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SIXTY-SECOND DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Saturday, March 11, 1995
The House was called to order at 9:00 a.m. by the Speaker (Representative Horn presiding) . The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Brandon Leifer and Eirene Beach. Prayer was offered by Pastor David Steen, The Lutheran Church of The Good Shepherd of Olympia.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
There being no objection, the House advanced to the third order of business.
MESSAGE FROM THE SENATE
March 10, 1995
Mr. Speaker:
The Senate has passed:
SECOND SUBSTITUTE SENATE BILL NO. 5157,
SUBSTITUTE SENATE BILL NO. 5757,
SUBSTITUTE SENATE BILL NO. 5818,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5877,
SUBSTITUTE SENATE BILL NO. 5899,
SUBSTITUTE SENATE BILL NO. 5992,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection, the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READING
SB 5065 by Senators Smith, Winsley and Schow; by request of Department of Corrections
Specifying sentencing conditions for felons who commit additional felonies.
Referred to Committee on Corrections.
2SSB 5157 by Senate Committee on Ways & Means (originally sponsored by Senators Owen, Drew, Sutherland, Hargrove, Oke and Haugen)
Providing for conspicuous external marking of hatchery produced chinook salmon and coho salmon.
Referred to Committee on Natural Resources.
SSB 5757 by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Haugen, Winsley, Heavey and Sheldon)
Changing provisions relating to bidding requirements.
Referred to Committee on Government Operations.
SSB 5818 by Senate Committee on Ways & Means (originally sponsored by Senators Winsley, A. Anderson, C. Anderson and McAuliffe)
Paying benefits when a member dies before retirement.
Referred to Committee on Appropriations.
ESSB 5877 by Senate Committee on Transportation (originally sponsored by Senators Heavey, Haugen, Wood, Deccio and Rasmussen)
Regulating limousines, taxicabs, and other for hire vehicles.
Referred to Committee on Transportation.
SSB 5899 by Senate Committee on Transportation (originally sponsored by Senators Kohl, Owen, Prentice and Prince)
Encouraging proximate commuting.
Referred to Committee on Transportation.
SSB 5992 by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Bauer, Pelz, Wood, Prince, Kohl, Deccio, Heavey and Rasmussen)
Clarifying the role of the work force training and education coordinating board.
Referred to Committee on Trade & Economic Development.
There being no objection, the bills listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.
There being no objection, the House advanced to the sixth order of business.
MOTION
Representative Padden moved that the House consider House Bill No. 1719 and House Bill No. 1298.
SECOND READING
HOUSE BILL NO. 1719, by Representatives Boldt, Koster, Cooke, Carlson, Stevens, Benton, Dyer, Padden and Thompson
Creating the office of inspector general within the department of social and health services.
The bill was read the second time. There being no objection, Substitute House Bill No. 1719 was substituted for House Bill No. 1719 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1719 was read the second time.
Representative Boldt moved adoption of the following amendment by Representative Boldt:
On page 2, beginning on line 18 after "investigations." strike "The inspector general shall be a member of the Washington state bar association."
Representative Boldt spoke in favor of the adoption of the amendment.
Representative Thibaudeau spoke against the adoption of the amendment.
The amendment was adopted.
MOTION
On motion of Representative Talcott, Representative McMorris was excused.
Representative Appelwick moved adoption of the following amendment by Representative Sommers:
On page 3, beginning on line 21, after "shall" strike all material through "June 30th" on line 23, and insert "submit a report summarizing the activities of the office to the appropriate committees of the senate and house of representatives by January 1, 1996 and by January 1, 1997, and biennially thereafter"
On page 3, line 34, strike "annual"
On page 4, line 9, strike "annual"
Representatives Appelwick and Boldt spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Boldt, Ebersole, Koster and Thibaudeau spoke in favor of passage of the bill.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1719.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1719, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 3, Excused - 2.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Pelesky, Pennington, Quall, Radcliff, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 93.
Absent: Representatives Patterson, Poulsen and Sommers - 3.
Excused: Representatives Fisher, G. and Reams - 2.
Engrossed Substitute House Bill No. 1719, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1298, by Representatives Cooke, Tokuda and Patterson; by request of Department of Social and Health Services
Enlarging the scope of the methadone treatment program to the opiate substitution treatment program.
The bill was read the second time. There being no objection, Substitute House Bill No. 1298 was substituted for House Bill No. 1298 and the substitute bill was placed on second reading.
Substitute House Bill No. 1298 was read the second time.
Representative Thibaudeau moved adoption of the following amendment by Representative Thibaudeau:
On page 3, beginning on line 17, strike all of subsection 6.
Representatives Thibaudeau, Tokuda, Cooke, Brown and Smith spoke in favor of the adoption of the amendment.
Representatives Lambert and Padden spoke against the adoption of the amendment.
A division was called. The Speaker (Representative Horn presiding) called on the House to divide. The results of the division was: YEAS-51; NAYS-44. The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Cooke and Tokuda spoke in favor of passage of the bill.
MOTION
On motion of Representative Brown, Representative Patterson was excused.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1298.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1298, and the bill passed the House by the following vote: Yeas - 81, Nays - 14, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, R., Foreman, Fuhrman, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Kremen, Lisk, Mason, Mastin, McMorris, Mielke, Morris, Mulliken, Ogden, Pelesky, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Skinner, Smith, Sommers, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 81.
Voting nay: Representatives Benton, Boldt, Casada, Goldsmith, Hargrove, Koster, Lambert, McMahan, Mitchell, Padden, Pennington, Sherstad, Silver and Stevens - 14.
Excused: Representatives Fisher, G., Patterson and Reams - 3.
Engrossed Substitute House Bill No. 1298, having received the constitutional majority, was declared passed.
The Speaker (Representative Horn presiding) declared the House to be at ease.
The Speaker called the House to order.
HOUSE BILL NO. 1357, by Representatives Ballasiotes, Sherstad, Cole, Costa, Blanton, Quall, Veloria, Radcliff, Campbell and Dickerson
Authorizing counties to supervise misdemeanant offenders placed on probation.
The bill was read the second time. There being no objection, Substitute House Bill No. 1357 was substituted for House Bill No. 1357 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1357 was read the second time.
Representative Ballasiotes moved adoption of the following amendment by Representative Ballasiotes:
On page 6, line 7, after "or 9.92.060." insert: "When pursuant to this section a county assumes responsibility for misdemeanant supervision, the county legislative authority will apply the standards adopted by the Washington state law and justice advisory council or will develop its own supervision and classification standards subject to approval by the department of corrections as a part of the contract for county supervision."
Representative Ballasiotes spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Ballasiotes spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1357.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1357, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.
Excused: Representatives Jacobsen, Patterson, Reams and Sehlin - 4.
Engrossed Substitute House Bill No. 1357, having received the constitutional majority, was declared passed.
There being no objection, the House considered the following bills in the following order: House Bill No. 1729, House Bill No. 1818, House Bill No. 1922, House Bill No. 1557 and House Bill No. 1610.
HOUSE BILL NO. 1729, by Representatives Horn, Chandler, Van Luven, Hargrove, Schoesler and Elliot
Establishing procedures by which owners of single-family residences may use lake water for noncommercial landscape irrigation.
The bill was read the second time.
Representative Chandler moved adoption of the following amendment by Representative Chandler:
On page 1, line 12, after "for" insert "stockwater"
On page 2, line 26, after "on" insert "stockwater"
Representative Chandler spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Chandler moved adoption of the following amendment by Representative Chandler:
On page 3, line 13, strike "senior" and insert "existing"
On page 3, line 13, strike "permit"
On page 3, line 31, after "of" insert "existing water rights,"
On page 3, line 33, after "navigation," insert "and"
On page 3, line 33, strike "and existing water rights"
Representative Chandler spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Horn spoke in favor of passage of the bill.
Representative Mastin spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1729.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 1729, and the bill passed the House by the following vote: Yeas - 63, Nays - 31, Absent - 0, Excused - 4.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Rust, Schmidt, D., Schmidt, K., Schoesler, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thibaudeau, Thomas, B., Thompson, Van Luven and Mr. Speaker - 63.
Voting nay: Representatives Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Dyer, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Lambert, Mason, Mastin, Morris, Ogden, Poulsen, Quall, Regala, Robertson, Romero, Scott, Sommers, Thomas, L., Tokuda, Valle, Veloria and Wolfe - 31.
Excused: Representatives Jacobsen, Patterson, Reams and Sehlin - 4.
Engrossed House Bill No. 1729, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1818, by Representatives R. Fisher, Robertson, Scott, Costa, Mason, Ogden, Wolfe, Conway and Cody; by request of Washington State Patrol
Providing for criminal justice funding.
The bill was read the second time. There being no objection, Substitute House Bill No. 1818 was substituted for House Bill No. 1818 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1818 was read the second time.
With the consent of the House, amendment number 231 to Substitute House Bill No. 1818 was withdrawn.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Sommers and Robertson spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1818.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1818, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.
Excused: Representatives Jacobsen, Patterson, Reams and Sehlin - 4.
Substitute House Bill No. 1818, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1922, by Representatives K. Schmidt and R. Fisher
Regulating excursion vessels.
The bill was read the second time. There being no objection, Substitute House Bill No. 1922 was substituted for House Bill No. 1922 and the substitute bill was placed on second reading.
Substitute House Bill No. 1922 was read the second time.
Representative K. Schmidt moved adoption of the following amendment by Representative K. Schmidt:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 81.84 RCW to read as follows:
As used in this chapter:
(1) "Excursion service" means the carriage or conveyance of persons for compensation over the waters of this state from a point of origin and returning to the point of origin with an intermediate stop or stops at which passengers leave the vessel and reboard before the vessel returns to its point of origin.
(2) "Charter service" means the hiring of a vessel, with captain and crew, by a person or group for carriage or conveyance of persons or property.
NEW SECTION. Sec. 2. A new section is added to chapter 81.84 RCW to read as follows:
(1) Unless expressly exempted in section 3 of this act, no vessel may provide excursion service over the waters of this state without first having obtained a certificate of public convenience and necessity as provided in RCW 81.84.010.
(2) Vessels providing excursion service must comply with all provisions of this chapter and rules of the commission adopted under this chapter.
NEW SECTION. Sec. 3. A new section is added to chapter 81.84 RCW to read as follows:
This chapter does not apply to the following vessels or operations:
(1) Charter services;
(2) Vessels that depart and return to the point of origin without stopping at another location within the state where passengers leave the vessel;
(3) Vessels operated by not-for-profit or governmental entities that are replicas of historic vessels or that are recognized by the United States department of the interior as national historical landmarks;
(4) Excursion services that:
(a) Originate from a point of origin in the San Juan Islands and make one or more stops, all within the San Juan Islands, before returning to the point of origin;
(b) Do not depart from the point of origin on a regular published schedule;
(c) Do not operate between the same point of origin and the same intermediate stop more than four times in any month or more than fifteen times during any twelve-month period;
(d) Use vessels that do not return to the point of origin on the day of departure; or
(e) Use vessels less than sixty-five feet in length with a United States Coast Guard certificate that limits them to thirty-five passengers or less.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
In line 1 of the title, after "services;" strike the remainder of the title and insert "adding new sections to chapter 81.84 RCW; and declaring an emergency."
Representative K. Schmidt spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
MOTION
On motion of Representative Talcott, Representative Beeksma was excused.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative K. Schmidt spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1922.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1922, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 93.
Excused: Representatives Beeksma, Jacobsen, Patterson, Reams and Sehlin - 5.
Engrossed Substitute House Bill No. 1922, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1557, by Representatives L. Thomas, Dellwo, Mielke, Wolfe, G. Fisher, Blanton and Poulsen; by request of Insurance Commissioner and Attorney General
Combatting insurance fraud.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 1557 was substituted for House Bill No. 1557 and the second substitute bill was placed on second reading.
Second Substitute House Bill No. 1557 was read the second time.
Representative Appelwick moved adoption of the following amendment by Representative Chappell:
On page 3, beginning on line 21, strike sections 3 through 10
On page 22, strike lines 12 and 13
On page 29, strike lines 5 and 6
Representative Appelwick spoke in favor of the adoption of the amendment.
Representative Mielke spoke against the adoption of the amendment.
Representative Appelwick withdrew amendment number 291 to Second Substitute House Bill No. 1557.
Representative Mielke moved adoption of the following amendment by Representative Mielke:
On page 6, line 16, after "of the" strike "fees collected under RCW 48.14.010" and insert "moneys deposited into the insurance commissioner's regulatory account,"
On page 6, line 17, after "budget" insert ","
On page 7, line 15, after "prescribed in" strike "RCW 48.14.010" and insert "RCW 48.14.020"
On page 8, beginning on line 24, strike section 22 and insert the following:
"Sec. 22. RCW 48.14.020 and 1986 c 296 s 1 are each amended to read as follows:
(1) Subject to other provisions of this chapter, each authorized insurer except title insurers shall on or before the first day of March of each year pay to the state treasurer through the commissioner's office a tax on premiums; three tenths of one percent of the tax collected shall be deposited in the insurance antifraud account created in section 16 of this act, and the remainder shall be deposited in the general fund. Except as provided in subsection (2) of this section, such tax shall be in the amount of two percent of all premiums, excluding amounts returned to or the amount of reductions in premiums allowed to holders of industrial life policies for payment of premiums directly to an office of the insurer, collected or received by the insurer during the preceding calendar year other than ocean marine and foreign trade insurances, after deducting premiums paid to policyholders as returned premiums, upon risks or property resident, situated, or to be performed in this state. For the purposes of this section the consideration received by an insurer for the granting of an annuity shall not be deemed to be a premium.
(2) In the case of insurers which require the payment by their policyholders at the inception of their policies of the entire premium thereon in the form of premiums or premium deposits which are the same in amount, based on the character of the risks, regardless of the length of term for which such policies are written, such tax shall be in the amount of two percent of the gross amount of such premiums and premium deposits upon policies on risks resident, located, or to be performed in this state, in force as of the thirty-first day of December next preceding, less the unused or unabsorbed portion of such premiums and premium deposits computed at the average rate thereof actually paid or credited to policyholders or applied in part payment of any renewal premiums or premium deposits on one-year policies expiring during such year.
(3) Each authorized insurer shall with respect to all ocean marine and foreign trade insurance contracts written within this state during the preceding calendar year, on or before the first day of March of each year pay to the state treasurer through the commissioner's office a tax of ninety-five one-hundredths of one percent on its gross underwriting profit. Such gross underwriting profit shall be ascertained by deducting from the net premiums (i.e., gross premiums less all return premiums and premiums for reinsurance) on such ocean marine and foreign trade insurance contracts the net losses paid (i.e., gross losses paid less salvage and recoveries on reinsurance ceded) during such calendar year under such contracts. In the case of insurers issuing participating contracts, such gross underwriting profit shall not include, for computation of the tax prescribed by this subsection, the amounts refunded, or paid as participation dividends, by such insurers to the holders of such contracts.
(4) The state does hereby preempt the field of imposing excise or privilege taxes upon insurers or their agents, other than title insurers, and no county, city, town or other municipal subdivision shall have the right to impose any such taxes upon such insurers or their agents.
(5) If an authorized insurer collects or receives any such premiums on account of policies in force in this state which were originally issued by another insurer and which other insurer is not authorized to transact insurance in this state on its own account, such collecting insurer shall be liable for and shall pay the tax on such premiums."
Representatives Mielke and L. Thomas spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives L. Thomas, Campbell and Smith spoke in favor of passage of the bill.
Representative L. Thomas yielded to a question by Representative Campbell.
Representative Campbell: Is section 3 intended to affect referrals that are part of the usual business relationships regarding health practitioners or attorney's, where there is no intent to commit or participate in the commission of fraud.
Representative L. Thomas: No. Section 3 is intended to prohibit unethical conduct where there is a clear intent that the referral is part of an organized effort to commit fraud.
Representatives Wolfe and Chopp spoke against passage of the bill.
Representative L. Thomas yielded to a question by Representative Robertson.
Representative Robertson: What is the legislative intent of House Bill No. 1557, Section 3 as to its effect on insurance company claims cost containment efforts involving arrangements with preferred providers, including auto repair facilities, for services and the nonobligatory referral of insured with claims to these preferred providers?
Representative L. Thomas: The legislative intent of House Bill No. 1557 Section 3 is to impede criminal activities. There is no legislative intent to impair or prohibit insurance company efforts to pursue claims cost containment through the use of preferred provider arrangements. The legislative acknowledges and encourages these kinds of programs as a reasonable means of keeping insurance affordable for everyone in Washington.
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1557.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1557, and the bill passed the House by the following vote: Yeas - 64, Nays - 29, Absent - 1, Excused - 4.
Voting yea: Representatives Backlund, Ballasiotes, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Mulliken, Pelesky, Pennington, Poulsen, Radcliff, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 64.
Voting nay: Representatives Appelwick, Basich, Brown, Casada, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, R., Grant, Kessler, Mason, Morris, Ogden, Padden, Quall, Regala, Romero, Rust, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 29.
Absent: Representative Silver - 1.
Excused: Representatives Beeksma, Jacobsen, Patterson and Reams - 4.
Engrossed Second Substitute House Bill No. 1557, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1610, by Representatives Delvin, Costa, Ballasiotes, Padden, Tokuda, Kremen, Chappell, Morris, Campbell, Hatfield, Cody, Regala, Romero, Hickel, Sheldon, Robertson and Kessler
Increasing involvement of victims in criminal prosecutions.
The bill was read the second time. There being no objection, Substitute House Bill No. 1610 was substituted for House Bill No. 1610 and the substitute bill was placed on second reading.
Substitute House Bill No. 1610 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Delvin and Costa spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1610.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1610, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.
Excused: Representatives Beeksma, Jacobsen, Patterson and Reams - 4.
Substitute House Bill No. 1610, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
With the consent of the House, the House considered House Bill No. 1147 and House Bill No. 1416 and continue with House Bill No. 1630.
HOUSE BILL NO. 1147, by Representatives Quall, B. Thomas, Mastin, Carlson, Basich, Backlund, Dyer and Sheldon
Authorizing charter schools.
The bill was read the second time. There being no objection, Substitute House Bill No. 1147 was substituted for House Bill No. 1147 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1147 was read the second time.
Representative McMahan moved adoption of the following amendment by Representative McMahan:
On page 2, at the beginning of line 1, strike "(e) Encouraging performance-based education programs;"
On page 2, line 21, after "act" strike "and the student learning goals in RCW 28A.150.210"
On page 3, beginning on line 32, strike all of Subsection (2)
On page 4, beginning on line 16, after "28A.230.240" strike all material through "programs" on line 20.
Representatives McMahan, Quall and Ebersole spoke in favor of the adoption of the amendment.
Representative Cole spoke against the adoption of the amendment.
A division was called. The Speaker called on the House to divide. The results of the division was: YEAS-41; NAYS-51. The amendment was not adopted.
Representative Quall moved adoption of the following amendment by Representative Quall:
On page 2, line 35, after "approval" insert "or disapproval"
Representative Quall spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Quall moved adoption of the following amendment by Representative Quall:
On page 8, line 4, after "41.59 RCW" insert "or chapter 41.56 RCW"
On page 8, line 6, after "41.59 RCW" insert "or chapter 41.56 RCW"
Representatives Quall and Cole spoke in favor of the adoption of the amendment.
Representative McMahan spoke against the adoption of the amendment.
A division was called. The Speaker called on the House to divide. The results of the division was: YEAS-50; NAYS-44. The amendment was adopted.
Representative Sommers moved adoption of the following amendment by Representative Sommers:
On page 8, beginning on line 13, strike all of section 12
Representatives Sommers and Quall spoke in favor of the adoption of the amendment.
Representative McMahan spoke against the adoption of the amendment.
A division was called. The Speaker called on the House to divide. The results of the division was: YEAS-38; NAYS-56. The amendment was not adopted.
Representative Silver moved adoption of the following amendment by Representative Silver:
On page 8, after line 16, insert "NEW SECTION. Sec. 13. If specific funding for this act, referencing this act by bill number, is not provided by June 30, 1995, in the biennial appropriations act, this act shall be null and void."
Representatives Silver and Quall spoke in favor of the adoption of the amendment.
The amendment was adopted.
With the consent of the House, amendment number 258 to Substitute House Bill No. 1147 was withdrawn.
Representative McMahan moved adoption of the following amendment by Representative McMahan:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The purpose of this chapter is to allow for the establishment of charter schools. The purposes of charter schools are to:
(1) Improve student learning;
(2) Increase learning opportunities for pupils;
(3) Encourage the use of different and innovative methods of teaching;
(4) Require the measurement of learning standards and create different and innovative forms of measuring standards;
(5) Establish new forms of accountability for schools; and
(6) Create professional opportunities for teachers and other educators, including the opportunity to be responsible for the learning program at the school site.
NEW SECTION. Sec. 2. This chapter applies only to charter schools formed and operated under this chapter.
NEW SECTION. Sec. 3. (1) School districts may sponsor charter schools. A sponsor may authorize one or more individuals or an organization to form and operate a charter school. If a school board rejects an application for a charter school, the application may be submitted to the state board of education for approval or disapproval. The sponsor's authorization shall be in the form of a written contract between the sponsor and the board of directors of the charter school.
(2) The total number of charter schools operating in the state in any school year shall not exceed ten, with not more than one charter school in any single school district. For purposes of implementing this subsection, a school district shall notify the state board of education when it receives a charter school application, when it approves a charter school pursuant to this section, and when a charter school contract expires or is terminated. Once ten charter schools are approved by school boards or the state board of education, the state board shall notify school districts. The state board also shall notify school districts when additional charter schools may be approved due to charter school contract expirations or terminations.
NEW SECTION. Sec. 4. The contract shall be in writing and contain at least the following:
(1) A description of a program that carries out one or more of the purposes in section 1 of this act;
(2) Specific standards to be achieved by the pupils;
(3) Admission policies and procedures;
(4) Management and administration of the school;
(5) Requirements and procedures for program and financial audits;
(6) Assumption of liability by the charter school;
(7) Types and amounts of insurance coverage to be obtained by the charter school; and
(8) The term of the contract, which may be up to three years.
NEW SECTION. Sec. 5. Except as provided in this section, a charter school is exempt from all statutes and rules applicable to a school board or school district, although it may elect to comply with one or more provisions of such statutes or rules. However, a charter school shall meet the same health and safety requirements required of a school district.
NEW SECTION. Sec. 6. (1) The school location may not be prescribed or limited by a sponsor or other authority, except a zoning authority.
(2) The school must be nonsectarian in its programs, admission policies, employment practices, and all other operations.
(3) The primary focus of the school shall be to provide a comprehensive program of instruction for at least one grade or age group from five through eighteen years of age. Instruction may be provided to people younger than five years and older than eighteen years of age.
(4) The school may not charge tuition.
NEW SECTION. Sec. 7. Charter schools shall not discriminate in the admission of students, hiring practices, or otherwise on the basis of race, ethnicity, color, or national origin.
NEW SECTION. Sec. 8. (1) A school may limit admission in the following ways:
(a) Pupils within an age group or grade level; or
(b) Pupils who have attributes designating them as at risk of failure.
(2) The school shall not limit admission to students on the basis of athletic ability.
NEW SECTION. Sec. 9. A charter school shall design its programs to meet the standards contained in the contract with the sponsor.
NEW SECTION. Sec. 10. The school shall provide instruction each year for at least the number of days required of school districts.
NEW SECTION. Sec. 11. Transportation for students enrolled at a charter school shall be provided by the school district in which the school is located for a student who resides in the same school district in which the charter school is located. Transportation may be provided by the school district in which the school is located for a student residing in a different school district.
NEW SECTION. Sec. 12. If a teacher employed by a school district makes a written request for an extended leave of absence to teach at a charter school, the school district shall grant the leave.
NEW SECTION. Sec. 13. (1) The superintendent of public instruction shall separately calculate and allocate moneys appropriated for basic education under RCW 28A.150.260 to charter schools. The amount of state funding for charter schools shall be determined by the number of full-time equivalent students enrolled in the school multiplied by the estimated state-wide annual average per full-time equivalent student allocation under RCW 28A.150.260 and applicable rules.
(2) State funding for students who are eligible for special education under chapter 28A.155 RCW, the learning assistance program under chapter 28A.165 RCW, and the transitional bilingual instruction program under chapter 28A.180 RCW shall be determined in accordance with applicable statutes and rules that apply to school districts.
(3) For each annual full-time equivalent student enrolled in a charter school, the charter schools shall be entitled to an amount equal to the maintenance and operation excess tax levy rate per annual average full-time equivalent student of the district in which each full-time equivalent student who attends the charter school resides. These funds shall be paid to the charter school by the school district in which the student resides.
(4) The superintendent shall establish rules for the calculation and payment of funds to charter schools.
(5) The board of trustees may not levy taxes or issue bonds.
(6) Charter schools may receive funds from other governmental and private sources, excluding sectarian organizations.
(7) Money received from the state shall not be used to purchase land or buildings. The school may own land and buildings if obtained through nonstate sources. If school districts have excess classroom space, facilities, and buildings suitable for a charter school, the school district shall make such space and facilities available to the charter school.
NEW SECTION. Sec. 14. (1) The approving agency may unilaterally terminate a contract during the term of the contract for any reason in subsection (2) of this section. At least sixty days before not renewing or terminating a contract, the approving agency shall notify the board of trustees of the school of the proposed action in writing. The notice shall state the reasons for the proposed action in reasonable detail and the school's board of trustees may request in writing an informal hearing before the approving agency within fourteen days of receiving notice of nonrenewal or termination of the contract. Failure by the board of trustees to make a written request for a hearing within the fourteen-day period shall be treated as acquiescence to the proposed actions. Upon receiving a timely written request for a hearing, the approving agency shall give reasonable notice to the school's board of trustees of the hearing date. The approving agency shall conduct an informal hearing before taking final action.
(2) A contract may be terminated for the following reasons:
(a) The failure to meet the requirements for student performance contained in the contract;
(b) The failure to meet generally accepted standards of fiscal management;
(c) Violations of the law; or
(d) Other good cause shown.
(3) If a contract is terminated, the school shall be dissolved.
(4) If a contract is terminated or not renewed, students who attended the school may enroll in the resident district, or may submit an application to a nonresident district according to RCW 28A.225.220 through 28A.225.230. Applications and notices required by RCW 28A.225.220 through 28A.225.230 shall be processed and provided in a prompt manner.
NEW SECTION. Sec. 15. Sections 1 through 14 of this act shall constitute a new chapter in Title 28A RCW."
Representatives McMahan, Robertson, B. Thomas, Padden, Elliot, Carrell and Buck spoke in favor of the adoption of the amendment.
Representative Ebersole: Thank you Mr. Speaker. Mr. Speaker, as you and I know it's difficult to assertion what a true Point of Order is or not, and perhaps it would be useful and maybe at this time or at some future time if the Speaker could review for the members what is actually impugning the members of a motive. We've heard numerous points of objection, points of orders raised that in my opinion are objectionable because people have heard objectionable or harsh language. Certainly harsh and objectionable language or a direct impugning of a members motive is not permissible under the rules under which we operate perhaps we can have a clarification of that Parliamentary Rule at this time or at some future time.
Representatives Quall, G. Fisher, B. Thomas, Cole, Ebersole, Radcliff, Chopp, Sehlin, Morris and Brumsickle spoke against the adoption of the amendment.
MOTION
On motion of Representative Talcott, Representatives Boldt and Silver were excused.
Representative McMahan again spoke in favor of adoption of the amendment.
The amendment was not adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Quall, Talcott, B. Thomas and Cole spoke in favor of passage of the bill.
Representative K. Schmidt demanded the previous question and the demand was sustained.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1147.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1147, and the bill passed the House by the following vote: Yeas - 72, Nays - 19, Absent - 1, Excused - 6.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Benton, Blanton, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Grant, Hankins, Hatfield, Hickel, Horn, Huff, Hymes, Johnson, Kessler, Kremen, Lambert, Mason, Mastin, Mielke, Mitchell, Morris, Ogden, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Scott, Sehlin, Sheldon, Sherstad, Smith, Sommers, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 72.
Voting nay: Representatives Appelwick, Casada, Chandler, Clements, Fuhrman, Goldsmith, Hargrove, Honeyford, Koster, Lisk, McMahan, McMorris, Mulliken, Padden, Pelesky, Pennington, Schoesler, Skinner and Stevens - 19.
Absent: Representative Sheahan - 1.
Excused: Representatives Beeksma, Boldt, Jacobsen, Patterson, Reams and Silver - 6.
Engrossed Substitute House Bill No. 1147, having received the constitutional majority, was declared passed.
MOTION
Representative Padden moved that the House immediately consider Substitute House Bill No. 1299.
There being no objection, the House deferred consideration of Substitute House Bill No. 1299.
There being no objection, the House advanced to the eleventh order of business.
MOTION
There being no objection, the House adjourned until 9:00 a.m., Monday, March 13, 1995.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk