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NINETY-FOURTH DAY

__________

MORNING SESSION

__________

House Chamber, Olympia, Wednesday, April 12, 1995

             The House was called to order at 9:30 a.m. by the Speaker (Representative Lambert 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 Amy Brennan and Lindsay Hagen. Prayer was offered by Pastor Doug Murren of the Eastside Foursquare Church of Kirkland.

             Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

             Representative Horn presiding assumed the chair.

RESOLUTIONS

             HOUSE RESOLUTION NO. 95-4659, by Representatives Buck, Johnson, Cairnes, Benton, Schoesler, McMahan, Pennington, McMorris, D. Schmidt and Koster

             WHEREAS, Arbor Day has been celebrated in Washington since 1917 when Governor Ernest Lister conducted the first official observance; and

             WHEREAS, It is statutory that the second Wednesday in April each year is designated as Washington State Arbor Day; and

             WHEREAS, The State of Washington is appropriately called the Evergreen State due to the existence and special significance that trees and plants contribute to our jobs, natural beauty, environment, and quality of life to our citizens; and

             WHEREAS, The heritage of our state was built from the hardworking ethics of the families who helped harvest our rich forests to provide wood products and homes for our citizens; and

             WHEREAS, Arbor Day is a traditional day for the planting of trees and shrubs by many citizens in the State of Washington; and

             WHEREAS, Arbor Day focuses community attention on planting trees while educating school children and community groups about the value of trees; and

             WHEREAS, Arbor Day is a symbolic day to recognize the importance of trees and shrubs to the environment, to neighborhoods and communities, to our state's agricultural and timber-based economy, and the importance of continued regeneration of our renewable resources; and

             WHEREAS, By observing Arbor Day every year the citizens of the state can show their appreciation for the state's natural resources, the full range of benefits that are provided from trees and shrubs in the state, and the importance of planting trees and shrubs throughout the year;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives wishes to hereby recognize April 12, 1995, as Arbor Day and encourages residents to plant a tree or shrub and celebrate this day.

             Representative Buck moved adoption of the resolution.

             Representatives Buck, Sheldon and Johnson spoke in favor of adoption of the resolution.

             House Resolution No. 4659 was adopted.

             HOUSE RESOLUTION NO. 95-4669, by Representatives Quall, Hymes, Sehlin, Beeksma, D. Schmidt and Koster

             WHEREAS, The beautiful Skagit Valley is the Tulip Capital of the Northwest; and

             WHEREAS, Every April brings a spectacular panorama as the thousands of tulips abloom herald the coming of spring; and

             WHEREAS, The Skagit Valley Tulip Festival launches the festival season here in Washington; and

             WHEREAS, This year's twelfth annual Tulip Festival from March 31st through April 16th is shining world-wide attention on the communities of Anacortes, Burlington, Concrete, LaConner, Mount Vernon, and Sedro Wooley; and

             WHEREAS, The nearly half a million people who visited the Skagit Valley Tulip Festival last year enjoyed a tremendous variety of exciting activities and contributed greatly to the region's economy; and

             WHEREAS, This year's visitors will be overwhelmed by more than 1,500 acres of tulips reflecting all the colors of the rainbow and representing the fullness of life for the marvelous people who call the Skagit Valley home; and

             WHEREAS, Highlights of this year's festivities include the Mount Vernon Street Fair, the John Philip Sousa concert, the International Volkswalk, the Tulip Pedal Bicycle Ride, the Paccar Open House, the 10K Slug Run, and the Key Bank Flower and Garden Show;

             NOW, THEREFORE, BE IT RESOLVED, that the House of Representatives of the State of Washington salute the resplendent communities of the Skagit Valley, as well as their chambers of commerce and the Tulip Festival Committee for their tireless efforts in providing another Skagit Valley Tulip Festival for the joy of grateful visitors; and

             BE IT FURTHER RESOLVED, That the House of Representatives commend the community leaders and corporate sponsors for the success of this celebrated event, and that we encourage citizens from all across our state, nation, and world to make time to savor this sensational display; and

             BE IT FURTHER RESOLVED, That copies of the Resolution be immediately transmitted to the community leaders of the phenomenal Skagit Valley.

             Representative Quall moved adoption of the resolution.

             Representatives Quall, Hymes, Van Luven, Sehlin and Beeksma spoke in favor of adoption of the resolution.

             House Resolution No. 4669 was adopted.

             The Speaker (Representative Horn presiding) declared the House to be at ease.

             The Speaker called the House to order.

RESOLUTION

             HOUSE RESOLUTION NO. 95-4639, by Representatives Beeksma and D. Schmidt

             WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and

             WHEREAS, The Governor has proclaimed April 1995 to be Drug Free Washington Month in the State of Washington and the Drug Abuse Resistance Education (DARE) program is a unique, exemplary program which is extraordinarily effective in reducing illegal and illicit drug and alcohol abuse through education; and

             WHEREAS, Sergeant John Dyer is an example of the highest level of excellence in his service to the DARE program and commitment to the citizens of the great state of Washington; and

             WHEREAS, Sergeant Dyer has served the City of Oak Harbor with distinction since 1989 as a DARE officer, contributing to the overwhelming success of the program beyond everyone's expectations, in part by bringing important information to adults to support a program that has been so successful; and

             WHEREAS, Sergeant Dyer has dedicated himself to the laudable principles of the DARE program with an unyielding dedication, enduring perseverance, and selfless devotion that has been an example for DARE officers everywhere; and

             WHEREAS, Sergeant Dyer has successfully taught over seven thousand school children about the danger, peril, and threat of illicit drugs, and has sponsored community activities and events, that raised funds for continued DARE efforts and brought the deserving message of DARE to the greater community and developed support and partnership between law enforcement and those whom they serve; and

             WHEREAS, Sergeant Dyer's substantial and considerable personal and professional contributions are continually hallmarked by goodwill, generosity, benevolence, spontaneous and good-natured humor, enthusiasm, compassionate understanding, as well as the talent, skill, and expertise that has earned him well-deserved gratitude of the community, and his outstanding rapport with students enhanced his ability to communicate the objectives of DARE, illustrated by many letters of testimony from former students of the beneficial effect that he has had on their lives; and

             WHEREAS, The Legislature recognizes that the dramatic and unique challenges that face our great state of Washington are only surmounted because of the efforts, commitment, devotion, and unwavering excellence of individuals such as Sergeant Dyer;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor the highest level of excellence demonstrated by Sergeant Dyer in his dedicated and committed public service to the community of Oak Harbor and the greater state of Washington and for the outstanding example that he has set for others; and

             BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Sergeant Dyer and the Chief of Police of Oak Harbor.

             Representative Beeksma moved adoption of the resolution.

             Representatives Beeksma, Delvin and Sehlin spoke in favor of adoption of the resolution.

             House Resolution No. 4639 was adopted.

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

INTRODUCTIONS AND FIRST READING

HCR 4407         by Representatives Chandler and Mastin

Establishing a task force on agricultural safety standards.

             There being no objection, House Concurrent Resolution No. 4407 was advanced to second reading and read the second time in full.

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

SECOND READING

             HOUSE CONCURRENT RESOLUTION NO. 4407, by Representatives Chandler and Mastin

Establishing a task force on agricultural safety standards.

             The resolution was read the second time.

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

             Representatives Chandler, Mastin and Lisk spoke in favor of adoption of the resolution.

             The Speaker stated the question before the House to be final adoption of House Concurrent Resolution No. 4407.

ROLL CALL

             The Clerk called the roll on the final adoption of House Concurrent Resolution No. 4407, and the resolution was adopted by the following vote: Yeas - 83, Nays - 12, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cole, Cooke, Costa, Crouse, 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, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 83.

             Voting nay: Representatives Chopp, Cody, Conway, Dellwo, Fisher, R., Mason, Romero, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 12.

             Excused: Representatives Mulliken and Stevens - 2.

             House Concurrent Resolution No. 4407, having received the constitutional majority, was adopted.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 5121, by Senate Committee on Agriculture & Agricultural Trade & Development (originally sponsored by Senators Rasmussen, Morton, Snyder, Newhouse, Loveland, A. Anderson, Hochstatter, Haugen and Deccio)

Providing for agricultural safety standards.

             The bill was read the second time.

             There being no objection, the committee amendment was not adopted. Committee on Agriculture & Ecology recommendation: Majority, do pass as amended. (For committee amendment see Journal, 79th Day, March 28, 1995.)

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

             Strike everything after the enacting clause and insert the following:

             "NEW SECTION. Sec. 1. The legislature finds that:

             (1) The state's highly productive and efficient agricultural sector is composed predominately of family-owned and managed farms and an industrious and efficient work force;

             (2) A reasonable level of safety regulation is needed to protect workers; and

             (3) The smaller but highly efficient farming operations would benefit from safety rules that are easily referenced and agriculture-specific to the extent possible.

             NEW SECTION. Sec. 2. A new section is added to chapter 49.17 RCW to read as follows:

             (1) To afford the legislature an opportunity to examine more closely the agricultural safety standards that should apply to the agricultural industry, no rules adopted under this chapter amending or establishing agricultural safety standards shall take effect during the period beginning January 1, 1995, and ending January 15, 1996.

             (2) Rollover protective structures shall not be required before January 15, 1996, for any tractor that was manufactured before October 25, 1976. By December 15, 1995, the department shall prepare a list of the rollover protective structures available to persons in this state that fully satisfy the standards for such structures proposed for such tractors by the department by rule before January 1, 1995. The list shall include the name and address of the manufacturer of each structure listed, the manufacturer's price of the structure, and approximate delivery and installation costs. The department shall not list a structure if it: Is not readily available; restricts or eliminates a common use for the tractor for which it is designed; or does not include all of the parts needed to install the structure on the tractor for which it is designed in a manner that fully satisfies the standards proposed for such structures by the department. The department shall certify the accuracy of the information on the list and submit the list to the committees of the senate and the house of representatives with general jurisdiction over matters relating to agriculture and those with general jurisdiction over matters relating to labor.

             (3) The following applies to rules for agricultural safety adopted under this chapter. The rules shall:

             (a) Establish, for agricultural employers, an agriculture safety standard that includes agriculture-specific standards and specific references to the general industry safety standard adopted under this chapter; and

             (b) Exempt agricultural employers from the general industry safety standard adopted under this chapter for all requirements not specifically referenced in the agriculture safety standard.

             (4) The department shall publish in one volume all of the occupational safety standards that apply to agricultural employers and shall make this volume available to all agricultural employers before February 15, 1996. This volume must be available in both English and Spanish.

             (5) The department shall provide training, education, and enhanced consultation services concerning its agricultural safety standards to agricultural employers before the standards take effect. The training, education, and consultation must continue throughout the winter of 1995-1996. Training and education programs must be provided throughout the state and must be coordinated with agricultural associations in order to meet their members' needs.

             (6) Subsections (1) and (2) of this section do not limit the authority of the director to adopt rules that are specifically required by federal law, and only to the extent specifically required, for the agricultural safety standards under this chapter to be as effective as the standards adopted or recognized by the United States secretary of labor under the authority of the occupational safety and health act of 1970 (P.L. 91-596; 84 Stat. 1590).

             (7) Once the single volume of all of the rules setting agricultural safety standards is first published as required by subsection (4) of this section, no new rules regarding agricultural safety may be established under this chapter except: As specifically required by federal law, and only to the extent specifically required; or as specifically authorized by the legislature by law enacted after the effective date of this section.

             NEW SECTION. Sec. 3. This act is remedial in nature and applies to any rules regarding agricultural safety that would take effect beginning January 1, 1995."

             On page 1, line 1 of the title, after "standards;" strike the remainder of the title and insert "adding a new section to chapter 49.17 RCW; and creating new sections."

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

             Representative Conway spoke against the adoption of the amendment.

             There being no objection, the House deferred further consideration of Engrossed Substitute Senate Bill No. 5121 and the bill held it's place on the second reading calendar.

             SUBSTITUTE SENATE BILL NO. 5653, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Gaspard, McDonald, Smith, Oke, Wojahn, Winsley, Fraser, McAuliffe, Loveland, Kohl, Spanel, Franklin, Snyder, Drew, Haugen, Hargrove, Bauer and Rasmussen)

Transferring functions of the certified criminal justice agency within the department of social and health services to the office of the attorney general.

             The bill was read the second time.

             There being no objection, the committee amendment was adopted. Committee on Children & Family Services recommendation: Majority, do pass as amended. (For committee amendment see Journal, 82nd Day, March 31, 1995.)

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

             Representatives Bolt and Thibaudeau spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5653 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5653 as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, 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, Ogden, 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, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 95.

             Excused: Representatives Mulliken and Stevens - 2.

             Substitute Senate Bill No. 5653, as amended by the House, having received the constitutional majority, was declared passed.

             There being no objection, the House resumed consideration of Engrossed Substitute Senate Bill No. 5121.

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

             On page 1, line 22 of the amendment, after "1996." insert "This subsection applies, but is not limited to applying, to a rule adopted prior to January 1, 1995, but with an effective date which is during the period beginning January 1, 1995, and ending January 15, 1996, and to provisions of rules adopted prior to January 1, 1995, which provisions are to become effective during the period beginning January 1, 1995, and ending January 15, 1996. This subsection does not apply to provisions of rules that were in effect prior to January 1, 1995."

             On page 3, after line 2 of the amendment, strike all material through "1995." on line 5 and insert the following:

             "NEW SECTION. Sec. 3. Subsections (1) and (2) of section 2 of this act are remedial in nature and apply to rules and provisions of rules regarding agricultural safety that would take effect after December 31, 1994."

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

             The amendment to the amendment was adopted.

             The amendment as amended was adopted.

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

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

             Representatives Conway and Cole spoke against passage of the bill.

             The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5121 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5121 as amended by the House, and the bill passed the House by the following vote: Yeas - 72, Nays - 23, Absent - 0, Excused - 2.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Delvin, 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, Ogden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 72.

             Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, R., Mason, Patterson, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 23.

             Excused: Representatives Mulliken and Stevens - 2.

             Engrossed Substitute Senate Bill No. 5121, as amended by the House, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

             I intended to vote NAY on Engrossed Substitute Senate Bill No. 5121.

ERIK POULSEN, 34th District

             There being no objection, the Natural Resources Committee was relieved of Senate Bill No. 5544 and the bill was placed on the top of the second reading calendar.

             SENATE BILL NO. 5544, by Senators Owen, Rinehart, Spanel, Haugen, C. Anderson and Fraser

Concerning the leasing of state shoreline for the exploration of oil or gas.

             There being no objection, the House deferred further consideration of Senate Bill No. 5544 and the bill held it's place on the second reading calendar.

             There being no objection, the House considered the following bills in the following order: Engrossed Substitute Senate Bill No. 5685, Substitute Senate Bill No. 5742, Substitute Senate Bill No. 5799, Senate Bill No. 5898 and Engrossed Second Substitute Senate Bill No. 5064.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 5685, by Senate Committee on Transportation (originally sponsored by Senators Long, Haugen, Wood, Kohl, Prince, Fraser, Owen, Schow, Sellar, Heavey, Rasmussen, Winsley and Sheldon)

Updating regulation of salvaged vehicles.

             The bill was read the second time.

             There being no objection, the committee amendment was moved. Committee on Transportation recommendation: Majority, do pass as amended. (For committee amendment see Journal, 82nd Day, March 31, 1995.)

             Representative Robertson moved adoption of the following amendment to the committee amendment by Representative Robertson:

             On page 13, line 28 of the amendment, after "latch" insert "pillar"

             On page 13, line 31 of the amendment, after "section" strike everything through "marking" on line 35

             Representative Robertson spoke in favor of the adoption of the amendment to the committee amendment.

             The amendment to the committee amendment was adopted.

             The committee amendment as amended was adopted.

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

             Representative Robertson spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5685 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5685 as amended by the House, and the bill passed the House by the following vote: Yeas - 93, Nays - 3, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, 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, 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, Ogden, 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 - 93.

             Voting nay: Representatives Brown, Fisher, R. and Valle - 3.

             Excused: Representative Mulliken - 1.

             Engrossed Substitute Senate Bill No. 5685, as amended by the House, having received the constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 5742, by Senate Committee on Education (originally sponsored by Senators Rasmussen, Hochstatter, McAuliffe and Loveland)

Establishing the Washington state vocational agriculture teacher recruitment program.

             The bill was read the second time.

             There being no objection, the committee amendment was adopted. Committee on Education recommendation: Majority, do pass as amended. (For committee amendment see Journal, 82nd Day, March 31, 1995.)

             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 Senate Bill No. 5742 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5742 as amended by the House, and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, 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 - 95.

             Voting nay: Representative Smith - 1.

             Excused: Representative Mulliken - 1.

             Substitute Senate Bill No. 5742, as amended by the House, having received the constitutional majority, was declared passed.

             There being no objection, the House resumed consideration of Substitute Senate Bill No. 5799.

             There being no objection, the committee amendment was moved.

             With the consent of the House, amendment number 680 to Substitute Senate Bill No. 5799 was withdrawn.

             Representative Dyer moved adoption of the following amendment to the committee amendment by Representative Dyer:

             On page 6, line 26, after "who" strike all material through "70.128 RCW." on line 30, and insert "provides personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services."

             Representative Dyer spoke in favor of the adoption of the amendment to the committee amendment.

             The amendment to the committee amendment was adopted.

             The committee amendment as amended was adopted.

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

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

             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5799 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5799 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, 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: Representative Mulliken - 1.

             Substitute Senate Bill No. 5799, as amended by the House, having received the constitutional majority, was declared passed.

             SENATE BILL NO. 5898, by Senators Rasmussen, West, Loveland, Newhouse, Bauer and Morton

Providing that research studies for alternatives to grass burning be conducted by Washington State University.

             The bill was read the second time.

             There being no objection, the committee amendment was moved. Committee on Agriculture & Ecology recommendation: Majority, do pass as amended. (For committee amendment see Journal, 82nd Day, March 31, 1995.)

             Representative Brown moved adoption of the following amendment to the committee amendment by Representative Brown:

             On page 2, after line 26 of the striking amendment, insert the following:

             Sec. 2 RCW 70.94.120 and 1969 ex.s. c 168 s 14 are each amended to read as follows:

             (1) The city selection committee of each county which is included within an authority shall meet within one month after the activation of such authority for the purpose of making its initial appointments to the board of such authority and thereafter whenever necessary for the purpose of making succeeding appointments. All meetings shall be held upon at least two weeks written notice given by the county auditor to each member of the city selection committee of each county and he shall give such notice upon request of any member of such committee. A similar notice shall be given to the general public by a publication of such notice in a newspaper of general circulation in such authority. The county auditor shall act as recording officer, maintain its records and give appropriate notice of its proceedings and actions.

             (2) As an alternative to meeting in accordance with subsection (1) of this section, the county auditor may mail ballots by certified mail to the members of the city selection committee, specifying a date by which to complete the ballot, and a date by which to return the completed ballot. Each mayor who chooses to participate in the balloting shall write in the choice for appointment, sign the ballot, and return the ballot to the county auditor. Each completed ballot shall be date stamped upon receipt by the mayor or staff of the mayor of the city or town. The timely return of completed ballots by a majority of the members of each city selection committee constitutes a quorum and the common choice by a majority of the quorum constitutes a valid appointment.

             (3) Balloting shall be preceded by at least two weeks' written notice, given by the county auditor to each member of the city selection committee. A similar notice shall be given to the general public by publication in a newspaper of general circulation in the authority.

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

             Representatives Brown and Morris spoke in favor of the adoption of the amendment to the committee amendment.

             The amendment to the committee amendment was adopted.

             The committee amendment as amended was adopted.

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

             Representatives McMorris, Chandler and Chappell 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 Senate Bill No. 5898 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 5898 as amended by the House, and the bill passed the House by the following vote: Yeas - 93, Nays - 3, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, 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., 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, Ogden, 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, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 93.

             Voting nay: Representatives Cole, Rust and Thibaudeau - 3.

             Excused: Representative Mulliken - 1.

             Senate Bill No. 5898, as amended by the House, having received the constitutional majority, was declared passed.

             ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5064, by Senate Committee on Ways & Means (originally sponsored by Senators Owen, Drew and Oke)

Revising the regional fisheries enhancement program.

             The bill was read the second time.

             There being no objection, the committee amendment was moved. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 3, 1995.)

             With the consent of the House, amendment number 737 to Engrossed Second Substitute Senate Bill No. 5064 was withdrawn.

             Representative Fuhrman moved adoption of the following amendment to the committee amendment by Representative Fuhrman:

             On page 7, after line 12 of the amendment, insert the following:

             "Sec. 11. RCW 75.08.230 and 1993 c 340 s 48 are each amended to read as follows:

             (1) Except as provided in this section, state and county officers receiving the following moneys shall deposit them in the state general fund:

             (a) The sale of licenses required under this title;

             (b) The sale of property seized or confiscated under this title;

             (c) Fines and forfeitures collected under this title;

             (d) The sale of real or personal property held for department purposes;

             (e) Rentals or concessions of the department;

             (f) Moneys received for damages to food fish, shellfish or department property; and

             (g) Gifts.

             (2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.

             (3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the director shall be remitted as provided in chapter 3.62 RCW.

             (4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.

             (5) Proceeds from the sale of salmon carcasses and salmon eggs from state general funded hatcheries by the department((, to the extent these proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for hatchery operations partially or wholly financed by sources other than state general revenues or for purposes of processing human consumable salmon for disposal)) of general administration shall be deposited in the regional fisheries enhancement group account established in RCW 75.50.100.

             (6) Moneys received by the director under RCW 75.08.045, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources.

             (7) Proceeds from the sale of herring spawn on kelp fishery licenses by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for herring management, enhancement, and enforcement."

             On page 7, beginning on line 25 of the title amendment, strike "and 75.50.120" and insert "75.50.120, and 75.08.230"

             Representative Fuhrman spoke in favor of the adoption of the amendment to the committee amendment.

             The amendment to the committee amendment was adopted.

             The committee amendment as amended was adopted.

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

             Representative Fuhrman spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 5064 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5064 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, 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: Representative Mulliken - 1.

             Engrossed Second Substitute Senate Bill No. 5064, as amended by the House, having received the constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 5315, by Senate Committee on Agriculture & Agricultural Trade & Development (originally sponsored by Senators Rasmussen, Morton, Loveland, Newhouse and Roach; by request of Department of Agriculture)

Modifying agriculture regulations.

             The bill was read the second time.

             There being no objection, the committee amendment was moved. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 3, 1995.)

POINT OF ORDER

             Representative Rust: Thank you Mr. Speaker. I would request a ruling on the scope and object of the committee amendment.

             There being no objection, the House deferred further consideration of Substitute Senate Bill No. 5315 and the bill held it's place on the second reading calendar.

             There being no objection, the House resumed consideration of Substitute Senate Bill No. 5431.

SPEAKER'S RULING

             Representative Dellwo, the Speaker is prepared to Rule on your Point of Order which challenges the Committee Amendment to Substitute Senate Bill No. 5431 as being beyond the Scope and Object of the bill.

             The title of Substitute Senate Bill No. 5431 is "AN ACT Relating to rural health care.

             The title is broad. The bill adds a new section to chapter 43.70 RCW, creates new sections, and repeals RCW 48.45.005, 48.45.010, 48.45.020, and 48.05.030.

             The bill repeals certain rural health care statutes and directs the Department of Health to set up a committee to study rural health care issues and report their findings to the legislature by December, 1995.

             The Committee Amendment adds a new section to chapter 70.170 RCW and chapter 28B.80 RCW, amends RCW 43.70.470, creates new sections, and repeals RCW 28B.125.005 and 28B.125.010.

             The object of Substitute Senate Bill No. 5431 is to repeal certain statutes regarding the licensure of small rural health care service arrangements which were never used and to create a study by the Department of Health to determine issues relevant to health care services provided to people living in rural areas.

             The Committee Amendment repeals various other statutes and programs, establishes a state-wide data system, transfers various agency functions and programs, and imposes other requirements not related to rural health care issues.

             The Speaker finds that the Committee Amendment is beyond the scope and object of the bill.

             Representative Dellwo, Your Point of Order is well taken.

             With the consent of the House, amendment number 695 to Substitute Senate Bill No. 5431 was withdrawn.

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

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

             "NEW SECTION. Sec. 3. A new section is added to chapter 43.70 RCW to read as follows:

             (1) To promote the public interest consistent with the purposes of chapter 492, Laws of 1993 as amended by chapter . . ., Laws of 1995 (this act), the department shall continue to require hospitals to submit hospital financial and patient discharge information, which shall be collected, maintained, analyzed, and disseminated by the department. The department may, if deemed cost-effective and efficient, contract with a private entity for any or all parts of data collection. Data elements shall be reported in conformance with a uniform reporting system established by the department. This includes data elements identifying each hospital's revenues, expenses, contractual allowances, charity care, bad debt, other income, total units of inpatient and outpatient services, and other financial information reasonably necessary to fulfill the purposes of chapter 492, Laws of 1993 as amended by chapter . . ., Laws of 1995 (this act). Data elements relating to use of hospital services by patients shall be the same as those currently compiled by hospitals through inpatient discharge abstracts. The department shall encourage and permit reporting by electronic transmission or hard copy as is practical and economical to reporters.

             (2) In identifying financial reporting requirements, the department may require both annual reports and condensed quarterly reports from hospitals, so as to achieve both accuracy and timeliness in reporting, but shall craft such requirements with due regard of the data reporting burdens of hospitals.

             (3) The health care data collected, maintained, and studied by the department shall only be available for retrieval in original or processed form to public and private requestors and shall be available within a reasonable period of time after the date of request. The cost of retrieving data for state officials and agencies shall be funded through the state general appropriation. The cost of retrieving data for individuals and organizations engaged in research or private use of data or studies shall be funded by a fee schedule developed by the department that reflects the direct cost of retrieving the data or study in the requested form.

             (4) All persons subject to chapter 492, Laws of 1993 shall comply with departmental requirements established by rule in the acquisition of data.

             NEW SECTION. Sec. 4. A new section is added to chapter 43.70 RCW to read as follows:

             HEALTH CARE QUALITY--FINDINGS AND INTENT. The legislature finds that it is difficult for consumers of health care services to determine the quality of health care in rural areas and other parts of the state prior to purchase or utilization of medical care. The legislature also finds that accountability is a key component in promoting quality assurance and quality improvement throughout the health care delivery system, including public programs. Quality assurance and improvement standards are necessary to promote the public interest, contribute to cost efficiencies, and improve the ability of consumers to ascertain quality health care purchases.

             The legislature intends to have consumers, health carriers, health care providers and facilities, and public agencies participate in the development of quality assurance and improvement standards that can be used to develop a uniform quality assurance program for use by all public and private health plans, providers, and facilities. To that end, in conducting the study required under section 3 of this act, the department of health shall:

             (1) Consider the needs of consumers, employers, health care providers and facilities, and public and private health plans;

             (2) Take full advantage of existing national standards of quality assurance to extend to middle-income populations the protections required for state management of health programs for low-income populations;

             (3) Consider the appropriate minimum level of quality assurance standards that should be disclosed to consumers and employers by health care providers and facilities, and public and private health plans; and

             (4) Consider standards that permit health care providers and facilities to share responsibility for participation in a uniform quality assurance program.

             NEW SECTION. Sec. 5. A new section is added to chapter 43.70 RCW to read as follows:

             UNIFORM QUALITY ASSURANCE. (1) The department of health shall study the feasibility of a uniform quality assurance and improvement program for use by all public and private health plans and health care providers and facilities in rural areas and other parts of the state. In this study, the department shall consult with:

             (a) Public and private purchasers of health care services;

             (b) Health carriers;

             (c) Health care providers and facilities; and

             (d) Consumers of health services.

             (2) In conducting the study, the department shall adopt standards that meet the needs of affected persons and organizations, whether public or private, without creation of differing levels of quality assurance. All consumers of health services should be afforded the same level of quality assurance.

             (3) At a minimum, the study shall include but not be limited to the following program components and indicators appropriate for consumer disclosure:

             (a) Health care provider training, credentialing, and licensure standards;

             (b) Health care facility credentialing and recredentialing;

             (c) Staff ratios in health care facilities;

             (d) Annual mortality and morbidity rates of cases based on a defined set of procedures performed or diagnoses treated in health care facilities, adjusted to fairly consider variable factors such as patient demographics and case severity;

             (e) The average total cost and average length of hospital stay for a defined set of procedures and diagnoses in health care facilities;

             (f) The total number of the defined set of procedures, by specialty, performed by each physician at a health care facility within the previous twelve months;

             (g) Utilization performance profiles by provider, both primary care and specialty care, that have been adjusted to fairly consider variable factors such as patient demographics and severity of case;

             (h) Health plan fiscal performance standards;

             (i) Health care provider and facility recordkeeping and reporting standards;

             (j) Health care utilization management that monitors trends in health service under-utilization, as well as over-utilization of services;

             (k) Health monitoring that is responsive to consumer and purchaser needs; and

             (l) Assessment of consumer satisfaction and disclosure of consumer survey results.

             (4) In conducting the study, the department shall develop standards that permit each health care facility, provider group, or health carrier to assume responsibility for and determine the physical method of collection, storage, and assimilation of quality indicators for consumer disclosure. The study may define the forms, frequency, and posting requirements for disclosure of information.

             (5) The department shall submit its final report and recommendations to the legislature by December 31, 1995.

             (6) The department shall not adopt any rule implementing the uniform quality assurance program or consumer disclosure provisions unless expressly directed to do so by an act of law.

             NEW SECTION. Sec. 6. A new section is added to chapter 43.70 RCW to read as follows:

             QUALITY ASSURANCE--INTERAGENCY COOPERATION--ELIMINATION AND COORDINATION OF DUPLICATE STATE PROGRAMS. No later than July 1, 1995, the department of health together with the health care authority, the department of social and health services, the office of the insurance commissioner, and the department of labor and industries shall form an interagency group for coordination and consultation on quality assurance activities and collaboration on final recommendations for the study required under section 3 of this act. By December 31, 1995, the group shall review all state agency programs governing health service quality assurance and shall recommend to the legislature, the consolidation, coordination, or elimination of rules and programs that would be made unnecessary pursuant to the development of a uniform quality assurance and improvement program."

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

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

             The amendment was adopted.

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

             On page 3, after line 10, insert the following:

             "NEW SECTION. Sec. 5. The intent of this act is to create the capacity to collect data regarding the distribution of health care professionals in the provider shortage areas of the state, with emphasis on rural areas. The purpose of this collection is to make the data available to the public and private sector for their use.

             This data gathering and the analysis of the data by state government is done with the assumption that the scopes of practice of the health care professions in effect at that time are appropriate.

             NEW SECTION. Sec. 6. A new section is added to chapter 70.170 RCW to read as follows:

             The department of health, in consultation with the health services commission, or its successor agency, shall establish a health care professional information data system. The system shall identify, for the purpose of assisting rural communities and other areas of the state experiencing provider shortages, the type, number, and location of health care professionals working in the state and create a centralized inventory of applications, matriculations, and graduations from all health care training programs in the state in vocational-technical training, community colleges, and four-year colleges and universities.

             NEW SECTION. Sec. 7. A new section is added to chapter 28B.80 RCW to read as follows:

             In its deliberations regarding the health professions scholarship and forgivable loan program, the board shall consider data collected under section 6 of this act in relation to areas of the state, such as rural communities, experiencing provider shortages as identified by the Washington health services commission or its successor agency.

             NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

             (1) RCW 28B.125.005 and 1991 c 332 s 4; and

             (2) RCW 28B.125.010 and 1993 c 492 s 270 & 1991 c 332 s 5.

             NEW SECTION. Sec. 9. Information gathered through this act shall not be used to change or recommend change to the scope of practice of any health care profession nor shall the commission, the information advisory council, or its successor, advise or undertake to change such scope of practice."

             Correct all internal references and correct the title accordingly.

POINT OF ORDER

             Representative Dellwo: Thank you Mr. Speaker. I would request a ruling on the scope and object of the amendment.

SPEAKER'S RULING

             Representative Dellwo, the Speaker is prepared to Rule on your Point of Order which challenges Amendment 751 to Substitute Senate Bill No. 5431 as being beyond the Scope and Object of the bill.

             The title of Substitute Senate Bill No. 5431 is "AN ACT Relating to rural health care.

             The title is broad. The bill adds a new section to chapter 43.70 RCW, creates new sections, and repeals RCW 48.45.005, 48.45.010, 48.45.020, and 48.05.030.

             The bill repeals certain rural health care statutes and directs the Department of Health to set up a committee to study rural health care issues and report their findings to the legislature by December, 1995.

             Amendment 751 adds a new section to chapter 70.170 RCW and chapter 28B.80 RCW, creates new sections, and repeals RCW 28B.125.005 and 28B.125.010.

             The object of Substitute Senate Bill No. 5431 is to repeal certain statutes regarding the lecensure of small rural health care service arrangements which were never used and to create a study by the Department of Health to determine issues relevant to health care services provided to people living in rural areas.

             Amendment 751 repeals other statutes, establishes a state-wide date system, and imposes other requirements not related to rural health care issues.

             The Speaker finds that Amendment 751 is beyond the scope and object of the bill.

             Representative Dellwo, Your Point of Order is well taken.

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

             Representatives Hymes and Cody spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5431 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5431 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, 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: Representative Mulliken - 1.

             Substitute Senate Bill No. 5431, as amended by the House, having received the constitutional majority, was declared passed.

             ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5448, by Senate Committee on Ways & Means (originally sponsored by Senators Fraser, Hochstatter, Sutherland and Winsley; by request of Department of Health)

Modifying provisions for public water system regulation.

             The bill was read the second time.

             There being no objection, the committee amendment was moved. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 3, 1995.)

             There being no objection, the House deferred further consideration of Engrossed Second Substitute Senate Bill No. 5448 and the bill held it's place on the second reading calendar.

             SUBSTITUTE SENATE BILL NO. 5516, by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Owen, Prentice, Deccio, Palmer, Sutherland, McDonald, Rinehart, Haugen, Sheldon, Heavey, Fraser, Franklin, Bauer, Roach and Rasmussen)

Providing for drug-free workplaces.

             The bill was read the second time.

             There being no objection, the committee amendment was adopted. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 3, 1995.)

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

             Representatives Lisk and Romero spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5516 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5516 as amended by the House, and the bill passed the House by the following vote: Yeas - 92, Nays - 4, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, 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 - 92.

             Voting nay: Representatives Benton, Hargrove, Pennington and Sherstad - 4.

             Excused: Representative Mulliken - 1.

             Substitute Senate Bill No. 5516, as amended by the House, having received the constitutional majority, was declared passed.

             There being no objection, the House deferred consideration of Substitute Senate Bill No. 5606 and the bill held it's place on the second reading calendar.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 5607, by Senate Committee on Ways & Means (originally sponsored by Senators Gaspard, Cantu, Haugen, Prentice, Wood, Snyder, Long, A. Anderson, Deccio, Kohl, Wojahn, Oke, Rasmussen and Winsley; by request of State Auditor)

Auditing state government.

             The bill was read the second time.

             There being no objection, the committee amendment was moved. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 3, 1995.)

             Representative Backlund moved adoption of the following amendment to the committee amendment by Representative Backlund:

             On page 1, line 14 of the amendment, beginning with "of rehabilitation" strike all the matter through "development" on line 18, and insert "required under sections 3 through 5 of this act"

             On page 3, after line 2 of the amendment, insert:

             "NEW SECTION. Sec. 3. Subject to the provisions of sections 2 and 6 of this act, the state auditor shall undertake a comprehensive performance audit of the rehabilitation and job support services provided by the department of social and health services.

             NEW SECTION. Sec. 4. Subject to the provisions of sections 2 and 6 of this act, the state auditor shall undertake a comprehensive performance audit of the programs, services, and activities operated by the superintendent of public instruction.

             NEW SECTION. Sec. 5. Subject to the provisions of sections 2 and 6 of this act, the state auditor shall undertake a comprehensive performance audit of the department of community, trade, and economic development.

             NEW SECTION. Sec. 6. If specific funding for the performance audit specified under section 3 of this act, referencing section 3 of this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, section 3 of this act shall not be implemented and is null and void unless specific funding for the performance audit, referencing section 3 of this act, is provided by June 30, 1996, in the omnibus appropriations act for the second year of the biennium.

             If specific funding for the performance audit specified under section 4 of this act, referencing section 4 of this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, section 4 of this act shall not be implemented and is null and void unless specific funding for the performance audit, referencing section 4 of this act, is provided by June 30, 1996, in the omnibus appropriations act for the second year of the biennium.

             If specific funding for the performance audit specified under section 5 of this act, referencing section 5 of this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, section 5 of this act shall not be implemented and is null and void unless specific funding for the performance audit, referencing section 5 of this act, is provided by June 30, 1996, in the omnibus appropriations act for the second year of the biennium."

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

             Representative Backlund spoke in favor of the adoption of the amendment to the committee amendment.

             The amendment to the committee amendment was adopted.

             With the consent of the House, amendment numbers 769 and 731 to Engrossed Substitute Senate Bill No. 5607 were withdrawn.

             Representative Conway moved adoption of the following amendment to the committee amendment by Representative Conway:

             On page 10, after line 5 of the amendment, insert the following:

             "NEW SECTION. Sec. 5. A new section is added to chapter 43.88 RCW to read as follows:

             (1) All budget documents submitted by the governor to the legislature shall:

             (a) Identify the costs and the number of full-time equivalent employees associated with each discrete program, function, and activity of each state agency;

             (b) Identify administrative staffing levels and administrative costs associated with each discrete program, function, and activity of each state agency; and

             (c) Contain an estimate of the amount of funds or benefits that reach the intended recipients of the program or activity.

             (2) The requirements in this section shall apply both when the costs described in subsection (1) of this section are included in the budget base and when the costs are incremental changes to the base."

             On page 10, line 15 of the title amendment, after "43.88.090;" insert "adding a new section to chapter 43.88 RCW;"

POINT OF ORDER

             Representative Backlund: Thank you Mr. Speaker. I would request a ruling on the scope and object of the amendment to the committee amendment.

             There being no objection, the House deferred further consideration of Engrossed Substitute Senate Bill No. 5607 and the bill held it's place on the second reading calendar.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 5616, by Senate Committee on Natural Resources (originally sponsored by Senators Gaspard, Sellar, Haugen, Hochstatter, Drew, A. Anderson, Swecker, Newhouse, Deccio, Rasmussen, Winsley and Morton)

Establishing a single-application process for watershed restoration projects.

             The bill was read the second time.

             There being no objection, the committee amendment was adopted. Committee on Natural Resources recommendation: Majority, do pass as amended. (For committee amendment see Journal, 82nd Day, March 31, 1995.)

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

             Representative Buck spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5616 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5616 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, 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: Representative Mulliken - 1.

             Engrossed Substitute Senate Bill No. 5616, as amended by the House, having received the constitutional majority, was declared passed.

             There being no objection, the House deferred consideration of Engrossed Second Substitute Senate Bill No. 5633 and the bill held it's place on the second reading calendar.

             SUBSTITUTE SENATE BILL NO. 5739, by Senate Committee on Ways & Means (originally sponsored by Senators Strannigan, Rinehart, Johnson, Quigley, Long, Owen, Cantu, Hale, Finkbeiner, McCaslin, Palmer, Hochstatter, McDonald, Spanel, Schow, Prentice, Moyer, Loveland, Swecker, West, Rasmussen, Smith, Drew, Haugen, Franklin, Fairley, A. Anderson, Wojahn, Heavey, McAuliffe, Kohl, Hargrove, Oke and Bauer)

Exempting certain sales by nonprofit organizations from sales and use taxes.

             The bill was read the second time.

             There being no objection, the committee amendment was adopted. Committee on Finance recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 3, 1995.)

             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 Dickerson spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5739 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5739 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, 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: Representative Mulliken - 1.

             Substitute Senate Bill No. 5739, as amended by the House, 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. 2082, House Bill No. 2087, Engrossed Senate Bill No. 5011, Senate Bill No. 5060, Substitute Senate Bill No. 5084, Senate Bill No. 5108 and Senate Bill No. 5272.

             HOUSE BILL NO. 2082, by Representative Chandler

Eliminating the wood stove education 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.

             Representative Chandler 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 House Bill No. 2082.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 2082, and the bill passed the House by the following vote: Yeas - 69, Nays - 27, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, 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, 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 - 69.

             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 Mulliken - 1.

             House Bill No. 2082, having received the constitutional majority, was declared passed.

             HOUSE BILL NO. 2087, by Representative Brumsickle

Clarifying the use of in-service continuing education and college credits for compensation allocations under the teachers' salary schedule.

             The bill was read the second time. There being no objection, Substitute House Bill No. 2087 was substituted for House Bill No. 2087 and the substitute bill was placed on second reading.

             Substitute House Bill No. 2087 was read the second time.

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

             On page 2, line 18, after "28A.300.138." insert "Once credits earned by certificated instructional staff are approved by a school district, the credits shall be counted even if a certificated instructional staff member transfers to other school districts."

             Representatives Brumsickle and Cole spoke in favor of the adoption of the amendment.

             The amendment was adopted.

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

             On page 3, after line 13, insert the following:

             " Sec. 3. A new section is added to Chapter 28A.410 RCW to read as follows:

             In carrying out its duties and responsibilities under RCW 28A.410.010, after September 1, 1995, the state board of education shall not require certificated personnel who have obtained a continuing certificate to complete continuing education coursework as a condition for retaining their continuing certificate."

             Correct the title accordingly.

POINT OF ORDER

             Representative Rust: Thank you Mr. Speaker. I would request a ruling on the scope and object of the amendment.

             There being no objection, the House deferred further consideration of Substitute House Bill No. 2087 and the bill held it's place on the second reading calendar.

             ENGROSSED SENATE BILL NO. 5011, by Senator Owen

Concerning specialized forest product permits.

             The bill was read the second time.

             There being no objection, the committee amendment was adopted. Committee on Natural Resources recommendation: Majority, do pass as amended. (For committee amendment see Journal, 82nd Day, March 31, 1995.)

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

             Representatives Fuhrman, Sheldon and Basich spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 5011 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5011 as amended by the House, and the bill passed the House by the following vote: Yeas - 89, Nays - 7, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Ballasiotes, Basich, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, 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, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 89.

             Voting nay: Representatives Backlund, Beeksma, Crouse, Goldsmith, Pennington, Regala and Thomas, B. - 7.

             Excused: Representative Mulliken - 1.

             Engrossed Senate Bill No. 5011, as amended by the House, having received the constitutional majority, was declared passed.

             SENATE BILL NO. 5060, by Senators Haugen and Winsley

Regulating publication of legal notices by political subdivisions.

             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 Reams and Rust spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Senate Bill No. 5060.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 5060, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, 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: Representative Mulliken - 1.

             Senate Bill No. 5060, having received the constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 5084, by Senate Committee on Transportation (originally sponsored by Senators Drew, Prince, Haugen, Wood, Fairley, Franklin, Deccio and Sheldon; by request of Department of General Administration)

Reducing commute trips.

             The bill was read the second time.

             There being no objection, the committee amendment was adopted. Committee on Transportation recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 3, 1995.)

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

             Representatives Brown and K. Schmidt spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5084 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5084 as amended by the House, and the bill passed the House by the following vote: Yeas - 82, Nays - 14, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Jacobsen, Johnson, Kessler, Kremen, Lambert, Lisk, Mason, Mastin, McMorris, Mielke, Mitchell, Morris, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Smith, Sommers, Talcott, Thibaudeau, Thomas, L., Thompson, Tokuda, Valle, Veloria, Wolfe and Mr. Speaker - 82.

             Voting nay: Representatives Beeksma, Benton, Crouse, Fuhrman, Goldsmith, Hargrove, Hymes, Koster, McMahan, Pennington, Sherstad, Stevens, Thomas, B. and Van Luven - 14.

             Excused: Representative Mulliken - 1.

             Substitute Senate Bill No. 5084, as amended by the House, having received the constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAl

             I intended to vote YEA on Substitute Senate Bill No. 5084.

DON BENTON, 17th District

             SENATE BILL NO. 5108, by Senators Snyder, Winsley and Palmer

Concerning the hunter education training 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.

             Representative Fuhrman spoke in favor of passage of the bill.

             Representative Chappell spoke against passage of the bill.

             The Speaker stated the question before the House to be final passage of Senate Bill No. 5108.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 5108, and the bill passed the House by the following vote: Yeas - 76, Nays - 20, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Conway, Cooke, Crouse, 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, Patterson, Pelesky, Pennington, Poulsen, 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 - 76.

             Voting nay: Representatives Brown, Chappell, Chopp, Cody, Cole, Costa, Dellwo, Fisher, R., Mason, Ogden, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 20.

             Excused: Representative Mulliken - 1.

             Senate Bill No. 5108, having received the constitutional majority, was declared passed.

             There being no objection, the House considered the following bills in the following order: Engrossed Second Substitute Senate Bill No. 5632, Substitute Senate Bill No. 5780, Senate Bill No. 5848 and Substitute Senate Bill No. 5905.

             ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5632, by Senate Committee on Ways & Means (originally sponsored by Senators A. Anderson, Drew, Owen, Hargrove, Swecker, Morton, Hale, Haugen, Finkbeiner, Strannigan, Moyer, Palmer, Johnson, Quigley and Rasmussen)

Providing for flood damage reduction.

             The bill was read the second time.

             There being no objection, the committee amendment was adopted. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 3, 1995.)

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

             Representatives Johnson, Koster, Hymes, Sheldon, Beeksma and Carrell spoke in favor of passage of the bill.

             Representatives Rust and Regala spoke against passage of the bill.

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

MOTION

             On motion of Representative Brown, Representative Morris was excused.

             The Speaker stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 5632 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5632 as amended by the House, and the bill passed the House by the following vote: Yeas - 70, Nays - 25, Absent - 0, Excused - 2.

             Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, 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, McMahan, McMorris, Mielke, Mitchell, Patterson, 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 - 70.

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

             Excused: Representatives Morris and Mulliken - 2.

             Engrossed Second Substitute Senate Bill No. 5632, as amended by the House, having received the constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 5780, by Senate Committee on Financial Institutions & Housing (originally sponsored by Senators Prentice, Deccio and C. Anderson)

Regulating viatical settlements.

             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 Smith and Wolfe spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5780.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5780, and the bill passed the House by the following vote: Yeas - 84, Nays - 11, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Kremen, Lambert, Lisk, Mason, Mastin, Mielke, Mitchell, Ogden, 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, Talcott, Thibaudeau, Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 84.

             Voting nay: Representatives Beeksma, Benton, Crouse, Fuhrman, Goldsmith, Hargrove, Koster, McMahan, McMorris, Stevens and Thomas, B. - 11.

             Excused: Representatives Morris and Mulliken - 2.

             Substitute Senate Bill No. 5780, having received the constitutional majority, was declared passed.

             SENATE BILL NO. 5848, by Senator Smith

Providing for retrocession of criminal jurisdiction by the Tulalip Tribe.

             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 Robertson and Costa spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Senate Bill No. 5848.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 5848, and the bill passed the House by the following vote: Yeas - 84, Nays - 11, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Grant, Hankins, Hatfield, Hickel, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Kremen, Lambert, Mason, Mastin, McMorris, Mielke, Mitchell, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Smith, Sommers, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Veloria, Wolfe and Mr. Speaker - 84.

             Voting nay: Representatives Crouse, Goldsmith, Hargrove, Honeyford, Koster, Lisk, McMahan, Pennington, Sherstad, Stevens and Van Luven - 11.

             Excused: Representatives Morris and Mulliken - 2.

             Senate Bill No. 5848, having received the constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 5905, by Senate Committee on Law & Justice (originally sponsored by Senators Long, Hargrove, Roach, Smith, Winsley, Schow, Swecker, Haugen, Quigley, Hale, Strannigan, McCaslin, Finkbeiner, West, Bauer, Rasmussen and Oke)

Penalizing persistent prison misbehavior.

             The bill was read the second time.

             There being no objection, the committee amendment was adopted. Committee on Corrections recommendation: Majority, do pass as amended. (For committee amendment see Journal, 82nd Day, March 31, 1995.)

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

             Representatives Ballasiotes and Costa spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5905 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5905 as amended by the House, and the bill passed the House by the following vote: Yeas - 84, Nays - 11, Absent - 0, Excused - 2.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, 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, Ogden, Patterson, Pelesky, Pennington, Poulsen, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Valle, Van Luven, Wolfe and Mr. Speaker - 84.

             Voting nay: Representatives Brown, Chopp, Cody, Cole, Dickerson, Mason, Quall, Rust, Thibaudeau, Tokuda and Veloria - 11.

             Excused: Representatives Morris and Mulliken - 2.

             Substitute Senate Bill No. 5905, as amended by the House, having received the constitutional majority, was declared passed.

             The Speaker declared the House to be at ease.

             The Speaker called the House to order.

             ENGROSSED SENATE BILL NO. 5770, by Senators Pelz, Newhouse and Deccio; by request of Employment Security Department

Providing for unemployment insurance claimant profiling.

             The bill was read the second time.

             There being no objection, the committee amendment was moved. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment see Journal, 82nd Day, March 31, 1995.)

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

             On page 1, beginning on line 15 of the amendment, strike all of subsections (2) and (3) and insert the following:

             "(2) An individual shall be considered to be in training with the approval of the commissioner if the individual is one who:

             (a)(i) The commissioner determines to be a dislocated worker as defined by RCW 50.04.075; or

             (ii) Fits the department's profile of unemployed workers who are likely to exhaust their benefits; and ((who))

             (b) Is satisfactorily progressing in a training program approved by the commissioner ((shall be considered to be in training with the approval of the commissioner)).

             (3) At the time of filing for an initial determination, individuals determined to be dislocated workers as defined in RCW 50.04.075 or who fit the department's profile of unemployed workers who are likely to exhaust their benefits shall be provided with information concerning the opportunity, if the individual is otherwise eligible, to receive benefits while satisfactorily progressing in training approved by the commissioner."

             Representatives Lisk and Romero spoke in favor of the adoption of the amendment to the committee amendment.

             The amendment to the committee amendment was adopted.

             The committee amendment as amended was adopted.

             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.

             The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 5770 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5770 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, 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: Representative Mulliken - 1.

             Engrossed Senate Bill No. 5770, as amended by the House, having received the constitutional majority, was declared passed.

             There being no objection, the House returned to Senate Bill No. 5544.

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

             Strike everything after the enacting clause and insert the following:

             "Sec. 1. RCW 43.143.010 and 1989 1st ex.s. c 2 s 9 are each amended to read as follows:

             (1) The purpose of this chapter is to articulate policies and establish guidelines for the exercise of state and local management authority over Washington's coastal waters, seabed, and shorelines.

             (2) There shall be no leasing of Washington's tidal or submerged lands extending from mean high tide seaward three miles along the Washington coast from Cape Flattery south to Cape Disappointment, nor in Grays Harbor, Willapa Bay, and the Columbia river downstream from the Longview bridge, for purposes of oil or gas exploration, development, or production until at least July 1, ((1995)) 2000. During the ((1995)) 2000 legislative session, the legislature shall determine whether the moratorium on leasing should be extended past July 1, ((1995)) 2000. This determination shall be based on the information available at that time, including the analysis described in RCW 43.143.040. If the legislature does not extend the moratorium on leasing, the moratorium will end on July 1, ((1995)) 2000. At any time that oil or gas leasing, exploration, and development are allowed to occur, these activities shall be required to meet or exceed the standards and criteria contained in RCW 43.143.030.

             (3) When conflicts arise among uses and activities, priority shall be given to resource uses and activities that will not adversely impact renewable resources over uses which are likely to have an adverse impact on renewable resources.

             (4) It is the policy of the state of Washington to actively encourage the conservation of liquid fossil fuels, and to explore available methods of encouraging such conservation.

             (5) It is not currently the intent of the legislature to include recreational uses or currently existing commercial uses involving fishing or other renewable marine or ocean resources within the uses and activities which must meet the planning and review criteria set forth in RCW 43.143.030. It is not the intent of the legislature, however, to permanently exclude these uses from the requirements of RCW 43.143.030. If information becomes available which indicates that such uses should reasonably be covered by the requirements of RCW 43.143.030, the permitting government or agency may require compliance with those requirements, and appeals of that decision shall be handled through the established appeals procedure for that permit or approval.

             (6) The state shall participate in federal ocean and marine resource decisions to the fullest extent possible to ensure that the decisions are consistent with the state's policy concerning the use of those resources."

             On page 1, line 1 of the title, after "resources;" strike the remainder of the title and insert "and amending RCW 43.143.010."

             Representatives Buck, Pennington, Fuhrman and Carrell spoke in favor of the adoption of the amendment.

             Representatives Romero, Basich, Sheldon, Ebersole, Kessler, Brown and Regala spoke against the adoption of the amendment.

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

             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 striking amendment, to Senate Bill No. 5544 and the amendment was adopted by the following vote: Yeas - 55, Nays - 41, Absent - 0, Excused - 1.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mitchell, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 55.

             Voting nay: Representatives Appelwick, Basich, Brown, Cairnes, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Mielke, Morris, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Schmidt, K., Scott, Sheldon, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 41.

             Excused: Representative Mulliken - 1.

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

             Representative Buck spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Senate Bill No. 5544 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 5544 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, 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: Representative Mulliken - 1.

             Senate Bill No. 5544, as amended by the House, having received the constitutional majority, was declared passed.

POINT OF PERSONAL PRIVILEGE

             Representative Kessler: Thank you Mr. Speaker. Well, this afternoon Mr. Speaker I had a moment in my life here on the floor that was very embarrassing for me. I honestly, I couldn't believe it when one of our young Pages delivered, and I'm not going to open it up to the offensive page, but delivered this package and three of us were sitting there having a discussion on the floor, and one of the members started flipping through it, there was a man present when this was happening and I looked at it and I have to quite frankly tell you that I was appalled, I was embarrassed, and I can't believe that this was necessary to get a point across, to show a picture of a woman in that position. I mean I've raised four children to adulthood and I've kept that kind of literature out of my home, because I choose not to look at it. And I did not anticipate seeing a young child carry this piece of pornography to every members desk in this body. I am embarrassed. I am totally embarrassed. And I think the member who distributed it owes many of us an apology. And I'm sorry it does cut across both sides of the aisle. I think many of us would not choose to look at this kind of literature. And I really hope that he will consider apologizing to the body. Thank you Mr. Speaker.

             Speaker: Representative Kessler, the Speaker would like to point out that any materials that are to be passed out to the members desks will be approved by the Speaker, that is the Rule. The Rule was not followed.

             I have made that clearly known to our Caucus and I'm making it known to all members at this time. And the purpose of that Rule is to make sure that materials are being placed. There are times that members wish to place materials for various reasons, my concern is with what happens with this membership. Those were not approved and were distributed and I have already taken action to make it very clear that in the future there are no materials distributed unless I or the person I appoint, which is the Chief Clerk, approves those.

             Representative Kessler: Thank you very much.

POINT OF PERSONAL PRIVILEGE

             Representative Goldsmith: Thank you Mr. Speaker. When it was mailed to me through the United States Mail, I also considered it pornography. But it was published in one of our Universities's newspapers.

             Speaker. Representative Goldsmith, What we're dealing with here is the Rules of the House. And even though people may do things that are offensive to us in other areas we do not control those areas, here we do control those areas and the point the Speaker is trying to make is we will be making decisions based on our decisions on what materials will be passed out here from either side of the aisle. And quite frankly there's been material from both sides of the aisle that we've had to say no on. And I can assure you that in the future there will be additional times that the Speaker is going to be saying no and quite frankly sometimes people are trying to make political positions and I will not have that either. And I will not have this particular material passed out.

POINT OF PERSONAL PRIVILEGE

             Representative Ebersole: Thank you Mr. Speaker. Let me say that we appreciate the decision of the Chair to be a reasonable and fair one.

             SENATE BILL NO. 5895, by Senator Snyder

Permitting the exchange of state park lands within the Seashore Conservation Area.

             The bill was read the second time.

             With the consent of the House, amendment numbers 692 and 726 to Senate Bill No. 5895 were withdrawn.

             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 Senate Bill No. 5895.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 5895, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, 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: Representative Mulliken - 1.

             Senate Bill No. 5895, having received the constitutional majority, was declared passed.

             There being no objection, the House considered the following bills in the following order: Substitute Senate Bill No. 5315, Engrossed Second Substitute Senate Bill No. 5448, Engrossed Second Substitute Senate Bill No. 5633, House Bill No. 2084, Senate Bill No. 5272, Substitute Senate Bill No. 5325, Senate Bill No. 5748 and Substitute Senate Joint Memorial No. 8012.

             There being no objection, the House resumed consideration of Substitute Senate Bill No. 5315.

SPEAKER'S RULING

             Representative Rust. Your request for a Scope and Object on a section of the bill to Substitute Senate Bill No. 5315.

             The title of the bill is "AN ACT Relating to Agriculture and Marketing. In the original bill there was no reference to Alternative Livestock, therefore your Point is well taken.

             There being no objection, the House deferred further consideration of Substitute Senate Bill No. 5315 and Engrossed Second Substitute Senate Bill No. 5448 and the bills held their place on the second reading calendar.

             ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 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.

             The bill was read the second time.

             There being no objection, the committee amendment was not adopted. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 85th Day, April 3, 1995.)

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

             Strike everything after the enacting clause and insert the following:

             "NEW SECTION. Sec. 1. The legislature finds that:

             (1) Spartina alterniflora, Spartina anglica, Spartina x townsendii, and Spartina patens which are collectively called spartina are not native to the state of Washington nor to the west coast of North America. This noxious weed was inadvertently introduced into the wetlands of the state and is now aggressively invading new areas to the detriment of native ecosystems and aquatic habitat. The spread of spartina threatens to permanently convert and displace native freshwater and saltwater wetlands and intertidal zones, including critical habitat for migratory birds, many fish species, bivalves, invertebrates, marine mammals, and other animals. The continued spread of spartina will permanently reduce the diversity and the quantity of these species and will have a significant negative environmental impact.

             Spartina poses a significant hydrological threat. Clumps and meadows of spartina are dense environments that bind sediments and lift the intertidal gradient up out of the intertidal zone through time. This process reduces flows during flood conditions, raises flood levels, and significantly alters the hydrological regime of estuarine areas.

             Spartina spreads by rhizomes and seed production. Through lateral growth by rhizomes, spartina establishes a dense monotypic meadow. Through seed production and the spread of seed through the air and by water, spartina is currently being spread to other states and to Canadian provinces.

             (2) Purple loosestrife was first documented in the state in 1929 along freshwater shorelands. It is now present throughout the state and is particularly abundant in Grant county and its neighboring counties. The plant appears to be colonizing more rapidly on the eastern side of the state than on the western side. It was first introduced to the Winchester Wasteway area in the 1960's and has invaded the area rapidly. Purple loosestrife is displacing native plants and as a result is threatening an extremely important part of this state's wildlife habitat. Lythrum salicaria and L. virgatum are closely related loosestrife species that are morphologically similar and not easily distinguished from each other in the field. Both species have been referred to as purple loosestrife.

             (3) Current laws and rules designed to protect the environment and preserve the wetland habitats, fish, and wildlife of the state are not designed to respond to an ecosystem-wide threat of this kind. State and federal agencies, local governments, weed boards, concerned individuals, and property owners attempting to deal with the ecological emergency posed by spartina and purple loosestrife infestations have been frustrated by interagency disagreements, demands for an undue amount of procedural and scientific process and information, dilatory appeals, and the improper application of laws and regulations by agencies that have in fact undermined the legislative purposes of those same laws while ignoring the long-term implications of delay and inaction. There is a compelling need for strong leadership, coordination, and reporting by a single state agency to respond appropriately to this urgent environmental challenge.

             Any further delay of control efforts will significantly increase the cost of spartina and purple loosestrife control and reduce the likelihood of long-term success. Control efforts must be coordinated across political and ownership boundaries in order to be effective.

             (4) The presence of noxious weeds on public lands constitutes a public nuisance and negatively impacts public and private lands. The legislature finds that control and eradication of noxious weeds on private lands is in the public interest.

             NEW SECTION. Sec. 2. This state is facing an environmental disaster that will affect other states as well as other nations. The legislature finds that six years is sufficient time for state agencies to debate solutions to the spartina and purple loosestrife problems that are occurring in state waters. One of the purposes of this act is to focus agency action on control and future eradication of spartina and purple loosestrife. It is the mandate of the legislature that one state agency, the department of agriculture, be responsible for a unified effort to eliminate spartina and control purple loosestrife, with the advice of the state noxious weed control board, and that state agency shall be directly accountable to the legislature on the progress of the spartina eradication and purple loosestrife control program.

             NEW SECTION. Sec. 3. A new section is added to chapter 90.48 RCW to read as follows:

             (1) The director shall issue or approve water quality permits for use by federal, state, or local governmental agencies and licensed applicators for the purpose of using, for aquatic noxious weed control, herbicides and surfactants registered under state or federal pesticide control laws. The issuance of the permits shall be subject only to compliance with: Federal and state pesticide label requirements, the requirements of the federal insecticide, fungicide, and rodenticide act, the Washington pesticide control act, the Washington pesticide application act, and the state environmental policy act; and applicable requirements established in an option or options recommended for controlling the noxious weed by a final environmental impact statement published under chapter 43.21C RCW by the department prior to the effective date of this section, by the department of agriculture, or by the department of agriculture jointly with other state agencies. This section may not be construed as requiring the preparation of a new environmental impact statement to replace a final environmental impact statement published before the effective date of this section.

             (2) The director of ecology may not utilize this permit authority to otherwise condition or burden weed control efforts. The director's authority to issue water quality modification permits for activities other than the application of surfactants and approved herbicides, to control aquatic noxious weeds, is unaffected by this section.

             (3) As used in this section, "aquatic noxious weed" means an aquatic weed on the state noxious weed list adopted under RCW 17.10.080.

             NEW SECTION. Sec. 4. A new section is added to chapter 75.20 RCW to read as follows:

             (1) An activity conducted solely for the removal or control of spartina shall not require hydraulic project approval.

             (2) An activity conducted solely for the removal or control of purple loosestrife and which is performed with hand-held tools, hand-held equipment, or equipment carried by a person when used shall not require hydraulic project approval.

             (3) By June 30, 1997, the department of fish and wildlife shall develop rules for projects conducted solely for the removal or control of various aquatic noxious weeds other than spartina and purple loosestrife and for activities or projects for controlling purple loosestrife not covered by subsection (2) of this section, which projects will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. Following the adoption of the rules, the department shall produce and distribute a pamphlet describing the methods of removing or controlling the aquatic noxious weeds that are approved under the rules. The pamphlet serves as the hydraulic project approval for any project that is conducted solely for the removal or control of such aquatic noxious weeds and that is conducted as described in the pamphlet; no further hydraulic project approval is required for such a project.

             From time to time as information becomes available, the department shall adopt similar rules for additional aquatic noxious weeds or additional activities for removing or controlling aquatic noxious weeds not governed by subsection (1) or (2) of this section and shall produce and distribute one or more pamphlets describing these methods of removal or control. Such a pamphlet serves as the hydraulic project approval for any project that is conducted solely for the removal or control of such aquatic noxious weeds and that is conducted as described in the pamphlet; no further hydraulic project approval is required for such a project.

             (4) As used in this section, "spartina," "purple loosestrife," and "aquatic noxious weeds" have the meanings prescribed by section 12 of this act.

             (5) Nothing in this section shall prohibit the department of fish and wildlife from requiring a hydraulic project approval for those parts of hydraulic projects that are not specifically for the control or removal of spartina, purple loosestrife, or other aquatic noxious weeds.

             Sec. 5. RCW 90.58.030 and 1987 c 474 s 1 are each amended to read as follows:

             As used in this chapter, unless the context otherwise requires, the following definitions and concepts apply:

             (1) Administration:

             (a) "Department" means the department of ecology;

             (b) "Director" means the director of the department of ecology;

             (c) "Local government" means any county, incorporated city, or town which contains within its boundaries any lands or waters subject to this chapter;

             (d) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated;

             (e) "Hearing board" means the shoreline hearings board established by this chapter.

             (2) Geographical:

             (a) "Extreme low tide" means the lowest line on the land reached by a receding tide;

             (b) "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water;

             (c) "Shorelines of the state" are the total of all "shorelines" and "shorelines of state-wide significance" within the state;

             (d) "Shorelines" means all of the water areas of the state, including reservoirs, and their associated wetlands, together with the lands underlying them; except (i) shorelines of state-wide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes;

             (e) "Shorelines of state-wide significance" means the following shorelines of the state:

             (i) The area between the ordinary high water mark and the western boundary of the state from Cape Disappointment on the south to Cape Flattery on the north, including harbors, bays, estuaries, and inlets;

             (ii) Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide as follows:

             (A) Nisqually Delta--from DeWolf Bight to Tatsolo Point,

             (B) Birch Bay--from Point Whitehorn to Birch Point,

             (C) Hood Canal--from Tala Point to Foulweather Bluff,

             (D) Skagit Bay and adjacent area--from Brown Point to Yokeko Point, and

             (E) Padilla Bay--from March Point to William Point;

             (iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low tide;

             (iv) Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark;

             (v) Those natural rivers or segments thereof as follows:

             (A) Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at one thousand cubic feet per second or more,

             (B) Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer;

             (vi) Those wetlands associated with (i), (ii), (iv), and (v) of this subsection (2)(e);

             (f) "Wetlands" or "wetland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all marshes, bogs, swamps, and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology: PROVIDED, That any county or city may determine that portion of a one-hundred-year-flood plain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom;

             (g) "Floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. The floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.

             (3) Procedural terms:

             (a) "Guidelines" means those standards adopted to implement the policy of this chapter for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards shall also provide criteria to local governments and the department in developing master programs;

             (b) "Master program" shall mean the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020;

             (c) "State master program" is the cumulative total of all master programs approved or adopted by the department of ecology;

             (d) "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level;

             (e) "Substantial development" shall mean any development of which the total cost or fair market value exceeds two thousand five hundred dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state; except that the following shall not be considered substantial developments for the purpose of this chapter:

             (i) Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements;

             (ii) Construction of the normal protective bulkhead common to single family residences;

             (iii) Emergency construction necessary to protect property from damage by the elements;

             (iv) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on wetlands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels: PROVIDED, That a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the wetlands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;

             (v) Construction or modification of navigational aids such as channel markers and anchor buoys;

             (vi) Construction on wetlands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter;

             (vii) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multiple family residences, the cost of which does not exceed two thousand five hundred dollars;

             (viii) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water for the irrigation of lands;

             (ix) The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;

             (x) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system;

             (xi) Any action commenced prior to December 31, 1982, pertaining to (A) the restoration of interim transportation services as may be necessary as a consequence of the destruction of the Hood Canal bridge, including, but not limited to, improvements to highways, development of park and ride facilities, and development of ferry terminal facilities until a new or reconstructed Hood Canal bridge is open to traffic; and (B) the reconstruction of a permanent bridge at the site of the original Hood Canal bridge;

             (xii) The process of removing or controlling an aquatic noxious weed, as defined in section 12 of this act, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the department of agriculture or the department jointly with other state agencies under chapter 43.21C RCW.

             Sec. 6. RCW 17.10.010 and 1987 c 438 s 1 are each amended to read as follows:

             Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:

             (1) "Noxious weed" means any plant which when established is highly destructive, competitive, or difficult to control by cultural or chemical practices.

             (2) "State noxious weed list" means a list of noxious weeds adopted by the state noxious weed control board which list is divided into three classes:

             (a) Class A shall consist of those noxious weeds not native to the state that are of limited distribution or are unrecorded in the state and that pose a serious threat to the state;

             (b) Class B shall consist of those noxious weeds not native to the state that are of limited distribution or are unrecorded in a region of the state and that pose a serious threat to that region;

             (c) Class C shall consist of any other noxious weeds.

             (3) "Person" means any individual, partnership, corporation, firm, the state or any department, agency, or subdivision thereof, or any other entity.

             (4) "Owner" means the person in actual control of property, or his agent, whether such control is based on legal or equitable title or on any other interest entitling the holder to possession and, for purposes of liability, pursuant to RCW 17.10.170 or 17.10.210, means the possessor of legal or equitable title or the possessor of an easement: PROVIDED, That when the possessor of an easement has the right to control or limit the growth of vegetation within the boundaries of an easement, only the possessor of such easement shall be deemed, for the purpose of this chapter, an "owner" of the property within the boundaries of such easement.

             (5) As pertains to the duty of an owner, the words "control", "contain", "eradicate", and the term "prevent the spread of noxious weeds" shall mean conforming to the standards of noxious weed control or prevention adopted by rule or regulation by the state noxious weed control board and an activated county noxious weed control board.

             (6) "Agent" means any occupant or any other person acting for the owner and working or in charge of the land.

             (7) "Agricultural purposes" are those which are intended to provide for the growth and harvest of food and fiber.

             (8) "Director" means the director of the department of agriculture or the director's appointed representative.

             (9) "Weed district" means a weed district as defined in chapters 17.04 and 17.06 RCW.

             (10) "Aquatic noxious weed" means an aquatic plant species that is listed on the state weed list under RCW 17.10.080.

             Sec. 7. RCW 90.48.020 and 1987 c 109 s 122 are each amended to read as follows:

             Whenever the word "person" is used in this chapter, it shall be construed to include any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual or any other entity whatsoever.

             Wherever the words "waters of the state" shall be used in this chapter, they shall be construed to include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the state of Washington.

             Whenever the word "pollution" is used in this chapter, it shall be construed to mean such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

             Wherever the word "department" is used in this chapter it shall mean the department of ecology.

             Whenever the word "director" is used in this chapter it shall mean the director of ecology.

             Whenever the words "aquatic noxious weed" are used in this chapter, they have the meaning prescribed under section 12 of this act.

             NEW SECTION. Sec. 8. State agencies and local governments may not use any other local, state, or federal permitting requirement, regulatory authority, or legal mechanism to override the legislative intent and statutory mandates of this act.

             NEW SECTION. Sec. 9. Spartina removal shall include restoration to return intertidal land and other infested lands to the condition found on adjacent unaffected lands in the same tidal elevation. The department of fish and wildlife, the department of ecology, the department of agriculture, and the department of natural resources shall develop a restoration plan in cooperation with owners of spartina infested lands and shall submit the plan to the appropriate standing committees of the house of representatives and the senate by December 31, 1995.

             NEW SECTION. Sec. 10. (1) The state department of agriculture is the lead agency for the control of spartina and purple loosestrife with the advice of the state noxious weed control board.

             (2) Responsibilities of the lead agency include:

             (a) Coordination of the control program including memorandums of understanding, contracts, and agreements with local, state, federal, and tribal governmental entities and private parties;

             (b) Preparation of a state-wide spartina management plan utilizing integrated vegetation management strategies that encompass all of Washington's tidelands. The plan shall be developed in cooperation with local, state, federal, and tribal governments, private landowners, and concerned citizens. The plan shall prioritize areas for control. Nothing in this subsection prohibits the department from taking action to control spartina in a particular area of the state in accordance with a plan previously prepared by the state while preparing the state-wide plan;

             (c) Directing on the ground control efforts that include, but are not limited to: (i) Control work and contracts; (ii) spartina survey; (iii) collection and maintenance of spartina location data; (iv) purchasing equipment, goods, and services; (v) survey of threatened and endangered species; and (vi) site-specific environmental information and documents; and

             (d) Evaluating the effectiveness of the control efforts.

             The lead agency shall report to the appropriate standing committees of the house of representatives and the senate no later than May 15th and December 15th of each year through the year 1999 on the progress of the program, the number of acres treated by various methods of control, and on the funds spent.

             NEW SECTION. Sec. 11. This section applies to appropriations made to the department of agriculture specifically for the removal or control of spartina or purple loosestrife or both plants. The legislature finds that: The presence of spartina or purple loosestrife on private lands threatens wildlife habitat and provides a source of renewed infestation for public lands; and effective eradication or control of spartina or purple loosestrife requires concerted efforts on both public and private lands to protect public resources. The department of agriculture may grant funds to other state agencies, local governments, and nonprofit corporations for eradication or control purposes and may use those moneys itself. The department of agriculture may match private funds for eradication or control programs on private property on a fifty-fifty matching basis. The accounting and supervision of the funds at the local level shall be conducted by the department of agriculture.

             NEW SECTION. Sec. 12. (1) Facilitating the control of spartina and purple loosestrife is a high priority for all state agencies.

             (2) The department of natural resources is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the department of natural resources.

             (3) The department of fish and wildlife is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the department of fish and wildlife.

             (4) The state parks and recreation commission is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the state parks and recreation commission.

             (5) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this chapter, RCW 90.48.020, 90.58.030, and section 4 of this act:

             (a) "Spartina" means Spartina alterniflora, Spartina anglica, Spartina x townsendii, and Spartina patens.

             (b) "Purple loosestrife" means Lythrum salicaria and Lythrum virgatum.

             (c) "Aquatic noxious weed" means an aquatic weed on the state noxious weed list adopted under RCW 17.10.080.

             NEW SECTION. Sec. 13. Sections 1, 2, and 8 through 12 of this act shall constitute a new chapter in Title 17 RCW.

             NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

             NEW SECTION. Sec. 15. 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."

             On page 1, line 1 of the title, after "control;" strike the remainder of the title and insert "amending RCW 90.58.030, 17.10.010, and 90.48.020; adding a new section to chapter 90.48 RCW; adding a new section to chapter 75.20 RCW; adding a new chapter to Title 17 RCW; and declaring an emergency."

             Representative Talcott moved adoption of the following amendment to the amendment by Representative Talcott:

             On page 13, after line 22 insert the following:

             "NEW SECTION. Sec. 13. A new section is added to chapter 90.48 RCW to read as follows:

             The director shall issue water quality modification permits to licensed applicators for the purpose of using herbicides approved under federal pesticide control laws for controlling elodea, pond weed, and algae on Lake Steilacoom. The issuance of the permits shall be subject only to compliance with: federal and state pesticide label requirements; the requirements of the federal insecticide, fungicide, and rodenticide act; the Washington pesticide control act; and the Washington pesticide application act. The use of surfactants authorized for use with a pesticide as part of a state or federal label for the pesticide is regulated by the label and may not be further limited by the permit.

             The director of ecology may not use this permit authority to otherwise condition or burden control efforts for these plants. The director's authority to issue water quality modification permits for activities other than the application of surfactants and approved herbicides to control elodea, pond weed, and algae is unaffected by this section."

             On page 14, line 6 of the title amendment, strike "a new section" and insert "new sections"

             Representatives Talcott and Carrell spoke in favor of the adoption of the amendment to the amendment.

             Representatives Chandler and Hatfield spoke against the adoption of the amendment to the amendment.

             The amendment was not adopted.

             The striking amendment was adopted.

             The Speaker called on Representative Horn to preside.

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

             Representatives Chandler, Basich and Rust spoke in favor of passage of the bill.

MOTION

             On motion of Representative Talcott, Representative Foreman was excused.

             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 5633 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5633 as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, 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: Representative Mulliken - 1.

             Engrossed Second Substitute Senate Bill No. 5633, as amended by the House, having received the constitutional majority, was declared passed.

MESSAGES FROM THE SENATE

April 11, 1995

Mr. Speaker:

             The Senate has passed:

SUBSTITUTE HOUSE BILL NO. 1069,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1389,

HOUSE BILL NO. 1450,

HOUSE BILL NO. 1532,

HOUSE BILL NO. 1771,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2036,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

April 11, 1995

Mr. Speaker:

             The President has signed:

SENATE BILL NO. 5075,

SENATE BILL NO. 5806,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5868,

SENATE BILL NO. 5882,

ENGROSSED SENATE BILL NO. 5888,

SENATE BILL NO. 5894,

SENATE BILL NO. 6011,

SUBSTITUTE SENATE BILL NO. 6028,

SENATE JOINT MEMORIAL NO. 8004,

SENATE JOINT MEMORIAL NO. 8006,

and the same are herewith transmitted.

Marty Brown, Secretary

             HOUSE BILL NO. 2084, by Representatives Silver and Cooke

Eliminating the family policy council, including community network provisions.

             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 Cooke and Mitchell spoke in favor of passage of the bill.

             Representatives Thibaudeau, Mastin, Pennington, Sheldon, Costa, Elliot and Quall spoke against passage of the bill.

             Representative K. Schmidt demand the previous and the demand was sustained.

             The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 2084.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 2084, and the bill passed the House by the following vote: Yeas - 54, Nays - 41, Absent - 0, Excused - 2.

             Voting yea: Representatives Backlund, Ballasiotes, Benton, Blanton, Boldt, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Elliot, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Kessler, Koster, Kremen, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Morris, Ogden, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, K., Schoesler, Sheahan, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 54.

             Voting nay: Representatives Appelwick, Basich, Beeksma, Brown, Brumsickle, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Hymes, Jacobsen, Johnson, Mason, Mastin, Patterson, Poulsen, Quall, Regala, Romero, Rust, Schmidt, D., Scott, Sehlin, Sheldon, Thibaudeau, Thomas, B., Tokuda, Valle, Veloria and Wolfe - 41.

             Excused: Representatives Foreman and Mulliken - 2.

             House Bill No. 2084, having received the constitutional majority, was declared passed.

             There being no objection, the House deferred consideration of Senate Bill No. 5272 and the bill held it's place on the second reading calendar.

             SUBSTITUTE SENATE BILL NO. 5325, by Senate Committee on Higher Education (originally sponsored by Senators Rinehart, Bauer, Prince, Pelz, Sheldon, Kohl, Drew and Wood)

Changing higher education fiscal provisions.

             The bill was read the second time.

             There being no objection, the committee amendment was moved. Committee on Health Care recommendation: Majority, do pass as amended. (For committee amendment see Journal, 82nd Day, March 31, 1995.)

             Representative Jacobsen moved adoption of the following amendment to the committee amendment by Representative Jacobsen:

             On page 3, line 9, after "categories." insert "During the 1997-98 through 2000-01 academic years, a research university participating in the fiscal autonomy program under section 301 of this act may increase base tuition fees for any student category up to a maximum of fifteen percent each year."

             On page 4, line 38, after "categories." insert "During the 1997-98 through 2000-01 academic years, a regional university participating in the fiscal autonomy program under section 301 of this act may increase base tuition fees for any student category up to a maximum of fifteen percent each year."

             On page 12, line 18, after "act" insert ", minus the amount of revenue collected from raising base tuition fees above the level specified in sections 102(1) and 103(1) of this act by institutions participating in the fiscal autonomy pilot program under section 301 of this act,"

             On page 12, line 27, after "28B.15.910;" strike "and"

On page 12, line 30, after "act" strike "." and insert "; and"

             On page 12, after line 30, insert the following subsection:

             "(5) The general fund state appropriation shall not be reduced by the amount of revenue collected from raising base tuition fees above the level specified in sections 102(1) and 103(1) of this act by institutions participating in the fiscal autonomy pilot program under section 301 of this act."

             On page 19, after line 37, insert the following:

             "PART 3 - INSTITUTIONAL FISCAL AUTONOMY

             NEW SECTION. Sec. 301. A new section is added to chapter 28B.80 RCW to read as follows:

             The higher education coordinating board shall design and administer a higher education fiscal autonomy pilot program. In its administration of the pilot program, the board shall have the following powers and duties:

             (1)        In consultation with institutions of higher education and appropriate state agencies, identify state laws and rules that may inhibit effective fiscal decisions by institutions of higher education.

             (2)        Select one research and one regional university to participate in the pilot program.

             (3)        Work with state agencies to exempt participating institutions from state rules that inhibit effective fiscal decisions.

             (4)        By December 1, 1996, report to the governor and appropriate legislative committees with a preliminary report on the progress of the pilot program and with a list of state laws and rules that may need to be revised in order to encourage effective fiscal decisions by institutions of higher education.

             (5)        This section shall expire on June 30, 2001.

             Sec. 302. RCW 43.10.19054 and 1975-'76 2nd ex.s. c 21 s 7 are each amended to read as follows:

             The provisions of RCW 43.19.1905 shall not apply to materials, supplies, and equipment purchased for resale to other than public agencies by state agencies, including educational institutions. In addition, RCW 43.19.1905 shall not apply to purchases by institutions of higher education participating in the fiscal autonomy pilot program under section 301 of this act or liquor purchased by the state for resale under the provisions of Title 66 RCW.

             Sec. 303. RCW 41.06.382 and 1979 ex.s. c 46 s 1 are each amended to read as follows:

             (1) Nothing contained in this chapter shall prohibit any institution of higher education, as defined in RCW 28B.10.016, or related board from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract at such institution prior to April 23, 1979: PROVIDED, That except as provided in subsection (2) of this section, no such contract may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract.

             (2) An institution of higher education participating in the fiscal autonomy pilot program under section 301 of this act may purchase services by contract with individuals or business entities if the contract would not result in increased expenditures of public funds for the contracted service and if the contract would not result in the termination of classified employees employed at the institution on the effective date of this act.

             Sec. 304. RCW 43.88.110 and 1991 sp.s. c 32 s 27 and 1991 c 358 s 2 are each reenacted and amended to read as follows:

             This section sets forth the expenditure programs and the allotment and reserve procedures to be followed by the executive branch for public funds.

             (1) Allotments of an appropriation for any fiscal period shall conform to the terms, limits, or conditions of the appropriation.

             (2) The director of financial management shall provide all agencies with a complete set of operating and capital instructions for preparing a statement of proposed expenditures at least thirty days before the beginning of a fiscal period. The set of instructions need not include specific appropriation amounts for the agency.

             (3) Within forty-five days after the beginning of the fiscal period or within forty-five days after the governor signs the omnibus biennial appropriations act, whichever is later, all agencies shall submit to the governor a statement of proposed expenditures at such times and in such form as may be required by the governor.

             (4) Except as provided in subsection (9) of this section, the office of financial management shall develop a method for monitoring capital appropriations and expenditures that will capture at least the following elements:

             (a) Appropriations made for capital projects including transportation projects;

             (b) Estimates of total project costs including past, current, ensuing, and future biennial costs;

             (c) Comparisons of actual costs to estimated costs;

             (d) Comparisons of estimated construction start and completion dates with actual dates;

             (e) Documentation of fund shifts between projects.

             This data may be incorporated into the existing accounting system or into a separate project management system, as deemed appropriate by the office of financial management.

             (5) If at any time during the fiscal period the governor projects a cash deficit in a particular fund or account as defined by RCW 43.88.050, the governor shall make across-the-board reductions in allotments for that particular fund or account so as to prevent a cash deficit, unless the legislature has directed the liquidation of the cash deficit over one or more fiscal periods. Except for the legislative and judicial branches and other agencies headed by elective officials, the governor shall review the statement of proposed operating expenditures for reasonableness and conformance with legislative intent. Once the governor approves the statements of proposed operating expenditures, further revisions shall be made only at the beginning of the second fiscal year and must be initiated by the governor. However, changes in appropriation level authorized by the legislature, changes required by across-the-board reductions mandated by the governor, changes caused by executive increases to spending authority, and changes caused by executive decreases to spending authority for failure to comply with the provisions of chapter 36.70A RCW may require additional revisions. Revisions shall not be made retroactively. Revisions caused by executive increases to spending authority shall not be made after June 30, 1987. However, the governor may assign to a reserve status any portion of an agency appropriation withheld as part of across-the-board reductions made by the governor and any portion of an agency appropriation conditioned on a contingent event by the appropriations act. The governor may remove these amounts from reserve status if the across-the-board reductions are subsequently modified or if the contingent event occurs. The director of financial management shall enter approved statements of proposed expenditures into the state budgeting, accounting, and reporting system within forty-five days after receipt of the proposed statements from the agencies. If an agency or the director of financial management is unable to meet these requirements, the director of financial management shall provide a timely explanation in writing to the legislative fiscal committees.

             (6) Except as provided in subsection (9) of this section, it is expressly provided that all agencies shall be required to maintain accounting records and to report thereon in the manner prescribed in this chapter and under the regulations issued pursuant to this chapter. Within ninety days of the end of the fiscal year, all agencies shall submit to the director of financial management their final adjustments to close their books for the fiscal year. Prior to submitting fiscal data, written or oral, to committees of the legislature, it is the responsibility of the agency submitting the data to reconcile it with the budget and accounting data reported by the agency to the director of financial management.

             (7) Except as provided in subsection (9) of this section, the director of financial management shall monitor agency operating expenditures against the approved statement of proposed expenditures and shall provide the legislature with quarterly explanations of major variances.

             (8) The director of financial management may exempt certain public funds from the allotment controls established under this chapter if it is not practical or necessary to allot the funds. With the exception of exemptions that may be granted to institutions of higher education that are participating in the fiscal autonomy pilot program under section 301 of this act, allotment control exemptions expire at the end of the fiscal biennium for which they are granted. The director of financial management shall report any exemptions granted under this subsection to the legislative fiscal committees.

             (9) In consultation with the higher education coordinating board, the director of the office of financial management shall develop and implement a simplified allotment and reporting procedure for institutions of higher education participating in the fiscal autonomy pilot program under section 301 of this act."

             On page 20, line 23, strike "and 301 through 303" and insert "301 through 304, and 401 through 403"

             Renumber the remaining part and sections appropriately, and correct any internal references and the title accordingly.

             Representatives Jacobsen and Carlson spoke in favor of the adoption of the amendment to the committee amendment.

             Representatives Basich and Quall spoke against the adoption of the amendment to the committee amendment.

MOTION

             On motion of Representative Brown, Representatives Dellwo and Ebersole were excused.

             A division was called. The Speaker (Representative Horn presiding) called on the House to divide. The results of the division was: 62-YEAS, 29-NAYS. The amendment was adopted.

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

             On page 3, line 13, after "next academic year." strike "In any academic year" and insert "During the 1995-96 and 1996-97 academic years, the maximum percentage surcharge levied on base tuition for students in any tuition category shall be fifteen percent. Beginning with the 1997-98 academic year"

             On page 3, beginning on line 17, after "percent" strike all material through "year" on line 18

             On page 5, line 4, after "next academic year." strike "In any academic year" and insert "During the 1995-96 and 1996-97 academic years, the maximum percentage surcharge levied on base tuition for students in any tuition category shall be fifteen percent. Beginning with the 1997-98 academic year"

             On page 5, beginning on line 8, after "percent" strike all material through "year" on line 9

             On page 6, line 18, after "tuition." strike "Beginning in the 1997-98 academic year,"

             On page 6, beginning on line 21, after "year." strike "In any academic year" and insert "During the 1995-96 and 1996-97 academic years, the maximum percentage surcharge levied on base tuition for students in any tuition category shall be fifteen percent. Beginning with the 1997-98 academic year"

             On page 8, line 9, after "percent." insert "However, during the 1995-96 and 1996-97 academic years, the maximum percentage surcharge under this subsection (3)(b) shall be fifteen percent."

             Representatives Carlson, Jacobsen, Goldsmith and Foreman spoke in favor of the adoption of the amendment to the committee amendment.

             Representatives Cole, Quall, Basich, Conway, Schoesler and Mason spoke against the adoption of the amendment to the committee amendment.

             Representative Quall again spoke against the adoption of the amendment to the amendment to the committee amendment.

             Representative Carlson again spoke in favor of the adoption of the amendment to the committee amendment.

             A division was called. The Speaker (Representative Horn presiding) called on the House to divide. The results of the division was: 60-YEAS, 34-NAYS. The amendment was adopted.

             With the consent of the House, amendment number 795 to Substitute Senate Bill No. 5325 was withdrawn.

             Representative Jacobsen moved adoption of the following amendment to the committee amendment by Representative Jacobsen:

             On page 4, line 6, after "universities" insert "and The Evergreen State College"

             On page 5, line 1, after "universities" insert "and The Evergreen State College"

             On page 5, beginning on line 28, strike Section 104

             On page 12, beginning on line 37, strike "((and)), for students enrolled at" and insert "and"

On page 13, line 4, after "universities" strike ", The Evergreen State College,"

             Representatives Jacobsen, Cole, Carlson, Wolfe, Clements, Chappell, Huff, Mason and Skinner spoke in favor of the adoption of the amendment to the committee amendment.

             Representative Goldsmith spoke against the adoption of the amendment to the committed amendment.

             A division was called. The Speaker (Representative Horn presiding) called on the House to divide. The results of the division was: 65-YEAS, 29-NAYS. The amendment was adopted.

             The committee amendment as amended was adopted.

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

             Representatives Carlson, Jacobsen and Mastin spoke in favor of passage of the bill.

             Representatives Quall, Sommers and Conway spoke against passage of the bill.

             The Speaker assumed the chair.

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

             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5325 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5325 as amended by the House, and the bill passed the House by the following vote: Yeas - 51, Nays - 43, Absent - 0, Excused - 3.

             Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Clements, Cooke, Crouse, Delvin, Dickerson, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Koster, Lisk, Mastin, McMorris, Mielke, Mitchell, Pennington, Poulsen, Radcliff, Reams, Robertson, Schmidt, D., Sehlin, Sheahan, Sherstad, Silver, Skinner, Stevens, Talcott, Thomas, B., Thompson, Van Luven and Mr. Speaker - 51.

             Voting nay: Representatives Appelwick, Basich, Boldt, Brown, Casada, Chandler, Chappell, Chopp, Cody, Cole, Conway, Costa, Dyer, Fisher, G., Fisher, R., Grant, Hargrove, Hatfield, Kessler, Kremen, Lambert, Mason, McMahan, Morris, Ogden, Patterson, Pelesky, Quall, Regala, Romero, Rust, Schmidt, K., Schoesler, Scott, Sheldon, Smith, Sommers, Thibaudeau, Thomas, L., Tokuda, Valle, Veloria and Wolfe - 43.

             Excused: Representatives Dellwo, Ebersole and Mulliken - 3.

             Substitute Senate Bill No. 5325, as amended by the House, having received the constitutional majority, was declared passed.

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

INTRODUCTIONS AND FIRST READING

HB 2091           by Representative Sommers

AN ACT Relating to the continuation of retirement coverage while on leave of absence for public service; adding a new section to chapter 43.43 RCW; and adding a new section to chapter 28B.10 RCW.

HB 2092           by Representatives Campbell, Smith, Pelesky, L. Thomas, Koster, Crouse, Elliot and Mulliken

AN ACT Relating to valuation for property tax purposes; amending RCW 84.36.381; adding new sections to chapter 84.40 RCW; creating a new section; repealing 1994 sp.s. c 8 s 3 (uncodified); providing effective dates; and declaring an emergency.

Referred to Committee on Finance.

ESSB 5447       by Senate Committee on Education (originally sponsored by Senator McAuliffe; by request of Office of Financial Management)

Tying the use of student learning improvement grants to attaining the student learning goals.

Referred to Committee on Education.

             There being no objection, the rules were suspended and House Bill No. 2091 was placed on the second reading calendar.

             There being no objection, the remaining 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 fifth order of business.

REPORTS OF STANDING COMMITTEES

April 10, 1995

HB 2090           Prime Sponsor, Representative K. Schmidt: Revising provisions relating to taxation of gasohol. Reported by Committee on Transportation

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives K. Schmidt, Chairman; Mitchell, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Blanton; Buck; Cairnes; Chopp; Elliot; Hankins; Horn; Johnson; Koster; McMahan; Ogden; Quall; Robertson; Romero; Scott and Tokuda.

             Voting Yea: Representatives Backlund, Blanton, Buck, Cairnes, Chopp, Elliot, R. Fisher, Hankins, Hatfield, Horn, Johnson, Koster, McMahan, Mitchell, Ogden, Quall, Robertson, Romero, D. Schmidt, K. Schmidt, Scott and Skinner.

             Excused: Representatives Benton, Brown, Chandler, Patterson and Tokuda.

             There being no objection, the rules were suspended and House Bill No. 2090 was placed on the second reading calendar.

             The Rules Committee was relieved of the following bills and they were placed on the second reading calendar: House Bill No. 1566, Substitute Senate Bill No. 5127, Senate Bill No. 5287, Second Substitute Senate Bill No. 5387, Engrossed Senate Bill No. 5613, Engrossed Substitute Senate Bill No. 5914, Engrossed Substitute Senate Bill No. 5943 and Engrossed Substitute Senate Bill No. 6049.

POINT OF INQUIRY

             Representative Morris: Thank you Mr. Speaker. Can you tell me what we just did, did we just take something from Rules, did we take something from another Committee, did we move it from one place on the calendar to another.

             Speaker: The Rules Committee was relieved of the list that I read.

             Representative Morris: Thank you.

MESSAGES FROM THE SENATE

April 12, 1995

Mr. Speaker:

             The Senate has passed:

HOUSE BILL NO. 1362,

SUBSTITUTE HOUSE BILL NO. 1483,

HOUSE BILL NO. 1790,

SUBSTITUTE HOUSE BILL NO. 1853,

HOUSE BILL NO. 1866,

HOUSE BILL NO. 1893,

HOUSE BILL NO. 2063,

HOUSE JOINT MEMORIAL NO. 4008,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

April 12, 1995

Mr. Speaker:

             The President has signed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5101,

SENATE BILL NO. 5200,

SECOND SUBSTITUTE SENATE BILL NO. 5235,

SENATE BILL NO. 5372,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

April 12, 1995

Mr. Speaker:

             The President has signed:

HOUSE BILL NO. 1012,

ENGROSSED HOUSE BILL NO. 1014,

HOUSE BILL NO. 1015,

HOUSE BILL NO. 1058,

SUBSTITUTE HOUSE BILL NO. 1067,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1076,

HOUSE BILL NO. 1112,

ENGROSSED HOUSE BILL NO. 1131,

HOUSE BILL NO. 1163,

SUBSTITUTE HOUSE BILL NO. 1233,

SUBSTITUTE HOUSE BILL NO. 1246,

HOUSE BILL NO. 1280,

SUBSTITUTE HOUSE BILL NO. 1287,

HOUSE BILL NO. 1295,

HOUSE BILL NO. 1297,

SUBSTITUTE HOUSE BILL NO. 1414,

SUBSTITUTE HOUSE BILL NO. 1507,

ENGROSSED HOUSE BILL NO. 1550,

ENGROSSED HOUSE BILL NO. 1603,

ENGROSSED HOUSE BILL NO. 1876,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

April 12, 1995

Mr. Speaker:

             The Senate concurred in the House amendments to Substitute Senate Bill No. 5308, and passed the bill as amended by the House.

and the same is herewith transmitted.

Brad Hendrickson, Deputy Secretary

SIGNED BY THE SPEAKER

             The Speaker announced he was signing:

HOUSE BILL NO. 1063,

HOUSE BILL NO. 1064,

SUBSTITUTE HOUSE BILL NO. 1069,

HOUSE BILL NO. 1081,

HOUSE BILL NO. 1087,

HOUSE BILL NO. 1321,

HOUSE BILL NO. 1343,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1389,

SUBSTITUTE HOUSE BILL NO. 1404,

HOUSE BILL NO. 1465,

HOUSE BILL NO. 1468,

HOUSE BILL NO. 1501,

HOUSE BILL NO. 1532,

HOUSE BILL NO. 1553,

HOUSE BILL NO. 1771,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2036,

SENATE BILL NO. 5075,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5101,

SENATE BILL NO. 5200,

SECOND SUBSTITUTE SENATE BILL NO. 5235,

SENATE BILL NO. 5372,

SENATE BILL NO. 5806,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5868,

SENATE BILL NO. 5882,

ENGROSSED SENATE BILL NO. 5888,

SENATE BILL NO. 5894,

SENATE BILL NO. 6011,

SUBSTITUTE SENATE BILL NO. 6028,

SENATE JOINT MEMORIAL NO. 8004,

SENATE JOINT MEMORIAL NO. 8006,

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

MOTION

             There being no objection, the House adjourned until 10:00 a.m., Thursday, April 13, 1995.

CLYDE BALLARD, Speaker

TIMOTHY A. MARTIN, Chief Clerk