HJ 96 043

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FORTY-THIRD DAY

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AFTERNOON SESSION

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House Chamber, Olympia, Monday, February 19, 1996

The House was called to order at 1:30 p.m. by the Speaker (Representative D. Sommers 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 Craig Lambert and Jayena Boldt. Prayer was offered by Father James Blundell, Retired, formerly of St. John's Episcopal Church, Olympia.

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

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

MESSAGES FROM THE SENATE

February 16, 1996

Mr. Speaker:

The Senate has passed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 6251,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6316,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

February 14, 1996

Mr. Speaker:

The Senate has passed:

SUBSTITUTE HOUSE BILL NO. 2125,

and the same is herewith transmitted.

Marty Brown, Secretary

The Speaker assumed the chair.

SIGNED BY THE SPEAKER

The Speaker announced he was signing:

SUBSTITUTE HOUSE BILL NO. 2125,

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

RESOLUTIONS

HOUSE RESOLUTION NO. 96-4708, by Representatives Backlund, Pelesky, L. Thomas, Hatfield, Robertson, Thompson, Ogden and B. Thomas

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

WHEREAS, George Washington, the first President of these great United States of America, epitomizes the very highest level of excellence; and

WHEREAS, George Washington's accomplishments and contributions as a native son of the original American Colonies, from Westmoreland, Virginia, were kindled and sparked by the original pioneering spirit; and

WHEREAS, George Washington was well-rounded in all endeavors perhaps best illustrated by his commitment to education, where building upon valued home tutoring by his mother, Mary Ball Washington, he finished his educational studies at the venerable institution of William and Mary College, Williamsburg, Virginia, of which he later became its first Chancellor; and

WHEREAS, George Washington's brave and principled leadership was indispensable in our nation's early bid for freedom as he valiantly served as the Commander-in-Chief of the Continental Army during the Revolutionary War, where challenges of every nature, from the cruel and unrelenting hardships faced and endured by the Continental Army at Valley Forge in 1777 to the predicament of overwhelming British forces, were compellingly vanquished by loyalty to cause, strength of purpose, nurture from the vision of the birth of a great and lasting nation and the unwavering assurance of the blessings of providence for those with the fortitude to fight for liberty, justice and freedom; and

WHEREAS, George Washington, following the triumphant victory of the Continental Army, continued his inspirational leadership and service to his countrymen by presiding over the Constitutional Convention in Philadelphia, Pennsylvania in 1787, wherein the greatest charter ever conceived and created was commissioned as the Constitution of the United States of America and later adopted and ratified by the several states to form the union of these great United States of America; and

WHEREAS, George Washington resolutely again answered the call of his countrymen by faithfully serving our nation as the first President of these great United States of America, thus ensuring the continued path of a nation born to secure the blessing of liberty and providence for posterity; and

WHEREAS, This great state of Washington, established in 1889, bears and honors the name of George Washington and the vignette of his likeness prominently and nobly displayed on the state seal;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives hereby honor George Washington, the first President of these great United States, and a founding father of this great nation, for his immeasurable and uncounted contributions for the cause of liberty and freedom.

Representative Backlund moved adoption of the resolution.

Representative Backlund spoke in favor of the resolution.

House Resolution No. 4708 was adopted.

HOUSE RESOLUTION NO. 96-4707, by Representatives Backlund, Pelesky, L. Thomas, Hatfield, Robertson, Thompson, Dyer and B. Thomas

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

WHEREAS, Abraham Lincoln, the sixteenth President of these great United States, through his selfless service and sacrifice to this great country demonstrated the very highest level of excellence in all matters, public and private; and

WHEREAS, Abraham Lincoln's conduct, actions, and decisions were faithfully governed by an unerring and unwavering devotion to absolute personal and public integrity, acquiring the deserving nickname "Honest Abe"; and

WHEREAS, Abraham Lincoln unequivocally exemplified that freedom is the richest fountain of unlimited opportunity and limitless achievement, where from humble beginnings, being raised in a log cabin and learning the values and rewards of hard work as a young man splitting rails, he later achieved great stature from his selfless public service contributions as a member of the Illinois State Legislature, as a member of the bench in the Eighth Circuit, as a member of the United States Congress, and later as the President of these great United States of America; and

WHEREAS, Abraham Lincoln, as President of these great United States, was reverently guided by and understood that efforts and achievements of men and nations are only possible because of the grace and hand of providence, illustrated by his annual Proclamations of National Prayer Day, which humbly thanked the will of God for our nation's blessings, and by his own words inscribed on his memorial in our nation's capitol "That this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth"; and

WHEREAS, Abraham Lincoln demonstrated unimpeachable leadership and moral courage wherein in 1862 for the greater good of humanity he issued the famous Emancipation Proclamation Act, adopted by the United States Congress later that year, which ensured the opportunities of freedom for all persons without regard to race or color; and

WHEREAS, Abraham Lincoln, as President of these great United States of America after only one month, resolutely led our nation through the struggle of the Civil War, which although taking a great toll in human loss and suffering illuminated as a shining example that the foundations of a nation built upon justice and freedom will endure and vanquish any storm untarnished and vital for posterity; and

WHEREAS, Abraham Lincoln, with the cruel precision of an assassin's bullet, suffered an untimely death just five days after bringing the Civil War to a close, tragically ending a life which was committed to selfless public service and the noblest causes of justice, freedom, and liberty for all persons which enured innumerable benefits to these great United States;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor Abraham Lincoln, the sixteenth President of these great United States.

House Resolution No. 4707 was adopted.

HOUSE RESOLUTION NO. 96-4723, by Representatives Brown, Grant, Kessler, Romero, Conway, Chappell, Scheuerman, Patterson, Cole, Cody, Murray, Mason, Jacobsen, Keiser, Wolfe, Veloria, Tokuda, Chopp, Quall, Scott, H. Sommers, Ogden, Costa, Rust, Valle, Regala, Dickerson, Appelwick, Hatfield, Robertson, Linville, Campbell, Dyer, B. Thomas and Chandler

WHEREAS, The stalwart and steadfast mettle of the American worker has made our nation an extraordinary model for the world to follow; and

WHEREAS, The very notion of the workplace as a time and setting for cooperation and esprit de corps is as uniquely American as the stirring words of The Star-Spangled Banner; and

WHEREAS, In our own state of Washington, the heritage of forthright labor-management cooperation in the development of our ports, industries, and farms has been instrumental in cultivating and sustaining the treasured lifestyle we enjoy today; and

WHEREAS, Even as our bounteous and beautiful natural resources entice visitors from far and wide, so the Evergreen State's reformative nand forward-thinking policies concerning the ultimately symbiotic relationship of labor and business have been a harbinger for other governments far and wide; and

WHEREAS, In 1891, in the very first session of the Washington State Legislature, Labor Day was established as a legal holiday; and

WHEREAS, Gordon Rice started the state's first weekly newspaper for working people in 1894; C.B. Kegley, the President-elect of the Washington State Grange in 1904 spoke up at that year's state Grange convention for cooperation with working peoples' organizations in striving toward better conditions for farms and farming people, and John E. "Dynamite Jack" Campbell became the first trade-union leader elected to the Washington State Legislature in 1906; and

WHEREAS, In 1911, Washington became the first state in the nation to pass a Workers' Compensation Act establishing security and protection for the working people of our state; and

WHEREAS, In 1912, our state, ahead of the federal government, established an eight-hour workday for women and minors, and in 1914, Labor Commissioner Edward Olsen began strict enforcement of the munificent new law; and

WHEREAS, A state law in 1943 ordered equal pay for women here in Washington, once again advancing our state to the front rank of an ongoing movement accentuating reason, justice, and fair-mindedness; and

WHEREAS, The contributions of Washington men and women in the 20th century have been integral to the nation in times of war through their work in industrial concerns such as the shipyards and aerospace manufacturing; and

WHEREAS, The historic diversity of the Washington workforce positions our state to prevail in its rightful claim for strong trade participation in the community of Pacific Rim nations; and

WHEREAS, The opportunity to work for a living is in its ideal a providence truly open for all and biased against none; and

WHEREAS, Remarkable personages through the ages have submitted testimony to the exalted caliber and sanctity of a citizen's chosen professional enterprise; and

WHEREAS, Our own national poet, Maya Angelou, an eminent and hard-working American herself, has defined work as: "Something made greater by ourselves and in turn that makes us greater"; and

WHEREAS, The Legislature, in all likelihood, will not be assembled in session on Monday, September 2, when our great land will next pay formal tribute to the working families of the state and nation;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives salute the citizens whose trades, crafts, vocations, and professions have been indispensable to the enhancement of society; and

BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Association of Washington Business, to the Washington State Labor Council, and to any other individual or entity deemed an appropriate recipient.

Representative Brown moved adoption of the resolution.

Representatives Brown, Robertson, Keiser, Quall, Conway, Dyer, Patterson, Mason, Romero, D. Sommers, Cole, Dickerson, L. Thomas, Valle, Campbell, B. Thomas and Appelwick spoke in favor of the resolution.

Representative Appelwick demanded the previous question and the demand was sustained.

House Resolution No. 4723 was adopted.

HOUSE RESOLUTION NO. 96-4699, by Representatives Talcott, Pelesky, L. Thomas and Chandler

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

WHEREAS, Organized athletics promote, in part, the values necessary for success in life and scholarship because participation, contribution, and success in athletics hones, develops, and cultivates perseverance, dedication, sacrifice, teamwork, integrity, sportsmanship, loyalty, and spirit; and

WHEREAS, Built upon these core values, the Curtis High School Vikings football team has exhibited the highest standards of achievement as Curtis became the state's first Class AAA football team to capture three state titles, adding to the championships in 1989 and 1990; and

WHEREAS, The Vikings also established three compelling new state records; to wit: Setting the "Most Points Scored" record in a single game with the new Vikings' record of forty-nine points; setting the "Largest Margin of Victory" record with the new Vikings' record of a forty-two point margin of victory; setting the "Most Points Scored in a Single Quarter" record with the new Vikings' record of twenty-eight points scored in a single quarter; and

WHEREAS, Although the Vikings' victory is due to the contribution of each and every team member, coach, and staff, the exceptional contributions of certain individual team members warrant special portrayal; and

WHEREAS, Quarterback Matt Salzman especially contributed to the Vikings' victory by completing three remarkable touchdown passes, one for sixty yards to running back Jake Sampson, one for twenty yards to tight end Jeff Cowart, and one for thirteen yards to wide receiver Ryan Wakefield; and

WHEREAS, Running back Jake Sampson especially contributed to the Vikings' victory by receiving two passes for sixty-four yards and a touchdown pass, but also scored the final touchdown on the final play of the third quarter with a blazing forty-four yard dash; and

WHEREAS, Running back Elijah Baker especially contributed to the Vikings' victory by carrying the ball six times for a total of one hundred fifty-three yards and scoring a touchdown on an eighty yard scamper late in the third quarter;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor the highest level of excellence shown by the Curtis High School Vikings football team and for the outstanding and shining example it has set for others by achieving its third victory in the Class AAA State Championships; and

BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Principal of Curtis High School, to each member of the Vikings football team, and to the coaches and staff.

Representative Talcott moved adoption of the resolution.

Representatives Talcott, Carrell and L. Thomas spoke in favor of the resolution.

House Resolution No. 4699 was adopted.

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

INTRODUCTIONS AND FIRST READING

HJM 4041 by Representatives Foreman, K. Schmidt, Lisk, Clements, Grant, Mastin, Veloria, Sheahan, Honeyford, Conway, Robertson, Linville, Chappell, Hatfield, Benton, Regala, Morris, Keiser, Mulliken, Ogden, Scheuerman, Hankins, McMahan, Pelesky, L. Thomas, B. Thomas, Stevens, Koster, Sheldon, Delvin, Johnson, Campbell, Hymes, Smith, Thompson, Dyer and Brumsickle

Requesting funding authorizations to repair roadways, bridges, and rail lines damaged by floods.

ESSB 6251 by Senate Committee on Ways & Means (originally sponsored by Senators Rinehart and West; by request of Office of Financial Management)

Making supplemental operating budget appropriations.

Referred to Committee on Appropriations.

ESSB 6316 by Senate Committee on Ways & Means (originally sponsored by Senators Rinehart, Loveland and Strannigan; by request of Office of Financial Management)

Adopting the supplemental capital budget.

Referred to Committee on Capital Budget.

There being no objection, the bills and memorial listed on today's introduction sheet under the fourth order of business were referred to the committees so designated with the exception of House Joint Memorial No. 4041 which was advanced to the second reading calendar.

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

REPORTS OF STANDING COMMITTEES

February 16, 1996

HB 2284 Prime Sponsor, Representative Sehlin: Relating to the capital budget. Reported by Committee on Capital Budget

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Sehlin, Chairman; Honeyford, Vice Chairman; Hankins; Koster; Mitchell; Pennington; Silver; D. Sommers and L. Thomas.

MINORITY recommendation: Without recommendation. Signed by Representatives Ogden, Ranking Minority Member; Chopp, Assistant Ranking Minority Member; Costa; Regala; Romero and Valle.

Voting Yea: Representatives Sehlin, Honeyford, Hankins, Koster, Mitchell, Pennington, Silver, D. Sommers and L. Thomas.

Voting Nay: Representatives Ogden, Chopp, Costa, Regala, Romero and Valle.

February 15, 1996

HB 2345 Prime Sponsor, Representative Huff: Making supplemental operating budget appropriations. Reported by Committee on Appropriations

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; Beeksma; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Hickel; Lambert; McMorris; Sehlin; Sheahan; Silver; Smith and Talcott.

MINORITY recommendation: Do not pass. Signed by Representatives H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Chappell; Dellwo; Grant; Jacobsen; Kessler; Linville; Poulsen; Rust and Wolfe.

Voting Yea: Representatives Huff, Pelesky, Clements, Beeksma, Brumsickle, Carlson, Cooke, Crouse, Foreman, Hargrove, Hickel, Lambert, McMorris, Sehlin, Sheahan, Smith, Silver and Talcott.

Voting Nay: Representatives H. Sommers, Valle, Basich, Chappell, Dellwo, Grant, Jacobsen, Kessler, Linville, Poulsen, Rust and Wolfe.

Excused: Representative Reams.

Passed to Committee on Rules for second reading.

February 16, 1996

SSB 5050 Prime Sponsor, Committee on Law & Justice: Revising the elements of the crime of burglary in the first degree. Reported by Committee on Law & Justice

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Dellwo, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Murray; Robertson; Smith; Sterk and Veloria.

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Robertson, Sterk and Veloria.

Excused: Representatives Campbell and Smith.

Passed to Committee on Rules for second reading.

February 16, 1996

ESSB 5139 Prime Sponsor, Committee on Law & Justice: Authorizing law enforcement officers to impound the vehicles of persons who are patronizing prostitutes. Reported by Committee on Law & Justice

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Robertson, Sterk and Veloria.

Excused: Representatives Campbell and Smith.

Passed to Committee on Rules for second reading.

February 16, 1996

SSB 5167 Prime Sponsor, Committee on Law & Justice: Allowing service of process on a marital community by serving either spouse. Reported by Committee on Law & Justice

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 4.28.080 and 1991 sp.s. c 30 s 28 are each amended to read as follows:

Service made in the modes provided in this section shall be taken and held to be personal service. The summons shall be served by delivering a copy thereof, as follows:

(1) If the action be against any county in this state, to the county auditor or, during normal office hours, to the deputy auditor, or in the case of a charter county, summons may be served upon the agent, if any, designated by the legislative authority.

(2) If against any town or incorporated city in the state, to the mayor, city manager, or, during normal office hours, to the mayor's or city manager's designated agent or the city clerk thereof.

(3) If against a school or fire district, to the superintendent or commissioner thereof or by leaving the same in his or her office with an assistant superintendent, deputy commissioner, or business manager during normal business hours.

(4) If against a railroad corporation, to any station, freight, ticket or other agent thereof within this state.

(5) If against a corporation owning or operating sleeping cars, or hotel cars, to any person having charge of any of its cars or any agent found within the state.

(6) If against a domestic insurance company, to any agent authorized by such company to solicit insurance within this state.

(7) If against a foreign or alien insurance company, as provided in chapter 48.05 RCW.

(8) If against a company or corporation doing any express business, to any agent authorized by said company or corporation to receive and deliver express matters and collect pay therefor within this state.

(9) If the suit be against a company or corporation other than those designated in the preceding subdivisions of this section, to the president or other head of the company or corporation, the registered agent, secretary, cashier or managing agent thereof or to the secretary, stenographer or office assistant of the president or other head of the company or corporation, registered agent, secretary, cashier or managing agent.

(10) If the suit be against a foreign corporation or nonresident joint stock company, partnership or association doing business within this state, to any agent, cashier or secretary thereof.

(11) If against a minor under the age of fourteen years, to such minor personally, and also to his or her father, mother, guardian, or if there be none within this state, then to any person having the care or control of such minor, or with whom he or she resides, or in whose service he or she is employed, if such there be.

(12) If against any person for whom a guardian has been appointed for any cause, then to such guardian.

(13) If against a foreign or alien steamship company or steamship charterer, to any agent authorized by such company or charterer to solicit cargo or passengers for transportation to or from ports in the state of Washington.

(14) If against a self-insurance program regulated by chapter 48.62 RCW, as provided in chapter 48.62 RCW.

(15) If against a marital community, to either spouse personally, or by leaving a copy of the summons at the house of the spouse's usual abode with some person of suitable age and discretion then resident therein. If the spouses do not reside together, each spouse must be served separately, as for personal service on an individual. If the action involves the separate property of a spouse, that spouse must be served as for personal service on an individual.

(16) In all other cases, to the defendant personally, or by leaving a copy of the summons at the house of his or her usual abode with some person of suitable age and discretion then resident therein.

((Service made in the modes provided in this section shall be taken and held to be personal service.))

(17) In lieu of service under subsections (15) and (16) of this section, where the person cannot with reasonable diligence be served as described, the summons may be served as provided in this subsection, and shall be deemed complete on the tenth day after the required mailing:

(a) By leaving a copy at his or her usual mailing address other than a United States postal service post office box with a person of suitable age and discretion then resident therein or, if the address is a place of business, with the secretary, office manager, vice-president, president, or other head of the company, or with the secretary or office assistant to such secretary, office manager, vice-president, president, or other head of the company, and by thereafter mailing a copy by first class mail, postage prepaid, to the person to be served at his or her usual mailing address other than a United States postal service post office box; or

(b) By leaving a copy at his or her place of employment, during usual business hours, with the secretary, office manager, vice-president, president, or other head of the company, or with the secretary or office assistant to such secretary, office manager, vice-president, president, or other head of the company, and by thereafter mailing a copy by first class mail, postage prepaid, to the person to be served at his or her place of employment."

Signed by Representatives Sheahan, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Dellwo, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Murray; Smith; Sterk and Veloria.

MINORITY recommendation: Do not pass. Signed by Representative Robertson.

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Sterk and Veloria.

Voting Nay: Representative Robertson.

Excused: Representatives Campbell and Smith.

Passed to Committee on Rules for second reading.

February 16, 1996

ESSB 5605 Prime Sponsor, Committee on Higher Education: Prohibiting drug and alcohol use in state-owned college and university residences. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass. Signed by Representatives Carlson, Chairman; Mulliken, Vice Chairman; Jacobsen, Ranking Minority Member; Mason, Assistant Ranking Minority Member; Basich; Blanton; Delvin; Goldsmith; Scheuerman and Sheahan.

Voting Yea: Representatives Carlson, Mulliken, Jacobsen, Mason, Basich, Blanton, Delvin, Goldsmith, Scheuerman and Sheahan.

Excused: Representative Mastin.

Excused: Representative Benton.

Passed to Committee on Rules for second reading.

February 15, 1996

SB 6086 Prime Sponsor, Loveland: Disclosing agriculture business records. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass with the following amendment:

On page 6, line 20, after "(2)" strike "Trade" and insert "Consignment"

Signed by Representatives Chandler, Chairman; Koster, Vice Chairman; Chappell, Ranking Minority Member; Linville, Assistant Ranking Minority Member; Boldt; Clements; R. Fisher; Johnson; Mastin; Ogden; Regala; Robertson; Rust and Schoesler.

Voting Yea: Representatives Chandler, Koster, Chappell, Linville, Boldt, Clements, R. Fisher, Johnson, Mastin, Regala and Rust.

Excused: Representatives Delvin, Honeyford, Murray, Ogden, Robertson and Schoesler.

Passed to Committee on Rules for second reading.

February 15, 1996

SB 6087 Prime Sponsor, Rasmussen: Rule making by the department of agriculture. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 15.17.020 and 1963 c 122 s 2 are each amended to read as follows:

For the purpose of this chapter:

(1) "Department" means the department of agriculture of the state of Washington.

(2) "Director" means the director of the department or his duly authorized representative.

(3) "Person" means a natural person, individual, or firm, partnership, corporation, company, society, and association, and every officer, agent, or employee thereof. This term shall import either the singular or plural, as the case may be.

(4) "Horticultural plant or product" includes, but is not limited to, any horticultural, floricultural, viticultural, and olericultural plant, growing or otherwise, and their products whether grown above or below the ground's surface.

(5) "Horticultural facilities" means, but is not limited to, the premises where horticultural plants and products are grown, stored, handled, or delivered for sale or transportation, records required by rule under this chapter, and all vehicles and equipment, whether aerial or surface, used to transport such horticultural plants or products.

(6) "Deceptive pack" means the pack of any container which has in the outer layer or any exposed surface, horticultural plants or products which are in quality, size, condition, or any other respect so superior to those in the interior of the container in the unexposed portion as to materially misrepresent the contents. Such pack is deceptive when the outer or exposed surface is composed of horticultural plants or products whose size is not an accurate representation of the variation of the size of such horticultural plants or products in the entire container, even though such horticultural plants or products in the container are virtually uniform in size or comply with the specific horticultural plant or product for which the director in prescribing standards for grading and classifying has prescribed size variations or if such size variations are prescribed by law.

(7) "Deceptive arrangement or display" of any horticultural plants or products, means any bulk lot or load, arrangement or display of such horticultural plants or products which has in the exposed surface, horticultural plants or products which are so superior in quality, size, condition, or any other respect to those which are concealed, or the unexposed portion, as to materially misrepresent any part of such bulk lot or load, arrangement, or display.

(8) "Mislabel" means the placing or presence of any false or misleading statement, design, or device upon any container, or upon the label or lining of any such container, or upon the wrapper of any horticultural plants or products, or upon any such horticultural plants or products, or any placard used in connection therewith and having reference to such horticultural plants or products. A statement, design, or device is false or misleading when the horticultural plant or product or container to which it refers does not conform to such statement.

(9) "Container" means any container, subcontainer used within a container, or any type of a container used to prepackage any horticultural plants or products: PROVIDED, That this does not include containers used by a retailer to package such horticultural plants or products sold from a bulk display to a consumer.

(10) "Agent" means broker, commission merchant, auctioneer, solicitor, seller, or consignor, and any other person acting upon the actual or implied authority of another.

(11) "Inspection and certification" means, but is not limited to, the inspection of any horticultural plant or product at any time prior to, during, or subsequent to harvest, by the director, and the issuance by him of a written permit to move or sell or a written certificate stating the grade, classification, and if such horticultural plants or products are free of plant pests and/or other defects.

(12) "Plant pests" means, but is not limited to, any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substance, which can directly or indirectly injure or cause disease or damage in any plant or parts thereof, or any processed, manufactured, or other products of plants.

NEW SECTION. Sec. 2. A new section is added to chapter 15.17 RCW to read as follows:

The director shall, by rule, establish either grades or classifications, or both, for American ginseng (Panax quinquefolius L.). In establishing grades or classifications, the director shall take into account the factors of place of origin, whether the ginseng is wild or cultivated, weight, and date of harvest.

The director shall, by rule, require the registration of ginseng dealers who purchase and/or sell American ginseng for the purpose of foreign export. After determining that an applicant or registered ginseng dealer has violated this chapter and complying with the notice and hearing requirements and all other provisions of chapter 34.05 RCW concerning adjudicative proceedings, the director may deny, suspend, or revoke any dealer registration or application for registration issued under this chapter.

The director shall adopt rules requiring that records be maintained by dealers who purchase or sell American ginseng for the purpose of foreign export.

The director may adopt any other rules necessary to comply with the requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, (27 U.S.T. 108); the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.); and 50 C.F.R., Part 23 (1995), as they existed on the effective date of this act, or such subsequent date as may be provided by rule, consistent with the purposes of this section.

It is unlawful for a person to sell, offer for sale, hold for sale, or ship or transport American ginseng for foreign export in violation of this chapter or rules adopted under this chapter.

The department shall not disclose information obtained under this section regarding the purchases, sales, or production of an individual American ginseng dealer, except for providing reports to the United States fish and wildlife service. This information is exempt from public disclosure required by chapter 42.17 RCW.

Sec. 3. RCW 15.36.021 and 1994 c 143 s 103 are each amended to read as follows:

The director of agriculture ((may)) is authorized to:

(1) Adopt rules necessary to carry out the purposes of chapters 15.36 and 15.38 RCW, which includes rules governing the farm storage tank and bulk milk tanker requirements, however the rules may not restrict the display or promotion of products covered under this section.

(2) By rule, establish, amend, or both, definitions and standards for milk and milk products. Such definitions and standards established by the director shall conform, insofar as practicable, with the definitions and standards for milk and milk products adopted by the federal food and drug administration. The director of agriculture, by rule, may likewise establish, amend, or both, definitions and standards for products whether fluid, powdered or frozen, compounded or manufactured to resemble or in semblance or imitation of genuine dairy products as defined under the provisions of this chapter. Such products made to resemble or in semblance or imitation of genuine dairy products shall conform with all the provisions of chapter 15.38 RCW and be made wholly of nondairy products.

All such products compounded or manufactured to resemble or in semblance or imitation of a genuine dairy product shall set forth on the container or labels the specific generic name of each ingredient used.

In the event any product compounded or manufactured to resemble or in semblance or imitation of a genuine dairy product contains vegetable fat or oil, the generic name of such fat or oil shall be set forth on the label. If a blend or variety of oils is used, the ingredient statement shall contain the term "vegetable oil" in the appropriate place in the ingredient statement, with the qualifying phrase following the ingredient statement, such as "vegetable oils are soybean, cottonseed and coconut oils" or "vegetable oil, may be cottonseed, coconut or soybean oil."

The labels or containers of such products compounded or manufactured to resemble or in semblance or imitation of genuine dairy products shall not use dairy terms or words or designs commonly associated with dairying or genuine dairy products, except as to the extent that such words or terms are necessary to meet legal requirements for labeling. The term "nondairy" may be used as an informative statement.

(3) By rule adopt the PMO, DMO, and supplemental documents by reference to establish requirements for grade A pasteurized and grade A raw milk.

(4) Adopt rules establishing standards for grade A pasteurized and grade A raw milk that are more stringent than the PMO based upon current industry or public health information for the enforcement of this chapter whenever he or she determines that any such rules are necessary to carry out the purposes of this section and RCW 15.36.481. The adoption of rules under this chapter, or the holding of a hearing in regard to a license issued or that may be issued under this chapter are subject to the applicable provisions of chapter 34.05 RCW, the administrative procedure act.

(5) By rule, certify an officially designated laboratory to analyze milk for standard of quality, adulteration, contamination, and unwholesomeness.

Sec. 4. RCW 15.58.040 and 1991 c 264 s 2 are each amended to read as follows:

(1) The director shall administer and enforce the provisions of this chapter and rules adopted under this chapter. All the authority and requirements provided for in chapter 34.05 RCW (Administrative Procedure Act) and chapter 42.30 RCW shall apply to this chapter in the adoption of rules including those requiring due notice and a hearing for the adoption of permanent rules.

(2) The director is authorized to adopt appropriate rules for carrying out the purpose and provisions of this chapter, including but not limited to rules providing for:

(a) Declaring as a pest any form of plant or animal life or virus which is injurious to plants, people, animals (domestic or otherwise), land, articles, or substances;

(b) Determining that certain pesticides are highly toxic to people. For the purpose of this chapter, highly toxic pesticide means any pesticide that conforms to the criteria in 40 C.F.R. Sec. 162.10 for toxicity category I due to oral inhalation or dermal toxicity. The director shall publish a list of all pesticides, determined to be highly toxic, by their common or generic name and their trade or brand name if practical. Such list shall be kept current and shall, upon request, be made available to any interested party;

(d) The collection and examination of samples of pesticides or devices;

(e) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers;

(f) Restricting or prohibiting the use of certain types of containers or packages for specific pesticides. These restrictions may apply to type of construction, strength, and/or size to alleviate danger of spillage, breakage, misuse, or any other hazard to the public. The director shall be guided by federal regulations concerning pesticide containers;

(g) Procedures in making of pesticide recommendations;

(h) Adopting a list of restricted use pesticides for the state or for designated areas within the state if the director determines that such pesticides may require rules restricting or prohibiting their distribution or use. The director may include in the rule the time and conditions of distribution or use of such restricted use pesticides and may, if it is found necessary to carry out the purpose and provisions of this chapter, require that any or all restricted use pesticides shall be purchased, possessed, or used only under permit of the director and under the director's direct supervision in certain areas and/or under certain conditions or in certain quantities or concentrations. The director may require all persons issued such permits to maintain records as to the use of all the restricted use pesticides;

(i) Label requirements of all pesticides required to be registered under provisions of this chapter;

(j) Regulating the labeling of devices; ((and))

(k) The establishment of criteria governing the conduct of a structural pest control inspection; and

(l) Declaring crops, when grown to produce seed specifically for crop reproduction purposes, to be nonfood and/or nonfeed sites of pesticide application. The director may include in the rule any restrictions or conditions regarding: (i) The application of pesticides to the designated crops; and (ii) the disposition of any portion of the treated crop.

(3) For the purpose of uniformity and to avoid confusion endangering the public health and welfare the director may adopt rules in conformity with the primary pesticide standards, particularly as to labeling, established by the United States environmental protection agency or any other federal agency.

Sec. 5. RCW 16.70.040 and 1971 c 72 s 4 are each amended to read as follows:

(1) The secretary, with the advice and concurrence of the director of the department of agriculture, shall be authorized to develop rules ((and regulations)) for proposed adoption by the board relating to the importation, movement, sale, transfer, or possession of pet animals as defined ((herein)) in RCW 16.70.020 which are reasonably necessary for the protection and welfare of the people of this state.

(2) The director of the department of agriculture shall also be authorized to adopt rules to allow administration of permits for those pet animals under subsection (1) of this section by the state veterinarian.

NEW SECTION. Sec. 6. A new section is added to chapter 42.17 RCW to read as follows:

Except under section 3 of this act, information obtained regarding the purchases, sales, or production of an individual American ginseng dealer is exempt from disclosure under this chapter."

On page 1, line 2 of the title, after "authority;" strike the remainder of the title and insert "amending RCW 15.17.020, 15.36.021, 15.58.040, and 16.70.040; adding a new section to chapter 15.17 RCW; and adding a new section to chapter 42.17 RCW."

Voting Yea: Representatives Chandler, Koster, Chappell, Linville, Boldt, Clements, R. Fisher, Johnson, Mastin, Ogden, Regala, Rust and Schoesler.

Excused: Representatives Delvin, Honeyford, Murray and Robertson.

Passed to Committee on Rules for second reading.

February 15, 1996

SB 6088 Prime Sponsor, Rasmussen: Degrading certain dairy licenses. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass. Signed by Representatives Chandler, Chairman; Koster, Vice Chairman; Chappell, Ranking Minority Member; Linville, Assistant Ranking Minority Member; Boldt; Clements; R. Fisher; Johnson; Mastin; Ogden; Regala; Robertson; Rust and Schoesler.

Voting Yea: Representatives Chandler, Koster, Chappell, Linville, Boldt, Clements, R. Fisher, Johnson, Mastin, Ogden, Regala, Rust and Schoesler.

Excused: Representatives Delvin, Honeyford, Murray and Robertson.

Passed to Committee on Rules for second reading.

February 16, 1996

SB 6089 Prime Sponsor, Rasmussen: Changing criteria for eligibility for firearms range account funding. Reported by Committee on Law & Justice

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 77.12.720 and 1994 sp.s. c 7 s 443 are each amended to read as follows:

The firearms range account is hereby created in the state general fund. Moneys in the account shall be subject to legislative appropriation and shall be used for purchase and development of land, construction or improvement of range facilities, including fixed structure construction or remodeling, equipment purchase, safety or environmental improvements, noise abatement, and liability protection for public and nonprofit firearm range training and practice facilities.

Grant funds shall not be used for expendable shooting supplies, or normal operating expenses. In making grants, the interagency committee for outdoor recreation shall give priority to projects for noise abatement or safety improvement. Grant funds shall not supplant funds for other organization programs.

The funds will be available to nonprofit shooting organizations, school districts, and state, county, or local governments on a match basis. All entities receiving matching funds must be open on a regular basis and usable by law enforcement personnel or the general public who possess Washington concealed pistol licenses or Washington hunting licenses or who are enrolled in a firearm safety class.

Applicants for a grant from the firearms range account shall provide matching funds in either cash or in-kind contributions. The match must represent one dollar in value for each one dollar of the grant except that in the case of a grant for noise abatement or safety improvements the match must represent one dollar in value for each two dollars of the grant. In-kind contributions include but are not limited to labor, materials, and new property. Existing assets and existing development may not apply to the match.

Applicants other than school districts or local or state government must be registered as a nonprofit or not-for-profit organization with the Washington secretary of state ((and the United States internal revenue service)). The organization's articles of incorporation must contain provisions for the organization's structure, officers, legal address, and registered agent.

Organizations requesting grants must provide the hours of range availability for public and law enforcement use. The fee structure will be submitted with the grant application.

Any nonprofit organization or agency accepting a grant under this program will be required to pay back the entire grant amount to the firearms range account if the use of the range facility is discontinued less than ten years after the grant is accepted.

Entities receiving grants must make the facilities for which grant funding is received open for hunter safety education classes and firearm safety classes on a regular basis for no fee.

Government units or school districts applying for grants must open their range facility on a regular basis for hunter safety education classes and firearm safety classes.

The interagency committee for outdoor recreation shall adopt rules to implement chapter 195, Laws of 1990, pursuant to chapter 34.05 RCW."

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Robertson, Sterk and Veloria.

Excused: Representatives Campbell and Smith.

Passed to Committee on Rules for second reading.

February 16, 1996

SB 6177 Prime Sponsor, Bauer: Changing provisions for degree granting institutions. Reported by Committee on Higher Education

Voting Yea: Representatives Carlson, Mulliken, Jacobsen, Mason, Basich, Blanton, Delvin, Goldsmith, Scheuerman and Sheahan.

Excused: Representatives Benton and Mastin.

Passed to Committee on Rules for second reading.

February 16, 1996

SSB 6182 Prime Sponsor, Committee on Law & Justice: Increasing penalties for crimes involving methamphetamine. Reported by Committee on Law & Justice

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 69.50 RCW to read as follows:

It is unlawful for any person to possess ephedrine or pseudoephedrine with intent to manufacture methamphetamine. Any person who violates this section is guilty of a crime and may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both.

Sec. 2. RCW 69.50.401 and 1989 c 271 s 104 are each amended to read as follows:

(a) Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.

(1) Any person who violates this subsection with respect to:

(i) a controlled substance classified in Schedule I or II which is a narcotic drug or methamphetamine, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, or (A) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (B) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine;

(ii) any other controlled substance classified in Schedule I, II, or III, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

(iii) a substance classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

(iv) a substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

(b) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess a counterfeit substance.

(1) Any person who violates this subsection with respect to:

(i) a counterfeit substance classified in Schedule I or II which is a narcotic drug or methamphetamine, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;

(ii) any other counterfeit substance classified in Schedule I, II, or III, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

(iii) a counterfeit substance classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

(iv) a counterfeit substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

(c) It is unlawful, except as authorized in this chapter and chapter 69.41 RCW, for any person to offer, arrange, or negotiate for the sale, gift, delivery, dispensing, distribution, or administration of a controlled substance to any person and then sell, give, deliver, dispense, distribute, or administer to that person any other liquid, substance, or material in lieu of such controlled substance. Any person who violates this subsection is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

(d) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Any person who violates this subsection is guilty of a crime, and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both, except as provided for in subsection (e) of this section.

(e) Except as provided for in subsection (a)(1)(ii) of this section any person found guilty of possession of forty grams or less of marihuana shall be guilty of a misdemeanor.

(f) It is unlawful to compensate, threaten, solicit, or in any other manner involve a person under the age of eighteen years in a transaction unlawfully to manufacture, sell, or deliver a controlled substance. A violation of this subsection shall be punished as a class C felony punishable in accordance with RCW 9A.20.021.

This section shall not apply to offenses defined and punishable under the provisions of RCW 69.50.410.

Sec. 3. RCW 9.94A.320 and 1995 c 385 s 2, 1995 c 285 s 28, and 1995 c 129 s 3 (Initiative Measure No. 159) are each reenacted and amended to read as follows:

TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

XV Aggravated Murder 1 (RCW 10.95.020)

XIV Murder 1 (RCW 9A.32.030)

Homicide by abuse (RCW 9A.32.055)

XIII Murder 2 (RCW 9A.32.050)

XII Assault 1 (RCW 9A.36.011)

Assault of a Child 1 (RCW 9A.36.120)

XI Rape 1 (RCW 9A.44.040)

Rape of a Child 1 (RCW 9A.44.073)

X Kidnapping 1 (RCW 9A.40.020)

Rape 2 (RCW 9A.44.050)

Rape of a Child 2 (RCW 9A.44.076)

Child Molestation 1 (RCW 9A.44.083)

Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))

Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)

Leading Organized Crime (RCW 9A.82.060(1)(a))

IX Assault of a Child 2 (RCW 9A.36.130)

Robbery 1 (RCW 9A.56.200)

Manslaughter 1 (RCW 9A.32.060)

Explosive devices prohibited (RCW 70.74.180)

Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

Endangering life and property by explosives with threat to human being (RCW 70.74.270)

Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

Controlled Substance Homicide (RCW 69.50.415)

Sexual Exploitation (RCW 9.68A.040)

Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

VIII Arson 1 (RCW 9A.48.020)

Promoting Prostitution 1 (RCW 9A.88.070)

Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

Manufacture, deliver, or possess with intent to deliver heroin ((or)), cocaine, or methamphetamine (RCW 69.50.401(a)(1)(i))

((Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))))

Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.--- (section 1 of this act))

Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

VII Burglary 1 (RCW 9A.52.020)

Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

Introducing Contraband 1 (RCW 9A.76.140)

Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

Child Molestation 2 (RCW 9A.44.086)

Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

Involving a minor in drug dealing (RCW 69.50.401(f))

Reckless Endangerment 1 (RCW 9A.36.045)

Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

VI Bribery (RCW 9A.68.010)

Manslaughter 2 (RCW 9A.32.070)

Rape of a Child 3 (RCW 9A.44.079)

Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))

Endangering life and property by explosives with no threat to human being (RCW 70.74.270)

Incest 1 (RCW 9A.64.020(1))

Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))

Intimidating a Judge (RCW 9A.72.160)

Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

Theft of a Firearm (RCW 9A.56.300)

V Persistent prison misbehavior (RCW 9.94.070)

Criminal Mistreatment 1 (RCW 9A.42.020)

Rape 3 (RCW 9A.44.060)

Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

Child Molestation 3 (RCW 9A.44.089)

Kidnapping 2 (RCW 9A.40.030)

Extortion 1 (RCW 9A.56.120)

Incest 2 (RCW 9A.64.020(2))

Perjury 1 (RCW 9A.72.020)

Extortionate Extension of Credit (RCW 9A.82.020)

Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

Rendering Criminal Assistance 1 (RCW 9A.76.070)

Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

Sexually Violating Human Remains (RCW 9A.44.105)

Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

Possession of a Stolen Firearm (RCW 9A.56.310)

IV Residential Burglary (RCW 9A.52.025)

Theft of Livestock 1 (RCW 9A.56.080)

Robbery 2 (RCW 9A.56.210)

Assault 2 (RCW 9A.36.021)

Escape 1 (RCW 9A.76.110)

Arson 2 (RCW 9A.48.030)

Commercial Bribery (RCW 9A.68.060)

Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

Malicious Harassment (RCW 9A.36.080)

Threats to Bomb (RCW 9.61.160)

Willful Failure to Return from Furlough (RCW 72.66.060)

Hit and Run — Injury Accident (RCW 46.52.020(4))

Vehicular Assault (RCW 46.61.522)

Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1)(ii) through (iv))

Influencing Outcome of Sporting Event (RCW 9A.82.070)

Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

III Criminal Mistreatment 2 (RCW 9A.42.030)

Extortion 2 (RCW 9A.56.130)

Unlawful Imprisonment (RCW 9A.40.040)

Assault 3 (RCW 9A.36.031)

Assault of a Child 3 (RCW 9A.36.140)

Custodial Assault (RCW 9A.36.100)

Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

Harassment (RCW 9A.46.020)

Promoting Prostitution 2 (RCW 9A.88.080)

Willful Failure to Return from Work Release (RCW 72.65.070)

Burglary 2 (RCW 9A.52.030)

Introducing Contraband 2 (RCW 9A.76.150)

Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

Patronizing a Juvenile Prostitute (RCW 9.68A.100)

Escape 2 (RCW 9A.76.120)

Perjury 2 (RCW 9A.72.030)

Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

Intimidating a Public Servant (RCW 9A.76.180)

Tampering with a Witness (RCW 9A.72.120)

Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))

Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

Theft of livestock 2 (RCW 9A.56.080)

Securities Act violation (RCW 21.20.400)

II Unlawful Practice of Law (RCW 2.48.180)

Malicious Mischief 1 (RCW 9A.48.070)

Possession of Stolen Property 1 (RCW 9A.56.150)

Theft 1 (RCW 9A.56.030)

Trafficking in Insurance Claims (RCW 48.30A.015)

Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

Health Care False Claims (RCW 48.80.030)

Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))

Possession of phencyclidine (PCP) (RCW 69.50.401(d))

Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

Computer Trespass 1 (RCW 9A.52.110)

Escape from Community Custody (RCW 72.09.310)

I Theft 2 (RCW 9A.56.040)

Possession of Stolen Property 2 (RCW 9A.56.160)

Forgery (RCW 9A.60.020)

Taking Motor Vehicle Without Permission (RCW 9A.56.070)

Vehicle Prowl 1 (RCW 9A.52.095)

Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

Malicious Mischief 2 (RCW 9A.48.080)

Reckless Burning 1 (RCW 9A.48.040)

Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

False Verification for Welfare (RCW 74.08.055)

Forged Prescription (RCW 69.41.020)

Forged Prescription for a Controlled Substance (RCW 69.50.403)

Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))"

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Robertson, Smith, Sterk and Veloria.

Excused: Representative Campbell.

Passed to Committee on Rules for second reading.

February 15, 1996

SSB 6263 Prime Sponsor, Committee on Agriculture & Agriculture Trade & Development: Using equine and oxen. Reported by Committee on Agriculture & Ecology

Voting Yea: Representatives Chandler, Koster, Chappell, Linville, Boldt, Clements, R. Fisher, Johnson, Mastin, Ogden, Regala, Rust and Schoesler.

Excused: Representatives Delvin, Honeyford, Murray and Robertson.

Passed to Committee on Rules for second reading.

February 16, 1996

SB 6380 Prime Sponsor, Bauer: Eliminating the requirement that degree-granting private vocational schools participate in the tuition recovery trust fund. Reported by Committee on Higher Education

Voting Yea: Representatives Carlson, Mulliken, Jacobsen, Mason, Basich, Blanton, Delvin, Goldsmith, Scheuerman and Sheahan.

Excused: Representatives Benton and Mastin.

Passed to Committee on Rules for second reading.

February 15, 1996

SB 6467 Prime Sponsor, Spanel: Concerning the collection of pollution program fees. Reported by Committee on Agriculture & Ecology

Voting Yea: Representatives Chandler, Koster, Chappell, Linville, Boldt, Clements, R. Fisher, Johnson, Mastin, Ogden, Regala, Rust and Schoesler.

Excused: Representatives Delvin, Honeyford, Murray and Robertson.

Passed to Committee on Rules for second reading.

February 15, 1996

SSB 6484 Prime Sponsor, Committee on Financial Institutions & Housing: Regulating real estate appraisers. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: Do pass. Signed by Representatives L. Thomas, Chairman; Beeksma, Vice Chairman; Smith, Vice Chairman; Wolfe, Ranking Minority Member; Scheuerman, Assistant Ranking Minority Member; Benton; Campbell; Dellwo; Grant; Huff; Keiser; Kessler; Pelesky and D. Sommers.

Voting Yea: Representatives L. Thomas, Smith, Beeksma, Wolfe, Benton, Dellwo, Huff, Keiser, Kessler, Pelesky and Scheuerman.

Excused: Representatives Campbell, Dyer and Grant.

Not voting: Representative D. Sommers.

Passed to Committee on Rules for second reading.

February 15, 1996

SSB 6579 Prime Sponsor, Committee on Financial Institutions & Housing: Insuring credit unions. Reported by Committee on Financial Institutions & Insurance

Voting Yea: Representatives L. Thomas, Smith, Beeksma, Wolfe, Benton, Campbell, Dellwo, Grant, Huff, Keiser, Pelesky and Scheuerman.

Excused: Representatives Dyer, Kessler and D. Sommers.

Passed to Committee on Rules for second reading.

February 15, 1996

SB 6617 Prime Sponsor, Prentice: Imposing fines or sanctions against mortgage brokers. Reported by Committee on Financial Institutions & Insurance

Voting Yea: Representatives L. Thomas, Smith, Beeksma, Wolfe, Grant, Benton, Campbell, Dellwo, Huff, Keiser, Pelesky, Scheuerman and D. Sommers.

Excused: Representatives Dyer and Kessler.

Passed to Committee on Rules for second reading.

February 15, 1996

SSB 6746 Prime Sponsor, Committee on Financial Institutions & Housing: Examining credit unions. Reported by Committee on Financial Institutions & Insurance

Voting Yea: Representatives L. Thomas, Smith, Beeksma, Wolfe, Grant, Benton, Campbell, Dellwo, Huff, Keiser, Pelesky, Scheuerman and D. Sommers.

Excused: Representatives Dyer and Kessler.

Passed to Committee on Rules for second reading.

February 15, 1996

SJM 8023 Prime Sponsor, Deccio: Requesting the department of transportation to name an overpass after Senator Matson. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Benton, Vice Chairman; Mitchell, Vice Chairman; Skinner, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Brown; Buck; Cairnes; Elliot; Hankins; Horn; Johnson; McMahan; Ogden; Patterson; Quall; Robertson; Romero; Scott; Sterk and Tokuda.

Voting Yea: Representatives K. Schmidt, Skinner, Mitchell, Benton, R. Fisher, Hatfield, Backlund, Blanton, Brown, Cairnes, Hankins, Johnson, McMahan, Ogden, Patterson, Robertson, Romero, Sterk and Tokuda.

Excused: Representatives Buck, Chandler, Chopp, Elliot, Horn, Quall, D. Schmidt and Scott.

Passed to Committee on Rules for second reading.

There being no objection, the bills listed on today's committee reports under the fifth order of business were referred to the committees so designated with the exception of House Bill No. 2284 and House Bill No. 2345 which was advanced to the second reading calendar.

The Speaker declared the House to be at ease.

The Speaker called the House to order.

HOUSE BILL NO. 2345, by Representatives Huff and H. Sommers; by request of Office of Financial Management

Making supplemental operating budget appropriations.

The bill was read the second time. There being no objection, Substitute House Bill No. 2345 was substituted for House Bill No. 2345 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2345 was read the second time.

With the consent of the House, amendment number 325 to Substitute House Bill No. 2345 was withdrawn.

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

On page 4, after line 30, insert the following:

"Violence Reduction and Drug Enforcement Account

Appropriation. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . $80,000"

On page 4, line 35, strike "77,563,000" and insert "77,643,000"

On page 6, after line 2, insert the following: "(10) $80,000 of the violence reduction and drug enforcement account - - appropriation is provided solely to contract with the Washington state institute for public policy to collect data and information from jurisdictions within the state of Washington and outside the state of Washington, including other nations, which have experience with developing protocols and training standards for investigating child sexual abuse. The Washington state institute for public policy shall report to the legislature on the results of this study no later than December 1, 1996."

Representative Sheahan spoke in favor of adoption of the amendment.

The amendment was adopted.

With the consent of the House, amendment numbers 316 and 320 to Substitute House Bill No. 2345 were withdrawn.

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

On page 9, line 14, strike "49,132,000" and insert "49,737,000"

On page 10, line 10, strike "284,986,000" and insert "285,591,000"

On page 19, after line 14, insert:

"(30) $605,000 of the general fund -- state appropriation is provided solely to offset reductions in federal grant funding in international trade efforts and help fund a new trade office in Shanghai, China."

Representative Sheldon spoke in favor of adoption of the amendment.

Representative Clements spoke against adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment number 322 to Substitute House Bill No. 2345 was withdrawn.

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

On page 9, line 14, strike "49,132,000" and insert "50,997,000"

On page 10, line 10, strike "284,986,000" and insert "286,851,000"

On page 17, line 23, after "(19)" strike all material through "void." on line 27 and insert "$1,865,000 of the general fund--state appropriation is provided solely for the delivery of services to victims of sexual assault as provided for by Substitute House Bill No. 2579 (sexual abuse victims). The department shall establish an interagency agreement with the department of social and health services for the transfer of funds made available under the federal victims of crime act for the purposes of implementing Substitute House Bill No. 2579. If the bill is not enacted by June 30, 1996, the requirements of this subsection shall be null and void and the amount provided in this subsection shall lapse."

On page 30, line 10, strike "184,816,000" and insert "182,951,000"

On page 30, line 17, strike "605,024,000" and insert "603,159,000"

On page 33, line 35, after "section" insert "and made available under the federal victims of crime act"

Representatives Costa, Cooke and Huff spoke in favor of adoption of the amendment.

The amendment was adopted.

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

On page 9, line 14, strike "49,132,000" and insert "51,198,000"

On page 10, line 10, strike "284,986,000" and insert "287,052,000"

On page 19, after line 14, insert the following: (30) $2,066,000 of the general fund - - state appropriation is provided solely for the headstart program"

Representative Linville spoke in favor of adoption of the amendment.

Representative Huff spoke against adoption of the amendment.

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

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 9, line 14, to Substitute House Bill No. 2345 and the amendment was not adopted by the following vote: Yeas - 39, Nays - 59, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Campbell, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sheldon, Smith, Sommers, H., Thomas, B., Tokuda, Valle, Veloria and Wolfe - 39.

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

Representative Van Luven moved the adoption of the following amendment by Representative Van Luven:

On page 9, line 14, strike "49,132,000" and insert "49,192,000"

On page 10, line 10, strike "284,986,000" and insert "285,046,000"

On page 19, after line 14, insert:

"(30) $60,000 of the general fund -- state appropriation is provided for international trade, to be distributed as follows:

(a) $50,000 for one-time funding for the Globalsoft software tradeshow; and

(b) $10,000 for attorney general support for review of trade barrier issues."

Representative Van Luven spoke in favor of adoption of the amendment.

Representative Clements spoke against adoption of the amendment.

The amendment was not adopted.

Representative Van Luven moved the adoption of the following amendment by Representative Van Luven:

On page 9, line 14, strike "49,132,000" and insert "50,632,000"

On page 10, line 10, strike "284,986,000" and insert "286,486,000"

On page 19, line 3, after "(28)" strike "$1,000,000" and insert "$2,500,000"

Representatives Van Luven, Jacobsen and Sheldon spoke in favor of adoption of the amendment.

Representative Huff spoke against adoption of the amendment.

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

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 9, line 14, to Substitute House Bill No. 2345 and the amendment was not adopted by the following vote: Yeas - 44, Nays - 54, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hargrove, Hatfield, Hymes, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Radcliff, Regala, Romero, Rust, Scheuerman, Schmidt, D., Scott, Sheldon, Skinner, Sommers, H., Tokuda, Valle, Van Luven, Veloria and Wolfe - 44.

Voting nay: Representatives Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hickel, Honeyford, Horn, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Reams, Robertson, Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson and Mr. Speaker - 54.

With the consent of the House, amendment number 344 to Substitute House Bill No. 2345 was withdrawn.

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

On page 9, line 14, strike "49,132,000" and insert "49,329,000"

On page 10, line 10, strike "284,986,000" and insert "285,183,000"

On page 19, after line 14, insert:

"(30) $197,000 of the general fund -- state appropriation is provided solely to fund the environmental technology and services network, including development of international marketing plans, a catalogue of services offered by Washington environmental services firms, and a technical-assistance package to increase understanding of state environmental regulations."

Representative Veloria spoke in favor of adoption of the amendment.

Representative Schoesler spoke against adoption of the amendment.

The amendment was not adopted.

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

On page 30, line 8, strike "147,335,000" and insert "147,504,000"

On page 30, line 10, strike "184,816,000" and insert "190,714,000"

On page 30, line 12, strike "266,754,000" and insert "269,479,000"

On page 30, line 17, strike "605,024,000" and insert "613,816,000"

Representatives Patterson, Dickerson and Mason spoke in favor of adoption of the amendment.

Representative Cooke spoke against adoption of the amendment.

A division was called. The Speaker divided the House. The results of the division was 36-YEAS; 61-NAYS. The amendment was not adopted.

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

On page 30, line 10, strike "184,816,000" and insert "187,028,000"

On page 30, line 17, strike "605,024,000" and insert "607,236,000"

On page 31, line 16, strike "((8,421,000)) 7,867,000" and insert "8,421,000"

On page 31, line 36, strike "((8,421,000)) 7,867,000" and insert "8,421,000"

On page 34, beginning on line 8, strike all of subsection (14)

Representative Dellwo spoke in favor of adoption of the amendment.

Representative Silver spoke against adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment number 353 to Substitute House Bill No. 2345 was withdrawn.

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

On page 33, line 11, after "contracts)." strike all material through "lapse." on line 13

Representative Brown spoke in favor of adoption of the amendment.

Representative Cooke spoke against adoption of the amendment.

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

The amendment was not adopted.

With the consent of the House, amendment number 317 to Substitute House Bill No. 2345 was withdrawn.

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

On page 44, line 23, strike "657,555,000" and insert "662,555,000"

On page 44, line 31, strike "3,510,478,000" and insert "3,515,478,000"

On page 47, after line 26, insert the following:

"(18) $5,000,000 of the general fund--state appropriation is provided solely to reimburse designated trauma care centers at the medicaid rate for trauma services provided to medically indigent, general assistance, and charity care clients who have an index of severity score of 16 or higher. To be eligible for reimbursement under this section, the trauma care center must: (a) be designated a level I through V trauma care center by the department of health; (b) provide complete trauma care data to the trauma care registry in accordance with WAC 246-976-430; (c) establish an internal quality assurance trauma program that complies with WAC 246-976-880; and (d) encourage and assist medically indigent and charity care patients to enroll in the basic health plan."

On page 56, line 4, strike "44,755,000" and insert "45,705,000"

On page 58, beginning on line 27, strike all of subsection (16)

Representatives Conway, Regala and Scheuerman spoke in favor of adoption of the amendment.

Representatives Huff and Dyer spoke against adoption of the amendment.

Representative Dyer again spoke against adoption of the amendment.

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

The amendment was not adopted.

With the consent of the House, amendment number 330 to Substitute House Bill No. 2345 was withdrawn.

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

On page 56, line 25, strike "16,516,000" and insert "((16,516,000)) 20,467,000"

On page 56, line 30, strike "439,924,000" and insert "443,875,000"

Representative Cody spoke in favor of adoption of the amendment.

Representative Dyer spoke against adoption of the amendment.

The amendment was not adopted.

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

On page 58, line 29, after "designated" insert "or verified"

Representative Backlund spoke in favor of adoption of the amendment.

The amendment was adopted.

With the consent of the House, amendment number 307 to Substitute House Bill No. 2345 was withdrawn.

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

On page 62, line 7, strike "334,000" and insert "((334,000)) 1,334,000"

On page 62, line 21, strike "422,356,000" and insert "423,356,000"

On page 63, after line 15, insert:

"(7) $1,000,000 of the general fund -- state appropriation is provided solely for implementation of the youthbuild program under chapter 50.72 RCW."

Representatives Veloria, Mason, Van Luven and Appelwick spoke in favor of adoption of the amendment.

Representatives Huff and Dyer spoke against adoption of the amendment.

Representative Huff again spoke against adoption of the amendment.

Representatives Mason and Veloria again spoke in favor of adoption of the amendment.

The amendment was not adopted.

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

On page 64, line 7, strike "20,461,000" and insert "21,220,000"

On page 64, line 9, strike "17,595,000" and insert "19,666,000"

On page 64, line 11, strike "39,612,000" and insert "41,710,000"

On page 64, beginning on line 15, strike "((2,664,000)) 2,644,000" and insert "2,664,000"

On page 64, line 18, strike "4,320,000" and insert "4,331,000"

On page 64, beginning on line 27, strike "((1,000,000)) 745,000" and insert "1,000,000"

On page 64, beginning on line 30, strike "((1,344,000)) 1,329,000" and insert "1,344,000"

On page 64, beginning on line 35, strike "((3,420,000)) 2,797,000" and insert "3,420,000"

On page 65, line 4, strike "49,710,000" and insert "50,134,000"

On page 65, beginning on line 5, strike "((3,342,000)) 1,878,000" and insert "3,342,000"

On page 65, line 8, strike "17,491,000" and insert "19,710,000"

On page 65, beginning on line 11, strike "((3,631,000)) 3,355,000" and insert "3,631,000"

On page 65, line 16, strike "13,936,000" and insert "14,046,000"

On page 65, beginning on line 17, strike "((2,939,000)) 2,902,000" and insert "2,939,000"

On page 65, beginning on line 22, strike "((4,548,000)) 2,990,000" and insert "4,548,000"

On page 65, line 25, strike "2,044,000" and insert "2,047,000"

On page 65, beginning on line 29, strike "((165,000)) 103,000" and insert "165,000"

On page 65, line 33, strike "694,000" and insert "1,089,000"

On page 65, line 35, strike "213,301,000" and insert "225,703,000"

On page 68, beginning on line 24, strike all of subsections 16 and 17

On page 69, beginning on line 7, strike all of subsection 1

On page 69, beginning on line 16, strike all of subsection 3

Renumber remaining subsections consecutively and correct any internal references and title accordingly

Representatives Rust, Patterson and H. Sommers spoke in favor of adoption of the amendment.

Representatives Chandler, Pennington and Clements spoke against adoption of the amendment.

The amendment was not adopted.

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

On page 71, line 26, strike "32,533,000" and insert "33,295,000"

On page 71, line 28, strike "33,051,000" and insert "33,102,000"

On page 72, line 9, strike "197,024,000" and insert "197,837,000"

On page 73, after line 30, insert "(12) $813,000 of the general fund state appropriation is provided solely to operate Columbia river hatcheries for which federal funding has been reduced. If any portion of the federal funding is restored, an equal amount from the general fund state appropriation provided in this subsection shall lapse."

Representative Basich spoke in favor of adoption of the amendment.

Representative Fuhrman spoke against adoption of the amendment.

The amendment was not adopted.

The Speaker called on Representative Horn to preside.

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

On page 73, line 37, strike "20,306,000" and insert "25,306,000"

On page 74, line 28, strike "114,087,000" and insert "119,087,000"

On page 76, line 3, strike "9,600,000" and insert "14,600,000"

On page 76, line 8, strike "and" and insert "((and))"

On page 76, line 9, after "appropriation," insert "and $5,000,000 is from the general fund state appropriation,"

Representatives Kessler and Hatfield spoke in favor of adoption of the amendment.

Representative McMorris spoke against adoption of the amendment.

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

The amendment was not adopted.

With the consent of the House, amendment number 308 to Substitute House Bill No. 2345 was withdrawn.

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

On page 77, after line 33, insert the following:

"(16) There is substantial fiscal impact in the preparation of a habitat conservation plan, as well as long-term effects on trust income. The board of natural resources must secure and protect the interests of each of the trusts. Because of the substantial impact on trust income over the length of an agreement, unanimous consent by the board is necessary to safeguard the integrity of each trust. During the 1995-97 biennium any agreement involving state lands administered by the department that is developed under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.) must be approved in advance by a unanimous vote of the board with all members present."

Representatives Brumsickle, Clements and Buck spoke in favor of adoption of the amendment.

Representative Regala spoke against adoption of the amendment.

The amendment was adopted.

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

On page 78, beginning on line 34, insert the following:

"NEW SECTION. Sec. 308. A new section is added to 1995 2nd sp.s. c 18 (uncodified) to read as follows:

FOR THE PUGET SOUND WATER QUALITY AUTHORITY

General Fund--State Appropriation (FY 1997) . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 1,340,000

General Fund--Federal Appropriation (FY 1997) . . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 225,000

TOTAL APPROPRIATION . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 1,565,000"

Representative Chappell spoke in favor of adoption of the amendment.

Representative Chandler spoke against adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment number 334 to Substitute House Bill No. 2345 was withdrawn.

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

On page 80, line 15, strike "7,985,000" and insert "9,685,000"

On page 80, line 30, strike "30,354,000" and insert "32,054,000"

On page 81, after line 11 insert:

"(5) $1,700,000 of the general fund - state appropriation is provided solely for the implementation of House Bill No. 2554 (background checks for school employees). If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse."

On page 82, line 9, strike "42,269,000" and insert "42,569,000"

On page 82, line 18, strike "104,811,000" and insert "105,111,000"

On page 83, after line 13, insert:

"(f) $300,000 of the general fund - state appropriation is provided solely for the implementation of House Bill No. 2554 (background checks for school employees). If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse."

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

Representative Clements spoke against adoption of the amendment.

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

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 80, line 15, to Substitute House Bill No. 2345 and the amendment was not adopted by the following vote: Yeas - 45, Nays - 53, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Campbell, Carlson, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hargrove, Hatfield, Hymes, Jacobsen, Keiser, Kessler, Lambert, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Robertson, Romero, Rust, Scheuerman, Scott, Sheldon, Smith, Sommers, H., Sterk, Thomas, B., Tokuda, Valle, Veloria and Wolfe - 45.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hickel, Honeyford, Horn, Huff, Johnson, Koster, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Sommers, D., Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 53.

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

On page 82, line 9, strike "42,269,000" and insert "32,369,000"

On page 82, line 18, strike "104,811,000" and insert "94,911,000"

Beginning on page 85, line 35, strike all of subsection (q) and insert the following: "(q) $100,000 of the general fund - state appropriation is provided for a study of approaches using technology to enhance student learning:

(i) The study will examine approaches using technology to enhance learning, including:

(A) identifying current "best practices" in Washington state, other states and internationally and;

(B) future approaches, with special attention to the Internet and methods which may use hardware other than mainframe, desktop or laptop computers.

(ii) The study will also analyze implementation issues including:

(A) financing, with special attention to:

(1) students and families with limited means to lease or purchase the technology, and how to integrate equipment and software already owned by students;

(2) feasibility, costs, and to what extent schools and homes use current or emerging communication systems in schools and students' homes to connect to outside sources of information and other learning tools;

(3) costs of various financing options to participating companies, school districts and the state;

(4) policies and costs related to maintenance, theft, loss and damage to equipment and software; and

(5) the capacity of technology companies and other partners to provide in-kind services to all k-12 students.

(B) new classroom related curriculum changes and specifics of training teachers and classroom assistants to teach students the new curriculum associated with using technology; and

The superintendent of public instruction shall appoint a technology education committee to develop the study and shall provide necessary staff assistance to the committee. The committee shall consist of five representatives from technology companies, five technology coordinators representing educational service districts, five parents, five students and five school district representatives. Committee members shall recommend to the superintendent of public education a budget for funds appropriated in this subsection and serve without additional compensation but shall be eligible for per diem and mileage allowances pursuant to RCW 43.03.050 and 43.03.060. The study shall be presented to the education and fiscal committees of the house and senate by December 20, 1996."

Representatives Grant and Brown spoke in favor of adoption of the amendment.

Representative Huff spoke against adoption of the amendment.

The amendment was not adopted.

The Speaker assumed the chair.

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

On page 86, on line 19, after "Snohomish." insert: "As part of criteria for awarding grants, the committee shall consider equity issues including limiting participation in any one district to 1,200 headcount students and including at least one district from eastern Washington."

Representative Dellwo spoke in favor of adoption of the amendment.

Representative Huff spoke against adoption of the amendment.

The amendment was not adopted.

Representative H. Sommers moved the adoption of the following amendment by Representative H. Sommers:

On page 96, line 38, strike "115,066,000" and insert "122,674,000"

On page 97, line 2, strike "211,309,000" and insert "218,917,000"

On page 97, line 39, strike "((314.51))304.66" and insert "314.51"

On page 117, line 32, strike "357,000,000" and insert "358,477,000"

On page 118, line 1, strike "772,742,000" and insert "773,219,000"

On page 120, line 12, strike "263,502,000" and insert "263,832,000"

On page 120, line 21, strike "539,187,000" and insert "539,517,000"

On page 120, line 24, strike "10,199,000" and insert "10,216,000"

On page 120, line 33, strike "9,421,000" and insert "9,438,000"

On page 122, line 7, strike "155,182,000" and insert "155,377,000"

On page 122, line 13, strike "307,210,000" and insert "307,405,000"

On page 123, line 29, strike "37,824,000" and insert "37,880,000"

On page 123, line 32, strike "75,374,000" and insert "75,430,000"

On page 124, line 18, strike "34,827,000" and insert "34,876,000"

On page 124, line 23, strike "68,613,000" and insert "68,662,000"

On page 125, line 6, strike "18,722,000" and insert "18,752,000"

On page 125, line 8, strike "37,158,000" and insert "37,188,000"

On page 125, line 27, strike "43,603,000" and insert "43,662,000"

On page 125, line 30, strike "86,336,000" and insert "86,395,000"

On page 126, line 19, strike "2,092,000" and insert "2,095,000"

On page 126, line 22, strike "5,128,000" and insert "5,131,000"

On page 134, line 11, strike "5,162,000" and insert "3,719,000"

On page 134, line 12, strike "1,929,000" and insert "1,394,000"

On page 134, line 13, strike "4,396,000" and insert "3,203,000"

On page 134, line 16, strike "294.61" and insert "298.78"

On page 134, beginning on line 24, strike "3.09" and insert "2.08"

On page 134, line 29, after "plans" insert ", except as provided in (d) of this subsection"

On page 134, line 35, after "competition." insert "Beginning July 1, 1996:

(i) The nine plans that, on a state-wide basis, are the lowest-cost shall be offered by the public employees' benefits board at no cost to eligible employees, their children, and their spouses.

(ii) In those areas of the state without access to any of the nine lowest-cost plans, the public employees' benefits board shall offer at least one plan at no cost to eligible employees, their children, and their spouses. The plans offered at no cost shall be plans for which the charge during fiscal year 1996 did not exceed $20 for an employee, spouse, and children.

It is the intention of the legislature to require in the 1997-99 omnibus appropriations act the public employees' benefits board to make available a free plan to every eligible employee, child, and spouse."

On page 135, line 39, strike "((10,000)) 6,630" and insert "10,000"

On page 136, line 4, strike "$((7.36)) 9.25" and insert "$7.36"

Representative H. Sommers spoke in favor of adoption of the amendment.

Representative Dyer spoke against adoption of the amendment.

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

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 96, line 38, to Substitute House Bill No. 2345 and the amendment was not adopted by the following vote: Yeas - 45, Nays - 53, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Brown, Campbell, Carlson, Carrell, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Honeyford, Jacobsen, Keiser, Kessler, Lambert, Linville, Mason, Morris, Murray, Ogden, Patterson, Pennington, Poulsen, Quall, Regala, Robertson, Romero, Rust, Scheuerman, Scott, Smith, Sommers, H., Sterk, Talcott, Tokuda, Valle, Veloria and Wolfe - 45.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Horn, Huff, Hymes, Johnson, Koster, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Sommers, D., Stevens, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 53.

With the consent of the House, amendment number 310 to Substitute House Bill No. 2345 was withdrawn.

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

On page 117, line 4, strike "29,952" and insert "30,328"

On page 117, line 5, strike "617" and insert "((617))647"

On page 117, line 6, strike "687" and insert "((687))747"

On page 117, line 7, strike "617" and insert "((617))657"

On page 117, line 10, strike "16,524" and insert "16,973"

On page 117, line 12, strike "312" and insert "332"

On page 117, line 13, strike "707" and insert "((707))717"

On page 117, line 16, strike "7,024" and insert "7,143"

On page 117, line 17, strike "7,739" and insert "((7,739))7,789"

On page 117, line 19, strike "3,309" and insert "3,358"

On page 117, line 21, strike "9,652" and insert "9,956"

On page 117, line 24, strike "114,326" and insert "114,486"

On page 117, line 32, strike "357,000,000" and insert "357,488,000"

On page 118, line 1, strike "772,742,000" and insert "773,230,000"

On page 120, line 12, strike "263,502,000" and insert "266,475,000"

On page 120, line 21, strike "539,187,000" and insert "542,160,000"

On page 120, line 24, strike "10,199,000" and insert "10,502,000"

On page 120, line 33, strike "9,421,000" and insert "9,560,000"

On page 122, line 7, strike "155,182,000" and insert "157,061,000"

On page 122, line 13, strike "307,210,000" and insert "309,089,000"

On page 122, line 22, strike "7,534,000" and insert "((7,534,000))7,604,000"

On page 122, line 28, strike "7,723,000" and insert "7,882,000"

On page 123, line 29, strike "37,824,000" and insert "38,019,000"

On page 123, line 32, strike "75,374,000" and insert "75,569,000"

On page 124, line 18, strike "34,827,000" and insert "35,310,000"

On page 124, line 23, strike "68,613,000" and insert "69,096,000"

On page 125, line 6, strike "18,722,000" and insert "18,933,000"

On page 125, line 8, strike "37,158,000" and insert "37,369,000"

On page 125, line 27, strike "43,603,000" and insert "44,856,000"

On page 125, line 30, strike "86,336,000" and insert "87,589,000"

Representatives Jacobsen and H. Sommers spoke in favor of adoption of the amendment.

Representatives Carlson and Huff spoke against adoption of the amendment.

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

ROLL CALL

The Clerk called the roll on the adoption of the amendment on page 117, line 4, to Substitute House Bill No. 2345 and the amendment was not adopted by the following vote: Yeas - 42, Nays - 56, Absent - 0, Excused - 0.

Voting yea: Representatives Appelwick, Basich, Benton, Blanton, Brown, Campbell, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Elliot, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Radcliff, Regala, Romero, Rust, Scheuerman, Scott, Sheldon, Smith, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 42.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 56.

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

On page 123, after line 22, insert "(13) $80,000 of the general fund state appropriation is provided solely for the implementation of Second Substitute House Bill No. 2363 (anadromous fish habitat). If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse."

Representative Huff spoke in favor of adoption of the amendment.

The amendment was adopted.

With the consent of the House, amendment number 311 to Substitute House Bill No. 2345 was withdrawn.

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

On page 130, after line 12, insert the following:

"Sec. 613 1995 2nd sp.s c 18 s 617 (uncodified) is amended to read as follows:

FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY

General Fund Appropriation (FY 1996) .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 473,000

General Fund Appropriation (FY 1997) .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ ((473,000))

609,000

TOTAL APPROPRIATION . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ ((946,000))

1,082,000"

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

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

Representative Silver spoke against adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendment numbers 328, 329, 335 and 336 to Substitute House Bill No. 2345 were withdrawn.

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

On page 138, after line 37, insert the following:

"Sec. 711. 1995 2nd sp.s. c 18 s 718 (uncodified) is amended to read as follows:

FOR THE OFFICE OF FINANCIAL MANAGEMENT--COMPENSATION ACTIONS OF PERSONNEL RESOURCES BOARD

General Fund Appropriation (FY 1997). . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ ((5,000,000))

9,475,000

Salary and Insurance Increase Revolving

Account Appropriation (FY 1997). . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ 5,000,000

TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$ ((10,000,000))

14,475,000

The appropriations in this section are subject to the following conditions and limitations:

(1) The appropriations in this section shall be expended solely for the purposes designated in section 911 of this act.

(2) In addition to the moneys appropriated in this section, state agencies may expend up to an additional $2,500,000 from other general fund--state appropriations in this act and $2,500,000 from appropriations from other funds and accounts for the purposes and under the procedures designated in section 911 of this act."

Representatives Buck and Romero spoke in favor of adoption of the amendment.

The amendment was adopted.

With the consent of the House, amendment number 333 to Substitute House Bill No. 2345 was withdrawn.

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

On page 145, after line 2, insert the following:

"Sec. 901. RCW 50.24.010 and 1984 c 205 s 2 are each amended to read as follows:

(1) Contributions shall accrue and become payable by each employer (except employers as described in RCW 50.44.010 who have properly elected to make payments in lieu of contributions and those employers who are required to make payments in lieu of contributions) for each calendar year in which the employer is subject to this title at the rate established pursuant to chapter 50.29 RCW.

In each rate year, the amount of wages subject to tax for each individual shall be one hundred fifteen percent of the amount of wages subject to tax for the previous year rounded to the next lower one hundred dollars: PROVIDED, That the amount of wages subject to tax in any rate year shall not exceed eighty percent of the "average annual wage for contributions purposes" for the second preceding calendar year rounded to the next lower one hundred dollars: PROVIDED FURTHER, That the amount subject to tax shall be twelve thousand dollars for rate year 1984 and ten thousand dollars for rate year 1985.

In making computations under this section and RCW 50.29.010, wages paid based on services for employers making payments in lieu of contributions shall not be considered remuneration. Moneys paid from the fund, based on services performed for employers who make payments in lieu of contributions, which have not been reimbursed to the fund as of any June 30 shall be deemed an asset of the unemployment compensation fund, to the extent that such moneys exceed the amount of payments in lieu of contributions which the commissioner has previously determined to be uncollectible: PROVIDED, FURTHER, That the amount attributable to employment with the state shall also include interest as provided for in RCW 50.44.020.

Contributions shall become due and be paid by each employer to the treasurer for the unemployment compensation fund in accordance with such regulations as the commissioner may prescribe, except as provided in subsection (2) of this section, and shall not be deducted, in whole or in part, from the remuneration of individuals in employment of the employer. Any deduction in violation of the provisions of this section shall be unlawful.

In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.

(2) For the purposes of making contributions during calendar year 1996, the following shall apply to an employer whose place of business is located in a county that the governor has declared to be in a disaster area as a result of flooding in 1996 and whose business is permanently or temporarily closed, or the operations of the business are severely curtailed, for reasons that are directly attributable to flood damage:

(a) The employer may elect to defer for up to six months the report under RCW 50.12.070 and the payment of contributions required under this section for the quarter ending March 31, 1996. The employer electing this option must notify the commissioner in writing by April 30, 1996;

(b) Any report and payment of contributions deferred under this subsection is due no later than October 31, 1996; and

(c) If the report is made and the deferred contributions are fully paid by October 31, 1996, penalties may not be assessed and interest may not accrue as a result of the deferral permitted under this subsection.

Sec. 902. RCW 51.16.060 and 1985 c 315 s 1 are each amended to read as follows:

(1) Every employer not qualifying as a self-insurer, shall insure with the state and, except as provided in subsection (2) of this section, shall, on or before the last day of January, April, July and October of each year thereafter, furnish the department with a true and accurate payroll for the period in which workers were employed by it during the preceding calendar quarter, the total amount paid to such workers during such preceding calendar quarter, and a segregation of employment in the different classes established pursuant to this title, and shall pay its premium thereon to the appropriate fund. Premiums for a calendar quarter, whether reported or not, shall become due and delinquent on the day immediately following the last day of the month following the calendar quarter. The sufficiency of such statement shall be subject to the approval of the director: PROVIDED, That the director may in his or her discretion and for the effective administration of this title require an employer in individual instances to furnish a supplementary report containing the name of each individual worker, his or her hours worked, his or her rate of pay and the class or classes in which such work was performed: PROVIDED FURTHER, That in the event an employer shall furnish the department with four consecutive quarterly reports wherein each such quarterly report indicates that no premium is due the department may close the account: PROVIDED FURTHER, That the department may promulgate rules and regulations in accordance with chapter 34.05 RCW to establish other reporting periods and payment due dates in lieu of reports and payments following each calendar quarter, and may also establish terms and conditions for payment of premiums and assessments based on estimated payrolls, with such payments being subject to approval as to sufficiency of the estimated payroll by the department, and also subject to appropriate periodic adjustments made by the department based on actual payroll: AND PROVIDED FURTHER, That a temporary help company which provides workers on a temporary basis to its customers shall be considered the employer for purposes of reporting and paying premiums and assessments under this title according to the appropriate rate classifications as determined by the department: PROVIDED, That the employer shall be liable for paying premiums and assessments, should the temporary help company fail to pay the premiums and assessments under this title.

(2) For the purposes of paying premiums during calendar year 1996, the following shall apply to an employer whose place of business is located in a county that the governor has declared to be in a disaster area as a result of flooding in 1996 and whose business is permanently or temporarily closed, or the operations of the business are severely curtailed, for reasons that are directly attributable to flood damage:

(a) The employer may elect to defer for up to six months the report and the payment of premiums required under this section for the quarter ending March 31, 1996. The employer electing this option must notify the department in writing by April 30, 1996;

(b) Any report and payment of premiums deferred under this subsection is due no later than October 31, 1996; and

(c) If the report is made and the deferred premiums are fully paid by October 31, 1996, penalties may not be assessed and interest may not accrue as a result of the deferral permitted under this subsection.

Sec. 903. RCW 82.32.045 and 1983 2nd ex.s. c 3 s 63 are each amended to read as follows:

(1) Except as otherwise provided in this chapter, payments of the taxes imposed under chapters 82.04, 82.08, 82.12, 82.14, and 82.16 RCW, along with reports and returns on forms prescribed by the department, are due monthly within twenty-five days after the end of the month in which the taxable activities occur.

(2) The department of revenue may relieve any taxpayer or class of taxpayers from the obligation of remitting monthly and may require the return to cover other longer reporting periods, but in no event may returns be filed for a period greater than one year. For these taxpayers, tax payments are due on or before the last day of the month next succeeding the end of the period covered by the return.

(3) The department of revenue may also require verified annual returns from any taxpayer, setting forth such additional information as it may deem necessary to correctly determine tax liability.

(4) For the purposes of paying taxes imposed under chapter 82.04 RCW during calendar year 1996, the following shall apply to a taxpayer whose place of business is located in a county that the governor has declared to be in a disaster area as a result of flooding in 1996 and whose business is permanently or temporarily closed, or the operations of the business are severely curtailed, for reasons that are directly attributable to flood damage:

(a) The taxpayer may elect to defer for up to six months any returns and the payment of taxes required under chapter 82.04 RCW for reporting periods ending March 31, 1996. The taxpayer electing this option must notify the department in writing by the date on which the returns and taxes would otherwise be due under this section;

(b) Any return and payment of taxes deferred under this subsection is due no later than October 31, 1996; and

(c) If the deferred return is made and the deferred taxes are fully paid by October 31, 1996, penalties may not be assessed and interest may not accrue as a result of the deferral permitted under this subsection."

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

Representative Schoesler spoke in favor of adoption of the amendment.

The amendment was adopted.

The bill was ordered engrossed.

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

Representatives Huff, Foreman and Clements spoke in favor of passage of the bill.

Representatives Dickerson, H. Sommers, Quall and Brown spoke against passage of the bill.

Representative H. Sommers again spoke against passage of the bill.

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

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

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2345.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2345 and the bill passed the House by the following vote: Yeas - 62, Nays - 36, Absent - 0, Excused - 0.

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

Voting nay: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sheldon, Sommers, H., Tokuda, Valle, Veloria and Wolfe - 36.

Engrossed Substitute House Bill No. 2345, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2284, by Representatives Sehlin and Ogden; by request of Office of Financial Management

Relating to the capital budget.

The bill was read the second time. There being no objection, Substitute House Bill No. 2284 was substituted for House Bill No. 2284 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2284 was read the second time.

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

On page 4, line 40, strike "88,144" and insert "3,588,144"

On page 4, line 45, strike "4,300,000" and insert "7,800,000"

Representative Hatfield spoke in favor of adoption of the amendment.

Representative Sehlin spoke against adoption of the amendment.

The amendment was not adopted.

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

On page 7, after line 8, insert:

"NEW SECTION. Sec 9. A new section is added to 1995 2nd sp.s. c 16 to read as follows:

FOR THE DEPARTMENT OF INFORMATION SERVICES

Higher Education Technology:

Appropriation:

St Bldg Constr Acct--State. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 15,300,000

Prior Biennia (Expenditures). . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 0

Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 0

-----------

Total. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 15,300,000

The appropriation in this section is subject to the following conditions and limitations:

(1) The funds appropriated in this section are intended to provide a telecommunications service for public higher education institutions in Washington. The intent of the legislature is to significantly enhance the public higher education system's ability to provide citizen access to quality higher education courses and degree programs throughout the state. It is also the intent of the legislature that these services be a collaborative endeavor and that resources be used carefully. In developing these services, the institutions are encouraged to actively seek the assistance and cooperation of the department of information services, the higher education coordinating board, and the state board for community and technical colleges.

(2) Prior to any allocation or transfer of these funds to a public institution of postsecondary education, the information services board shall approve a telecommunications plan that (a) maximizes connectivity with existing state owned and operated data and communications networks, (b) provides for purchasing equipment, software, and other items necessary for the Washington higher education network project with joint institutional contracts, (c) provides system integration with K-12 education telecommunication systems and the community and technical college telecommunication systems. The information services board shall ensure that the benefits of purchasing additional hardware to expand the current telecommunications network versus leasing network services from the department of information services or from private sector providers are considered in approving and implementing the Washington higher education network.

(3) The information services board shall provide formal project approval and oversight during the period of development and implementation. In providing project approval, the information services board shall use a two-step process. First, a request or requests for proposals shall be developed and approved in accordance with information services board guidelines. Second, after receipt of proposals from the private sector and thorough analysis by information services board staff, following the guidelines of the information services board and instructions contained in this section, acquisition approval by the information services board shall be considered.

(4) Before a public institution of higher education may expend any of the funds provided in this section, the following shall occur: (a) a process to develop a programming and location plan shall be developed by participating education institutions in collaboration with and approval by the higher education coordinating board; and (b) a governance structure for the Washington higher education network shall be approved by the higher education coordinating board.

(5) All moneys appropriated in this section shall be held in allotment reserve until (a) the higher education coordinating board has approved a preliminary statewide program plan including a governance structure for the Washington higher education network and (b) the information services board has approved the network necessary to implement the telecommunications plan described in subsection (2) of this section. The office of financial management shall approve allotments of only those funds necessary to acquire and implement the Washington higher educations network approved by the information services board. Any fund in excess of those required to acquire and implement the Washington higher education network shall not be allotted and shall be held in reserve.

(7) Expenditures from this appropriating in this section shall be for capital purposes and shall comply with the bondability guidelines published by the office of financial management in the capital budget instructions manual."

Representative Costa spoke in favor of adoption of the amendment.

Representative Sehlin spoke against adoption of the amendment.

The amendment was not adopted.

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

On page 20, after line 40, insert the following:

"NEW SECTION. Sec. 35. A new section is added to 1995 2nd sp.s. c 16 to read as follows:

FOR THE STATE PARKS AND RECREATION COMMISSION

Feasibility Study (97-2-001)

For a study on the feasibility of purchasing property in the city of Burien for park purposes. The study shall consider transferring ownership of the lands to the city of Burien for preservation as open space and wildlife habitat, and for recreational and educational purposes. The commission shall report the legislature on the results of the study by December 1, 1996.

Appropriation:

St Bldg Constr Account--State. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 25,000

Prior Biennia (Expenditures). . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 0

Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 25,000

-------

Total. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 25,000"

Renumber the remaining sections consecutively and correct internal references accordingly

Representatives Valle and Ogden spoke in favor of adoption of the amendment.

Representative Pennington spoke against adoption of the amendment.

The amendment was not adopted.

Representative D. Sommers moved the adoption of the following amendment by Representative D. Sommers:

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

"NEW SECTION. Sec. 41. A new section is added to 1995 2nd sp.s. c 16 to read as follows:

FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY

Cheney Cowles Museum addition: Design (97-2-001)

Appropriation:

St Bldg Constr Account--State. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 1,224,800

Prior Biennia (Expenditures). . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 0

Future Biennia (Projected Costs). . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 18,197,600

----------

Total. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 19,422,400"

Renumber the remaining sections consecutively and correct internal references accordingly

Representatives D. Sommers and Dellwo spoke in favor of adoption of the amendment.

Representative Sehlin spoke against adoption of the amendment.

The amendment was not adopted.

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

Representative Sehlin and spoke in favor of passage of the bill.

Representative Ogden spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2284.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2284 and the bill passed the House by the following vote: Yeas - 63, Nays - 35, Absent - 0, Excused - 0.

Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 63.

Voting nay: Representatives Appelwick, Basich, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Jacobsen, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scheuerman, Scott, Sommers, D., Sommers, H., Tokuda, Valle, Veloria and Wolfe - 35.

Substitute House Bill No. 2284, having received the constitutional majority, was declared passed.

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

MOTION

On motion of Representative Foreman, the House adjourned until 10:00 a.m., Wednesday, February 21, 1996.

CLYDE BALLARD, Speaker

TIMOTHY A. MARTIN, Chief Clerk

2125 (Sub)

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

2284

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

2284 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

2345

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

2345 (Sub)

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25, 26, 33, 35, 37

4041

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

4699

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

4707

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

4708

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

4723

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

5050 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5139 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5167 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

5605 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

6086

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

6087

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

6088

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

6089

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

6177

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

6182 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

6251 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

6263 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

6316 (Sub)

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

6380

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

6467

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

6484 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

6579 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

6617

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

6746 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

8023

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23