1994 c ... s 5 (section 5 of this act) are each amended to read as follows:
The contribution rate for each employer shall be determined under this section.
(1) A fund balance ratio shall be determined by dividing the balance in the unemployment compensation fund as of the June 30th immediately preceding the rate year by the total remuneration paid by all employers subject to contributions during the second calendar year preceding the rate year and reported to the department by the following March 31st. The division shall be carried to the fourth decimal place with the remaining fraction, if any, disregarded. The fund balance ratio shall be expressed as a percentage.
(2) The interval of the fund balance ratio, expressed as a percentage, shall determine which tax schedule in subsection (5) of this section shall be in effect for assigning tax rates for the rate year((, except that during rate year 1995 tax schedule AA shall be in effect)). The intervals for determining the effective tax schedule shall be:
Interval of the
Fund Balance Ratio Effective
Expressed as a Percentage Tax Schedule
3.90 and above AA
3.40 to 3.89 A
2.90 to 3.39 B
2.40 to 2.89 C
1.90 to 2.39 D
1.40 to 1.89 E
Less than 1.40 F
(3) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (a) Identification number; (b) benefit ratio; (c) taxable payrolls for the four calendar quarters immediately preceding the computation date and reported to the department by the cut-off date; (d) a cumulative total of taxable payrolls consisting of the employer's taxable payroll plus the taxable payrolls of all other employers preceding him or her in the array; and (e) the percentage equivalent of the cumulative total of taxable payrolls.
(4) Each employer in the array shall be assigned to one of twenty rate classes according to the percentage intervals of cumulative taxable payrolls set forth in subsection (5) of this section: PROVIDED, That if an employer's taxable payroll falls within two or more rate classes, the employer and any other employer with the same benefit ratio shall be assigned to the lowest rate class which includes any portion of the employer's taxable payroll.
(5) The contribution rate for each employer in the array shall be the rate specified in the following table for the rate class to which he or she has been assigned, as determined under subsection (4) of this section, within the tax schedule which is to be in effect during the rate year:
Percent of
Cumulative Schedule of Contribution Rates
Taxable Payrolls for Effective Tax Schedule
((Rate
From To Class AA A B C D E F
0.00 5.00 1 0.36 0.36 0.46 0.86 1.36 1.76 2.36
5.01 10.00 2 0.36 0.36 0.66 1.06 1.56 1.96 2.56
10.01 15.00 3 0.46 0.46 0.86 1.26 1.66 2.16 2.76
15.01 20.00 4 0.46 0.66 1.06 1.46 1.86 2.36 2.96
20.01 25.00 5 0.66 0.86 1.26 1.66 2.06 2.56 3.06
25.01 30.00 6 0.86 1.06 1.46 1.86 2.26 2.66 3.16
30.01 35.00 7 0.96 1.26 1.66 2.06 2.46 2.86 3.26
35.01 40.00 8 1.16 1.46 1.86 2.26 2.66 3.06 3.46
40.01 45.00 9 1.36 1.66 2.06 2.46 2.86 3.26 3.66
45.01 50.00 10 1.56 1.86 2.26 2.66 3.06 3.46 3.86
50.01 55.00 11 1.86 2.16 2.46 2.86 3.26 3.66 3.96
55.01 60.00 12 2.06 2.36 2.66 3.06 3.46 3.86 4.16
60.01 65.00 13 2.26 2.56 2.86 3.26 3.66 4.06 4.36
65.01 70.00 14 2.46 2.76 3.06 3.46 3.86 4.26 4.56
70.01 75.00 15 2.76 2.96 3.26 3.66 4.06 4.46 4.66
75.01 80.00 16 2.96 3.16 3.46 3.86 4.26 4.56 4.76
80.01 85.00 17 3.16 3.36 3.66 4.06 4.46 4.76 4.86
85.01 90.00 18 3.56 3.76 4.06 4.46 4.76 4.86 5.06
90.01 95.00 19 3.96 4.16 4.46 4.86 4.96 5.06 5.26
95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40 5.40))
Rate
From To Class AA A B C D E F
0.00 5.00 1 0.48 0.48 0.58 0.98 1.48 1.88 2.48
5.01 10.00 2 0.48 0.48 0.78 1.18 1.68 2.08 2.68
10.01 15.00 3 0.58 0.58 0.98 1.38 1.78 2.28 2.88
15.01 20.00 4 0.58 0.78 1.18 1.58 1.98 2.48 3.08
20.01 25.00 5 0.78 0.98 1.38 1.78 2.18 2.68 3.18
25.01 30.00 6 0.98 1.18 1.58 1.98 2.38 2.78 3.28
30.01 35.00 7 1.08 1.38 1.78 2.18 2.58 2.98 3.38
35.01 40.00 8 1.28 1.58 1.98 2.38 2.78 3.18 3.58
40.01 45.00 9 1.48 1.78 2.18 2.58 2.98 3.38 3.78
45.01 50.00 10 1.68 1.98 2.38 2.78 3.18 3.58 3.98
50.01 55.00 11 1.98 2.28 2.58 2.98 3.38 3.78 4.08
55.01 60.00 12 2.18 2.48 2.78 3.18 3.58 3.98 4.28
60.01 65.00 13 2.38 2.68 2.98 3.38 3.78 4.18 4.48
65.01 70.00 14 2.58 2.88 3.18 3.58 3.98 4.38 4.68
70.01 75.00 15 2.88 3.08 3.38 3.78 4.18 4.58 4.78
75.01 80.00 16 3.08 3.28 3.58 3.98 4.38 4.68 4.88
80.01 85.00 17 3.28 3.48 3.78 4.18 4.58 4.88 4.98
85.01 90.00 18 3.68 3.88 4.18 4.58 4.88 4.98 5.18
90.01 95.00 19 4.08 4.28 4.58 4.98 5.08 5.18 5.38
95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40 5.40
(6) The contribution rate for each employer not qualified to be in the array shall be as follows:
(a) Employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due shall be assigned the contribution rate of five and six-tenths percent, except employers who have an approved agency-deferred payment contract by September 30 of the previous rate year. If any employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to five and six-tenths percent for the current rate year;
(b) The contribution rate for employers exempt as of December 31, 1989, who are newly covered under the section 78, chapter 380, Laws of 1989 amendment to RCW 50.04.150 and not yet qualified to be in the array shall be 2.5 percent for employers whose standard industrial code is "013", "016", "017", "018", "019", "021", or "081"; and
(c) For all other employers not qualified to be in the array, the contribution rate shall be a rate equal to the average industry rate as determined by the commissioner; however, the rate may not be less than one percent. Assignment of employers by the commissioner to industrial classification, for purposes of this subsection, shall be in accordance with established classification practices found in the "Standard Industrial Classification Manual" issued by the federal office of management and budget to the third digit provided in the Standard Industrial Classification code."
On page 8, after line 20 of the amendment, insert the following:
"NEW SECTION. Sec. 8. Section 6 of this act shall take effect January 1, 1998."
Representative Heavey spoke in favor of adoption of the amendment to the committee amendment and it was adopted.
Representatives Heavey and Horn spoke in favor of adoption of the committee amendment as amended.
The committee amendment as amended was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 6480 as amended by the House.
Representatives Heavey and Horn spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6480 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, 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, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Voting nay: Representative Lisk - 1.
Excused: Representative Riley - 1.
Engrossed Senate Bill No. 6480 as amended by the House, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House consider Senate Bill No. 6003 on the second reading calendar. The motion was carried.
SENATE BILL NO. 6003, by Senators A. Smith, Quigley, L. Smith, Haugen, Oke, Nelson, McAuliffe, Ludwig and Franklin
Protecting children from sexually explicit films, publications, and devices.
The bill was read the second time. Committee on Judiciary recommendation: Majority, do pass as amended. (For committee amendment see Journal, 50th Day, February 28, 1994.)
Representative Appelwick moved the adoption of the committee amendment.
POINT OF PARLIAMENTARY INQUIRY
Representative Padden: Substitute Senate Bill No. 6003 is before us, if we do not finish the bill before the special order of business at 4:59 p.m., will we be able to consider it after the 5:00 p.m. deadline?
Mr. Speaker: That is correct, Representative Padden, if we are on Senate Bill No. 6003 at the 4:59 p.m. deadline when we go to the special order of business we would be able to pick up Senate Bill No. 6003 upon completion of the other special order.
Representative R. Meyers moved adoption of the following amendment by Representative R. Meyers to the committee amendment:
On page 1, line 10, after "age of" strike "eighteen" and insert "seventeen"
Representative R. Meyers spoke in favor of adoption of the amendment to the committee amendment and Representative Padden spoke against it.
The Speaker divided the House. The result of the division was: 49-YEAS; 48-NAYS. The amendment to the committee amendment was adopted.
Representative Jones moved adoption of the following amendment by Representative Jones to the committee amendment:
On page 1, line 23, after "(iii)" strike "Sexual acts" and insert "Acts"
Representatives Jones and R. Meyers spoke in favor of the adoption of the amendment to the committee amendment and Representatives Padden, Appelwick and J. Kohl spoke against it.
On motion of Representative J. Kohl, Representatives Basich, Dellwo and Riley were excused.
The Speaker divided the House. The result of the division was: 44-YEAS; 51-NAYS. The amendment to the committee amendment was not adopted.
Representative Chappell moved adoption of the following amendment by Representative Chappell to the committee amendment:
On page 1, line 29, after "physical contact" insert "of an obviously sexual nature"
Representative Chappell spoke in favor of the adoption of the amendment to the committee amendment and Representative Padden spoke against it.
The Speaker divided the House. The result of the division was: 27-YEAS; 66-NAYS. The amendment to the committee amendment was not adopted.
Representative Wineberry moved adoption of the following amendment by Representative Wineberry to the committee amendment:
On page 2, line 16, strike "sound recording,"
Representative Wineberry spoke in favor of the adoption of the amendment to the committee amendment and Representatives Padden and Appelwick spoke against it.
Representative Wineberry again spoke in favor of the amendment.
The amendment to the committee amendment was not adopted.
Representative G. Cole moved adoption of the following amendment by Representative G. Cole to the committee amendment:
On page 2, line 29, after "entity" insert ", but shall not include public schools"
Representatives G. Cole, Karahalios and J. Kohl spoke in favor of the adoption of the amendment to the committee amendment and Representative Padden spoke against it.
Representative Padden again spoke against the amendment.
The Speaker divided the House. The result of the division was: 49-YEAS; 46-NAYS. The amendment to the committee amendment was adopted.
With the consent of the House, Representative Kessler withdrew amendment number 1351 to Senate Bill No. 6003.
Representative Johanson moved adoption of the following amendment by Representative Johanson to the committee amendment:
On page 3, after line 36, insert:
"NEW SECTION. Sec. 5. No person shall be vicariously liable for the conduct of agents, employees, or employers who violate section 2 of this act except as provided in RCW 9A.08.030(2)(b).
Sec. 6. RCW 9A.08.030 and 1975 1st ex.s. c 260 s 9A.08.030 are each amended to read as follows:
(1) As used in this section:
(a) "Agent" means any director, officer, or employee of a corporation, or any other person who is authorized to act on behalf of the corporation;
(b) "Corporation" includes a joint stock association;
(c) "High managerial agent" means an officer or director of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees.
(2) A corporation is guilty of an offense when:
(a) The conduct constituting the offense consists of an omission to discharge a specific duty of performance imposed on corporations by law; or
(b) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or tolerated by the board of directors or by a high managerial agent acting within the scope of his employment and on behalf of the corporation; or
(c) The conduct constituting the offense is engaged in by an agent of the corporation, other than a high managerial agent, while acting within the scope of his employment and in behalf of the corporation and (i) the offense is a gross misdemeanor or misdemeanor, or (ii) the offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on a corporation. This subsection 2(c) shall not apply to violations of section 2 of this act.
(3) A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if such conduct were performed in his own name or behalf.
(4) Whenever a duty to act is imposed by law upon a corporation, any agent of the corporation who knows he has or shares primary responsibility for the discharge of the duty is criminally liable for a reckless or, if a high managerial agent, criminally negligent omission to perform the required act to the same extent as if the duty were by law imposed directly upon such agent.
(5) Every corporation, whether foreign or domestic, which shall violate any provision of RCW 9A.28.040, shall forfeit every right and franchise to do business in this state. The attorney general shall begin and conduct all actions and proceedings necessary to enforce the provisions of this subsection."
Representatives Johanson and Appelwick spoke in favor of the adoption of the amendment to the committee amendment and Representative Padden spoke against it.
Representative Padden again spoke against the amendment.
The Speaker divided the House. The result of the division was: 60-YEAS; 35-NAYS. The amendment to the committee amendment was adopted.
Please record my request to remove my name from sponsorship from amendment #1344 to Senate Bill No. 6003.
IDA BALLASIOTES, 41st District
Please record my request to remove my name from sponsorship from amendment #1344 to Senate Bill No. 6003.
With the consent of the House, Representative G. Cole withdrew amendment number 1349 to Senate Bill No. 6003.
Representative Padden moved adoption of the following amendment by Representative Padden to the committee amendment:
On page 4, line 1, strike all of section 5 and insert the following:
"NEW SECTION. Sec. 5. Nothing in this chapter applies to: (1) The official circulation of material by a recognized historical society or museum, a library of a college or university, or an archive or library under the supervision and control of the state, county, municipality, or other political subdivision of the state;
(2) Instructional material reviewed and recommended by an instructional materials committee and approved by the local school district's board of directors in accordance with RCW 28A.320.230;
(3) The official circulation of material by a health care provider, or health agency under the supervision and control, or funded in whole or in part by the state, county, municipality, or other political division of the state;
(4) To devices designed for contraceptive purposes; and
(5) To the depiction of a female breast feeding an infant."
Representatives Padden and Appelwick spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Patterson moved adoption of the following amendment by Representative Patterson to the committee amendment:
On page 1, line 28, after "for" strike "minors." and insert "minors; or
(d) Which explicitly depicts aborted human fetuses."
Representative Padden requested a ruling on the scope and object of amendment number 1353 to Senate Bill No. 6003.
In ruling on the point of order, the Speaker finds that Senate Bill No. 6003 is a measure which regulates the display, sale, or distribution of materials that are harmful to minors because they have a sexual content that appeals to the prurient interest of minors.
Amendment 1353 would include in the definition of materials that are harmful to minors those which explicitly depict aborted human fetuses. By any reasonable standard, the depiction of aborted human fetuses could not be considered material with sexual content that appeals to the prurient interest of minors.
Therefore, the Speaker finds that the proposed amendment does change the scope and object of the underlying bill and that the point of order is well taken.
MOTION FOR RECONSIDERATION
Having voted on the prevailing side, Representative Appelwick moved that the House immediately reconsider the vote by which amendment number 1354 to Senate Bill No. 6003 was adopted. The motion was carried.
Representatives Appelwick and Padden spoke in favor of the motion to reconsider. The motion was carried.
The Speaker stated the question before the House to be the adoption of amendment number 1354 on reconsider to Senate Bill No. 6003.
Representative Appelwick spoke against the amendment and it was not adopted.
MOTION FOR RECONSIDERATION
Having voted on the prevailing side, Representative Appelwick moved that the House immediately reconsider the vote by which amendment number 1340 to Senate Bill No. 6003 was adopted. The motion was carried.
The Speaker stated the question before the House to be the adoption of amendment number 1340 on reconsideration to Senate Bill No. 6003.
Representative Appelwick spoke against the amendment and it was not adopted.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick to the committee amendment:
On page 4, line 1, strike all of section 5 and insert the following:
"NEW SECTION. Sec. 5. Nothing in this chapter applies to: (1) The official circulation of material by a recognized historical society or museum, a library of a college or university, or an archive or library under the supervision and control of the state, county, municipality, or other political subdivision of the state;
(2) The official distribution or use of material by a public school;
(3) The official distribution or use of material by a health care provider, or health agency under the supervision and control, or funded in whole or in part by the state, county, municipality, or other political division of the state;
(4) To devices designed for contraceptive purposes; or
(5) To the depiction of a female breast feeding an infant."
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 Senate Bill No. 6003 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6003 as amended by the House, and the bill passed the House by the following vote: Yeas - 82, Nays - 13, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballard, Ballasiotes, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Conway, Cooke, Cothern, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, Kremen, Lemmon, Linville, Lisk, Long, Mastin, McMorris, Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Wang, Wineberry, Wood, Zellinsky and Mr. Speaker - 82.
Voting nay: Representatives Anderson, Caver, Cole, G., Fisher, R., King, Kohl, J., Leonard, Meyers, R., Romero, Rust, Thibaudeau, Veloria and Wolfe - 13.
Excused: Representatives Basich, Dellwo and Riley - 3.
Senate Bill No. 6003 as amended by the House, having received the constitutional majority, was declared passed.
Please change my vote from a AYE to a NAY on Senate Bill No. 6003.
ART WANG, 27th District
SENATE BILL NO. 6606, by Senators Rinehart, Gaspard, Quigley, Ludwig, A. Smith, Sutherland, Skratek, Haugen, McAuliffe, Sheldon, Bauer, Snyder, Spanel, Owen, Williams, Wojahn, Prentice, Fraser, Drew, L. Smith, Amondson, Bluechel, Schow, Morton, Cantu, Sellar, Newhouse, Anderson, Oke, McDonald, Nelson, Hochstatter, Roach, West, Moyer, Deccio, Erwin and Winsley
Repealing the general business and occupation surtax.
The bill was read the second time. Committee on Revenue recommendation: Majority, do pass as amended. (For committee amendment see Journal, 54th Day, March 4, 1994.)
Representative G. Fisher moved the adoption of the committee amendment. Representatives G. Fisher and Foreman spoke in favor of it. The committee amendment was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Senate Bill No. 6606 as amended by the House.
Representative G. Fisher spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6606 as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Voting nay: Representatives Rust, Sommers and Thibaudeau - 3.
Excused: Representative Riley - 1.
Senate Bill No. 6606 as amended by the House, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Peery, the House adjourned until 10:00 a.m., Saturday, March 5, 1994.
BRIAN EBERSOLE, Speaker
MARILYN SHOWALTER, Chief Clerk