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SIXTY-FOURTH DAY

__________

MORNING SESSION

__________

House Chamber, Olympia, Monday, March 13, 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 Nicole Packer and Holly Johnston. Prayer was offered by Pastor Frank Brocker, Christ Lutheran Church of Lakewood.

             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:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5199,

SUBSTITUTE SENATE BILL NO. 5207,

ENGROSSED SENATE BILL NO. 5344,

SECOND SUBSTITUTE SENATE BILL NO. 5387,

SUBSTITUTE SENATE BILL NO. 5407,

SENATE BILL NO. 5434,

ENGROSSED SENATE BILL NO. 5437,

SUBSTITUTE SENATE BILL NO. 5442,

SENATE BILL NO. 5501,

SUBSTITUTE SENATE BILL NO. 5522,

SENATE BILL NO. 5523,

ENGROSSED SENATE BILL NO. 5529,

SENATE BILL NO. 5538,

SUBSTITUTE SENATE BILL NO. 5540,

SENATE BILL NO. 5548,

SUBSTITUTE SENATE BILL NO. 5556,

SENATE BILL NO. 5563,

SENATE BILL NO. 5581,

SUBSTITUTE SENATE BILL NO. 5606,

SENATE BILL NO. 5625,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5633,

SENATE BILL NO. 5655,

SENATE BILL NO. 5699,

SENATE BILL NO. 5705,

SUBSTITUTE SENATE BILL NO. 5724,

SUBSTITUTE SENATE BILL NO. 5727,

SENATE BILL NO. 5748,

SENATE BILL NO. 5759,

SENATE BILL NO. 5767,

SENATE BILL NO. 5771,

SENATE BILL NO. 5802,

ENGROSSED SENATE BILL NO. 5873,

SUBSTITUTE SENATE BILL NO. 5918,

SENATE BILL NO. 5956,

SUBSTITUTE SENATE BILL NO. 5993,

SENATE BILL NO. 6011,

and the same are herewith transmitted.

Marty Brown, Deputy Secretary

             There being no objection, the House advanced to the fourth order of business.

INTRODUCTIONS AND FIRST READING

ESSB 5199       by Senate Committee on Government Operations (originally sponsored by Senators Quigley, Winsley, Haugen, Snyder, Sheldon, McAuliffe, Franklin and Drew; by request of Governor Lowry)

Eliminating and consolidating boards and commissions.

Referred to Committee on Government Operations.

SSB 5207          by Senate Committee on Government Operations (originally sponsored by Senators Winsley, Haugen and Rasmussen)

Clarifying annexation authority by municipal corporations providing sewer or water service of unincorporated territory.

Referred to Committee on Government Operations.

ESB 5344         by Senators Wojahn, Smith, Haugen and Kohl

Changing provisions relating to child support enforcement.

Referred to Committee on Law & Justice.

2SSB 5387        by Senate Committee on Ways & Means (originally sponsored by Senators Wojahn, Winsley, Franklin, Haugen, Rasmussen, McCaslin and West)

Providing tax incentives for multiple-unit housing in urban centers.

Referred to Committee on Trade & Economic Development.

SSB 5407          by Senate Committee on Government Operations (originally sponsored by Senators Winsley, Haugen, Oke and Wojahn)

Allowing voters to protect a portion of metropolitan park district property taxes from prorationing.

Referred to Committee on Government Operations.

SB 5434            by Senators Prentice, Hale and Fraser; by request of Insurance Commissioner

Amending licensing requirements of general agents.

Referred to Committee on Financial Institutions & Insurance.

ESB 5437         by Senator Prentice; by request of Insurance Commissioner

Disclosing material transactions.

Referred to Committee on Financial Institutions & Insurance.

SSB 5442          by Senate Committee on Agriculture & Agricultural Trade & Development (originally sponsored by Senators Rasmussen, Morton, Loveland, Prince, Snyder and Newhouse)

Directing the state weeds board to study weed control on state lands.

Referred to Committee on Agriculture & Ecology.

SB 5501            by Senators Bauer, Rinehart, Oke, Prince and Wojahn; by request of Legislative Budget Committee

Streamlining hospital regulation and inspection.

Referred to Committee on Health Care.

SSB 5522          by Senate Committee on Law & Justice (originally sponsored by Senators Smith, Roach, C. Anderson and Johnson)

Regulating the use of pro tempore judges and court commissioners.

Referred to Committee on Law & Justice.

SB 5523            by Senators Smith and Johnson

Regulating payment of criminal defendants' costs.

Referred to Committee on Corrections.

ESB 5529         by Senators McAuliffe, Rinehart, Moyer, McDonald, Wojahn and Winsley; by request of Office of Financial Management

Changing school district levy provisions.

Referred to Committee on Appropriations.

SB 5538            by Senators McAuliffe, Pelz and Rasmussen; by request of Board of Education and Superintendent of Public Instruction

Changing state board of education staff provisions.

Referred to Committee on Education.

SSB 5540          by Senate Committee on Law & Justice (originally sponsored by Senators Smith, Roach, C. Anderson, Schow, Franklin, Kohl and Winsley)

Authorizing drug-free zones around public housing authority facilities.

Referred to Committee on Law & Justice.

SB 5548            by Senators Fraser, Heavey, Hale, Newhouse, Deccio and Haugen

Changing the registration requirements relating to professional land surveyors and engineers.

Referred to Committee on Commerce & Labor.

SSB 5556          by Senate Committee on Health & Long-Term Care (originally sponsored by Senators C. Anderson, Long, Kohl, A. Anderson, Fairley, Sheldon, Prentice, Moyer and Haugen)

Revoking the license of a massage practitioner who has been convicted of prostitution.

Referred to Committee on Law & Justice.

SB 5563            by Senators West, Pelz and McCaslin

Relating to class H liquor licenses issued to hotels operating conference or convention centers or having banquet facilities on property owned or through leasehold interest by the licensed hotel.

Referred to Committee on Commerce & Labor.

SB 5581            by Senators Fraser, Sellar, Prentice, Roach, Snyder, Sutherland, Smith, Hale, Spanel, C. Anderson and Winsley

Extending the expiration date for the pollution liability insurance program.

Referred to Committee on Financial Institutions & Insurance.

SSB 5606          by Senate Committee on Ecology & Parks (originally sponsored by Senators Fraser, Haugen, Owen, McCaslin, Swecker, Newhouse, Oke, Rasmussen, Winsley, Morton and Schow)

Providing for use of reclaimed water.

Referred to Committee on Agriculture & Ecology.

SB 5625            by Senators Haugen, Drew, Oke and Rasmussen

Clarifying hunting license requirements.

Referred to Committee on Natural Resources.

E2SSB 5633     by Senate Committee on Ways & Means (originally sponsored by Senators Snyder, Swecker, Hargrove, Haugen, Morton, Hochstatter, Owen and Rasmussen)

Attempting to limit the growth and spread of the noxious weed spartina.

Referred to Committee on Agriculture & Ecology.

SB 5655            by Senators Rasmussen and Sellar

Revising state freight rail service programs.

Referred to Committee on Transportation.

SB 5699            by Senators Fraser, Prince and Rasmussen; by request of Secretary of State

Revising provisions relating to international student exchange visitor placement organizations.

Referred to Committee on Education.

SB 5705            by Senators Newhouse, Prentice, Pelz, Wojahn, Hale, Heavey, Deccio, Palmer, Prince and Winsley; by request of Joint Task Force on Unemployment Insurance

Establishing requirements for work force development programs in the employment security department.

Referred to Committee on Commerce & Labor.

SSB 5724          by Senate Committee on Law & Justice (originally sponsored by Senators Quigley, Long and Haugen; by request of State Law Library)

Simplifying publication and distribution of court reports.

Referred to Committee on Law & Justice.

SSB 5727          by Senate Committee on Government Operations (originally sponsored by Senators Drew, Haugen, C. Anderson, Sheldon, Swecker, Winsley and Kohl; by request of Secretary of State)

Updating accessibility requirements for polling and registration places.

Referred to Committee on Government Operations.

SB 5748            by Senators Prentice, Fraser, Sellar, Rinehart, Prince, Smith, C. Anderson, Franklin, Kohl, Heavey, Pelz and Wojahn; by request of Human Rights Commission

Expanding the state law against discrimination.

Referred to Committee on Law & Justice.

SB 5759            by Senators Pelz, Smith, Prince, Rinehart, Winsley, Heavey, Quigley, Drew, Prentice, Finkbeiner, Fairley, Fraser, Spanel, C. Anderson, Kohl and Wojahn

Including crimes committed to obstruct or hinder legal abortions on the list of aggravating circumstances for the purposes of imposing exceptional sentences.

Referred to Committee on Law & Justice.

SB 5767            by Senators Deccio and McCaslin

Authorizing consolidation of municipal irrigation assessment districts.

Referred to Committee on Government Operations.

SB 5771            by Senators Pelz, Newhouse and Deccio; by request of Employment Security Department

Establishing unemployment insurance liability for third party employers.

Referred to Committee on Commerce & Labor.

SB 5802            by Senators Fraser and Sellar

Regulating housing authorities.

Referred to Committee on Government Operations.

ESB 5873         by Senators Fairley, Owen, Fraser, Smith, Prentice, Kohl and Oke

Raising the fine for parking in places reserved for physically handicapped persons.

Referred to Committee on Law & Justice.

SSB 5918          by Senate Committee on Human Services & Corrections (originally sponsored by Senators Sheldon, Hargrove, Quigley, Prentice, Rasmussen and Kohl)

Revising provisions for a single system of accountability for the mental health service delivery system.

Referred to Committee on Children & Family Services.

SB 5956            by Senators Rasmussen, Strannigan, Rinehart, Hargrove, Smith, Schow, Prentice, Hochstatter, Wojahn, Haugen, Sheldon, Gaspard, Deccio, Spanel, Morton, Pelz, Franklin, Bauer, Kohl, Sutherland, Palmer, McDonald, Wood, A. Anderson, Owen, McAuliffe, Fraser, Long, West, Oke and Winsley

Collecting unpaid court obligations.

Referred to Committee on Law & Justice.

SSB 5993          by Senate Committee on Government Operations (originally sponsored by Senators Winsley, Finkbeiner, Swecker and Wood)

Providing for paid leaves of absence for state employees to provide disaster relief services.

Referred to Committee on Government Operations.

SB 6011            by Senator McAuliffe

Changing provisions relating to the purchase of liability insurance by school districts.

Referred to Committee on Education.

MOTION

             On motion of Representative Foreman, 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.

SECOND READING

             HOUSE BILL NO. 1560, by Representatives K. Schmidt and Blanton; by request of Attorney General

Penalizing fuel tax evasion.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1560 was substituted for House Bill No. 1560 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1560 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 K. Schmidt and R. Fisher spoke in favor of passage of the bill.

             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1560.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1560, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 2, Excused - 2.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, 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, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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.

             Absent: Representatives Appelwick and Fisher, G. - 2.

             Excused: Representatives Blanton and Dyer - 2.

             Substitute House Bill No. 1560, 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.

SPEAKER'S PRIVILEGE

             Mr. Speaker: Before we start working this morning, with your indulgence, the Speaker would like to take a few minutes of your time.

             I want to thank the members of the House for the time, effort, and dedication to service that you have brought to the House of Representatives. Working together, through some times of tension and some times of fun. We have done well, but much remains to be done.

             The Minority Leader, and former Speaker, Representative Ebersole, has suggested that this would be a good time at which to discuss the matter of decorum in debate. I appreciate and welcome his wise recommendation.

             I have asked the Chief Clerk of the House to put on every members desk a copy of Reed's Rule 212. Some of the language suggested for use in 1894, when Reed's Rules were first published, would be considered a comedy of manners if used in 1995. Modern customs and manners are less formal, but the need to respect each other and to respect the institution is no less today, than it was over 100 years ago.

             Every member has a right to debate the issues that are put before the House of Representatives. Every member has a right to make as forceful and vigorous a defense of their position as their intellectual capacity enables them to develop.

             With only this caveat, the debate must proceed in a manner that respects the dignity of every member of the House and the responsibility that all of us hold, individually and collectively, to protect this institution.

             Well constructed appeals to passion move people, they can be effective and legitimate techniques of debate, but unless carefully employed, they can do more to raise heat than they do to shed light.

             Remarks about past or future election results almost always serve to raise blood pressures and almost never serve to raise understanding about the issue being debated.

             We live in a time of great anger and violence. As leaders, we must show the way to settle disputes without anger and without violence. We must show respect for one another and ourselves if we hope to lead others on that path.

             Allow me to talk for a minute or two if you will, about the other side of the debate issue, the duty of those to whom remarks are addressed to really listen to the remarks that the Representative is making.

             Is it all together unreasonable for the person speaking to make remarks that may push the limits of proper debate if employing that tactic is the only means to cause you to listen to their remarks?

             Will raising a Point of Order each time a Representative goes near or slightly beyond the illusive line or proper debate, reduce or increase the tensions of debate?

             A Point of Order, which alleges that a member of the House has gone too far in debate, and has in some manner violated the decorum expected of all members, is a serious charge, not to be lightly undertaken. While any member has the right to raise a Point of Order regarding decorum, custom has given that duty to the Speaker on his own volition, and to the senior elected leaders of the two caucus'.

             The Speaker is fully aware of his right and duty to maintain an appropriate level of respect and decorum in debate. The Speaker is also aware that it is custom of our political process, regrettably not always followed, to vote when you have the votes and talk when you don't.

             Those Representatives who find themselves in a Minority voting position on a measure, are often the members who seek to change hearts, minds, votes, and in a completely proper manner, how the story is told.

             The Speaker has a duty to all members to maintain the dignity and decorum of this institution, to encourage respect for all members of his House, but he also has a special duty to protect the rights of the Minority, so that they have their say on the issues and have a chance to put their spin on the story.

             Often when a Point of Order is raised regarding decorum, the Speaker is faced with the nearly impossible task of balancing the rights of all members to speak, especially those who are in the Minority position on the issue being discussed, and the duty of all members to respect one another in their debate.

             The Speaker at times may remind the members of rules. Not to embarrass any member, but as a method of maintaining proper decorum.

             The Speaker would like to share a personal observation about debate. A person who's goal is to make their political point to convince others, is usually most successful in dealing with the subject and relevant facts. The least successful method, if that is your intent, is to push the line with personal or partisan attacks.

             However, the Speaker is quick to state that at times this may be the intent.

             In cases of impugning a persons motives, either directly or by other comparisons is not acceptable.

             I will ask these two things of all members:

             (1) When you are speaking please be sensitive as to how your remarks may be perceived by other members; and

             (2) To those to whom the remarks are directed, please listen, and if, because we are all human, the person speaking briefly allows their passion to exceed what you believe to be the proper limits of debate, forgive them, allow the transgression. The Speaker can and will take action without any motion from the floor.

             Thank you for your attention, we have a lot of work to do, let's get started.

             There being no objection, the House considered the following bills in the following order: House Bill No. 1451, House Bill No. 1821, House Bill No. 1421, House Bill No. 1518 and House Bill No. 1200.

             HOUSE BILL NO. 1451, by Representatives Mielke, Lisk, McMorris, Sheldon, Mastin, Horn, Thompson, Hargrove, Sherstad and Basich

Expanding employer workers' compensation group self-insurance.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1451 was substituted for House Bill No. 1451 and the substitute bill was placed on the second reading calendar.

             Substitute House Bill No. 1451 was read the second time.

             With the consent of the House, amendment number 180 to Substitute House Bill No. 1451 was withdrawn.

             Representative Mastin moved adoption of the following amendment by Representative Mastin:

             On page 13, line 4, after "it," insert "requires claimants to submit to an unreasonable number of medical examinations as a condition of receiving benefits under this title, unreasonably interferes with the claimants' choice of health services providers to treat the injuries covered by this title,"

             On page 13, after line 33, insert the following:

             "NEW SECTION. Sec. 22. (1) It is unlawful for a self-insurance group representative, or employer member of the group or the employer's representative, or any person to:

             (a) Induce or coerce an employee not to report an industrial accident;

             (b) Induce or coerce an employee to treat an industrial accident as an off-the-job injury; or

             (c) Unreasonably attempt to influence an employee's attending physician with regard to releasing the employee for return to work.

             (2) A claimant or beneficiary of the claimant who is injured or damaged because of a violation of this section or a violation of a rule adopted by the director under this section may bring a civil action in superior court to enjoin further violations, and to recover the actual damages sustained by him or her, or both, together with the cost of suit, including a reasonable attorneys' fee to be set by the court.

             (3) The prohibited practices set forth in this section apply to employers who are members of self-insurance groups, to administrative organizations maintained by self-insurance groups to manage their industrial insurance matters, and to self-insurance groups."

             On page 14, after line 24, insert the following:

             "Sec. 25. RCW 51.28.050 and 1984 c 159 s 1 are each amended to read as follows:

             No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued, except as provided in RCW 51.28.055. If the failure to file the application or take action to enforce a claim under this section results from an act prohibited by section 22 of this act, then the time period for filing under this section shall commence from the date of the prohibited act.

             Sec. 26. RCW 51.28.055 and 1984 c 159 s 2 are each amended to read as follows:

             Claims for occupational disease or infection to be valid and compensable must be filed within two years following the date the worker had written notice from a physician: (1) Of the existence of his or her occupational disease, and (2) that a claim for disability benefits may be filed. The notice shall also contain a statement that the worker has two years from the date of the notice to file a claim. The physician shall file the notice with the department. The department shall send a copy to the worker and to the self-insurer if the worker's employer is self-insured. However, a claim is valid if it is filed within two years from the date of death of the worker suffering from an occupational disease.

             If the failure to file the application or take action to enforce a claim under this section results from an act prohibited by section 22 of this act, then the time period for filing under this section shall commenced from the date of the prohibited act."

             Representatives Mastin and Campbell spoke in favor of the adoption of the amendment.

             Representative Mielke spoke against the adoption of the amendment.

             Representative Mastin again spoke in favor of the adoption of the amendment.

             Representative Appelwick demanded an electronic roll call vote and the demand was sustained.

MOTION

             On motion of Representative Brown, Representative G. Fisher was excused.

ROLL CALL

             The Clerk called the roll on the adoption of the amendment, on page 13, line 4 to Substitute House Bill No. 1451, and the amendment was adopted by the following vote: Yeas - 51, Nays - 43, Absent - 1, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Benton, Boldt, Brown, Campbell, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, R., Grant, Hatfield, Hymes, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Regala, Robertson, Romero, Rust, Schmidt, K., Scott, Sheldon, Smith, Sommers, Thibaudeau, Thomas, B., Tokuda, Valle, Van Luven, Veloria and Wolfe - 51.

             Voting nay: Representatives Beeksma, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Reams, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Stevens, Talcott, Thomas, L., Thompson and Mr. Speaker - 43.

             Absent: Representative Horn - 1.

             Excused: Representatives Blanton, Dyer and Fisher, G. - 3.

             The bill was ordered engrossed.

MOTION

             Representative Mielke moved that the House defer further consideration of Substitute House Bill No. 1451 and the bill held it's place on the second reading calendar.

             HOUSE BILL NO. 1821, by Representatives Kessler, Buck, Quall, Carlson, Casada and Basich

Disqualifying from unemployment compensation persons whose public employment contract is bought out.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1821 was substituted for House Bill No. 1821 and the substitute bill was placed on the second reading calendar.

             Substitute House Bill No. 1821 was read the second time.

             Representative Kessler moved adoption of the following amendment by Representative Kessler:

             On page 3, beginning on line 7, strike all of section 2

Correct the title.

             Representative Kessler 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 Kessler and Buck 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. 1821.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1821, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, 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, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 95.

             Excused: Representatives Blanton, Dyer and Fisher, G. - 3.

             Engrossed Substitute House Bill No. 1821, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1421, by Representatives Sheldon, Foreman, Johnson, Hatfield, Buck, Grant, Schoesler, Chappell, Basich, Kessler, Morris, Skinner, Thompson, Campbell, Costa, Hargrove, Chandler, Mastin, Wolfe and Quall

Providing business incentives for distressed areas.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1421 was substituted for House Bill No. 1421 and the substitute bill was placed on the second reading calendar.

             Substitute House Bill No. 1421 was read the second time.

             Representative Sheldon moved adoption of the following amendment by Representative Sheldon:

             On page 2, line 24, strike "ten" and insert "twenty"

             On page 2, line 25, after "section." insert "The total credits allowed under this section for a business shall not exceed five thousand dollars per calendar year."

             On page 2, after line 31, insert:

             "(5) This section only applies to training in respect to eligible business projects for which an application is approved on or after July 1, 1995."

             Representatives Sheldon and Chopp 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 Sheldon 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. 1421.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1421, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, 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, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 95.

             Excused: Representatives Blanton, Dyer and Fisher, G. - 3.

             Engrossed Substitute House Bill No. 1421, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1518, by Representatives Thompson, Lambert, Talcott, Brumsickle, Elliot, Radcliff, D. Schmidt, Pelesky, Padden, Veloria, Dickerson, McMahan, Quall, Johnson, Basich and Mason

Authorizing clock hours for teachers participating in internships.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1518 was substituted for House Bill No. 1518 and the substitute bill was placed on the second reading calendar.

             Substitute House Bill No. 1518 was read the second time.

             Representative Thompson moved adoption of the following amendment by Representative Thompson:

             On page 2, line 6, after "each" strike "twenty-five"

             On page 2, line 6, after "each" insert "forty:

             On page 2, line 31, after "in" insert "uncompensated"

             On page 3, line 1, strike "fifteen"

             On page 3, line 1, after "of" insert "two"

             On page 3, line 2, strike "five"

             Representatives Thompson and Lambert 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 Thompson and Cole spoke in favor of passage of the bill.

             Representative Rust spoke against passage of the bill.

             Representative Thompson again 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. 1518.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1518, and the bill passed the House by the following vote: Yeas - 93, Nays - 3, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, 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, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, 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 - 93.

             Voting nay: Representatives Brown, Mason and Rust - 3.

             Excused: Representatives Blanton and Fisher, G. - 2.

             Engrossed Substitute House Bill No. 1518, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1200, by Representatives Basich, Kremen, Ballasiotes, Quall, Van Luven and Carlson

Protecting sports officials from civil actions and assaults.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1200 was substituted for House Bill No. 1200 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1200 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 Basich and Hargrove 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. 1200.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1200, and the bill failed to pass the House by the following vote: Yeas - 47, Nays - 49, Absent - 0, Excused - 2.

             Voting yea: Representatives Basich, Benton, Boldt, Brown, Brumsickle, Carlson, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Ebersole, Elliot, Grant, Hatfield, Hymes, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Padden, Patterson, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Scott, Sehlin, Sheahan, Sheldon, Sommers, Thibaudeau, Thompson, Tokuda, Valle, Van Luven, Veloria and Wolfe - 47.

             Voting nay: Representatives Appelwick, Backlund, Ballasiotes, Beeksma, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Crouse, Delvin, Dyer, Fisher, R., Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Pelesky, Pennington, Robertson, Rust, Schmidt, D., Schmidt, K., Schoesler, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L. and Mr. Speaker - 49.

             Excused: Representatives Blanton and Fisher, G. - 2.

             Substitute House Bill No. 1200, not having received the constitutional majority, was declared failed.

             There being no objection, the House considered the following bills in the following order: House Bill No. 1274, House Bill No. 1416, House Bill No. 1486, House Bill No. 1549, House Bill No. 1597 and House Bill No. 1630.

             HOUSE BILL NO. 1274, by Representatives Reams, Sheldon, K. Schmidt, Hargrove, McMahan, Mulliken, Foreman, Sherstad, Elliot, Stevens, Johnson, Talcott and Huff

Revising growth management provisions.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1274 was substituted for House Bill No. 1274 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1274 was read the second time.

             Representative Pennington moved adoption of the following amendment by Representative Pennington:

             On page 4, line 25, strike "seventy-five" and insert "one hundred"

             On page 5, line 13, strike "seventy-five" and insert "one hundred"

             Representative Pennington spoke in favor of the adoption of the amendment.

             Representative Reams spoke against the adoption of the amendment.

             Representative Pennington again spoke in favor of the adoption of the amendment.

             A division was called. The Speaker called on the House to divide. The results of the division was: YEAS-35; NAYS-60. The amendment was not adopted.

             Representative Chopp moved adoption of the following amendment by Representative Chopp:

             On page 4, line 29, after "if" strike "this" and insert "((this)) both: (a) the governing bodies of at least sixty percent of the cities in a county, that include at least seventy-five percent of the city population in the county, adopt resolutions approving the removal; and (b) the county"

             On page 5, line 17, strike "the" and insert "both: (a) the governing bodies of at least sixty percent of the cities in a county, that include at least seventy-five percent of the city population in the county, adopt resolutions approving the removal; and (b) the county"

             Representative Chopp spoke in favor of the adoption of the amendment.

             Representatives Reams and Rust spoke against the adoption of the amendment.

             Representative Patterson demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

             The Clerk called the roll on the adoption of the amendment on page 4, line 29 to Substitute House Bill No. 1274 and the amendment was not adopted by the following vote: Yeas - 29, Nays - 67, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Brown, Chandler, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, R., Grant, Jacobsen, Mason, Mastin, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 29.

             Voting nay: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 67.

             Excused: Representatives Blanton and Fisher, G. - 2.

MOTION FOR RECONSIDERATION

             Representative Van Luven: Having voted on the prevailing side moved that the House immediately reconsider the vote by which amendment number 285 to Substitute House Bill No. 1274 failed to pass the House.

             Representatives Pennington and Morris spoke in favor of the adoption of the amendment.

             Representatives Reams and Quall spoke against the adoption of the amendment.

             Representative Pennington again spoke in favor of the adoption of the amendment.

             A division was called. The Speaker called on the House to divide. The results of the division was: YEAS-45; NAYS-51. The amendment was not adopted.

             Representative Reams moved adoption of the following amendment by Representative Reams:

             On page 11, line 21, after "growth" insert "or is so situated in light of geographic, resource protection, affordable housing, or utility considerations as to be appropriate for urban growth within the succeeding twenty-year period"

             Representative Reams spoke in favor of the adoption of the amendment.

             Representative Rust spoke against the adoption of the amendment.

             The amendment was adopted.

             Representative Reams moved adoption of the following amendment by Representative Reams:

             On page 12, line 17, after "geographic" insert ", resource protection, affordable housing,"

             Representative Reams spoke in favor of the adoption of the amendment.

             The amendment was adopted.

             Representative Reams moved adoption of the following amendment by Representative Reams:

             On page 12, after line 37, insert:

             "(6) Nothing in this chapter shall prevent a county from including as part of the urban growth area established under this section any area which prior to July 1, 1990, both: (a) Was designated for urban growth activity under an officially adopted county plan; and (b) had development permits submitted to the county implementing that urban designation."

             Representative Reams spoke in favor of the adoption of the amendment.

             The amendment was adopted.

             Representative Reams moved adoption of the following amendment by Representative Reams:

             On page 20, after line 26, insert the following:

             "(3) In lieu of the procedures under subsection (2) of this section to approve a fully contained community by altering an established urban growth area, a county may allocate initially part of its twenty-year growth management planning population projection to and include in its initial urban growth areas fully contained communities where the criteria stated under subsection (1) of this section will be met through project approval.

             (4) The criteria for designating an urban growth area for fully contained communities are those set forth in this section, and not the criteria in RCW 36.70.110."

             Representative Reams spoke in favor of the adoption of the amendment.

             The amendment was adopted.

             There being no objection, the House reverted to amendment number 253 to Substitute House Bill No. 1274.

             There being no objection, an electronic roll call has been demanded.

ROLL CALL

             The clerk called the roll on adoption of the amendment, on page 4, line 29 to Substitute House Bill No. 1274 and the amendment was not adopted by the following vote: Yeas - 29, Nays - 67, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Brown, Chandler, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, R., Grant, Jacobsen, Mason, Mastin, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 29.

             Voting nay: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 67.

             Excused: Representatives Blanton and Fisher, G. - 2.

             Representative Rust moved adoption of the following amendment by Representative Rust:

             On page 20, beginning on line 27, strike all of section 14 and insert:

             "NEW SECTION. Sec. 14. A new section is added to chapter 36.70A RCW to read as follows:

             (1) A county required or choosing to plan under RCW 36.70A.040 may establish, in consultation with cities under the provisions of RCW 36.70A.120, a process for reviewing and approving proposals to authorize the siting of specific major industrial developments outside urban growth areas in the county.

             (2) A major industrial development may be approved outside an urban growth area in a county planning under this chapter if criteria including, but not limited to the following, are met:

             (a) Infrastructure is provided and impact fees are established consistent with the requirements of RCW 82.02.060;

             (b) Transit-oriented site planning and traffic demand management programs are implemented;

             (c) Buffers are provided between the major industrial development and adjacent nonurban areas;

             (d) Environmental protection including air and water quality has been addressed and provided for;

             (e) Development regulations are established that discourage urban growth in adjacent nonurban area;

             (f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands;

             (g) The plan for the major industrial development is consistent with the county's development regulations established for protection of critical areas; and

             (h) Based upon an inventory of industrial sites available in the county that the county maintains, the county has determined and entered findings that land suitable to site the major industrial development is unavailable within the county. Priority shall be given to applications for sites that are adjacent to or in close proximity to the urban growth area.

             (3) "Major industrial development" means a master planned location for a specific manufacturing or industrial business that: (a) Requires a parcel of land so large that no suitable parcels, without critical areas, are available within any urban growth area located in the same county; or (b) is a natural-resource-based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent."

             Representative Rust spoke in favor of the adoption of the amendment.

             Representative Reams spoke against the adoption of the amendment.

             The amendment was not adopted.

             Representative R. Fisher moved adoption of the following amendment by Representative R. Fisher:

             On page 21, beginning on line 27, strike all of section 15, and insert:

             "Sec. 15. RCW 43.62.035 and 1991 sp.s. c 32 s 30 are each amended to read as follows:

             The office of financial management shall determine the population of each county of the state annually as of April 1st of each year and on or before July 1st of each year shall file a certificate with the secretary of state showing its determination of the population for each county. The office of financial management also shall determine the percentage increase in population for each county over the preceding ten-year period, as of April 1st, and shall file a certificate with the secretary of state by July 1st showing its determination. At least once every ten years the office of financial management shall prepare twenty-year growth management planning population projections required by RCW 36.70A.110 for each county that adopts a comprehensive plan under RCW 36.70A.040 and shall review these projections with such counties and the cities in those counties before final adoption. Each projection may be expressed as a range, the median of which shall represent the office's estimate of the most likely population projection for the county. The higher end of the range shall not exceed one hundred twenty percent of the lower end of the range. If any city or county believes that a projection does not accurately reflect actual population growth in a county, it may petition the office to revise the projection accordingly."

             Representative R. Fisher spoke in favor of the adoption of the amendment.

             Representative Reams spoke against the adoption of the amendment.

             The amendment was not adopted.

             Representative Rust moved adoption of the following amendment by Representative Rust:

             On page 22, beginning on line 13, strike all of section 16

             Correct the title.

             Representative Rust spoke in favor of the adoption of the amendment.

             Representative Reams spoke against the adoption of the amendment.

             The amendment was not adopted.

             With the consent of the House, the House deferred further consideration of Substitute House Bill No. 1274 and the bill held it's place on the second reading calendar.

             HOUSE BILL NO. 1416, by Representatives Skinner, Foreman, Schoesler and Huff

Modifying certificate of need provisions.

             The bill was read the second time.

             Representative Skinner moved adoption of the following amendment by Representative Skinner:

             On page 5, beginning on line 30, after "without" strike all material through "(d)" on line 32, and insert "((being subject to the provisions of this chapter except under RCW 70.38.105(4)(d))) obtaining a certificate of need under this chapter"

             On page 6, after line 23, insert the following:

             "(e) When a building owner has secured an interest in the nursing home beds, which are intended to be voluntarily reduced by the licensee under (a) of this subsection, the applicant shall provide the department with a written statement indicating the building owner's approval of the bed reduction."

             Beginning on page 10, line 32, after "(13)" strike all material through "purposes" on page 11, line 6, and insert "((In the case of an application for a certificate of need to replace existing nursing home beds, all criteria must be met on the same basis as an application for a certificate of need for a new nursing home, except that the need criteria shall be deemed met if the applicant is an existing licensee who proposes to replace existing beds that the licensee has operated for at least one year with the same or fewer number of beds in the same planning area)) (a) Replacement of existing nursing home beds in the same planning area by an existing licensee who has operated the beds for at least one year shall not require a certificate of need under this chapter. The licensee shall give written notice of its intent to replace the existing nursing home beds to the department and shall provide the department with information as may be required pursuant to rule. Replacement of the beds by a party other than the licensee is subject to certificate of need review under this chapter, except as otherwise permitted by subsection (14) of this section"

             On page 11, beginning on line 7, after "operation," strike all material through "replacement" on line 8, and insert "((its beds shall be treated as existing nursing home beds for purposes of replacement)) the licensee or any other party who has secured an interest in the beds may reserve his or her interest in the beds"

             On page 11, line 10, after "home" insert ", licensee, or any other party who has secured an interest in the beds"

             On page 11, line 12, after "closure." insert "Certificate of need review shall be required for any party who has reserved the nursing home beds except that the need criteria shall be deemed met when the applicant is the licensee.

             (14) In the event that a licensee, who has provided the department with notice of his or her intent to replace nursing home beds under subsection (13)(a) of this section, engages in unprofessional conduct or becomes unable to practice with reasonable skill and safety by reason of mental or physical condition, pursuant to chapter 18.130 RCW, or dies, the building owner shall be permitted to complete the nursing home bed replacement project, provided the building owner has secured an interest in the beds."

             Representatives Skinner and Dellwo 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 Skinner, Dyer and Dellwo spoke in favor of passage of the bill.

MOTION

             On motion of Representative Appelwick, Representative Ogden was excused.

             The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1416.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed House Bill No. 1416, and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.

             Voting nay: Representative Thibaudeau - 1.

             Excused: Representatives Blanton, Fisher, G. and Ogden - 3.

             Engrossed House Bill No. 1416, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

             I would like my vote on Engrossed House Bill No. 1416 to be a YEA.

PAT THIBAUDEAU, 43rd District

             There being no objection, the House reverted to Substitute House Bill No. 1274.

             Representative Honeyford moved adoption of the following amendment by Representative Honeyford:

             On page 4, beginning on line 15, strike all of section 2 and insert the following:

             "Sec. 2. RCW 36.70A.040 and 1993 sp.s. c 6 s 1 are each amended to read as follows:

             (1) Each county that has both a population of fifty thousand or more and has had its population increase by more than ten percent in the previous ten years, and the cities located within such county, and any other county regardless of its population that has had its population increase by more than twenty percent in the previous ten years, and the cities located within such county, shall ((conform with all of the requirements of this chapter)) plan under this section. ((However, the county legislative authority of such a county with a population of less than fifty thousand population may adopt a resolution removing the county, and the cities located within the county, from the requirements of adopting comprehensive land use plans and development regulations under this chapter if this resolution is adopted and filed with the department by December 31, 1990, for counties initially meeting this set of criteria, or within sixty days of the date the office of financial management certifies that a county meets this set of criteria under subsection (5) of this section.))

             Once a county meets either of these sets of criteria, the requirement to ((conform with all of the requirements of this chapter)) plan under this section remains in effect, even if the county no longer meets one of these sets of criteria unless the county removes itself under subsection (6) of this section.

             (2) The county legislative authority of any county that does not ((meet either of the sets of criteria established)) plan under ((subsection (1) of)) this section may adopt a resolution indicating its intention ((to have subsection (1) of this section apply to)) that the county plan under this section. Each city((,)) located in a county that ((chooses to plan)) adopts a resolution under this subsection((,)) shall ((conform with all of the requirements of this chapter)) plan under this section. Once such a resolution has been adopted, the county and the cities located within the county remain subject to all of the requirements of this ((chapter)) section unless the county removes itself under subsection (6) of this section.

             (3) Any county or city that is initially required to ((conform with all of the requirements of this chapter)) plan under this section by subsection (1) of this section, and, where applicable, the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (6) of this section, shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city located within the county shall designate critical areas, agricultural lands, forest lands, and mineral resource lands, and adopt development regulations conserving these designated agricultural lands, forest lands, and mineral resource lands and protecting these designated critical areas, under RCW 36.70A.170 and 36.70A.060; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; (d) if the county has a population of fifty thousand or more, the county and each city located within the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and implement the comprehensive plan on or before July 1, 1994, and if the county has a population of less than fifty thousand, the county and each city located within the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and implement the comprehensive plan by January 1, 1995, but if the governor makes written findings that a county with a population of less than fifty thousand or a city located within such a county is not making reasonable progress toward adopting a comprehensive plan and development regulations the governor may reduce this deadline for such actions to be taken by no more than one hundred eighty days. Any county or city subject to this subsection may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department ((of community development)) of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

             (4) Any county or city that is required to ((conform with all the requirements of this chapter)) plan under this section, as a result of the county legislative authority adopting its resolution of intention under subsection (2) of this section, and, where applicable, the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (6) of this section, shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city that is located within the county shall adopt development regulations conserving agricultural lands, forest lands, and mineral resource lands it designated under RCW 36.70A.060 within one year of the date the county legislative authority adopts its resolution of intention; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county and each city that is located within the county shall adopt a comprehensive plan and development regulations that are consistent with and implement the comprehensive plan not later than four years from the date the county legislative authority adopts its resolution of intention, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department ((of community development)) of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

             (5) If the office of financial management certifies that the population of a county that ((previously had not been required to)) does not plan under ((subsection (1) or (2) of)) this section has changed sufficiently to meet either of the sets of criteria specified under subsection (1) of this section, and where applicable, the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (1) of this section, the county and each city within such county shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city located within the county shall adopt development regulations under RCW 36.70A.060 conserving agricultural lands, forest lands, and mineral resource lands it designated within one year of the certification by the office of financial management; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county and each city located within the county shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan within four years of the certification by the office of financial management, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department ((of community development)) of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

             (6) The county legislative authority of any county that is planning under this chapter may adopt a resolution removing the county, and the cities located within the county, from the requirements of this chapter. The removal shall be effective on the date the resolution is filed with the department.

             (7) A copy of each document that is required under this section shall be submitted to the department at the time of its adoption."

             Representative Honeyford, Pennington and Padden spoke in favor of the adoption of the amendment.

             Representative Reams spoke against 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 Reams spoke in favor of passage of the bill.

             Representatives Rust, Romero, Chopp and R. Fisher spoke against passage of the bill.

             Representative Reams again spoke in favor of passage of the bill.

MOTION

             On motion of Representative Appelwick, the rules were suspended, and Engrossed Substitute House Bill No. 1247 was returned to second reading for the purpose of reconsideration of an amendment.

             Representative Appelwick spoke in favor of the motion and Representative Foreman spoke against the motion.

             The Speaker is in doubt. An electronic roll call vote has been called.

ROLL CALL

             The Clerk called the roll on the motion to suspend the rules and return Engrossed Substitute House Bill No. 1274 to second reading for the purpose of reconsidering an amendment and the motion failed the House by the following vote: Yeas - 38, Nays - 58, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Ebersole, Elliot, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Patterson, Poulsen, Quall, Reams, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 38.

             Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Crouse, Delvin, Dyer, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Radcliff, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 58.

             Excused: Representatives Blanton and Ogden - 2.

             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1274.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1274, and the bill passed the House by the following vote: Yeas - 62, Nays - 33, Absent - 1, Excused - 2.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Clements, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Morris, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 62.

             Voting nay: Representatives Appelwick, Brown, Casada, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Dyer, Ebersole, Fisher, G., Fisher, R., Jacobsen, Kessler, Mason, Mitchell, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Thomas, B., Tokuda, Valle, Veloria and Wolfe - 33.

             Absent: Representative Schmidt, K. - 1.

             Excused: Representatives Blanton and Ogden - 2.

             Engrossed Substitute House Bill No. 1274, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

             I was in the wings when Engrossed Substitute House Bill No. 1274 was voted on. My vote would have been YEA.

KAREN SCHMIDT, 23rd District

             HOUSE BILL NO. 1486, by Representatives Sherstad, Padden, Van Luven, Mielke, Koster, Morris, Hickel, Hargrove, Casada and Patterson

Regulating adult entertainment.

             The bill was read the second time. Representative Padden moved to substitute House Bill No. 1486.

POINT OF ORDER

             Representative Appelwick: Thank you Mr. Speaker. I would request a ruling on the scope and object of the substitute to House Bill No. 1486.

MOTIONS

             Representative Padden moved that the House defer further consideration of House Bill No. 1486 and the bill held it's place on the second reading calendar.

             On motion of Representative Padden, House Bill No. 1515, House Bill No. 1573, House Bill No. 1615, House Bill No. 1703 and House Bill No. 1845 were referred to the Rules Committee.

             Representative Appelwick spoke in favor of the motion.

             The Speaker declared the House to be at ease.

             The Speaker called the House to order.

             There being no objection, the House considered the following bills in the following order: House Bill No. 1549, House Bill No. 1597, House Bill No. 1630 and House Bill No. 1643.

             HOUSE BILL NO. 1549, by Representatives Ballasiotes, Morris, Wolfe, Campbell, Quall, Backlund, Dyer and Blanton; by request of Sentencing Guidelines Commission

Creating a sentencing alternative for drug offenders.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1549 was substituted for House Bill No. 1549 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1549 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 Morris, Ballasiotes and Ebersole spoke in favor of passage of the bill.

             Representative Ballasiotes again spoke in favor of passage of the bill.

MOTION

             On motion of Representative Talcott, Representative Silver was excused.

             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1549.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1549, and the bill passed the House by the following vote: Yeas - 92, Nays - 5, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, 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, Hatfield, Hickel, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 92.

             Voting nay: Representatives Benton, Boldt, Hargrove, Honeyford and Lisk - 5.

             Excused: Representative Blanton - 1.

             Substitute House Bill No. 1549, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1597, by Representatives Johnson, Koster, Chandler, Boldt, Sheldon, Mastin, Basich, McMorris, Thompson, Beeksma, Kremen, Hatfield, McMahan, Hymes, Honeyford, D. Schmidt, Skinner, Clements, Buck, Stevens, Mielke and Kessler

Concerning the reduction of flood damage.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1597 was substituted for House Bill No. 1597 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1597 was read the second time.

             Representative R. Fisher moved adoption of the following amendment by Representative R. Fisher:

             On page 6, line 20, strike all of Section 5.

Renumber the remain sections consecutively and correct any internal references accordingly.

             Representative R. Fisher spoke in favor of the adoption of the amendment.

             The amendment was not adopted.

             Representative Rust moved adoption of the following amendment by Representative Rust:

             On page 9, beginning on line 16, strike all material through "season." on page 16, line 3.

Renumber the remaining sections consecutively and correct any internal references accordingly.

             Representative Rust spoke in favor of the adoption of the amendment.

             Representative Johnson spoke against the adoption of the amendment.

             The amendment was not adopted.

             Representative Regala moved adoption of the following amendment by Representative Regala:

             On page 29, beginning on line 23, strike all material through "86.26 RCW;" on line 32

Renumber the remaining subsections consecutively and correct any internal references accordingly.

             Representative Regala spoke in favor of the adoption of the amendment.

             Representative Johnson spoke against the adoption of the amendment.

             The amendment was not adopted.

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

             Representatives Johnson, Rust, Sheldon and Hymes 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. 1597.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1597, and the bill passed the House by the following vote: Yeas - 72, Nays - 25, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Costa, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 72.

             Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Jacobsen, Mason, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 25.

             Excused: Representative Blanton - 1.

             Substitute House Bill No. 1597, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1630, by Representatives Cairnes, Kremen, Ballasiotes, Cole, Conway, Cooke, Goldsmith, Quall, Cody, Elliot, Romero, Veloria and Thompson

Regulating the registration of contractors.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1630 was substituted for House Bill No. 1630 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1630 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 Cairnes, Kremen and Romero 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. 1630.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1630, and the bill passed the House by the following vote: Yeas - 93, Nays - 4, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 93.

             Voting nay: Representatives Campbell, Fuhrman, Koster and Smith - 4.

             Excused: Representative Blanton - 1.

             Substitute House Bill No. 1630, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1643, by Representatives Stevens, Cairnes, Koster, L. Thomas, Dyer, Cooke, B. Thomas, Thompson, D. Schmidt, Boldt, Lambert and Backlund

Providing procedures for creating new counties.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1643 was substituted for House Bill No. 1643 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1643 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 Stevens, Koster and Van Luven spoke in favor of passage of the bill.

             Representatives Rust, Chopp and Morris spoke against passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1643.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1643, and the bill passed the House by the following vote: Yeas - 64, Nays - 33, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 64.

             Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Hatfield, Horn, Jacobsen, Kessler, Mason, Morris, Ogden, Patterson, Pennington, Poulsen, Quall, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 33.

             Excused: Representative Blanton - 1.

             Substitute House Bill No. 1643, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1645, by Representatives K. Schmidt, R. Fisher and Mitchell

Enhancing transportation planning.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1645 was substituted for House Bill No. 1645 and the substitute bill was placed on the second reading calendar.

             Substitute House Bill No. 1645 was read the second time.

             Representative Valle moved adoption of the following amendment by Representative Valle:

             On page 14, line 36, after "terminals," insert "airports that have scheduled air services,"

POINT OF ORDER

             Representative K. Schmidt: Thank you Mr. Speaker. I would request a ruling on the scope and object of the amendment number 315 to Substitute House Bill No. 1645.

             There being no objection, the House deferred further consideration of Substitute House Bill No. 1645 and the bill held it's place on the second reading calendar.

             HOUSE BILL NO. 1647, by Representatives Goldsmith, Romero and Lisk; by request of Employment Security Department

Expanding the authority of the employment security department to share data.

             The bill 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 Goldsmith and Romero spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of House Bill No. 1647.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 1647, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 97.

             Excused: Representative Blanton - 1.

             House Bill No. 1647, having received the constitutional majority, was declared passed.

             There being no objection, the House deferred consideration of House Bill No. 1659 and the bill held it's place on the second reading calendar.

             HOUSE BILL NO. 1687, by Representatives Lambert, Costa, Padden, Appelwick, Fuhrman, Grant, Sheahan, Tokuda, Chappell, Thibaudeau, Veloria, Morris, Hickel, Huff, Patterson and Mastin

Providing for distribution of appropriations for court-appointed special advocate programs.

             The bill 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 Lambert and Costa spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of House Bill No. 1687.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 1687, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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., 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, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 96.

             Voting nay: Representative Fisher, R. - 1.

             Excused: Representative Blanton - 1.

             House Bill No. 1687, having received the constitutional majority, was declared passed.

             There being no objection, the House deferred consideration of House Bill No. 1724 and House Bill No. 1732 and the bills held their place on the second reading calendar.

             HOUSE BILL NO. 1738, by Representatives Pelesky, Cairnes, Stevens, L. Thomas, Beeksma, Silver, Thompson, Foreman, Radcliff, Fuhrman, Huff, Hargrove, Elliot, Mulliken and Goldsmith

Providing employees notice of rights regarding union security agreements.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1738 was substituted for House Bill No. 1738 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1738 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 Pelesky, Horn and L. Thomas spoke in favor of passage of the bill.

             Representatives Cody, Conway, Mason, Cole, Romero, Chappell and G. Fisher spoke against passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1738.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1738, and the bill passed the House by the following vote: Yeas - 59, Nays - 38, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 59.

             Voting nay: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Robertson, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 38.

             Excused: Representative Blanton - 1.

             Substitute House Bill No. 1738, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1770, by Representatives Mastin and Grant

Revising enforcement requirements for plumbing certificates of competency.

             The bill was read the second time.

             Representative Lisk moved adoption of the following amendment by Representative Lisk:

             On page 1, line 6, after "industries" strike "shall"

             On page 1, line 6, after "industries" insert "may"

             Representative Lisk 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 Mastin spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1770.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed House Bill No. 1770, and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, 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, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.

             Voting nay: Representatives Fuhrman, Schoesler and Sherstad - 3.

             Excused: Representative Blanton - 1.

             Engrossed House Bill No. 1770, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1774, by Representatives Chandler, Mastin, Basich and Honeyford

Altering appeal procedures for water-related actions of the department of ecology.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1774 was substituted for House Bill No. 1774 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1774 was read the second time.

             Representative Chandler moved adoption of the following amendment by Representative Chandler:

             On page 4, line 36, after "order," strike all material down to and including "RCW 34.05.425(3)" on line 38 and insert "or is an administrative law judge acting pursuant to RCW 34.05.425(3), the presiding officer or the administrative law judge shall enter a final order"

             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.

             Representatives Chandler and Mastin spoke in favor of passage of the bill.

             Representative Rust spoke against passage of the bill.

             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1774.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1774, and the bill passed the House by the following vote: Yeas - 70, Nays - 27, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 70.

             Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Jacobsen, Mason, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 27.

             Excused: Representative Blanton - 1.

             Engrossed Substitute House Bill No. 1774, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1787, by Representatives K. Schmidt, R. Fisher, Johnson, Elliot, Buck, Blanton, Robertson, D. Schmidt, Mitchell, Skinner, Tokuda, Benton, Romero, Brown, Hankins, Cairnes, Hatfield, Scott, Quall, Backlund, Ogden, McMahan, Horn, Koster, Schoesler and Mielke

Restoring certain provisions deleted in 1993.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1787 was substituted for House Bill No. 1787 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1787 was read the second time.

             Representative K. Schmidt moved adoption of the following amendment by Representative K. Schmidt:

             On page 4, after line 17, insert the following:

             "Sec. 2. RCW 43.79A.040 and 1993 sp.s. c 8 s 2 and 1993 c 500 s 5 are each reenacted and amended to read as follows:

             (1) Money in the treasurer's trust fund may be deposited, invested and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

             (2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

             (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

             (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.

             (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The American Indian scholarship endowment fund, the energy account, the game farm alternative account, and the self-insurance revolving fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

             (c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, and the local rail service assistance account.

             (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section."

             In line 2 of the title, after "43.84.092" insert "and 43.79A.040"

             Representative K. Schmidt 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 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. 1787.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1787, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 97.

             Excused: Representative Blanton - 1.

             Engrossed Substitute House Bill No. 1787, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1788, by Representatives K. Schmidt, Chandler, Mitchell and Robertson

Providing for more flexibility in the motor vehicle fund distributions to cities and counties.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1788 was substituted for House Bill No. 1788 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1788 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.

             Representative K. Schmidt spoke in favor of passage of the bill.

             Representative R. Fisher spoke against passage of the bill.

             The Speaker called on Representative Horn to preside.

             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1788.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1788, and the bill passed the House by the following vote: Yeas - 84, Nays - 12, Absent - 1, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 84.

             Voting nay: Representatives Basich, Cole, Fisher, R., Mason, Regala, Rust, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 12.

             Absent: Representative Romero - 1.

             Excused: Representative Blanton - 1.

             Substitute House Bill No. 1788, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1802, by Representatives Cooke, Lambert, Stevens, Thompson, Padden and Kessler

Changing adoption provisions.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1802 was substituted for House Bill No. 1802 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1802 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 Cooke 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 Substitute House Bill No. 1802.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1802, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 97.

             Excused: Representative Blanton - 1.

             Substitute House Bill No. 1802, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1810, by Representatives Chandler, Honeyford, Thompson and L. Thomas

Changing the scope of cleanup standards for remedial actions under the model toxics control act.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1810 was substituted for House Bill No. 1810 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1810 was read the second time.

             Representative Chandler moved adoption of the following amendment by Representative Chandler:

             On page 3, after line 35, insert the following:

             "(g) One representative of environmental restoration or remediation businesses, selected by the Washington environmental industry association;"

             Reletter the remaining subsections consecutively and correct any internal references accordingly.

             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.

             Representatives Chandler and Mastin spoke in favor of passage of the bill.

             Representative Rust spoke against 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. 1810.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1810, and the bill passed the House by the following vote: Yeas - 86, Nays - 11, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Veloria and Mr. Speaker - 86.

             Voting nay: Representatives Chopp, Cole, Ebersole, Fisher, R., Mason, Romero, Rust, Thibaudeau, Tokuda, Valle and Wolfe - 11.

             Excused: Representative Blanton - 1.

             Engrossed Substitute House Bill No. 1810, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1813, by Representatives Mulliken, Mason, Sheahan, Blanton, Carlson, Goldsmith, Jacobsen and Delvin

Exempting financial disclosures by degree-granting private vocational schools from public disclosure laws.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1813 was substituted for House Bill No. 1813 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1813 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 Mulliken and Jacobsen spoke in favor of passage of the bill.

             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1813.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1813, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 1, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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., 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, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 96.

             Absent: Representative Fisher, R. - 1.

             Excused: Representative Blanton - 1.

             Substitute House Bill No. 1813, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1837, by Representatives Chandler and Dellwo

Establishing limitations on distributions from the water quality account for the period July 1, 1995, through June 30, 2000.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1837 was substituted for House Bill No. 1837 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1837 was read the second time.

             Representative Chandler moved adoption of the following amendment by Representative Chandler:

             On page 4, line 29, after "basis." insert "The dollar amount of extended grant payments paid by the department may not exceed seventeen and one-half million dollars during any one fiscal year."

             Representative Chandler spoke in favor of the adoption of the amendment.

             The amendment was adopted.

             With the consent of the House, amendment number 279 to Substitute House Bill No. 1837 was withdrawn.

             Representative Silver moved adoption of the following amendment by Representative Silver:

             On page 5, line 7, after "terminate" strike all material through "biennium" and insert "June 30, 2010"

             Representatives Silver and Dellwo spoke in favor of the adoption of the amendment.

             The amendment was adopted.

             Representative Ogden moved adoption of the following amendment by Representative Ogden:

             On page 5, after line 7, insert the following:

"           NEW SECTION. Sec 4. RCW 70.146.080 and 1994 1st sp.s. c 6 s 902, 1993 sp.s. c 24 s 924, 1991 sp.s. c 16 s 923, & 1986 c 3 s 11 are each repealed."

Renumber the remaining sections consecutively.

             Representatives Ogden and Carlson 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 Chandler and Mastin 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. 1837.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1837, and the bill passed the House by the following vote: Yeas - 93, Nays - 4, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, G., 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, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, 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 - 93.

             Voting nay: Representatives Appelwick, Ebersole, Fisher, R. and Rust - 4.

             Excused: Representative Blanton - 1.

             Engrossed Substitute House Bill No. 1837, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1858, by Representatives Ballasiotes, Costa, Robertson, Cody, Morris, Regala, Chopp, Ogden, Mitchell, Tokuda, Appelwick, Honeyford, Radcliff, Blanton, Dickerson, Campbell, Conway, Kessler and Ebersole

Establishing the office of crime victims advocacy in the department of community, trade, and economic development.

             The bill 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 Ballasiotes, Costa and Rust spoke in favor of passage of the bill.

             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 1858.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 1858, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 97.

             Excused: Representative Blanton - 1.

             House Bill No. 1858, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1877, by Representatives McMahan, Brumsickle, Benton, Sheahan, Koster, Elliot, Pelesky, Johnson, Stevens, Casada, Silver and Thompson

Providing additional educational opportunities for students.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1877 was substituted for House Bill No. 1877 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1877 was read the second time.

             Representative Cole moved adoption of the following amendment by Representative Cole:

             On page 1, beginning on line 16, after "state" strike all material down to and including "program" on line 17 and insert "for school district students who are participating in the services authorized in subsection (1) of this section"

             On page 2, line 2, after "criteria for" insert "school district"

             On page 2, line 2, after "students" strike "enrolled" and insert "participating"

             Representatives Cole and McMahan 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 McMahan and Brumsickle spoke in favor of passage of the bill.

             Representative Mason spoke against passage of the bill.

POINT OF INQUIRY

             Representative McMahan yielded to a question by Representative Ebersole.

             Representative Ebersole: Representative McMahan, as used in this bill what does the word non sectarian mean?

             Representative McMahan: I would refer to the dictionary definition, I believe it just means it doesn't have anything to do with, it's not a religious school or anything.

             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1877.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1877, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 96.

             Voting nay: Representative Hatfield - 1.

             Excused: Representative Blanton - 1.

             Engrossed Substitute House Bill No. 1877, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1878, by Representatives McMahan, Reams, Sheahan, Koster, Benton, Mielke, Blanton, Pelesky, Johnson, Stevens, Casada, Silver and Thompson

Encouraging sales of public real property.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1878 was substituted for House Bill No. 1878 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1878 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 McMahan and Reams spoke in favor of passage of the bill.

             Representatives Rust, Cole and Sheldon spoke against passage of the bill.

             Representative McMahan again spoke in favor of passage of the bill.

MOTION

             On motion of Representative Brown, Representative Ogden was excused.

             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1878.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1878, and the bill passed the House by the following vote: Yeas - 60, Nays - 36, Absent - 0, Excused - 2.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson and Mr. Speaker - 60.

             Voting nay: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Honeyford, Jacobsen, Kessler, Mason, Mastin, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Van Luven, Veloria and Wolfe - 36.

             Excused: Representatives Blanton and Ogden - 2.

             Substitute House Bill No. 1878, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

             I intended to vote NAY on Substitute House Bill No. 1878.

BETTY SUE MORRIS, 18th District

             HOUSE BILL NO. 1890, by Representatives Padden, Morris, Campbell, Casada, Stevens, Johnson, Benton and Smith

Protecting property owners.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1890 was substituted for House Bill No. 1890 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1890 was read the second time.

             Representative Padden moved adoption of the following amendment by Representative Padden:

             Strike everything after the enacting clause and insert the following:

             "Sec. 1. RCW 64.40.010 and 1982 c 232 s 1 are each amended to read as follows:

             As used in this chapter, the terms in this section shall have the meanings indicated unless the context clearly requires otherwise.

             (1) "Agency" means the state of Washington including any state agency, any of its political subdivisions, including any city, town, or county, and any other public body exercising regulatory authority or control over the use of real property in the state.

             (2) "Permit" means any governmental approval required by law before an owner of a property interest may improve, sell, transfer, or otherwise put real property to use.

             (3) "Property interest" means any interest or right in real property in the state.

             (4) "Damages" means reasonable expenses and losses, other than speculative losses or profits, incurred between the time a cause of action arises and the time a holder of an interest in real property is granted relief as provided in RCW 64.40.020. Damages must be caused by an act, necessarily incurred, and actually suffered, realized, or expended, but are not based upon diminution in value of or damage to real property, or litigation expenses.

             (5) "Regulation" means any ordinance, resolution, ((or other)) rule ((or)), regulation, or any other law adopted pursuant to the authority provided by state law, which imposes or alters restrictions, limitations, ((or)) conditions ((on)), or in any other manner relates to the use of real property.

             (6) "Act" means a final decision by an agency which places requirements, limitations, or conditions upon the use of real property in excess of those allowed by applicable regulations in effect on the date an application for a permit is filed. "Act" also means the failure of an agency to act within time limits established by law in response to a property owner's application for a permit: PROVIDED, That there is no "act" within the meaning of this section when the owner of a property interest agrees in writing to extensions of time, or to the conditions or limitations imposed upon an application for a permit. "Act" shall not include lawful decisions of an agency which are designed to prevent a condition which would constitute a threat to the health, safety, welfare, or morals of residents in the area.

             In any action brought pursuant to this chapter, a defense is available to a political subdivision of this state that its act was mandated by a change in statute or state rule or regulation and that such a change became effective subsequent to the filing of an application for a permit.

             (7) "Legal action" means any action filed with a court enforcing this chapter and includes seeking relief in the form of damages.

             Sec. 2. RCW 64.40.020 and 1982 c 232 s 2 are each amended to read as follows:

             (1) Owners of a property interest who have filed an application for a permit have an action for damages or may bring any other legal action to obtain relief from acts of an agency which are arbitrary, capricious, unlawful, or exceed lawful authority, or relief from a failure to act within time limits established by law((: PROVIDED, That the action is unlawful or in excess of lawful authority only if the final decision of the agency was made with knowledge of its unlawfulness or that it was in excess of lawful authority, or it should reasonably have been known to have been unlawful or in excess of lawful authority)).

             (2) The prevailing party ((in)) who has commenced an action brought pursuant to this chapter may be entitled to reasonable costs, expenses of litigation, and attorney's fees.

             (3) No cause of action is created for relief from unintentional procedural or ministerial errors of an agency.

             (4) Invalidation of any regulation in effect prior to the date an application for a permit is filed with the agency shall not constitute a cause of action under this chapter.

             NEW SECTION. Sec. 3. RCW 64.40.030 and 1982 c 232 s 3 are each repealed."

             Representative Padden 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 Padden 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. 1890.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1890, and the bill passed the House by the following vote: Yeas - 79, Nays - 17, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 79.

             Voting nay: Representatives Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Mason, Regala, Romero, Rust, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 17.

             Excused: Representatives Blanton and Ogden - 2.

             Engrossed Substitute House Bill No. 1890, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1906, by Representatives Lambert and Cooke

Changing child care licensing definitions.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1906 was substituted for House Bill No. 1906 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1906 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 Lambert, Chandler and Cooke spoke in favor of passage of the bill.

             Representatives Thibaudeau, Patterson, Mitchell, Brown, Mastin and Cole spoke against passage of the bill.

POINT OF INQUIRY

             Representative Lambert yielded to a question by Representative Morris.

             Representative Morris: I've read the bill, I've listened to debate, I've heard the pluses and minuses, I've read current law, I've heard what I know of the rule on it. Can you tell me exactly who would be able to take care of a child under your legislation without a license who could not do it now without a license? And could they indeed keep as many as twelve children without a license?

             Representative Lambert: Under the current law, lets see, it says stepmother, stepfather and then it talks about people who were once related to you by marriage and then through divorce you still wanted them to be a part of your family. It also says sister-in-laws, nieces and nephews, first and second cousins. And then it talks about provisions for Indian families also it just extends the number of family members who could do this as well as friends and neighbors on a long term basis. Friends and neighbors before could only do it on a short term non reoccurring basis.

             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 1906.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1906, and the bill passed the House by the following vote: Yeas - 64, Nays - 32, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Basich, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Morris, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 64.

             Voting nay: Representatives Ballasiotes, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Horn, Jacobsen, Kessler, Kremen, Mason, Mitchell, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sheldon, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 32.

             Excused: Representatives Blanton and Ogden - 2.

             Substitute House Bill No. 1906, having received the constitutional majority, was declared passed.

             The Speaker assumed the chair.

             There being no objection, the House deferred consideration on House Bill No. 1914 and the bill held it's place on the second reading calendar.

             HOUSE BILL NO. 1917, by Representatives Pennington, Fuhrman, Thompson, Goldsmith, McMorris and Kremen

Requiring that department of natural resources contract with private entities for emergency response equipment, supplies, and services.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1917 was substituted for House Bill No. 1917 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1917 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.

             Representative Pennington 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. 1917.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1917, and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Voting nay: Representative Valle - 1.

             Excused: Representatives Blanton and Ogden - 2.

             Substitute House Bill No. 1917, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1957, by Representatives B. Thomas, Carrell, Mulliken, Campbell, Foreman, Van Luven, Benton, L. Thomas, Crouse, Backlund, Elliot, McMahan, Smith, Stevens and Schoesler

Reducing the state property tax levy.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1957 was substituted for House Bill No. 1957 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1957 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 B. Thomas, Morris, Dyer, G. Fisher, Carrell and Elliot spoke in favor of passage of the bill.

             Representative Sommers spoke against passage of the bill.

MOTION

             On motion of Representative Talcott, Representative Ballasiotes was excused.

             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1957.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1957, and the bill passed the House by the following vote: Yeas - 82, Nays - 13, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wolfe and Mr. Speaker - 82.

             Voting nay: Representatives Chopp, Cody, Cole, Dickerson, Fisher, R., Mason, Regala, Rust, Sommers, Thibaudeau, Tokuda, Valle and Veloria - 13.

             Excused: Representatives Ballasiotes, Blanton and Ogden - 3.

             Substitute House Bill No. 1957, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1968, by Representatives McMorris, Mastin, Koster, Chandler, Sheahan and R. Fisher

Adjusting requirements for regional transportation planning organizations.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1968 was substituted for House Bill No. 1968 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1968 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.

             Representative McMorris 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. 1968.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1968, and the bill passed the House by the following vote: Yeas - 93, Nays - 2, Absent - 0, Excused - 3.

             Voting yea: Representatives Appelwick, Backlund, Basich, Beeksma, Benton, 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, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 93.

             Voting nay: Representatives Hatfield and Smith - 2.

             Excused: Representatives Ballasiotes, Blanton and Ogden - 3.

             Substitute House Bill No. 1968, having received the constitutional majority, was declared passed.

MOTION FOR RECONSIDERATION

             Representative R. Fisher: Having voted on the prevailing side of Substitute House Bill No. 1200 moved that the House immediately reconsider the vote.

             A division was called. The Speaker called on the House to divide. The results of the division was: 50-YEAS, 45-NAYS. The motion was carried.

RECONSIDERATION

             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1200 on reconsideration.

             Representatives Basich and Quall spoke in favor of passage of the bill.

             Representatives Campbell, Hargrove, Cooke and Robertson spoke against passage of the bill.

             Representative Basich again spoke in favor of passage of the bill.

             Representative Hargrove again spoke against passage of the bill.

             A division was called. The Speaker called on the House to divide. The results of the division on final passage of Substitute House Bill No. 1200 on reconsideration was: 49-YEAS, 46-NAYS.

             Substitute House Bill No. 1200 on reconsideration, not having received the constitutional majority, was declared failed.

             The Speaker declared the House to be at ease.

             The Speaker called the House to order.

             HOUSE BILL NO. 2009, by Representatives Casada, Huff, Campbell, Clements, Goldsmith, Elliot, Pelesky, Backlund, Reams, Smith, Delvin, Blanton and Beeksma

Eliminating the state energy office.

             The bill was read the second time. There being no objection, Second Substitute House Bill No. 2009 was substituted for House Bill No. 2009 and the second substitute bill was placed on second reading.

             Second Substitute House Bill No. 2009 was read the second time.

             Representative Wolfe moved adoption of the following amendment by Representative Wolfe:

             On page 2, beginning on line 22, strike all of section 3

             On page 6, line 19, after "(3)" insert "All employees of the state energy office engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of transportation. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of transportation to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

             (4)"

             Renumber the remaining subsections consecutively.

             On page 11, line 33, after "(3)" insert "All employees of the state energy office engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of community, trade, and economic development. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of community, trade, and economic development to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

             (4)"

             Renumber the remaining subsections consecutively and correct internal references accordingly.

             Representative Wolfe spoke in favor of the adoption of the amendment.

             Representative Casada spoke against the adoption of the amendment.

             Representative Appelwick demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

             The Clerk called the roll on the amendment on page 2, beginning on line 22, to Second Substitute House Bill No. 2009, and the amendment was not adopted by the following vote: Yeas - 38, Nays - 58, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Basich, Brown, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Patterson, Poulsen, Quall, Regala, Robertson, Romero, Rust, Schoesler, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 38.

             Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Schmidt, D., Schmidt, K., Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 58.

             Excused: Representatives Blanton and Ogden - 2.

             Representative Casada moved adoption of the following amendment by Representative Casada:

             On page 2, line 27, after "transferred" insert "to the department"

             On page 6, line 13, after "of any" strike "personnel,"

             On page 6, after line 18, insert the following:

             "The secretary of the department of transportation has the discretion to determine the extent to which state energy office employees will be hired to perform the functions transferred to the department by chapter . . ., Laws of 1995 (this act)."

             On page 6, line 24, after "duties," strike "functions, and personnel" and insert "and functions"

             Representative Casada spoke in favor of the adoption of the amendment.

             The amendment was adopted.

MOTION

             On motion of Representative Grant, Representative Brown was excused.

             Representative Casada moved adoption of the following amendment by Representative Casada:

             On page 2, after line 27, insert the following:

             "The director shall direct the closure of the financial records of the state energy office."

             On page 6, beginning on line 11, after "(c)" strike all material through "office." on line 12

             Representative Casada spoke in favor of the adoption of the amendment.

             The amendment was adopted.

             Representative Foreman moved adoption of the following amendment by Representative Foreman:

             On page 22, line 24, after "limited to," insert "hydroelectric power,"

             Representative Foreman spoke in favor of the adoption of the amendment.

             The amendment was adopted.

             Representative B. Thomas moved adoption of the following amendment by Representative B. Thomas:

             On page 24, beginning on line 3, after "independently" strike all material through "law,))" on line 5, and insert ", nd any other state agency acting through the department of general administration or as otherwise authorized by law,"

             Representative B. 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 Casada and Huff spoke in favor of passage of the bill.

             Representatives Patterson, Kessler and Kremen spoke against passage of the bill.

             Representative Casada again spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2009.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2009, and the bill passed the House by the following vote: Yeas - 59, Nays - 36, Absent - 0, Excused - 3.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Boldt, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 59.

             Voting nay: Representatives Appelwick, Basich, Brumsickle, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Morris, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 36.

             Excused: Representatives Blanton, Brown and Ogden - 3.

             Engrossed Second Substitute House Bill No. 2009, having received the constitutional majority, was declared passed.

             With the consent of the House, the House resumed consideration to Substitute House Bill No. 1200.

             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1200.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1200, and the bill passed the House by the following vote: Yeas - 53, Nays - 42, Absent - 0, Excused - 3.

             Voting yea: Representatives Ballasiotes, Basich, Benton, Boldt, Brumsickle, Carlson, Casada, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Dickerson, Ebersole, Elliot, Fisher, G., Fisher, R., Grant, Hatfield, Honeyford, Horn, Jacobsen, Kessler, Kremen, Mason, Mastin, Mielke, Morris, Padden, Patterson, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Schmidt, D., Scott, Sehlin, Sheahan, Sheldon, Silver, Sommers, Thibaudeau, Thompson, Tokuda, Valle, Veloria and Wolfe - 53.

             Voting nay: Representatives Appelwick, Backlund, Beeksma, Buck, Cairnes, Campbell, Carrell, Chandler, Clements, Delvin, Dyer, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Robertson, Rust, Schmidt, K., Schoesler, Sherstad, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Van Luven and Mr. Speaker - 42.

             Excused: Representatives Blanton, Brown and Ogden - 3.

             Substitute House Bill No. 1200, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 2057, by Representatives Appelwick and Foreman

Changing judicial retirement eligibility.

             The bill was read the second time.

             Representative Appelwick moved adoption of the following amendment by Representative Appelwick:

             On page 2, line 2, after "judge" insert "or federal magistrate"

             Representative Appelwick 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 Appelwick spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2057.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed House Bill No. 2057, and the bill passed the House by the following vote: Yeas - 82, Nays - 14, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Cole, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Scott, Sehlin, Sheahan, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Veloria and Mr. Speaker - 82.

             Voting nay: Representatives Chopp, Conway, Fisher, R., Goldsmith, Koster, Mason, Regala, Romero, Rust, Schoesler, Sheldon, Sherstad, Van Luven and Wolfe - 14.

             Excused: Representatives Blanton and Ogden - 2.

             Engrossed House Bill No. 2057, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 2063, by Representatives Honeyford, Sehlin and Chopp

Accelerating the implementation of projects currently eligible for funding under the public works assistance program.

             The bill 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 Honeyford and Chopp spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of House Bill No. 2063.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 2063, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 96.

             Excused: Representatives Blanton and Ogden - 2.

             House Bill No. 2063, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 2067, by Representatives Foreman and Mastin

Extending property tax exemptions for nonprofit arts, scientific, or historical organizations.

             The bill was read the second time. There being no objection, Substitute House Bill No. 2067 was substituted for House Bill No. 2067 and the substitute bill was placed on second reading.

             Substitute House Bill No. 2067 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.

             Representative Foreman spoke in favor of passage of the bill.

POINT OF INQUIRY

             Representative Foreman yielded to a question by Representative Ebersole.

             Representative Ebersole: Thank you Mr. Speaker. The good gentleman, can you give us an assurance that at the Wenatchee Music Theater there will not be puppet performances?

             Representative Foreman: I'm sure there will only be fine high quality musical and dramatic presentations. No puppets will probably ever darken the door of the place.

             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2067.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 2067, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 96.

             Excused: Representatives Blanton and Ogden - 2.

             Substitute House Bill No. 2067, having received the constitutional majority, was declared passed.

             There being no objection, the House deferred consideration of House Bill No. 2072, House Joint Resolution No. 4203, House Bill No. 1066 and House Bill No. 1135 and the bills held their place on the second reading calendar.

             HOUSE BILL NO. 1155, by Representatives Carrell, Morris, Boldt, Huff, Pennington, Dyer, McMorris, Hymes, B. Thomas, Pelesky, Van Luven, Cooke, Carlson, McMahan, Costa, Chandler, Basich, Johnson, Kessler, Sherstad, Campbell, Quall, Romero, Talcott, Buck, Brumsickle, Scott, Ballasiotes, Benton, Valle, Hatfield, Mason, Grant, Kremen, Chappell, Ebersole, Mielke, Sheahan, Sheldon, Wolfe, Foreman, Horn, L. Thomas, Blanton, Backlund, Hargrove, Dickerson, Crouse, Mulliken, Elliot, Cody, Regala, Mastin, Fuhrman, Mitchell, Hickel, Thompson, Ogden, Dellwo, Clements, Patterson, Schoesler, D. Schmidt, Conway, Skinner and Padden

Compensating sellers for collecting sales tax.

             The bill was read the second time.

             With the consent of the House, amendment number 84 to House Bill No. 1155 was withdrawn.

             Representative Carrell moved adoption of the following amendment by Representative Carrell:

             On page 3, after line 3, insert:

             "NEW SECTION. Sec. 2. A new section is added to chapter 82.04 RCW to read as follows:

             This chapter does not apply to amounts retained by a seller for administration under RCW 82.08.050(2)."

             Renumber sections consecutively, correct any internal references accordingly, and correct the title.

             Representative Carrell 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 Carrell, Morris and Huff spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 1155.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed House Bill No. 1155, and the bill passed the House by the following vote: Yeas - 89, Nays - 7, Absent - 0, Excused - 2.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., 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, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, 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 - 89.

             Voting nay: Representatives Appelwick, Chopp, Fisher, R., Jacobsen, Romero, Rust and Sommers - 7.

             Excused: Representatives Blanton and Ogden - 2.

             Engrossed House Bill No. 1155, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

             It was my intent to vote YEA on Engrossed House Bill No. 1155.

SANDRA ROMERO, 22nd District

             HOUSE BILL NO. 1236, by Representatives Reams, R. Fisher, Talcott, Thompson, D. Schmidt, Huff, Scott, Regala, Costa, Robertson and Conway; by request of Secretary of State

Expediting processing of absentee ballots.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1236 was substituted for House Bill No. 1236 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1236 was read the second time.

             Representative Rust moved that the House not adopt the substitute bill to House Bill No. 1236.

POINT OF ORDER

             Representative Appelwick: Thank you Mr. Speaker. I would ask for a ruling on the scope and object of the substitute bill on House Bill No. 1236.

             There being no objection, the House deferred further consideration of House Bill No. 1236.

             HOUSE BILL NO. 1326, by Representatives Mulliken, Chandler, Sheahan, Carlson, Benton, Blanton and Delvin

Requiring institutions of higher education to revise their commercial activities policies.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1326 was substituted for House Bill No. 1326 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1326 was read the second time.

             Representative Mulliken moved adoption of the following amendment by Representative Mulliken:

             Strike everything after the enacting clause and insert the following:

             "NEW SECTION. Sec. 1. A new section is added to chapter 28B.63 RCW to read as follows:

             (1) This section shall not apply to commercial activities operating in an institution of higher education before January 1, 1995.

             (2) If a dispute arises regarding a proposed commercial activity exempt or nonexempt under this chapter, the institutional governing board shall at the official written request of a local chamber of commerce or the local city council conduct a public hearing. The request shall state with reasonable particularity the issue regarding (a) the institution's commercial activity; or (b) compliance with the policy development process in RCW 28B.63.030; or (c) exemptions to the commercial activity policy development process. The request shall include a statement of economic impact on the local area. The statement shall include a brief description of the commercial activity, the volume of business anticipated, the number of businesses in the community involved in the same or a similar commercial activity and the estimated fiscal impact of the activity on the local business community. Written notice and an opportunity to be heard shall be provided to all interested parties. Pending the outcome of the hearing the institution shall not proceed with the proposed commercial activity or act on the policy that is in question.

             (3) If the dispute is not resolved after a governing board hearing held in accordance with subsection (2) of this section the governing board shall upon receipt of a petition opposing a proposed commercial activity that is signed by fifty percent of local business persons subject to taxation under chapter 82.04 RCW, direct the institution of higher education to cease the activity or refrain from engaging in a proposed activity.

             NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

             Representative Mulliken 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 Mulliken and Chandler 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. 1326.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1326, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 96.

             Excused: Representatives Blanton and Ogden - 2.

             Engrossed Substitute House Bill No. 1326, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1401, by Representatives Brumsickle, Cole, Carlson, G. Fisher, Mastin, Poulsen, Elliot, Quall, Clements, Smith, Chandler, Patterson, Costa, Mielke, Campbell, Mulliken, Honeyford, Talcott, Cooke, Thompson, L. Thomas, Mitchell, Kremen, Scott, Wolfe, Boldt, Conway and McMorris

Allowing disclosure of juvenile records to affected school districts.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1401 was substituted for House Bill No. 1401 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1401 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 Brumsickle and Cole 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. 1401.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1401, and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 95.

             Voting nay: Representative Mason - 1.

             Excused: Representatives Blanton and Ogden - 2.

             Substitute House Bill No. 1401, having received the constitutional majority, was declared passed.

             There being no objection, the House deferred consideration of House Bill No. 1413 and the bill held it's place on the second reading calendar.

             HOUSE BILL NO. 1429, by Representatives Lisk, Morris, Chandler, Chappell, L. Thomas, Thompson, Hargrove, Casada and Silver

Lessening recreational vehicle regulation.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1429 was substituted for House Bill No. 1429 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1429 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.

             Representative Lisk spoke in favor of passage of the bill.

             Representative Romero spoke against passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1429.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1429, and the bill passed the House by the following vote: Yeas - 85, Nays - 11, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cooke, Costa, Crouse, Dellwo, Delvin, Dyer, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria and Mr. Speaker - 85.

             Voting nay: Representatives Cole, Conway, Dickerson, Ebersole, Fisher, R., Jacobsen, Mason, Romero, Rust, Thibaudeau and Wolfe - 11.

             Excused: Representatives Blanton and Ogden - 2.

             Substitute House Bill No. 1429, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1436, by Representatives Dyer and B. Thomas

Supplementing emergency services resulting from the impact of tourism in small communities.

             The bill 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.

             Representative B. Thomas spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of House Bill No. 1436.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 1436, and the bill passed the House by the following vote: Yeas - 79, Nays - 17, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Costa, Crouse, Dellwo, Delvin, Dyer, Ebersole, Elliot, Fisher, G., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 79.

             Voting nay: Representatives Chopp, Cody, Cole, Conway, Dickerson, Fisher, R., Hargrove, Mason, Regala, Romero, Rust, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 17.

             Excused: Representatives Blanton and Ogden - 2.

             House Bill No. 1436, having received the constitutional majority, was declared passed.

             There being no objection, the House deferred consideration of House Bill No. 1440 and the bill held it's place on the second reading calendar.

             There being no objection, the House reverted to House Bill No. 1236.

             Representative Appelwick withdrew the scope and object on the substitute to House Bill No. 1236.

             Representative Rust moved that the House not adopt the substitute bill on House Bill No. 1236.

MOTION

             Representative Reams moved to Substitute House Bill No. 1236.

             Representatives Rust and R. Fisher spoke against the motion to substitute House Bill No. 1236.

             Representatives Campbell, Talcott, Pelesky, Reams and Carrell spoke in favor of substituting House Bill No. 1236.

             A division was called. The Speaker called the House to divide. The results of the division was: YEAS-59; NAYS-57. The motion to substitute House Bill No. 1236 was adopted.

             Substitute House Bill No. 1236 was placed on the second reading calendar.

             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

             Representative Reams 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. 1236.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1236, and the bill passed the House by the following vote: Yeas - 62, Nays - 34, Absent - 0, Excused - 2.

             Voting yea: Representatives Backlund, Ballasiotes, Benton, Boldt, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Dellwo, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 62.

             Voting nay: Representatives Appelwick, Basich, Beeksma, Brown, Brumsickle, Buck, Chappell, Chopp, Cody, Cole, Conway, Costa, Dickerson, Ebersole, Fisher, G., Fisher, R., Hatfield, Jacobsen, Kessler, Mason, Morris, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 34.

             Excused: Representatives Blanton and Ogden - 2.

             Substitute House Bill No. 1236, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1484, by Representative Pennington

Revising provisions relating to the landowner contingency forest fire suppression account.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1484 was substituted for House Bill No. 1484 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1484 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.

             Representative Pennington 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. 1484.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1484, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 96.

             Excused: Representatives Blanton and Ogden - 2.

             Substitute House Bill No. 1484, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1495, by Representatives Basich, Hatfield, Fuhrman, Sheldon, Foreman and Chappell

Expanding timber excise tax small harvester option.

             The bill 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.

             Representative Basich spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of House Bill No. 1495.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 1495, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 96.

             Excused: Representatives Blanton and Ogden - 2.

             House Bill No. 1495, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1497, by Representatives B. Thomas and Dyer

Facilitating electronic access to public records.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1497 was substituted for House Bill No. 1497 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1497 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 B. Thomas and Rust 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. 1497.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute House Bill No. 1497, and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, 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, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 95.

             Voting nay: Representative Chopp - 1.

             Excused: Representatives Blanton and Ogden - 2.

             Substitute House Bill No. 1497, 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. 1206, House Bill No. 1724, House Bill No. 1914 and House Bill No. 1791.

             HOUSE BILL NO. 1206, by Representatives Carlson, Sommers, Cooke and Dellwo

Restructuring the retirement systems.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1206 was substituted for House Bill No. 1206 and the substitute bill was placed on second reading.

             Substitute House Bill No. 1206 was read the second time.

             Representative Carlson moved adoption of the following amendment by Representative Carlson:

             Strike everything after the enacting clause and insert the following:

             "NEW SECTION. Sec. 1. The legislature recognizes that teachers, principals, and district administrators need the ability to make transitions to other public or private sector careers, and that the retirement system should not be a barrier to exercise of employee choice. The legislature also recognizes that teachers, principals, and district administrators need a secure and viable retirement benefit, not only for their own financial protection, but also that public funds are spent prudently for their intended purpose.

             It is the legislative intent to create a new public retirement system that balances flexibility with stability, provides both increased employee control of investments and responsible protection of the public's investment in employee benefits, and encourages the pursuit of public sector careers without preventing employees from transitioning into other public or private sector employment.

             Therefore, the purpose of chapter . . ., Laws of 1995 (this act) is to continue to provide teachers, principals, and district administrators with a guaranteed pension at retirement age based on years of public service with an element of inflation protection. It is further the purpose of chapter . . ., Laws of 1995 (this act) to create a parallel retirement plan where employees have options regarding the investment of their retirement contributions and have the opportunity, along with the accompanying risk, to receive a full rate of return on their investments and where employees who leave public employment prior to retirement receive a fair and reasonable value from the retirement system.

PART I

DEFINED BENEFIT--TRS III

             Sec. 101. RCW 41.32.005 and 1992 c 72 s 4 are each amended to read as follows:

             RCW 41.32.010 through 41.32.067 shall apply to members of plan I ((and)), plan II, and plan III.

             Sec. 102. RCW 41.32.010 and 1994 c 298 s 3, 1994 c 247 s 2, and 1994 c 197 s 12 are each reenacted and amended to read as follows:

             As used in this chapter, unless a different meaning is plainly required by the context:

             (1)(a) "Accumulated contributions" for plan I members, means the sum of all regular annuity contributions and, except for the purpose of withdrawal at the time of retirement, any amount paid under RCW 41.50.165(2) with regular interest thereon.

             (b) "Accumulated contributions" for plan II members, means the sum of all contributions standing to the credit of a member in the member's individual account, including any amount paid under RCW 41.50.165(2), together with the regular interest thereon.

             (2) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality tables and regulations as shall be adopted by the director and regular interest.

             (3) "Annuity" means the moneys payable per year during life by reason of accumulated contributions of a member.

             (4) "Member reserve" means the fund in which all of the accumulated contributions of members are held.

             (5)(a) "Beneficiary" for plan I members, means any person in receipt of a retirement allowance or other benefit provided by this chapter.

             (b) "Beneficiary" for plan II and plan III members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.

             (6) "Contract" means any agreement for service and compensation between a member and an employer.

             (7) "Creditable service" means membership service plus prior service for which credit is allowable. This subsection shall apply only to plan I members.

             (8) "Dependent" means receiving one-half or more of support from a member.

             (9) "Disability allowance" means monthly payments during disability. This subsection shall apply only to plan I members.

             (10)(a) "Earnable compensation" for plan I members, means:

             (i) All salaries and wages paid by an employer to an employee member of the retirement system for personal services rendered during a fiscal year. In all cases where compensation includes maintenance the employer shall fix the value of that part of the compensation not paid in money.

             (ii) "Earnable compensation" for plan I members also includes the following actual or imputed payments, which are not paid for personal services:

             (A) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have earned during a payroll period shall be considered earnable compensation and the individual shall receive the equivalent service credit.

             (B) If a leave of absence, without pay, is taken by a member for the purpose of serving as a member of the state legislature, and such member has served in the legislature five or more years, the salary which would have been received for the position from which the leave of absence was taken shall be considered as compensation earnable if the employee's contribution thereon is paid by the employee. In addition, where a member has been a member of the state legislature for five or more years, earnable compensation for the member's two highest compensated consecutive years of service shall include a sum not to exceed thirty-six hundred dollars for each of such two consecutive years, regardless of whether or not legislative service was rendered during those two years.

             (iii) For members employed less than full time under written contract with a school district, or community college district, in an instructional position, for which the member receives service credit of less than one year in all of the years used to determine the earnable compensation used for computing benefits due under RCW 41.32.497, 41.32.498, and 41.32.520, the member may elect to have earnable compensation defined as provided in RCW 41.32.345. For the purposes of this subsection, the term "instructional position" means a position in which more than seventy-five percent of the member's time is spent as a classroom instructor (including office hours), a librarian, or a counselor. Earnable compensation shall be so defined only for the purpose of the calculation of retirement benefits and only as necessary to insure that members who receive fractional service credit under RCW 41.32.270 receive benefits proportional to those received by members who have received full-time service credit.

             (iv) "Earnable compensation" does not include:

             (A) Remuneration for unused sick leave authorized under RCW 41.04.340, 28A.400.210, or 28A.310.490;

             (B) Remuneration for unused annual leave in excess of thirty days as authorized by RCW 43.01.044 and 43.01.041.

             (b) "Earnable compensation" for plan II and plan III members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay.

             "Earnable compensation" for plan II and plan III members also includes the following actual or imputed payments which, except in the case of (b)(ii)(B) of this subsection, are not paid for personal services:

             (i) Retroactive payments to an individual by an employer on reinstatement of the employee in a position or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have earned during a payroll period shall be considered earnable compensation, to the extent provided above, and the individual shall receive the equivalent service credit.

             (ii) In any year in which a member serves in the legislature the member shall have the option of having such member's earnable compensation be the greater of:

             (A) The earnable compensation the member would have received had such member not served in the legislature; or

             (B) Such member's actual earnable compensation received for teaching and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B) of this subsection shall be paid by the member for both member and employer contributions.

             (11) "Employer" means the state of Washington, the school district, or any agency of the state of Washington by which the member is paid.

             (12) "Fiscal year" means a year which begins July 1st and ends June 30th of the following year.

             (13) "Former state fund" means the state retirement fund in operation for teachers under chapter 187, Laws of 1923, as amended.

             (14) "Local fund" means any of the local retirement funds for teachers operated in any school district in accordance with the provisions of chapter 163, Laws of 1917 as amended.

             (15) "Member" means any teacher included in the membership of the retirement system. Also, any other employee of the public schools who, on July 1, 1947, had not elected to be exempt from membership and who, prior to that date, had by an authorized payroll deduction, contributed to the member reserve.

             (16) "Membership service" means service rendered subsequent to the first day of eligibility of a person to membership in the retirement system: PROVIDED, That where a member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered. The provisions of this subsection shall apply only to plan I members.

             (17) "Pension" means the moneys payable per year during life from the pension reserve.

             (18) "Pension reserve" is a fund in which shall be accumulated an actuarial reserve adequate to meet present and future pension liabilities of the system and from which all pension obligations are to be paid.

             (19) "Prior service" means service rendered prior to the first date of eligibility to membership in the retirement system for which credit is allowable. The provisions of this subsection shall apply only to plan I members.

             (20) "Prior service contributions" means contributions made by a member to secure credit for prior service. The provisions of this subsection shall apply only to plan I members.

             (21) "Public school" means any institution or activity operated by the state of Washington or any instrumentality or political subdivision thereof employing teachers, except the University of Washington and Washington State University.

             (22) "Regular contributions" means the amounts required to be deducted from the compensation of a member and credited to the member's individual account in the member reserve. This subsection shall apply only to plan I members.

             (23) "Regular interest" means such rate as the director may determine.

             (24)(a) "Retirement allowance" for plan I members, means monthly payments based on the sum of annuity and pension, or any optional benefits payable in lieu thereof.

             (b) "Retirement allowance" for plan II and plan III members, means monthly payments to a retiree or beneficiary as provided in this chapter.

             (25) "Retirement system" means the Washington state teachers' retirement system.

             (26)(a) "Service" for plan I members means the time during which a member has been employed by an employer for compensation.

             (i) If a member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered.

             (ii) As authorized by RCW 28A.400.300, up to forty-five days of sick leave may be creditable as service solely for the purpose of determining eligibility to retire under RCW 41.32.470.

             (iii) As authorized in RCW 41.32.065, service earned in an out-of-state retirement system that covers teachers in public schools may be applied solely for the purpose of determining eligibility to retire under RCW 41.32.470.

             (b) "Service" for plan II and plan III members, means periods of employment by a member for one or more employers for which earnable compensation is earned subject to the following conditions:

             (i) A member employed in an eligible position or as a substitute shall receive one service credit month for each month of September through August of the following year if he or she earns earnable compensation for eight hundred ten or more hours during that period and is employed during nine of those months, except that a member may not receive credit for any period prior to the member's employment in an eligible position except as provided in RCW 41.32.812 and 41.50.132;

             (ii) If a member is employed either in an eligible position or as a substitute teacher for nine months of the twelve month period between September through August of the following year but earns earnable compensation for less than eight hundred ten hours but for at least six hundred thirty hours, he or she will receive one-half of a service credit month for each month of the twelve month period;

             (iii) All other members in an eligible position or as a substitute teacher shall receive service credit as follows:

             (A) A service credit month is earned in those calendar months where earnable compensation is earned for ninety or more hours;

             (B) A half-service credit month is earned in those calendar months where earnable compensation is earned for at least seventy hours but less than ninety hours; and

             (C) A quarter-service credit month is earned in those calendar months where earnable compensation is earned for less than seventy hours.

             (iv) Any person who is a member of the teachers' retirement system and who is elected or appointed to a state elective position may continue to be a member of the retirement system and continue to receive a service credit month for each of the months in a state elective position by making the required member contributions.

             (v) When an individual is employed by two or more employers the individual shall only receive one month's service credit during any calendar month in which multiple service for ninety or more hours is rendered.

             (vi) As authorized by RCW 28A.400.300, up to forty-five days of sick leave may be creditable as service solely for the purpose of determining eligibility to retire under RCW 41.32.470. For purposes of plan II "forty-five days" as used in RCW 28A.400.300 is equal to two service credit months. Use of less than forty-five days of sick leave is creditable as allowed under this subsection as follows:

             (A) Less than eleven days equals one-quarter service credit month;

             (B) Eleven or more days but less than twenty-two days equals one-half service credit month;

             (C) Twenty-two days equals one service credit month;

             (D) More than twenty-two days but less than thirty-three days equals one and one-quarter service credit month;

             (E) Thirty-three or more days but less than forty-five days equals one and one-half service credit month.

             (vii) As authorized in RCW 41.32.065, service earned in an out-of-state retirement system that covers teachers in public schools may be applied solely for the purpose of determining eligibility to retire under RCW 41.32.470.

             (viii) The department shall adopt rules implementing this subsection.

             (27) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.

             (28) "Service credit month" means a full service credit month or an accumulation of partial service credit months that are equal to one.

             (29) "Teacher" means any person qualified to teach who is engaged by a public school in an instructional, administrative, or supervisory capacity. The term includes state, educational service district, and school district superintendents and their assistants and all employees certificated by the superintendent of public instruction; and in addition thereto any full time school doctor who is employed by a public school and renders service of an instructional or educational nature.

             (30) "Average final compensation" for plan II and plan III members, means the member's average earnable compensation of the highest consecutive sixty service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.32.810(2).

             (31) "Retiree" means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer while a member. A person is in receipt of a retirement allowance as defined in subsection (24) of this section or other benefit as provided by this chapter when the department mails, causes to be mailed, or otherwise transmits the retirement allowance warrant.

             (32) "Department" means the department of retirement systems created in chapter 41.50 RCW.

             (33) "Director" means the director of the department.

             (34) "State elective position" means any position held by any person elected or appointed to state-wide office or elected or appointed as a member of the legislature.

             (35) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).

             (36) "Substitute teacher" means:

             (a) A teacher who is hired by an employer to work as a temporary teacher, except for teachers who are annual contract employees of an employer and are guaranteed a minimum number of hours; or

             (b) Teachers who either (i) work in ineligible positions for more than one employer or (ii) work in an ineligible position or positions together with an eligible position.

             (37)(a) "Eligible position" for plan II members from June 7, 1990, through September 1, 1991, means a position which normally requires two or more uninterrupted months of creditable service during September through August of the following year.

             (b) "Eligible position" for plan II on and after September 1, 1991, means a position that, as defined by the employer, normally requires five or more months of at least seventy hours of earnable compensation during September through August of the following year.

             (c) For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position.

             (d) The elected position of the superintendent of public instruction is an eligible position.

             (38) "Plan I" means the teachers' retirement system, plan I providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.

             (39) "Plan II" means the teachers' retirement system, plan II providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977, and prior to the effective date of this act.

             (40) "Plan III" means the teachers' retirement system, plan III providing the benefits and funding provisions covering persons who first become members of the system on and after the effective date of this act or who transfer under section 303 of this act.

             (41) "Education association" means an association organized to carry out collective bargaining activities, the majority of whose members are employees covered by chapter 41.59 RCW or academic employees covered by chapter 28B.52 RCW.

             (42) "Index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items compiled by the bureau of labor statistics, United States department of labor.

             (((41))) (43) "Index A" means the index for the year prior to the determination of a postretirement adjustment.

             (((42))) (44) "Index B" means the index for the year prior to index A.

             (((43))) (45) "Index year" means the earliest calendar year in which the index is more than sixty percent of index A.

             (((44))) (46) "Adjustment ratio" means the value of index A divided by index B.

             Sec. 103. RCW 41.32.032 and 1992 c 212 s 17 are each amended to read as follows:

             (1) Any teacher, as defined under RCW 41.32.010, who is first employed by a public school on or after June 7, 1984, shall become a member of the retirement system ((as directed under RCW 41.32.780)) if otherwise eligible.

             (2) Any person who before June 7, 1984, has established service credit under chapter 41.40 RCW while employed in an educational staff associate position and who is employed in such a position on or after June 7, 1984 has the following options:

             (a) To remain a member of the public employees' retirement system notwithstanding the provisions of RCW 41.32.240 or 41.32.780; or

             (b) To irrevocably elect to join the retirement system under this chapter and to receive service credit for previous periods of employment in any position included under RCW 41.32.010. This service credit and corresponding employee contribution shall be computed as though the person had then been a member of the retirement system under this chapter. All employee contributions credited to a member under chapter 41.40 RCW for service now to be credited to the retirement system under this chapter shall be transferred to the system and the member shall not receive any credit nor enjoy any rights under chapter 41.40 RCW for those periods of service. The member shall pay any difference between the employee contributions made under chapter 41.40 RCW and transferred under this subsection and what would have been required under this chapter, including interest as set by the director. The member shall be given until July 1, 1989, to make the irrevocable election permitted under this section. The election shall be made by submitting written notification as required by the department requesting credit under this section and by remitting any necessary proof of service or payments within the time set by the department.

             Any person, not employed as an educational staff associate on June 7, 1984, may, before June 30 of the fifth school year after that person's return to employment as a teacher, request and establish membership and credit under this subsection.

PLAN III

             NEW SECTION. Sec. 104. (1) Sections 104 through 117 of this act shall apply only to plan III members.

             (2) Plan III shall consist of two separate elements: (a) A defined benefit portion covered under this subchapter; and (b) a defined contribution portion covered under chapter 41.-- RCW (sections 201 through 209 of this act). All contributions on behalf of the employer paid by an employee shall be made to the defined benefit portion of plan III and shall be nonrefundable when paid to the fund described in RCW 41.50.075(3).

             (3) Unless otherwise specified, all references to "plan III" in this subchapter refer to the defined benefit portion of plan III.

             NEW SECTION. Sec. 105. All teachers who become employed by an employer in an eligible position on or after the effective date of this act shall be members of plan III.

             NEW SECTION. Sec. 106. A member of the retirement system shall receive a retirement allowance equal to one percent of such member's average final compensation for each service credit year.

             NEW SECTION. Sec. 107. Retirement allowances paid under the defined benefit portion of plan III shall have a postretirement cost-of-living allowance calculated and paid as provided in RCW 41.32.770.

             NEW SECTION. Sec. 108. (1) Upon retirement for service as prescribed in section 113 of this act or retirement for disability under section 114 of this act, a member shall elect to have the retirement allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to each other.

             (a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. Upon the death of the retired member, all benefits shall cease.

             (b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to the member's estate or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and joint and fifty percent survivor option.

             (2) A member, if married, must provide the written consent of his or her spouse to the option selected under this section. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section.

             NEW SECTION. Sec. 109. Any member or beneficiary eligible to receive a retirement allowance under the provisions of section 113, 114, or 117 of this act shall be eligible to commence receiving a retirement allowance after having filed written application with the department.

             (1) Retirement allowances paid to members shall accrue from the first day of the calendar month immediately following such member's separation from employment.

             (2) Retirement allowances paid to vested members no longer in service, but qualifying for such an allowance pursuant to section 112 of this act shall accrue from the first day of the calendar month immediately following such qualification.

             (3) Disability allowances paid to disabled members shall accrue from the first day of the calendar month immediately following such member's separation from employment for disability.

             (4) Retirement allowances paid as death benefits shall accrue from the first day of the calendar month immediately following the member's death.

             NEW SECTION. Sec. 110. (1) No retiree shall be eligible to receive such retiree's monthly retirement allowance if he or she is employed in an eligible position as defined in RCW 41.40.010 or 41.32.010, or as a law enforcement officer or fire fighter as defined in RCW 41.26.030, except that a plan III retiree may work in eligible positions on a temporary basis for up to five months per calendar year.

             (2) If a retiree's benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree terminates the employment that caused the suspension of benefits. Upon reinstatement, the retiree's benefits shall be actuarially recomputed pursuant to the rules adopted by the department.

             NEW SECTION. Sec. 111. (1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit.

             (2) A member who receives compensation from an employer while on an authorized leave of absence to serve as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the compensation paid to the member during the period of absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member's leave of absence is authorized by a collective bargaining agreement that provides that the member retains seniority rights with the employer during the period of leave. The earnable compensation reported for a member who establishes service credit under this subsection may not be greater than the salary paid to the highest paid job class covered by the collective bargaining agreement.

             (3) Except as specified in subsection (4) of this section, a member shall be eligible to receive a maximum of two years service credit during a member's entire working career for those periods when a member is on an unpaid leave of absence authorized by an employer. Such credit may be obtained only if:

             (a) The member makes the contribution on behalf of the employer, plus interest, as determined by the department; and

             (b) The member makes the employee contribution, plus interest, as determined by the department, to the defined contribution portion.

The contributions required shall be based on the average of the member's earnable compensation at both the time the authorized leave of absence was granted and the time the member resumed employment.

             (4) A member who leaves the employ of an employer to enter the armed forces of the United States shall be entitled to retirement system service credit for up to four years of military service if within ninety days of the member's honorable discharge from the United States armed forces, the member applies for reemployment with the employer who employed the member immediately prior to the member entering the United States armed forces.

             The department shall bill the employer for its contribution required under this act for the period of military service, plus interest as determined by the department. Service credit under this subsection may be obtained only if the member makes the employee contribution plus interest to the defined contribution portion as determined by the department.

             The contributions required shall be based on the average of the member's earnable compensation at both the time the member left the employ of the employer to enter the armed forces and the time the member resumed employment.

             NEW SECTION. Sec. 112. (1) The director may pay a member eligible to receive a retirement allowance or the member's beneficiary a lump sum payment in lieu of a monthly benefit if the initial monthly benefit would be less than one hundred dollars. The one hundred dollar limit shall be increased by three percent compounded annually on January 1. The lump sum payment shall be the actuarial equivalent of the monthly benefit.

             (2) Persons covered under the provisions of subsection (1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director, within two years of returning to service or prior to retiring again, whichever comes first. In computing the amount due, the director shall exclude the accumulated value of the normal payments the member would have received while in beneficiary status if the lump sum payment had not occurred.

             (3) Any member who receives a settlement under this section shall be deemed to be retired from this system.

             NEW SECTION. Sec. 113. (1) NORMAL RETIREMENT. Any member who has vested and attained at least age sixty-five shall be eligible to retire and to receive a retirement allowance computed according to the provisions of section 106 of this act.

             (2) EARLY RETIREMENT. Any member who has attained at least age fifty-five and has completed at least ten years of service shall be eligible to retire and to receive a retirement allowance computed according to the provisions of section 106 of this act, except that a member retiring pursuant to this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years between age at retirement and the attainment of age sixty-five.

             NEW SECTION. Sec. 114. (1) A member of the retirement system who becomes totally incapacitated for continued employment by an employer as determined by the department shall be eligible to receive an allowance under the provisions of plan III. The member shall receive a monthly disability allowance computed as provided for in section 106 of this act and shall have this allowance actuarially reduced to reflect the difference in the number of years between age at disability and the attainment of age sixty-five.

             Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these medical examinations reveal that a member has recovered from the incapacitating disability and the member is offered reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.

             (2) If the recipient of a monthly retirement allowance under this section dies, any further benefit payments shall be conditioned by the payment option selected by the retiree as provided in section 108 of this act.

             NEW SECTION. Sec. 115. (1) An active member shall become vested in the right to a benefit upon completing ten years of service or upon completing five years of service and attaining age fifty-five.

             (2) A vested member who separates or has separated may remain a member during the period of such member's absence from service for the exclusive purpose only of receiving a retirement allowance under the provisions of section 113 of this act.

             (3) The retirement allowance payable under section 113 of this act to a member who separates after having completed at least twenty years of service shall be increased by twenty-five one-hundredths of one percent, compounded for each month from the date of separation to the date that the retirement allowance commences.

             NEW SECTION. Sec. 116. A nonvested member who leaves service and then reenters membership must earn an additional twelve service credit months to restore past service credit in the defined benefit portion of plan III.

             NEW SECTION. Sec. 117. If a member who is vested dies prior to retirement, the surviving spouse or eligible child or children shall receive a retirement allowance computed as provided in section 108 of this act actuarially reduced to reflect a joint and one hundred percent survivor option and if the member was not eligible for normal retirement at the date of death a further reduction as described in section 113(2) of this act.

             If the surviving spouse who is receiving the retirement allowance dies leaving a child or children under the age of majority, then such child or children shall continue to receive an allowance in an amount equal to that which was being received by the surviving spouse, share and share alike, until such child or children reach the age of majority.

             If there is no surviving spouse eligible to receive an allowance at the time of the member's death, such member's child or children under the age of majority shall receive an allowance, share and share alike. The allowance shall be calculated with the assumption that the age of the spouse and member were equal at the time of the member's death.

             NEW SECTION. Sec. 118. Sections 104 through 117 of this act are designated as a subchapter within chapter 41.32 RCW with the subchapter heading "Provisions Applicable to Plan III."

PART II

DEFINED CONTRIBUTION PORTION OF PLAN III

             NEW SECTION. Sec. 201. The purpose of chapter . . ., Laws of 1995 (this act) is to:

             (1) Provide a fair and reasonable value from the retirement system for those who leave public employment before retirement;

             (2) Increase flexibility for such employees to make transitions into other public or private sector employment;

             (3) Increase employee options for addressing retirement needs, personal financial planning, and career transitions; and

             (4) Continue the legislature's established policy of having employees contribute toward their retirement benefits.

             NEW SECTION. Sec. 202. As used in this chapter, the following terms have the meanings indicated:

             (1) "Actuary" means the state actuary or the office of the state actuary.

             (2) "Board" means the employee retirement benefits board authorized in chapter 41.50 RCW.

             (3) "Department" means the department of retirement systems.

             (4) "Compensation" for purposes of this chapter is the same as "earnable compensation" for plan III in chapter 41.32 RCW.

             (5) "Member" means any employee included in the membership of a retirement system as provided for plan III in chapter 41.32 RCW.

             (6) "Member account" means the sum of the contributions and earnings on behalf of the member.

             (7) "Retiree" means any member in receipt of an allowance or other benefit provided by this chapter resulting from service rendered to an employer by such member.

             NEW SECTION. Sec. 203. (1) This chapter applies only to members of plan III retirement systems created under chapters 41.32 and 41.40 RCW.

             (2) Plan III consists of two separate elements: (a) A defined benefit portion covered under sections 101 through 117, chapter . . ., Laws of 1995 (sections 101 through 117 of this act); and (b) a defined contribution portion covered under this chapter. Unless specified otherwise, all references to "plan III" in this chapter refer to the defined contribution portion of plan III.

             NEW SECTION. Sec. 204. (1) A member shall contribute from his or her compensation according to one of the following rate structures:

             Option A                                                               Contribution Rate

             All Ages                                                                             5.0% fixed

             Option B

             Up to Age 35                                                                      5.0%

             Age 35 to 44                                                                       6.0%

             Age 45 and above                                                              7.5%

             Option C

             Up to Age 35                                                                      6.0%

             Age 35 to 44                                                                       7.5%

             Age 45 and above                                                              8.5%

             (2) The board shall have the right to offer contribution rate options in addition to those listed in subsection (1) of this section, provided that no significant additional administrative costs are created. All options offered by the board shall conform to the requirements stated in subsections (3) and (4) of this section.

             (3) Within ninety days of the date that an employee becomes a member of plan III, he or she has an irrevocable option to choose one of the above contribution rate structures. If the member does not select an option within this ninety-day period, he or she shall be assigned option A. Such assignment shall be irrevocable.

             (4) Contributions shall begin the first day of the month immediately following the earlier of the selection of an option or the end of the ninety-day period.

             NEW SECTION. Sec. 205. The legislature may authorize a contribution to the members' accounts for a biennium through budget appropriation.

             NEW SECTION. Sec. 206. The member's account shall be invested by the state investment board unless the member elects to self direct investments as authorized by the board. Members who make this election shall pay the expenses for self-directed investment.

             NEW SECTION. Sec. 207. (1) If the member retires, becomes disabled, or otherwise terminates employment, the balance in the member's account may be distributed in accordance with an option selected by the member either as a lump sum or pursuant to other options authorized by the board.

             (2) If the member dies while in service, the balance of the member's account may be distributed in accordance with an option selected by the member either as a lump sum or pursuant to other options authorized by the board. The distribution shall be made to such person or persons as the member shall have nominated by written designation duly executed and filed with the department. If there be no such designated person or persons still living at the time of the member's death, the balance of the member's account in the retirement system, less any amount identified as owing to an obligee upon withdrawal of such account balance pursuant to a court order filed under RCW 41.50.670, shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there is no surviving spouse, then to such person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department.

             (3) The distribution under subsections (1) or (2) of this section shall be less any amount identified as owing to an obligee upon withdrawal pursuant to a court order filed under RCW 41.50.670.

             NEW SECTION. Sec. 208. (1) Subject to subsections (2) and (3) of this section, the right of a person to a pension, an annuity, a retirement allowance, any optional benefit, any other right accrued or accruing to any person under the provisions of this chapter, and the various funds created by chapter . . ., Laws of 1995 (this act) and all moneys and investments and income thereof, is hereby exempt from any state, county, municipal, or other local tax, and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other process of law whatsoever, and shall be unassignable.

             (2) This section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of premiums due on any group insurance policy or plan issued for the benefit of a group comprised of public employees of the state of Washington or its political subdivisions and that has been approved for deduction in accordance with rules that may be adopted by the state health care authority and/or the department. This section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of dues and other membership fees to any retirement association or organization the membership of which is composed of retired public employees, if a total of three hundred or more of such retired employees have authorized such deduction for payment to the same retirement association or organization.

             (3) Subsection (1) of this section shall not prohibit the department from complying with (a) a wage assignment order for child support issued pursuant to chapter 26.18 RCW, (b) an order to withhold and deliver issued pursuant to chapter 74.20A RCW, (c) a notice of payroll deduction issued pursuant to RCW 26.23.060, (d) a mandatory benefits assignment order issued by the department, (e) a court order directing the department to pay benefits directly to an obligee under a dissolution order as defined in RCW 41.50.500(3) which fully complies with RCW 41.50.670 and 41.50.700, or (f) any administrative or court order expressly authorized by federal law.

             NEW SECTION. Sec. 209. (1) The retirement plan created by this chapter shall be administered so as to comply with the federal Internal Revenue Code, Title 26 U.S.C., and specifically with plan qualification requirements imposed on governmental plans by section 401(a) of the Internal Revenue Code.

             (2) Any section or provision of this chapter which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to satisfy requirements imposed by section 401(a) of the Internal Revenue Code.

             (3) If any section or provision of this chapter is found to be in conflict with the plan qualification requirements for governmental plans in section 401(a) of the Internal Revenue Code, the conflicting part of this chapter is hereby inoperative solely to the extent of the conflict, and such finding shall not affect the operation of the remainder of this chapter.

             NEW SECTION. Sec. 210. Sections 201 through 209 of this act shall constitute a new chapter in Title 41 RCW.

PART III

MISCELLANEOUS

             NEW SECTION. Sec. 301. A new section is added to chapter 41.50 RCW to read as follows:

             (1) The employee retirement benefits board is created within the department of retirement systems.

             (2) The board shall be composed of eight members appointed by the governor and one ex officio member as follows:

             (a) Three members representing the public employees' retirement system: One retired, two active. The members shall be appointed from a list of nominations submitted by organizations representing each category. The initial term of appointment shall be two years for the retired member, one year for one active member, and three years for the remaining active member.

             (b) Three members representing the teachers' retirement system: One retired, two active. The members shall be appointed from a list of nominations submitted by organizations representing each category. The initial term of appointment shall be one year for the retired member, two years for one active member, and three years for the remaining active member.

             (c) Two members with experience in defined contribution plan administration. The initial term for these members shall be two years for one member and three years for the remaining member.

             (d) The director of the department shall serve ex officio and shall be the chair of the board.

             (3) After the initial appointments, members shall be appointed to three-year terms.

             (4) The board shall meet at least quarterly during the calendar year, at the call of the chair.

             (5) Members of the board shall serve without compensation but shall receive travel expenses as provided for in RCW 43.03.050 and 43.03.060. Such travel expenses shall be reimbursed by the department from the retirement system expense fund.

             (6) The board shall adopt rules governing its procedures and conduct of business.

             (7) The actuary shall perform all actuarial services for the board and provide advice and support.

             (8) The state investment board shall provide advice and support to the board.

             NEW SECTION. Sec. 302. A new section is added to chapter 41.50 RCW to read as follows:

             The board shall adopt rules as necessary and exercise all the powers and perform all duties prescribed by law with respect to:

             (1) The preselection of options for members to choose from for self-directed investment deemed by the board to be in the best interest of the member. At the board's request, the state investment board may provide investment options for purposes of this subsection;

             (2) The selection of optional benefit payment schedules available to members and survivors of members upon the death, disability, retirement, or termination of the member. The optional benefit payments may include but not be limited to: Fixed and participating annuities, joint and survivor annuities, and payments that bridge to social security or defined benefit plan payments;

             (3) Approval of actuarially equivalent annuities that may be purchased from the combined plan II and plan III funds under RCW 41.50.075 (2) or (3);

             (4) Determination of the basis for administrative charges to the self-directed investment fund to offset self-directed account expenses; and

             (5) Selection of investment options for the deferred compensation program.

             NEW SECTION. Sec. 303. A new section is added to chapter 41.32 RCW under the subchapter heading "Plan II" to read as follows:

             (1) Every plan II member employed by an employer in an eligible position may make an irrevocable option to transfer to plan III. For those who elect to transfer:

             (a) All service credit in plan II shall be transferred to the defined benefit portion of plan III.

             (b) The accumulated contributions in plan II shall be transferred to the member's account in the defined contribution portion established in sections 201 through 209 of this act, pursuant to procedures developed by the department and subject to section 209 of this act.

             (c) A member vested on the effective date of this act under plan II shall be automatically vested in plan III upon transfer.

             (d) Members employed by an employer in an eligible position on January 1, 1998, who request to transfer to plan III by January 1, 1998, shall have their account in the defined contribution portion of plan III, other than those accumulated contributions attributable to restorations made under RCW 41.50.165(2), increased by twenty percent of their plan II accumulated contributions as of January 1, 1996. If the member who requests to transfer dies before January 1, 1998, the additional payment provided by this subsection shall be paid to the member's estate, or such person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department.

             (e) The legislature reserves the right to discontinue the right to transfer under this section.

             (2) This subsection shall also apply to dual members as provided in section 319 of this act.

             (3) Any member who elects to transfer to plan III and has eligible unrestored withdrawn contributions in plan II, may subsequently restore such contributions under the provisions of RCW 41.32.825. The restored plan II service credit will be automatically transferred to plan III. Contributions restored will be transferred to the member's account in plan III.

             (4) Anyone previously retired from plan II is prohibited from transferring to plan III.

             Sec. 304. RCW 41.45.010 and 1989 c 273 s 1 are each amended to read as follows:

             It is the intent of the legislature to provide a dependable and systematic process for funding the benefits provided to members and retirees of the public employees' retirement system, chapter 41.40 RCW; the teachers' retirement system, chapter 41.32 RCW; the law enforcement officers' and fire fighters' retirement system, chapter 41.26 RCW; and the Washington state patrol retirement system, chapter 43.43 RCW.

             The funding process established by this chapter is intended to achieve the following goals:

             (1) To continue to fully fund the public employees' retirement system plan II, the teachers' retirement system plans II and III, and the law enforcement officers' and fire fighters' retirement system plan II as provided by law;

             (2) To fully amortize the total costs of the public employees' retirement system plan I, the teachers' retirement system plan I, and the law enforcement officers' and fire fighters' retirement system plan I not later than June 30, 2024;

             (3) To establish predictable long-term employer contribution rates which will remain a relatively constant proportion of the future state budgets; and

             (4) To fund, to the extent feasible, benefit increases for plan I members and all benefits for plan II and III members over the working lives of those members so that the cost of those benefits are paid by the taxpayers who receive the benefit of those members' service.

             Sec. 305. RCW 41.45.020 and 1989 c 273 s 2 are each amended to read as follows:

             As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

             (1) "Council" means the economic and revenue forecast council created in RCW ((82.01.130)) 82.33.010.

             (2) "Department" means the department of retirement systems.

             (3) "Law enforcement officers' and fire fighters' retirement system plan I," and "law enforcement officers' and fire fighters' retirement system plan II" mean((s)) the benefits and funding provisions ((covering persons who first became members of the law enforcement officers' and fire fighters' retirement system prior to October 1, 1977.

             (4) "Law enforcement officers' and fire fighters' retirement system plan II" means the benefits and funding provisions covering persons who first became members of the law enforcement officers' and fire fighters' retirement system on or after October 1, 1977)) under chapter 41.26 RCW.

             (((5))) (4) "Public employees' retirement system plan I" means the benefits and funding provisions covering persons who first became members of the public employees' retirement system prior to October 1, 1977.

             (((6))) (5) "Public employees' retirement system plan II" means the benefits and funding provisions covering persons who first became members of the public employees' retirement system on or after October 1, 1977.

             (((7))) (6) "Teachers' retirement system plan I," "teachers' retirement system plan II," and "teachers' retirement system plan III" mean((s)) the benefits and funding provisions ((covering persons who first became members of the teachers' retirement system prior to October 1, 1977.

             (8) "Teachers' retirement system plan II" means the benefits and funding provisions covering persons who first became members of the teachers' retirement system on or after October 1, 1977)) under chapter 41.32 RCW.

             (((9))) (7) "Washington state patrol retirement system" means the retirement benefits provided under chapter 43.43 RCW.

             (8) "Unfunded liability" means the unfunded actuarial accrued liability of a retirement system.

             (((10))) (9) "Actuary" or "state actuary" means the state actuary employed under chapter 44.44 RCW.

             (((11))) (10) "State retirement systems" means the retirement systems listed in RCW 41.50.030.

             Sec. 306. RCW 41.45.030 and 1993 c 519 s 17 are each amended to read as follows:

             (1) Beginning September 1, 1989, and every six years thereafter, the state actuary shall submit to the council information regarding the experience and financial condition of each state retirement system. The council shall review this and such other information as it may require.

             (2) ((The council shall review the information submitted by the state actuary and)) By December 31, 1995, and every six years thereafter, the council, by affirmative vote of five members, shall adopt the following long-term economic assumptions:

             (a) Growth in system membership;

             (b) Growth in salaries, exclusive of merit or longevity increases;

             (c) Growth in inflation; and

             (d) Investment rate of return.

             (3) The assumptions adopted by the council shall be used by the state actuary in conducting valuation studies of the state retirement systems.

             (((3) The council may utilize information provided by the state actuary and such other information as it may request.))

             Sec. 307. RCW 41.45.050 and 1989 c 273 s 5 are each amended to read as follows:

             (1) ((Beginning September 1, 1990,)) Employers of members of the public employees' retirement system, the teachers' retirement system, and the Washington state patrol retirement system shall make contributions to those systems based on the rates established in RCW 41.45.060 and 41.45.070.

             (2) ((Beginning September 1, 1990,)) The state shall make contributions to the law enforcement officers' and fire fighters' retirement system based on the rates established in RCW ((41.45.060)) 41.45.030 and 41.45.070. The state treasurer shall transfer the required contributions each month on the basis of salary data provided by the department.

             (3) ((Beginning September 1, 1990,)) The department shall bill employers, and the state shall make contributions to the law enforcement officers' and fire fighters' retirement system, using the combined rates established in RCW ((41.45.060)) 41.45.030 and 41.45.070 regardless of the level of pension funding provided in the biennial budget. Any member of an affected retirement system may, by mandamus or other appropriate proceeding, require the transfer and payment of funds as directed in this section.

             (4) The contributions received for the public employees' retirement system shall be allocated between the public employees' retirement system plan I fund and public employees' retirement system plan II fund as follows: The contributions necessary to fully fund the public employees' retirement system plan II employer contribution required by RCW 41.40.650 shall first be deposited in the public employees' retirement system plan II fund. All remaining public employees' retirement system employer contributions shall be deposited in the public employees' retirement system plan I fund.

             (5) The plans II and III employer contributions for the teachers' retirement system((, and the state contributions for the law enforcement officers' and fire fighters' retirement system)) shall be combined and allocated in the same manner as ((the public employees' retirement system and in accordance with the law enforcement officers' and fire fighters' retirement system plan II and the teachers' retirement system plan II contribution rates required by RCW 41.26.450 and 41.32.775 respectively)) subsection (4) of this section.

             (6) The contributions received under RCW 41.26.450 for the law enforcement officers' and fire fighters' retirement system shall be allocated between the law enforcement officers' and fire fighters' retirement system plan I and the law enforcement officers' and fire fighters' retirement system plan II fund as follows: The contributions necessary to fully fund the law enforcement officers' and fire fighters' retirement system plan II employer contributions shall be first deposited in the law enforcement officers' and fire fighters' retirement system plan II fund. All remaining law enforcement officers' and fire fighters' retirement system employer contributions shall be deposited in the law enforcement officers' and fire fighters' retirement system plan I fund.

             Sec. 308. RCW 41.45.060 and 1993 c 519 s 19 are each amended to read as follows:

             (1) ((For the period of September 1, 1993, through August 31, 1995, the basic state contribution rate for the law enforcement officers' and fire fighters' retirement system, and the basic employer contribution rates for the public employees' retirement system, the teachers' retirement system, and the Washington state patrol retirement system shall be as determined in the 1991 valuations prepared by the office of the state actuary.)) The state actuary shall provide actuarial valuation results based on the assumptions adopted under RCW 41.45.030.

             (2) Not later than September 30, 1994, and every two years thereafter((:

             (a))), consistent with the assumptions adopted under RCW 41.45.030, the council shall adopt ((the contributions to be used in the ensuing biennial period for the systems specified in subsection (1) of this section.

             (b))) both: (a) A basic state contribution rate for the law enforcement officers' and fire fighters' retirement system; and (b) basic employer contribution rates for the public employees' retirement system and the teachers' retirement system to be used in the ensuing biennial period.

             (3) The employer and state contribution rates adopted by the council shall be the level percentages of pay that are needed:

             (a) To fully amortize the total costs of the public employees' retirement system plan I, the teachers' retirement system plan I, the law enforcement officers' and fire fighters' retirement system plan I, and the unfunded liability of the Washington state patrol retirement system not later than June 30, 2024; and

             (b) To also continue to fully fund the public employees' retirement system plan II, the teachers' retirement system plans II and III, and the law enforcement officers' and fire fighters' retirement system plan II in accordance with this section.

             (4) The aggregate actuarial cost method shall be used to calculate a combined plan II and III employer contribution rate.

             (5) The council shall immediately notify the directors of the office of financial management and department of retirement systems of the state and employer contribution rates adopted ((under (a) of this subsection)).

             (((c))) (6) The director of the department of retirement systems shall collect those rates adopted by the council ((under this chapter)).

             Sec. 309. RCW 41.45.070 and 1990 c 18 s 2 are each amended to read as follows:

             (1) ((Beginning September 1, 1991,)) In addition to the basic employer contribution rate established in RCW ((41.45.060)) 41.45.030, the department shall also charge employers of public employees' retirement system, teachers' retirement system, or Washington state patrol retirement system members an additional supplemental rate to pay for the cost of additional benefits, if any, granted to members of those systems ((after January 1, 1990)). The supplemental contribution rates required by this section shall be calculated by the state actuary and shall be charged regardless of language to the contrary contained in the statute which authorizes additional benefits.

             (2) ((Beginning September 1, 1991,)) In addition to the basic state contribution rate established in RCW ((41.45.060)) 41.45.030 for the law enforcement officers' and fire fighters' retirement system the department shall also establish a supplemental rate to pay for the cost of additional benefits, if any, granted to members of the law enforcement officers' and fire fighters' retirement system ((after January 1, 1990)). This supplemental rate shall be calculated by the state actuary and the state treasurer shall transfer the additional required contributions regardless of language to the contrary contained in the statute which authorizes the additional benefits.

             (3) The supplemental rate charged under this section to fund benefit increases provided to active members of the public employees' retirement system plan I, the teachers' retirement system plan I, the law enforcement officers' and fire fighters' retirement system plan I, and Washington state patrol retirement system, shall be calculated as the level percentage of all members' pay needed to fund the cost of the benefit not later than June 30, 2024.

             (4) The supplemental rate charged under this section to fund benefit increases provided to active and retired members of the public employees' retirement system plan II, the teachers' retirement system plan II and plan III, or the law enforcement officers' and fire fighters' retirement system plan II, shall be calculated as the level percentage of all members' pay needed to fund the cost of the benefit, as calculated under RCW 41.40.650, 41.32.775, or 41.26.450, respectively.

             (5) The supplemental rate charged under this section to fund postretirement adjustments which are provided on a nonautomatic basis to current retirees shall be calculated as the percentage of pay needed to fund the adjustments as they are paid to the retirees. The supplemental rate charged under this section to fund automatic postretirement adjustments for active or retired members of the public employees' retirement system plan I and the teachers' retirement system plan I shall be calculated as the level percentage of pay needed to fund the cost of the automatic adjustments not later than June 30, 2024.

             NEW SECTION. Sec. 310. A new section is added to chapter 41.45 RCW to read as follows:

             (1) The required contribution rates for members of the plan II public employees' retirement system and teachers' retirement system shall be fixed at the rates in effect on the effective date of this act, subject to the following:

             (a) Beginning September 1, 1998, except as provided in (b) of this subsection, the employee contribution rate shall not exceed the employer plan II and III rates adopted under RCW 41.45.030 and 41.45.070 for the public employees' retirement system and teachers' retirement system and shall not exceed the sum of the employer and state rate in plan II of the law enforcement officers' and fire fighters' retirement system;

             (b) In addition, the employee contribution rate for plan II shall be increased by fifty percent of the contribution rate increase caused by any plan II benefit increase passed after the effective date of this act.

             (2) The required plan II and III contribution rates for employers shall be adopted in the manner described in RCW 41.45.030.

             (3) The state shall pay twenty percent of the employer plan II cost of the law enforcement officers' and fire fighters' retirement system, except for port districts established under Title 53 RCW, institutions of higher education as defined in RCW 28B.10.016 and the Washington state patrol.

             (4) The employer and employee contributions collected under this section for the law enforcement officers' and fire fighters' retirement system plan II shall be deposited in the law enforcement officers' and fire fighters' retirement system plan II fund.

             (5) The employer and employee contributions collected under this section for the public employees' retirement system plan II and teachers' retirement system plans II and III shall be deposited in their respective plan II and III funds.

             Sec. 311. RCW 41.50.075 and 1991 c 35 s 108 are each amended to read as follows:

             (1) Two funds are hereby created and established in the state treasury to be known as the Washington law enforcement officers' and fire fighters' system plan I retirement fund, and the Washington law enforcement officers' and fire fighters' system plan II retirement fund which shall consist of all moneys paid into them in accordance with the provisions of this chapter and chapter 41.26 RCW, whether such moneys take the form of cash, securities, or other assets. The plan I fund shall consist of all moneys paid to finance the benefits provided to members of the law enforcement officers' and fire fighters' retirement system plan I, and the plan II fund shall consist of all moneys paid to finance the benefits provided to members of the law enforcement officers' and fire fighters' retirement system plan II.

             (2) All of the assets of the Washington state teachers' retirement system shall be credited according to the purposes for which they are held, to two funds to be maintained in the state treasury, namely, the teachers' retirement system plan I fund and the teachers' retirement system combined plan II and III fund. The plan I fund shall consist of all moneys paid to finance the benefits provided to members of the Washington state teachers' retirement system plan I, and the combined plan II and III fund shall consist of all moneys paid to finance the benefits provided to members of the Washington state teachers' retirement system plan II and III.

             (3) There is hereby established in the state treasury two separate funds, namely the public employees' retirement system plan I fund and the public employees' (([retirement system])) retirement system plan II fund. The plan I fund shall consist of all moneys paid to finance the benefits provided to members of the public employees' retirement system plan I, and the plan II fund shall consist of all moneys paid to finance the benefits provided to members of the public employees' retirement system plan II.

             (4) There is hereby established in the state treasury the plan III defined contribution fund which shall consist of all contributions and earnings paid on behalf of members, except as otherwise provided.

             Sec. 312. RCW 41.50.110 and 1990 c 8 s 3 are each amended to read as follows:

             (1) Notwithstanding any provision of law to the contrary, the retirement system expense fund is hereby redesignated as the department of retirement systems expense fund from which shall be paid the expenses of the administration of the department and the expenses of administration of the retirement systems created in chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.-- (sections 201 through 209 of this act), and 43.43 RCW.

             (2) In order to reimburse the department of retirement systems expense fund on an equitable basis the department shall ascertain and report to each employer, as defined in RCW 41.26.030, 41.32.010, or 41.40.010, the sum necessary to defray its proportional share of the entire expense of the administration of the retirement system that the employer participates in during the ensuing biennium or fiscal year whichever may be required. Such sum is to be computed in an amount directly proportional to the estimated entire expense of the administration as the ratio of monthly salaries of the employer's members bears to the total salaries of all members in the entire system. It shall then be the duty of all such employers to include in their budgets or otherwise provide the amounts so required.

             (3) The department shall compute and bill each employer, as defined in RCW 41.26.030, 41.32.010, or 41.40.010, at the end of each month for the amount due for that month to the department of retirement systems expense fund and the same shall be paid as are its other obligations. Such computation as to each employer shall be made on a percentage rate of salary established by the department. However, the department may at its discretion establish a system of billing based upon calendar year quarters in which event the said billing shall be at the end of each such quarter.

             (4) The director may adjust the expense fund contribution rate for each system at any time when necessary to reflect unanticipated costs or savings in administering the department.

             (((3) All employers shall pay a standard fee to the department to cover the cost of administering the system.)) (5) An employer who fails to submit timely and accurate reports to the department may be assessed an additional fee related to the increased costs incurred by the department in processing the deficient reports. Fees paid under this subsection shall be deposited in the retirement system expense fund.

             (a) Every six months the department shall determine the amount of an employer's fee by reviewing the timeliness and accuracy of the reports submitted by the employer in the preceding six months. If those reports were not both timely and accurate the department may prospectively assess an additional fee under this subsection.

             (b) An additional fee assessed by the department under this subsection shall not exceed fifty percent of the standard fee.

             (c) The department shall adopt rules implementing this section.

             (6) Expenses incurred pursuant to section 206 of this act shall be deducted from the defined contribution fund in accordance with rules established by the board under section 302 of this act.

             NEW SECTION. Sec. 313. A new section is added to chapter 41.50 RCW to read as follows:

             (1) "Employee" as used in this section and section 314 of this act includes all full-time, part-time, and career seasonal employees of the state, a county, a municipality, or other political subdivision of the state, whether or not covered by civil service; elected and appointed officials of the executive branch of the government, including full-time members of boards, commissions, or committees; justices of the supreme court and judges of the court of appeals and of the superior and district courts; and members of the state legislature or of the legislative authority of any county, city, or town.

             (2) The state, through the department, and any county, municipality, or other political subdivision of the state acting through its principal supervising official or governing body is authorized to contract with an employee to defer a portion of that employee's income, which deferred portion shall in no event exceed the amount allowable under 26 U.S.C. Sec. 457, and deposit or invest such deferred portion in a credit union, savings and loan association, bank, or mutual savings bank or purchase life insurance, shares of an investment company, or fixed and/or variable annuity contracts from any insurance company or any investment company licensed to contract business in this state.

             (3) The department can provide such plans as the employee retirement benefits board, established under section 301 of this act, deems are in the interests of state employees. In addition to the types of investments described in this section, the department may invest the deferred portion of an employee's income, without limitation as to amount, in any of the class of investments described in RCW 43.84.150 as in effect on January 1, 1981. Any income deferred under such a plan shall continue to be included as regular compensation, for the purpose of computing the state or local retirement and pension benefits earned by any employee.

             (4) Coverage of an employee under a deferred compensation plan under this section shall not render such employee ineligible for simultaneous membership and participation in any pension system for public employees.

             NEW SECTION. Sec. 314. A new section is added to chapter 41.50 RCW to read as follows:

             (1) The deferred compensation principal account is hereby created in the state treasury. Any deficiency in the deferred compensation administrative account caused by an excess of administrative expenses disbursed from that account over earnings of investments of balances credited to that account shall be eliminated by transferring moneys to that account from the deferred compensation principal account.

             (2) The amount of compensation deferred by employees under agreements entered into under the authority contained in section 313 of this act shall be paid into the deferred compensation principal account and shall be sufficient to cover costs of administration and staffing in addition to such other amounts as determined by the department. The deferred compensation principal account shall be used to carry out the purposes of section 313 of this act. All eligible state employees shall be given the opportunity to participate in agreements entered into by the department under section 313 of this act. State agencies shall cooperate with the department in providing employees with the opportunity to participate.

             (3) Any county, municipality, or other subdivision of the state may elect to participate in any agreements entered into by the department under section 313 of this act, including the making of payments therefrom to the employees participating in a deferred compensation plan upon their separation from state or other qualifying service. Accordingly, the deferred compensation principal account shall be considered to be a public pension or retirement fund within the meaning of Article XXIX, section 1 of the state Constitution, for the purpose of determining eligible investments and deposits of the moneys therein.

             (4) All moneys in the deferred compensation principal account, all property and rights purchased therewith, and all income attributable thereto, shall remain (until made available to the participating employee or other beneficiary) solely the money, property, and rights of the state and participating counties, municipalities, and subdivisions (without being restricted to the provision of benefits under the plan) subject only to the claims of the state's and participating jurisdictions' general creditors. Participating jurisdictions shall each retain property rights separately.

             (5) The state investment board, at the request of the employee retirement benefits board as established under section 301 of this act, is authorized to invest moneys in the deferred compensation principal account in accordance with RCW 43.84.150. Except as provided in RCW 43.33A.160, one hundred percent of all earnings from these investments shall accrue directly to the deferred compensation principal account.

             (6) The deferred compensation administrative account is hereby created in the state treasury. All expenses of the department pertaining to the deferred compensation plan including staffing and administrative expenses shall be paid out of the deferred compensation administrative account. Any excess of earnings of investments of balances credited to this account over administrative expenses disbursed from this account shall be transferred to the deferred compensation principal account. Any deficiency in the deferred compensation administrative account caused by an excess of administrative expenses disbursed from this account over earnings of investments of balances credited to this account shall be transferred to this account from the deferred compensation principal account.

             (7) In addition to the duties specified in this section and section 313 of this act, the department shall administer the salary reduction plan established in RCW 41.04.600 through 41.04.645.

             (8) The department shall keep or cause to be kept full and adequate accounts and records of the assets, obligations, transactions, and affairs of any deferred compensation plans created under section 313 of this act and this section.

             (9) The department shall file an annual report of the financial condition, transactions, and affairs of the deferred compensation plans under its jurisdiction. A copy of the annual report shall be filed with the speaker of the house of representatives, the president of the senate, the governor, and the state auditor.

             (10) Members of the employee retirement benefits board established under section 301 of this act shall be deemed to stand in a fiduciary relationship to the employees participating in the deferred compensation plans created under section 313 of this act and this section and shall discharge the duties of their respective positions in good faith and with that diligence, care, and skill which ordinary prudent persons would exercise under similar circumstances in like positions.

             (11) The department may adopt rules necessary to carry out the purposes of section 313 of this act and this section.

             Sec. 315. RCW 41.50.030 and 1975-'76 2nd ex.s. c 105 s 5 are each amended to read as follows:

             (1) As soon as possible but not more than one hundred and eighty days after March 19, 1976, there is transferred to the department of retirement systems, except as otherwise provided in this chapter, all powers, duties, and functions of:

             (((1))) (a) The Washington public employees' retirement system ((and the retirement board thereof));

             (((2))) (b) The Washington state teachers' retirement system ((and the board of trustees thereof));

             (((3))) (c) The Washington law enforcement officers' and fire fighters' retirement system ((and the retirement board thereof));

             (((4))) (d) The Washington state patrol retirement system ((and the retirement board thereof));

             (((5))) (e) The Washington judicial retirement system ((and the retirement board thereof)); and

             (((6))) (f) The state treasurer with respect to the administration of the judges' retirement fund imposed pursuant to chapter 2.12 RCW.

             (2) On the effective date of this act there is transferred to the department all powers, duties, and functions of the deferred compensation committee.

             (3) The department shall administer sections 201 through 209 of this act.

             Sec. 316. RCW 41.50.050 and 1993 c 61 s 1 are each amended to read as follows:

             The director shall:

             (1) Have the authority to organize the department into not more than ((three)) four divisions, each headed by an assistant director;

             (2) Have free access to all files and records of various funds assigned to the department and inspect and audit the files and records as deemed necessary;

             (3) Employ personnel to carry out the general administration of the department;

             (4) Submit an annual written report of the activities of the department to the governor and the chairs of the appropriate legislative committees with one copy to the staff of each of the committees, including recommendations for statutory changes the director believes to be desirable;

             (5) Adopt such rules and regulations as are necessary to carry out the powers, duties, and functions of the department pursuant to the provisions of chapter 34.05 RCW.

             Sec. 317. RCW 41.50.060 and 1975-'76 2nd ex.s. c 105 s 8 are each amended to read as follows:

             The director may delegate the performance of such powers, duties, and functions, other than those relating to rule making, to employees of the department, but the director shall remain and be responsible for the official acts of the employees of the department.

             The director shall be responsible for the public employees' retirement system, the teachers' retirement system, the judicial retirement system, the law enforcement officers' and fire fighters' retirement system, and the Washington state patrol retirement system. The director shall also be responsible for the deferred compensation program.

             Sec. 318. RCW 41.54.030 and 1990 c 192 s 2 are each amended to read as follows:

             (1) A dual member(('s)) may combine service in all systems ((may be combined)) for the ((sole)) purpose of:

             (a) Determining the member's eligibility to receive a service retirement allowance; and

             (b) Qualifying for a benefit under section 115(3) of this act.

             (2) A dual member who is eligible to retire under any system may elect to retire from all the member's systems and to receive service retirement allowances calculated as provided in this section. Each system shall calculate the allowance using its own criteria except that the member shall be allowed to substitute the member's base salary from any system as the compensation used in calculating the allowance.

             (3) The service retirement allowances from a system which, but for this section, would not be allowed to be paid at this date based on the dual member's age shall be either actuarially adjusted from the earliest age upon which the combined service would have made such dual member eligible in that system, or the dual member may choose to defer the benefit until fully eligible.

             NEW SECTION. Sec. 319. A new section is added to chapter 41.54 RCW to read as follows:

             Any dual member who elects to transfer under section 303 of this act may:

             (1) Similarly transfer any other prior plan II service credit to plan III of the same retirement system; or

             (2) Combine service credit in all systems for purposes of vesting pursuant to sections 303(1)(c) of this act.

             NEW SECTION. Sec. 320. A new section is added to chapter 43.33A RCW to read as follows:

             Pursuant to section 302 of this act, the state investment board, at the request of the employee retirement benefits board, is authorized to offer investment options for self-directed investment under plan III.

             Sec. 321. RCW 41.04.440 and 1984 c 227 s 1 are each amended to read as follows:

             (1) The sole purpose of RCW 41.04.445 and 41.04.450 is to allow the members of the retirement systems created in chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.-- (sections 201 through 209 of this act), and 43.43 RCW to enjoy the tax deferral benefits allowed under 26 USC 414(h). This act does not alter in any manner the provisions of RCW 41.26.450((, 41.32.775)) and 41.40.650 which require that the member contribution rates shall be set so as to provide fifty percent of the cost((s)) of the ((respective retirement plans)) law enforcement officers' and fire fighters' retirement system.

             (2) Should the legislature revoke any benefit allowed under ((this act)) 26 U.S.C. 414(h), no affected employee shall be entitled thereafter to receive such benefit as a matter of contractual right.

             Sec. 322. RCW 41.04.445 and 1992 c 212 s 15 are each amended to read as follows:

             (1) This section applies to all members who are:

             (a) Judges under the retirement system established under chapter 2.10, 2.12, or 2.14 RCW;

             (b) Employees of the state under the retirement system established by chapter 41.32, 41.40, or 43.43 RCW;

             (c) Employees of school districts under the retirement system established by chapter 41.32 or 41.40 RCW, except for substitute teachers as defined by RCW 41.32.010;

             (d) Employees of educational service districts under the retirement system established by chapter 41.32 or 41.40 RCW; or

             (e) Employees of community college districts under the retirement system established by chapter 41.32 or 41.40 RCW.

             (2) Only for compensation earned after the effective date of the implementation of this section and as provided by section 414(h) of the federal internal revenue code, the employer of all the members specified in subsection (1) of this section shall pick up only those member contributions as required under:

             (a) RCW 2.10.090(1);

             (b) RCW 2.12.060;

             (c) RCW 2.14.090;

             (d) RCW 41.32.263;

             (e) RCW 41.32.350;

             (f) ((RCW 41.32.775;

             (g))) RCW 41.40.330 (1) and (3);

             (((h))) (g) RCW 41.40.650; ((and

             (i))) (h) Section 207 of this act;

             (i) RCW 43.43.300; and

             (j) Section 204 of this act.

             (3) Only for the purposes of federal income taxation, the gross income of the member shall be reduced by the amount of the contribution to the respective retirement system picked up by the employer.

             (4) All member contributions to the respective retirement system picked up by the employer as provided by this section, plus the accrued interest earned thereon, shall be paid to the member upon the withdrawal of funds or lump-sum payment of accumulated contributions as provided under the provisions of the retirement systems.

             (5) At least forty-five days prior to implementing this section, the employer shall provide:

             (a) A complete explanation of the effects of this section to all members; and

             (b) Notification of such implementation to the director of the department of retirement systems.

             Sec. 323. RCW 41.04.450 and 1985 c 13 s 3 are each amended to read as follows:

             (1) Employers of those members under chapters 41.26 ((and)), 41.40, and 41.-- (sections 201 through 209 of this act) RCW who are not specified in RCW 41.04.445 may choose to implement the employer pick up of all member contributions without exception under RCW 41.26.080(1), 41.26.450, 41.40.330(1), ((and)) 41.40.650, and chapter 41.-- RCW (sections 201 through 209 of this act). If the employer does so choose, the employer and members shall be subject to the conditions and limitations of RCW 41.04.445 (3), (4), and (5) and RCW 41.04.455.

             (2) An employer exercising the option under this section may later choose to withdraw from and/or reestablish the employer pick up of member contributions only once in a calendar year following forty-five days prior notice to the director of the department of retirement systems.

             NEW SECTION. Sec. 324. The following acts or parts of acts are each repealed:

             (1) RCW 41.04.250 and 1981 c 256 s 2, 1975 1st ex.s. c 274 s 2, 1973 1st ex.s. c 99 s 1, 1972 ex.s. c 19 s 1, & 1971 ex.s. c 264 s 1;

             (2) RCW 41.04.255 and 1991 c 249 s 2 & 1982 c 107 s 2;

             (3) RCW 41.04.260 and 1993 c 34 s 2 & 1991 sp.s. c 13 s 101;

             (4) RCW 41.32.775 and 1990 c 274 s 9, 1989 c 273 s 19, 1986 c 268 s 2, 1984 c 184 s 11, & 1977 ex.s. c 293 s 6;

             (5) RCW 41.45.040 and 1993 c 519 s 18 & 1989 c 273 s 4;

             (6) RCW 41.45.0601 and 1993 c 519 s 20 & 1992 c 239 s 1;

             (7) RCW 41.45.901 and 1989 c 273 s 33;

             (8) RCW 41.50.032 and 1984 c 184 s 15 & 1982 c 163 s 9; and

             (9) RCW 41.50.250 and 1991 c 35 s 72, 1989 c 273 s 21, 1981 c 3 s 32, 1969 c 128 s 4, 1963 c 174 s 6, 1955 c 220 s 2, 1953 c 200 s 3, 1949 c 240 s 5, & 1947 c 274 s 9.

             NEW SECTION. Sec. 325. This act shall take effect July 1, 1996.

             NEW SECTION. Sec. 326. Part headings and subchapter headings as used in this act constitute no part of the law."

             Representatives Carlson, Sommers and B. 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 Carlson, Sommers and Wolfe 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. 1206.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1206, and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, 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, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, 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 - 95.

             Voting nay: Representative Goldsmith - 1.

             Excused: Representatives Blanton and Ogden - 2.

             Engrossed Substitute House Bill No. 1206, having received the constitutional majority, was declared passed.

             There being no objection, the House deferred consideration of House Bill No. 1724 and the bill held it's place on the second reading calendar.

             HOUSE BILL NO. 1914, by Representative Stevens

Changing provisions relating to child abuse and neglect.

             The bill 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 Stevens, Thibaudeau, Cooke and Carrell spoke in favor of passage of the bill.

             Representatives Tokuda and Quall spoke against passage of the bill.

             The Speaker stated the question before the House to be final passage of House Bill No. 1914.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 1914, and the bill passed the House by the following vote: Yeas - 62, Nays - 34, Absent - 0, Excused - 2.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, Ebersole, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Mulliken, Padden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Stevens, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 62.

             Voting nay: Representatives Appelwick, Basich, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Dyer, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Mason, Mastin, Morris, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scott, Sommers, Talcott, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 34.

             Excused: Representatives Blanton and Ogden - 2.

             House Bill No. 1914, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 1791, by Representatives Chandler, Mastin, McMorris, Sheldon, Delvin, Kremen, Clements, Chappell, Crouse, Scott, Costa, Horn, Robertson, Quall, Hankins, Skinner, Kessler, Schoesler, Grant, Sheahan, Brumsickle, Padden, Morris, Buck, Hatfield, Patterson, Cooke, Mulliken, Honeyford, Backlund and Basich

Revising water resource governance and planning.

             The bill was read the second time. There being no objection, Substitute House Bill No. 1791 was substituted for House Bill No. 1791 and the substitute bill was placed on the second reading calendar.

             Substitute House Bill No. 1791 was read the second time.

             Representative Chandler moved adoption of the following amendment by Representative Chandler:

             Strike everything after the enacting clause and insert the following:

"PART I

WATER RESOURCE COMMISSIONS

             NEW SECTION. Sec. 1. The legislature finds that balanced administration and management of the state water resources is of paramount importance to the citizens of the state. The legislature finds that regional differences in water resource conditions require greater consideration in the development and administration of water resource policy. The legislature finds that to effectively take regional differences into consideration, the decision-making authority needs to be based on water resource plans developed by local elected officials and interested persons from various regions of the state.

             It is the intent of the legislature to establish two state water resources commissions. Further, it is the direction of the legislature that the commissions implement programs that are balanced with the interests of all sectors of the state's residents taken in account.

             It is further the intent of the legislature that all existing water rights be protected and not diminished by the actions of the state and that the principles of the prior appropriation doctrine of western water law remain unchanged by this enactment (chapter . . ., Laws of 1995).

             NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter.

             (1) "Commission" means the western or eastern Washington water resource commissions established pursuant to this chapter.

             (2) "Water supply special purpose district" means a water, combined water-sewer, irrigation, reclamation, or public utility district that provides water to persons or other water users within the district.

             (3) "State engineer" means the person hired by the commissions to administer the state engineer's office and the water resource programs and responsibilities assigned to that office.

             (4) "WRIA" means a water resource inventory area established in WAC 173-500-030, as it exists on January 1, 1995.

             NEW SECTION. Sec. 3. (1) There is hereby created and established two state commissions to be known and designated jointly as the Washington water resources commissions, hereinafter referred to as the commissions. One commission, to be known as the eastern Washington water resources commission, shall have jurisdiction throughout the area of the state east of the crest of the Cascade mountains and including all of Skamania county. One commission, to be known as the western Washington water resources commission, shall have jurisdiction throughout the area of the state west of the crest of the Cascade mountains, exclusive of Skamania county.

             (2) The members of a commission shall serve four-year terms. Each of the commissioners shall hold office until his or her successor is appointed. The commissioners shall biennially choose a chair from among themselves.

             (3) Each commission shall be composed of eight members nominated by the counties and appointed by the governor as provided in this section.

             (a) The counties within the jurisdiction of the eastern Washington water resources commission are divided into two groups: (i) Benton, Chelan, Douglas, Franklin, Grant, Kittitas, Klickitat, Okanogan, Skamania, and Yakima counties; and (ii) the remaining counties within the jurisdiction of the commission. The counties assigned to a particular group shall collectively nominate six persons for appointment to the eastern Washington water resources commission and submit this list of nominations to the governor. The governor shall appoint four members of the commission from each of the two lists submitted in this manner.

             (b) The counties within the jurisdiction of the western Washington water resources commission are divided into four groups: (i) King, Pierce, and Snohomish counties; (ii) Island, San Juan, Skagit, and Whatcom counties; (iii) Clallam, Jefferson, Kitsap, Mason, and Grays Harbor counties; and (iv) the remaining counties within the jurisdiction of the commission. Nominations for appointment to the western Washington water resources commission from each group shall be submitted to the governor.

             (c) Each of the counties listed in (b)(i) of this subsection shall nominate two persons and each of the cities of Seattle, Tacoma, and Everett shall nominate two persons for appointment to the commission and the governor shall appoint five members to the western Washington water resources commission from these nominations.

             (d) The counties in (b)(ii) of this subsection shall collectively nominate three persons for appointment to the commission and the governor shall appoint one member to the western Washington water resources commission from these nominations. The counties in (b)(iii) of this subsection shall collectively nominate three persons for appointment to the commission and the governor shall appoint one member to the western Washington water resources commission from these nominations. The counties in (b)(iv) of this subsection shall collectively nominate three persons for appointment to the commission and the governor shall appoint one member to the western Washington water resources commission from these nominations.

             (e) The members of the legislative authorities of the counties assigned to a group by (a) of this subsection or assigned to a group by (b) of this subsection shall convene to nominate persons for appointment to the eastern or western Washington water resources commission. The counties and the counties and cities in (c) of this subsection shall provide their lists of nominees to the governor not later than thirty days after the effective date of this section. If the counties assigned to a group do not provide nominations within the prescribed time, the governor may make the appointments allocated to the group without nominations. Each county assigned to a group by this subsection (3) for one or more collective nominations shall be entitled to three votes for each nomination and shall divide the votes equally among the members of the legislative authority of the county. Nominations shall be made by a majority vote of all of such members assigned to the group based on the votes allocated to them under this section. The governor shall make all appointments to the commissions within ninety days of the effective date of this section.

             Nominations and appointments to fill vacancies on the commission shall be made as provided by this section for original appointments to the positions. Such nominations shall be made within sixty days of the date the vacancy is created or the appointment shall be made without nominations. The governor shall appoint a person to fill a vacancy within thirty days of the date the vacancy is created.

             Nominations and appointments to fill expired terms of office of the members of the commission shall be made as prescribed for nominations and appointments for the initial membership of the commissions. The members of the county legislative authorities shall make nominations sixty days before the expiration of terms of office and the governor shall make appointments not later than the date of the expiration of the terms of office, which appointments shall take effect upon the expiration of those terms.

             (4) Each person nominated for appointment to a commission shall be knowledgeable about state water law and have at least five years' experience in water resource matters.

             (5) No elective state official, state officer, or state employee shall be a member of a commission nor may a member of the commission have been such an official, officer, or employee within two years of being appointed to the commission. At the time of their appointment and thereafter during their respective terms of office, the members of the eastern commission shall reside within the eastern jurisdiction and the members of the western commission shall reside within the western jurisdiction. No more than two members of each commission shall reside in the same county.

             (6) The governor may remove any member of a commission for malfeasance or misfeasance in office or for having at least five unexcused absences during the person's term of office which constitute twenty percent or more of the meetings that have been conducted by the commission during the term. A person's absence from a meeting may be excused: By the chair of the commission if a written request to do so is received by the chair before the meeting from which the member is to be absent; or by a majority vote of the members of the commission at the meeting during which the member is absent.

             (7) Each member of the commissions may receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with RCW 43.03.050 and 43.03.060. Commissions shall operate on a part-time basis and each member shall receive compensation pursuant to RCW 43.03.250. The principal office of each commission shall be located within the jurisdictional boundaries of each commission.

             NEW SECTION. Sec. 4. For actions taken by the commissions jointly, a majority of all of the commissioners shall constitute a quorum. A majority of the members of a commission shall constitute a quorum of the commission for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission. Any investigation, inquiry, or hearing that a commission has power to undertake or to hold may be undertaken or held by or before any commissioner. All investigations, inquiries, and hearings of a commission, and all findings, orders, or decisions, made by a commissioner, when approved and confirmed by the commission and filed in its office, shall be and be deemed to be the orders or decisions of the commission. All actions of a commission, the commissions jointly, or of a commissioner acting individually under the authority of this section shall be conducted in accordance with the administrative procedure act, chapter 34.05 RCW.

             NEW SECTION. Sec. 5. (1) In addition to the powers, duties, and functions in sections 23 and 24 of this act, the commissions have the following powers and duties: