SEVENTY FOURTH DAY
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MORNING SESSION
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House Chamber, Olympia, Thursday, March 22, 2001
The House was called to order at 10:00 a.m. by Speaker Ballard. 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 Megan Ham and Brian Baumann. Prayer was offered by Representative Mary Lou Dickerson.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGE FROM THE SENATE
March 21, 2001
Mr. Speakers:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 1125,
and the same is herewith transmitted.
Tony M. Cook, Secretary
SIGNED BY THE SPEAKERS
The Speakers signed:
SUBSTITUTE HOUSE BILL NO. 1125,
INTRODUCTIONS AND FIRST READING
HB 2225 by Representatives Carrell, Conway, Talcott, Lantz, Bush, Kirby, Campbell, Morell, Casada, Woods and Jackley
AN ACT Relating to protecting communities located in close proximity to the special commitment center and the less restrictive alternative treatment facility, and mitigating for the effects of these facilities; adding new sections to chapter 71.09 RCW; creating a new section; and declaring an emergency.
Referred to Committee on Judiciary.
HB 2226 by Representatives Carrell, Kirby, Talcott, Conway, Esser, Lantz, Roach, Haigh, DeBolt, Campbell, Delvin, Marine, Armstrong, Bush, Morell, Casada and Jackley
AN ACT Relating to establishing a life sentence for sexually violent predators who escape from the special commitment center or from a less restrictive alternative; amending RCW 9A.76.120 and 9.94A.030; reenacting and amending RCW 9.94A.320; adding a new section to chapter 9A.76 RCW; prescribing penalties; providing an effective date; and declaring an emergency.
Referred to Committee on Judiciary.
SSB 5355 by Senate Committee on Human Services & Corrections
AN ACT Relating to the exercise of reasonable care by state employees and its agents at the department of social and health services and the department of corrections; adding new sections to chapter 43.20A RCW; and adding new sections to chapter 72.09 RCW.
Referred to Committee on Judiciary.
ESSB 5378 by Senate Committee on Natural Resources, Parks & Shorelines; by request of Governor Locke
AN ACT Relating to amendments to shoreline master programs and critical areas; amending RCW 90.58.080 and 36.70A.130; and creating a new section.
Held on First Reading.
ESB 5882 by Senators T. Sheldon, Hale, Hewitt, Hargrove, Rasmussen, Honeyford, Carlson, Haugen, Shin, Hochstatter, Horn, Stevens, Zarelli, Oke, Deccio, McCaslin, West, Long, Swecker, Sheahan, McDonald, Johnson, Rossi, Morton and Parlette
AN ACT Relating to occupational safety and health; adding new sections to chapter 49.17 RCW; adding a new section to chapter 44.28 RCW; creating a new section; providing expiration dates; and declaring an emergency.
Referred to Committee on Commerce & Labor.
2SSJR 8206 by Senate Committee on Ways & Means
Requiring geographic distribution of initiative signatures.
Referred to Committee on State Government.
There being no objection, the bills and resolution listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.
REPORTS OF STANDING COMMITTEES
March 21, 2001
SB 5035 Prime Sponsor, Senator Prentice: Creating the financial services regulation fund. Reported by Committee on Financial Institutions and Insurance
MAJORITY recommendation: Do pass. Signed by: Representatives Benson, Republican Co-Chair; Hatfield, Democratic Co-Chair; Bush, Republican Vice Chair; McIntire, Democratic Vice Chair; Barlean; Cairnes; DeBolt; Keiser; Miloscia; Roach; Santos and Simpson.
Voting yea: Representatives Benson, Hatfield, Bush, McIntire, DeBolt, Keiser, Miloscia, Roach, Santos, and Simpson.
Excused: Representatives Barlean and Cairnes.
Referred to Committee on Appropriations.
March 21, 2001
SB 5064 Prime Sponsor, Senator Prentice: Defining degrees of gambling cheating. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hunt; Kenney; Lisk and McMorris.
Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk, and McMorris.
Passed to Committee on Rules for second reading.
March 21, 2001
SSB 5068 Prime Sponsor, Senate Committee On Labor, Commerce & Financial Institutions: Regulating credit unions. Reported by Committee on Financial Institutions & Insurance
MAJORITY recommendation: Do pass. Signed by: Representatives Benson, Republican Co-Chair; Hatfield, Democratic Co-Chair; Bush, Republican Vice Chair; McIntire, Democratic Vice Chair; Barlean; Cairnes; DeBolt; Keiser; Miloscia; Roach; Santos and Simpson.
Voting yea: Representatives Benson, Hatfield, Bush, McIntire, DeBolt, Keiser, Miloscia, Roach, Santos, and Simpson.
Excused: Representatives Barlean and Cairnes.
Passed to Committee on Rules for second reading.
March 21, 2001
SSB 5219 Prime Sponsor, Senate Committee On Labor, Commerce & Financial Institutions: Modifying contracts for the sale of travel-related benefits. Reported by Commerce & Labor
MAJORITY recommendation: Do pass. Signed by: Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hunt; Kenney; Lisk and McMorris.
Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk, and McMorris.
Passed to Committee on Rules for second reading.
March 21, 2001
SB 5316 Prime Sponsor, Senator Prentice: Ensuring that reasonable assurance continues to apply to employees of educational institutions. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk, and McMorris.
Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk, and McMorris.
Passed to Committee on Rules for second reading.
March 21, 2001
SB 5317 Prime Sponsor, Senator Prentice: Clarifying hours and wages for educational employee compensation claims. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by: Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hunt; Kenney; Lisk and McMorris.
Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk, and McMorris.
Passed to Committee on Rules for second reading.
March 21, 2001
SSB 5502 Prime Sponsor, Senate Committee On Labor, Commerce & Financial Institutions: Modifying boxing officials' licensing requirements. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by: Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hunt; Kenney; Lisk and McMorris.
Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk, and McMorris.
Passed to Committee on Rules for second reading.
March 21, 2001
SSB 5813 Prime Sponsor, Senate Committee On Labor, Commerce & Financial Institutions: Allowing restaurants and private clubs to sell wine for off-premises consumption. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by: Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hunt; Kenney; Lisk and McMorris.
Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk, and McMorris.
Passed to Committee on Rules for second reading.
March 21, 2001
SB 6022 Prime Sponsor, Senator West: Changing from five years to fifteen years the time that certain amounts are awarded to owners and breeders. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hunt; Kenney; Lisk and McMorris.
Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hunt, Kenney, Lisk, and McMorris.
Passed to Committee on Rules for second reading.
March 21, 2001
ESJR 8209 Prime Sponsor, Senator Snyder: Investing state investment board funds. Reported by Committee on Financial Institutions & Insurance
MAJORITY recommendation: Do pass. Signed by: Representatives Benson, Republican Co-Chair; Hatfield, Democratic Co-Chair; Bush, Republican Vice Chair; McIntire, Democratic Vice Chair; Barlean; Cairnes; DeBolt; Keiser; Miloscia; Roach; Santos and Simpson.
Voting yea: Representatives Benson, Hatfield, Bush, McIntire, DeBolt, Keiser, Miloscia, Roach, Santos, and Simpson.
Excused: Representatives Barlean and Cairnes.
Passed to Committee on Rules for second reading.
There being no objection, the bills and resolution listed on the day's committee reports under the fifth order of business were referred to the committees so designated.
RESOLUTION
HOUSE RESOLUTION NO. 2001-4638 by Representatives Kagi, Edmonds, Fisher, Conway, Cooper, Kessler, Kenney, O'Brien, Talcott, Skinner, Veloria, Dunshee, Quall, Rockefeller, McDermott, Cody, Kirby, Eickmeyer, Lovick, Darneille, Haigh, Doumit, Buck, Lisk, Sehlin, Ogden, Hatfield, Keiser, Mitchell, Tokuda, Edwards, Santos, Schual-Berke, Fromhold, Jackley, Lantz, Armstrong, G. Chandler, Hunt, Wood, Berkey, Sommers, Miloscia, Romero, Ruderman, Morris, Linville, Murray, Dickerson, Schmidt, Morell, Ahern, Alexander, Anderson, Ballard, Ballasiotes, Barlean, Benson, Boldt, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, Chopp, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Gombosky, Grant, Hankins, Hurst, Jarrett, Lambert, Marine, Mastin, McIntire, McMorris, Mielke, Mulliken, Pearson, Pennington, Pflug, Poulsen, Reardon, Roach, Schindler, Schoesler, Simpson, Sump, Van Luven and Woods
WHEREAS, Former Washington State Representative Grace Cole, who served eight terms in unselfish, distinguished service representing the citizens of the 32nd Legislative District and working on behalf of all the people of Washington, passed away on Saturday, March 17th; and
WHEREAS, Representative Cole was a loving wife of Carl and devoted mother to Bryan, Ron, Randy, and David; and
WHEREAS, Representative Cole dedicated her adult life to service to children in her community and throughout the state, including serving faithfully on the Shoreline Youth Services Board, Center for Human Services Board, and the Shoreline School Board for fourteen years; and
WHEREAS, In addition to her legislative service, Representative Cole served her community in countless ways, including membership in the League of Women Voters, Women's Political Caucus, Shoreline Chamber of Commerce, and the Bothell-Shoreline Branch of the American Association of University Women; and
WHEREAS, Representative Cole believed in the moral imperative of helping all children succeed and served as their advocate and fought diligently to abolish corporal punishment in our public schools; and
WHEREAS, Representative Cole was a champion of working people and fought tirelessly on their behalf; and
WHEREAS, Representative Cole demonstrated unmatched leadership in reaching out to her opponents and energizing her allies; and
WHEREAS, Representative Cole, our true friend and colleague, provided creative, consistent leadership in inspiring and motivating others to contribute to their community and to reach out to those in need; and
WHEREAS, Representative Cole will be remembered by all for her uncompromising integrity, her dedicated service, and her love which she so generously gave to all those who were privileged to know her; and
WHEREAS, Representative Cole typified her name in all she did--always serving with genuine "Grace"; and
WHEREAS, The loss of Former Representative Grace Cole will always be felt, her character will continue to inspire the members of the House of Representatives, and her memory shall serve as an example for all of the very finest in public service;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington celebrate the distinguished legislative, professional, civic, and personal life of Former Washington State Representative Grace Cole; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerks of the House of Representatives to the members of the family of Former Washington State Representative Grace Cole.
House Resolution No. 4638 was adopted. There being no objection, all members' names were added to the resolution.
There being no objection, the House advanced to the eighth order of business.
There being no objection, the Rules Committee was relieved of House Bill No. 1266, and the bill was placed on the Second Reading calendar.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1266 by Representatives Fisher and Mitchell
Making supplemental transportation appropriations.
The bill was read the second time. There being no objection, Substitute House Bill No. 1266 was substituted for House Bill No. 1266 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1266 was read the second time.
Speaker Ballard announced that House Bill No. 1266 was co-prime sponsored by Representatives Fisher and Mitchell.
Representative Pennington moved the adoption of the following amendment (113):
On page 4, at line 11, after "miles." insert the following:
"The agency may not use any funds from the appropriation in this section for the purchase of unmarked pursuit vehicles."
Representatives Pennington, Casada, Mielke, Campbell, DeBolt, Cairnes and Pennington (again) spoke in favor of adoption of the amendment.
Representatives Fisher, Mitchell, Hurst and Lovick spoke against adoption of the amendment.
MOTIONS
On motion of Representative Schoesler, Representatives Alexander and Delvin were excused. On motion of Representative Santos, Representatives Doumit, Poulsen and Veloria were excused.
Division was demanded and the demand was sustained. Speaker Ballard divided the House. The results of the division was 35 - YEAS; 58 -NAYS. The amendment was not adopted.
Representative Fisher moved the adoption of the following amendment (072):
On page 5, line 32, strike "45,536,000" and insert "45,563,000"
On page 5, line 33, strike "400,000" and insert "481,000"
On page 5, line 35, strike "45,936,000" and insert "46,044,000"
On page 5, after line 35, insert the following:
"The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $27,000 of the motor vehicle account--state appropriation is provided solely as a match for federal emergency management funds available to the department of transportation to repair damage caused by the February 28 earthquake."
On page 6, line 4, strike "486,000" and insert "((486,000)) 1,486,000"
On page 6, line 9, strike "246,030,000" and insert "247,030,000"
On page 7, line 9, strike "125,000" and insert "462,000"
On page 7, after line 14, insert:
"Multimodal Transportation Account--Federal Appropriation $ 1,000"
On page 7, line 16, strike "95,246,000" and insert "95,584,000"
On page 8, line 23, strike "3,693,000" and insert "3,943,000"
On page 8, after line 23, insert the following:
"Motor Vehicle Account--Federal Appropriation $ 750,000"
On page 8, after line 23, insert the following:
"The appropriations in this subsection (3) are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $250,000 of the motor vehicle account--state appropriation is provided solely as a match for federal emergency management funds available to the department of transportation to repair damage caused by the February 28 earthquake."
Representatives Fisher and Mitchell 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 Fisher and Mitchell spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1266.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1266 and the bill passed the House by the following vote: Yeas - 90, Nays - 3, Absent - 0, Excused - 5.
Voting yea: Representatives Ahern, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Wood, Woods, Speaker Ballard, and Speaker Chopp - 90.
Voting nay: Representatives Boldt, Dunn, and Mielke - 3.
Excused: Representatives Alexander, Delvin, Doumit, Poulsen, and Veloria - 5.
Engrossed Substitute House Bill No. 1266, having received the necessary constitutional majority, was declared passed.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative DeBolt, the House adjourned until 9:55 a.m., March 23, 2001, the 75th Legislative Day.
CLYDE BALLARD, Speaker FRANK CHOPP, Speaker
TIMOTHY A. MARTIN, Chief Clerk CYNTHIA ZEHNDER, Chief Clerk