NINETY FIFTH DAY
___________________________________________________________________________________________
MORNING SESSION
___________________________________________________________________________________________
House Chamber, Olympia, Thursday, April 12, 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 Carsten Loges and Madison Newberry. Prayer was offered by Representative Sarah Casada.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
SIGNED BY THE SPEAKERS
The Speakers signed:
SUBSTITUTE HOUSE BILL NO. 1000,
SUBSTITUTE HOUSE BILL NO. 1004,
ENGROSSED HOUSE BILL NO. 1076,
SUBSTITUTE HOUSE BILL NO. 1117,
SUBSTITUTE HOUSE BILL NO. 1133,
SUBSTITUTE HOUSE BILL NO. 1203,
SUBSTITUTE HOUSE BILL NO. 1214,
SUBSTITUTE HOUSE BILL NO. 1234,
SUBSTITUTE HOUSE BILL NO. 1282,
SUBSTITUTE HOUSE BILL NO. 1643,
SUBSTITUTE HOUSE BILL NO. 1644,
SUBSTITUTE HOUSE BILL NO. 1661,
ENGROSSED HOUSE BILL NO. 1745,
SUBSTITUTE HOUSE BILL NO. 1781,
ENGROSSED HOUSE BILL NO. 1855,
SUBSTITUTE HOUSE BILL NO. 1920,
SUBSTITUTE SENATE BILL NO. 5014,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5017,
SUBSTITUTE SENATE BILL NO. 5255,
SUBSTITUTE SENATE BILL NO. 5509,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5566,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5970,
SUBSTITUTE SENATE BILL NO. 6020,
SUBSTITUTE SENATE BILL NO. 6035,
MESSAGES FROM THE SENATE
April 11, 2001
Mr. Speakers:
The President has signed:
and the same is herewith transmitted.
Tony M. Cook, Secretary
April 11, 2001
Mr. Speakers:
The President has signed:
and the same is herewith transmitted.
Tony M. Cook, Secretary
April 11, 2001
Mr. Speakers:
The Senate has passed the following bills:
SUBSTITUTE SENATE BILL NO. 5266,
SECOND SUBSTITUTE SENATE BILL NO. 5576,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5625,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6143,
and the same are herewith transmitted.
Tony M. Cook, Secretary
April 11, 2001
Mr. Speakers:
The Senate has passed the following bills:
SUBSTITUTE HOUSE BILL NO. 1001,
SUBSTITUTE HOUSE BILL NO. 1256,
SUBSTITUTE HOUSE BILL NO. 1467,
SUBSTITUTE HOUSE BILL NO. 1501,
SUBSTITUTE HOUSE BILL NO. 1884,
and the same are herewith transmitted.
Tony M. Cook, Secretary
REPORTS OF STANDING COMMITTEES
April 11, 2001
HB 1926 Prime Sponsor, Representative Sehlin: Increasing the surcharge on county auditor recording fees. Reported by Committee on Appropriations
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Sehlin, Republican Co-Chair; Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; Lisk, Republican Vice Chair; Alexander; Benson; Boldt; Buck; Clements; Cody; Cox; Dunshee; Fromhold; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Mastin; Mulliken; Pearson; Pflug; Ruderman; Schmidt; Schual-Berke; Talcott and Tokuda.
Voting yea: Representatives Sehlin, Sommers, Barlean, Doumit, Lisk, Alexander, Benson, Boldt, Buck, Cody, Cox, Fromhold, Gombosky, Grant, Kagi, Keiser, Kenney, Lambert, Linville, Mulliken, Pearson, Pflug, Ruderman, Schmidt, Schual-Berke, Talcott, and Tokuda.
Excused: Representatives Clements, Dunshee, Kessler, Mastin, and McIntire.
Passed to Committee on Rules for second reading.
April 9, 2001
HB 2173 Prime Sponsor, Representative Clements: Authorizing the state lottery to participate in shared games. Reported by Committee on Capital Budget
MAJORITY recommendation: Do pass as amended.
On page 2, after line 37, insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 67.70 RCW to read as follows:
The lottery commission shall ensure that the following statement is made in any advertising or promotion of any lottery game conducted under the direction of the commission:
"CAUTION: Participation in gambling activity may result in pathological gambling behavior causing emotional and financial harm. For help, call 1-800-547-6133."
For purposes of this section, advertising includes print media, point-of-sale advertising, electronic media, billboards, and radio advertising."
Correct the title.
Signed by Representatives Alexander, Republican Co-Chair; Murray, Democratic Co-Chair; Barlean; Hankins; Hunt; O'Brien; Ogden; Poulsen; Reardon; Schoesler and Woods.
MINORITY recommendation: Do not pass. Signed by Representatives Armstrong, Republican Vice Chair; Esser, Republican Vice Chair; McIntire, Democratic Vice Chair; Bush; Casada; Lantz and Veloria.
Voting yea: Representatives Alexander, Murray, Barlean, Hankins, Hunt, O'Brien, Ogden, Poulsen, Reardon, Schoesler, and Woods.
Voting nay: Representatives Armstrong, Esser, McIntire, Bush, Casada, Lantz, and Veloria.
Passed to Committee on Rules for second reading.
April 12, 2001
HB 2230 Prime Sponsor, Representative Cody: Revising state health and employment support benefits for incapacitated or disabled individuals. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Representatives Campbell, Republican Co-Chair; Cody, Democratic Co-Chair; Schual-Berke, Democratic Vice Chair; Skinner, Republican Vice Chair; Conway; Darneille; Edmonds; Marine; McMorris and Pennington.
Voting yea: Representatives Cody, Campbell, Schual-Berke, Skinner, Conway, Darneille, Edmonds, Marine, McMorris, and Pennington.
Excused: Representatives Alexander, Ballasiotes and Edwards.
Passed to Committee on Appropriations.
April 11, 2001
HB 2233 Prime Sponsor, Representative Sommers: Authorizing contractual agreements with federal government for administration of state supplementation of supplemental security income. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Sehlin, Republican Co-Chair; Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; Lisk, Republican Vice Chair; Alexander; Benson; Boldt; Buck; Clements; Cody; Cox; Dunshee; Fromhold; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Mastin; Mulliken; Pearson; Pflug; Ruderman; Schmidt; Schual-Berke; Talcott and Tokuda.
Voting yea: Representatives Sehlin, Sommers, Barlean, Doumit, Lisk, Alexander, Benson, Boldt, Buck, Clements, Cody, Cox, Dunshee, Fromhold, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Mastin, McIntire, Mulliken, Pearson, Pflug, Ruderman, Schmidt, Schual-Berke, Talcott and Tokuda.
Passed to Committee on Rules for second reading.
April 12, 2001
SB 5430 Prime Sponsor, Senator Costa: Requiring insurers to provide coverage for cranial hair prostheses. Reported by Committee on Health Care
MAJORITY recommendation: Do pass as amended. (For amendment, see Second Reading, Journal Day 95, April 12, 2001. Signed by Representatives Campbell, Republican Co-Chair; Cody, Democratic Co-Chair; Schual-Berke, Democratic Vice Chair; Skinner, Republican Vice Chair; Conway; Edmonds; Marine; McMorris and Pennington.
MINORITY recommendation: Do not pass. Signed by Representatives Darneille.
Voting yea: Representatives Cody, Campbell, Schual-Berke, Skinner, Conway, Edmonds, Marine, McMorris, and Pennington.
Voting nay: Representative Darneille.
Excused: Representatives Alexander, Ballasiotes, Edwards and Ruderman.
Passed to Committee on Rules for second reading.
There being no objection, the bills listed on the day's committee reports under the fifth order of business were referred to the committees so designated.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
SENATE BILL NO. 5270 by Senators Costa, Long, Gardner, Carlson and Kohl-Welles
Modifying requirements for certain victims of sexually violent predators to be eligible for victims' compensation.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Ballasiotes and O'Brien spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Senate Bill No. 5270.
MOTIONS
On motion of Representative Schindler, Representatives Buck and Mielke were excused. On motion of Representative Santos, Representatives Kirby and Poulsen were excused.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5270 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, 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, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 94.
Excused: Representatives Buck, Kirby, Mielke, and Poulsen - 4.
Senate Bill No. 5270, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 5440 by Senators Jacobsen and Oke
Raising the number of the governor's appointees to the fish and wildlife commission from two to three.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Pearson and Doumit spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Senate Bill No. 5440.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5440 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, 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, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 96.
Excused: Representatives Kirby, and Poulsen - 2.
Senate Bill No. 5440, having received the necessary constitutional majority, was declared passed.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5122 by Senate Committee on Human Services & Corrections
Revising procedures and standards for commitment of sexually violent predators.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Criminal Justice & Corrections was adopted. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Ballasiotes and O'Brien spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5122 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5122 as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, 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, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 95.
Voting nay: Representative Darneille - 1.
Excused: Representatives Kirby and Poulsen - 2.
Engrossed Substitute Senate Bill No. 5122 as amended by the House, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5465 by Senate Committee on Human Services & Corrections
Changing provisions relating to sex offender treatment providers.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Criminal Justice & Corrections was adopted. (For committee amendment, see Journal, 82nd Day, March 30, 2000.)
There being no objection, amendment (0165) was withdrawn.
Representative Darneille moved the adoption of the following amendment (0157):
On page 3, line 2, after "The" insert "certified sex offender"
On page 3, line 2, after "provider" insert "acting in the course of his or her duties and providing treatment to a person who has been released to a less restrictive alternative or to a level III sex offender on community custody as a court or department ordered condition of sentence"
On page 3, line 3, after "unless the" insert "certified sex offender"
On page 3, line 5, after "by the" insert "certified sex offender"
On page 3, line 14, after "profession" insert ", for the purposes of civil liability"
On page 3, after line 14, insert the following:
"(3) The limited immunity provided under this section does not apply to sex offender treatment providers who are not certified or to treatment providers who are providing treatment or consulting under section 5 of this act."
Representatives Darneille and Ballasiotes spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Darneille moved the adoption of the following amendment (0177):
On page 4, after line 2, insert the following:
"NEW SECTION. Sec. 6. A new section is added to chapter 71.09 RCW to read as follows:
A treatment provider, whether or not he or she is employed or approved by the department of social and health services under section 5(1) of this act or otherwise certified, may not perform or provide treatment of sexually violent predators under section 5 of this act if the treatment provider has been:
(1) Convicted of a sex offense, as defined in RCW 9.94A.030;
(2) Convicted in any other jurisdiction of an offense that under the laws of this state would be classified as a sex offense as defined in RCW 9.94A.030; or
(3) Suspended or otherwise restricted from practicing any health care profession by competent authority in any state, federal, or foreign jurisdiction.
Sec. 7. RCW 18.155.070 and 1990 c 3 s 807 are each amended to read as follows:
(1) The department shall issue a certificate to any applicant who meets the following requirements:
(((1))) (a) Successful completion of an educational program approved by the secretary or successful completion of alternate training which meets the criteria of the secretary;
(((2))) (b) Successful completion of any experience requirement established by the secretary;
(((3))) (c) Successful completion of an examination administered or approved by the secretary;
(((4))) (d) Not having engaged in unprofessional conduct or being unable to practice with reasonable skill and safety as a result of a physical or mental impairment;
(((5))) (e) Other requirements as may be established by the secretary that impact the competence of the sex offender treatment provider.
(2) The department may not issue a certificate to any applicant who has been:
(a) Convicted of a sex offense, as defined in RCW 9.94A.030;
(b) Convicted in any other jurisdiction of an offense that under the laws of this state would be classified as a sex offense as defined in RCW 9.94A.030; or
(c) Suspended or otherwise restricted from practicing any health care profession by competent authority in any state, federal, or foreign jurisdiction."
Correct the title.
Representatives Darneille and Ballasiotes spoke in favor of the adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Ballasiotes, O'Brien, Ballasiotes (again) and Brien (again) spoke in favor of passage of the bill.
Representatives Carrell, Conway, and Cairnes spoke against passage of the bill.
There being no objection, the House deferred action on Substitute Senate Bill No. 5465 and the bill held its place on the Third Reading calendar.
SUBSTITUTE SENATE BILL NO. 5638 by Senate Committee on State & Local Government
Making technical corrections to county treasurer statutes.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Local Government & Housing was before the House for purpose of amendments. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
There being no objection, amendment (152) was withdrawn.
Representative Mielke moved the adoption of the following amendment (0168) to the committee amendment:
On page 12, beginning on line 1, strike all of section 19.
Renumber the remaining sections consecutively.
Correct the title.
Representative Mielke spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
Representative Mulliken moved the adoption of the following amendment (170) to the committee amendment:
On page 15, beginning on line 1, strike section 23.
Correct the title.
Representatives Mulliken and Dunshee spoke in favor of the adoption of the amendment to the committee amendment.
The amendment to the committee amendment was adopted.
The committee amendment as amended was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Dunshee and Marine spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Substitute Senate Bill No. 5638 as amended by the House.
MOTION
On motion of Representative Santos, Speaker Chopp was excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5638 as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, 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, Tokuda, Talcott, Van Luven, Veloria, Wood, Woods, and Speaker Ballard - 95.
Excused: Representatives Kirby, Poulsen, and Speaker Chopp - 3.
Substitute Senate Bill No. 5638 as amended by the House, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 5604 by Senators Spanel and Gardner
Allowing the liquor control board to authorize controlled purchase programs.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Commerce & Labor was not adopted. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
Representative Conway moved the adoption of the following amendment (178):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 66.44.290 and 1965 c 49 s 1 are each amended to read as follows:
(1) Every person under the age of twenty-one years who purchases or attempts to purchase liquor shall be guilty of a violation of this title. This section does not apply to persons between the ages of eighteen and twenty-one years who are participating in a controlled purchase program authorized by the liquor control board under rules adopted by the board. Violations occurring under a private, controlled purchase program authorized by the liquor control board may not be used for criminal or administrative prosecution.
(2) An employer who conducts an in-house controlled purchase program authorized under this section shall provide his or her employees a written description of the employer's in-house controlled purchase program. The written description must include notice of actions an employer may take as a consequence of an employee’s failure to comply with company policies regarding the sale of alcohol during an in-house controlled purchase.
(3) An in-house controlled purchase program authorized under this section shall be for the purposes of employee training and employer self-compliance checks. An employer may not terminate an employee solely for a first-time failure to comply with company policies regarding the sale of alcohol during an in-house controlled purchase program authorized under this section."
Representatives Conway and Clements spoke in favor of adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representative Conway spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Senate Bill No. 5604 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5604 as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Tokuda, Talcott, Van Luven, Veloria, Wood, Woods, and Speaker Ballard - 96.
Excused: Representatives Kirby and Speaker Chopp - 2.
Senate Bill No. 5604 as amended by the House, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5988 by Senate Committee on Ways & Means
Establishing compensation levels for certain employees of the state investment board.
The bill was read the second time.
Representative Anderson moved the adoption of the following amendment (168):
On page 2, line 2, after "the" strike all material through "investment" and insert "Washington personnel resources"
On page 2, line 3, after "board." strike "The" and insert the following:
"The investment board is authorized to maintain a retention pool to consist of no more than ten percent of the total salary amount of those investment officers as established by the personnel resources board to be used exclusively for recruitment and retention purposes for such employees.
The"
Representatives Anderson and Sommers spoke in favor of adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Sommers and Anderson spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Substitute Senate Bill No. 5988 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5988 as amended by the House and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Tokuda, Talcott, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 94.
Voting Nay: Representatives Cooper and Hunt - 2.
Excused: Representatives Dunshee and Kirby - 2.
Substitute Senate Bill No. 5988 as amended by the House, having received the necessary constitutional majority, was declared passed.
There being no objection, the House deferred action on Substitute Senate Bill No. 5910, and the bill held its place on the Second Reading calendar.
SIGNED BY THE SPEAKERS
The Speakers signed:
MESSAGE FROM THE SENATE
April 12, 2001
Mr. Speakers:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 1093,
SUBSTITUTE HOUSE BILL NO. 1119,
SUBSTITUTE HOUSE BILL NO. 1163,
SUBSTITUTE HOUSE BILL NO. 1174,
SUBSTITUTE HOUSE BILL NO. 1339,
ENGROSSED HOUSE BILL NO. 1530,
SUBSTITUTE HOUSE BILL NO. 1537,
ENGROSSED HOUSE BILL NO. 1606,
SUBSTITUTE HOUSE BILL NO. 1649,
SUBSTITUTE HOUSE BILL NO. 1793,
SUBSTITUTE HOUSE BILL NO. 1915,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2191,
and the same are herewith transmitted.
Tony M. Cook, Secretary
SECOND READING
ENGROSSED SENATE BILL NO. 5790 by Senators Kline, Costa, Shin, Sheahan, McCaslin, Deccio, Winsley and Constantine
Revising provisions relating to vehicular assault.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Judiciary was before the House for purpose of amendments. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
There being no objection, the House deferred action on Engrossed Senate Bill No. 5790, and the bill held its place on the Second Reading calendar.
SUBSTITUTE SENATE BILL NO. 5558 by Senate Committee on Judiciary
Clarifying penalty procedures for alcohol violators.
The bill was read the second time.
There being no objection, the House deferred action on Substitute Senate Bill No. 5558, and the bill held its place on the Second Reading calendar.
SUBSTITUTE SENATE BILL NO. 5910 by Senate Committee on Environment, Energy & Water
Regarding temporary nonuse of a water right.
The bill was read the second time.
Representative G. Chandler moved the adoption of the following amendment (184):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.14.140 and 1998 c 258 s 1 are each amended to read as follows:
(1) For the purposes of RCW 90.14.130 through 90.14.180, "sufficient cause" shall be defined as the nonuse of all or a portion of the water by the owner of a water right for a period of five or more consecutive years where such nonuse occurs as a result of:
(a) Drought, or other unavailability of water;
(b) Active service in the armed forces of the United States during military crisis;
(c) Nonvoluntary service in the armed forces of the United States;
(d) The operation of legal proceedings;
(e) Federal or state agency leases of or options to purchase lands or water rights which preclude or reduce the use of the right by the owner of the water right;
(f) Federal laws imposing land or water use restrictions either directly or through the voluntary enrollment of a landowner in a federal program implementing those laws, or acreage limitations, or production quotas;
(g) Temporarily reduced water need for irrigation use where such reduction is due to varying weather conditions, including but not limited to precipitation and temperature, that warranted the reduction in water use, so long as the water user's diversion and delivery facilities are maintained in good operating condition consistent with beneficial use of the full amount of the water right;
(h) Temporarily reduced diversions or withdrawals of irrigation water directly resulting from the provisions of a contract or similar agreement in which a supplier of electricity buys back electricity from the water right holder and the electricity is needed for the diversion or withdrawal or for the use of the water diverted or withdrawn for irrigation purposes;
(i) Water conservation measures implemented under the Yakima river basin water enhancement project, so long as the conserved water is reallocated in accordance with the provisions of P.L. 103-434;
(j) Reliance by an irrigation water user on the transitory presence of return flows in lieu of diversion or withdrawal of water from the primary source of supply, if such return flows are measured or reliably estimated using a scientific methodology generally accepted as reliable within the scientific community; or
(k) The reduced use of irrigation water resulting from crop rotation. For purposes of this subsection, crop rotation means the temporary change in the type of crops grown resulting from the exercise of generally recognized sound farming practices. Unused water resulting from crop rotation will not be relinquished if the remaining portion of the water continues to be beneficially used.
(2) Notwithstanding any other provisions of RCW 90.14.130 through 90.14.180, there shall be no relinquishment of any water right:
(a) If such right is claimed for power development purposes under chapter 90.16 RCW and annual license fees are paid in accordance with chapter 90.16 RCW;
(b) If such right is used for a standby or reserve water supply to be used in time of drought or other low flow period so long as withdrawal or diversion facilities are maintained in good operating condition for the use of such reserve or standby water supply;
(c) If such right is claimed for a determined future development to take place either within fifteen years of July 1, 1967, or the most recent beneficial use of the water right, whichever date is later;
(d) If such right is claimed for municipal water supply purposes under chapter 90.03 RCW;
(e) If such waters are not subject to appropriation under the applicable provisions of RCW 90.40.030; or
(f) If such right or portion of the right is leased to another person for use on land other than the land to which the right is appurtenant as long as the lessee makes beneficial use of the right in accordance with this chapter and a transfer or change of the right has been approved by the department in accordance with RCW 90.03.380, 90.03.383, 90.03.390, or 90.44.100.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title.
Representatives G. Chandler and Linville spoke in favor of adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives G. Chandler and Linville spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Substitute Senate Bill No. 5910 as amended by the House.
There being no objection, Representatives Barlean and Sehlin were excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5910 as amended by the House and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 94.
Excused: Representatives Barlean, Dunshee, Kirby and Sehlin - 4.
Substitute Senate Bill No. 5910 as amended by the House, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5114 by Senate Committee on Transportation
Modifying motorcycle provisions.
The request for a scope and object ruling on amendment number (149) was withdrawn.
There being no objection, amendment number (149) was withdrawn.
Representative Hatfield moved the adoption of the following amendment (187):
Beginning on page 2, after line 3, strike all material through "46.20.520." on line 9.
Representatives Hatfield and Pennington spoke in favor of adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Speaker Ballard stated the question before the House to be the final passage of Substitute Senate Bill No. 5114 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5114 as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 95.
Excused: Representatives Barlean, Dunshee, and Kirby - 3.
Substitute Senate Bill No. 5114 as amended by the House, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5438 by Senate Committee on Natural Resources, Parks & Shorelines
Giving the fish and wildlife commission rule-making authority over the fish and wildlife vehicle use permit program.
The bill was read the second time.
Representative Pennington moved the adoption of the following amendment (182):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 77.32.380 and 2000 c 107 s 271 are each amended to read as follows:
(1) Persons who enter upon or use clearly identified department improved access facilities with a motor vehicle may be required to display a current annual fish and wildlife lands vehicle use permit on the motor vehicle while within or while using an improved access facility. An "improved access facility" is a clearly identified area specifically created for motor vehicle parking, and includes any boat launch or boat ramp associated with the parking area, but does not include the department parking facilities at the Gorge Concert Center near George, Washington. ((The vehicle use permit is issued in the form of a decal.)) One ((decal))vehicle use permit shall be issued at no charge with ((each)) an initial purchase of either an annual saltwater, freshwater, combination, small game hunting, big game hunting, ((and)) or trapping license issued by the department. The annual fee for a fish and wildlife lands vehicle use permit, if purchased separately, is ten dollars. A person to whom the department has issued a ((decal)) vehicle use permit or who has purchased a vehicle use permit separately may purchase ((a decal)) additional vehicle use permits from the department ((for each additional vehicle owned by the person)) at a cost of five dollars per ((decal upon a showing of proof to the department that the person owns the additional vehicle or vehicles)) vehicle use permit. Revenue derived from the sale of fish and wildlife lands vehicle use permits shall be used solely for the stewardship and maintenance of department improved access facilities.
Youth groups may use department improved access facilities without possessing a vehicle use permit when accompanied by a vehicle use permit holder.
The department may accept contributions into the state wildlife fund for the sound stewardship of fish and wildlife. Contributors shall be known as "conservation patrons" and, for contributions of twenty dollars or more, shall receive a fish and wildlife lands vehicle use permit free of charge.
(2) The ((decal)) vehicle use permit must be ((affixed in a permanent manner to)) displayed from the interior of the motor vehicle so that it is clearly visible from outside of the motor vehicle before entering upon or using the motor vehicle on a department improved access facility((, and must be displayed on the rear window of the motor vehicle, or, if the motor vehicle does not have a rear window, on the rear of the motor vehicle)). The vehicle use permit can be transferred between two vehicles and must contain space for the vehicle license numbers of each vehicle.
(3) Failure to display the fish and wildlife lands vehicle use permit if required by this section is an infraction under chapter 7.84 RCW, and department employees are authorized to issue a notice of infraction to the registered owner of any motor vehicle entering upon or using a department improved access facility without such a ((decal)) vehicle use permit. The penalty for failure to clearly display ((or improper display of)) the ((decal)) vehicle use permit is sixty-six dollars. This penalty is reduced to thirty dollars if the registered owner provides proof to the court that he or she purchased a decal within fifteen days after the issuance of the notice of violation."
Representatives Pennington and Doumit spoke in favor of adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Speaker Ballard stated the question before the House to be the final passage of Substitute Senate Bill No. 5438 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5438 as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 95.
Voting nay: Representative Quall - 1.
Excused: Representatives Barlean and Kirby - 2.
Substitute Senate Bill No. 5438 as amended by the House, having received the necessary constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 5790 by Senators Kline, Costa, Shin, Sheahan, McCaslin, Deccio, Winsley and Constantine
Revising provisions relating to vehicular assault.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Judiciary was adopted. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Hurst and Esser spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Engrossed Senate Bill No. 5790 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5790 as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 96.
Excused: Representatives Barlean and Kirby - 2.
Engrossed Senate Bill No. 5790 as amended by the House, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5558 by Senate Committee on Judiciary
Clarifying penalty procedures for alcohol violators.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Judiciary was adopted. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Lovick and Carrell spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Substitute Senate Bill No. 5558 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5558 as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 1, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 95.
Voting nay: Representative Dunn - 1.
Excused: Representatives Barlean and Kirby - 2.
Substitute Senate Bill No. 5558 as amended by the House, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5986 by Senate Committee on Health & Long-Term Care
Regulating county or local government-owned psychiatric facilities.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Health Care was adopted. (For committee amendment, see Journal, 82nd Day, March 30, 2001.)
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Campbell and Cody spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Substitute Senate Bill No. 5986 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5986 as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 96.
Excused: Representatives Barlean and Kirby - 2.
Substitute Senate Bill No. 5986 as amended by the House, having received the necessary constitutional majority, was declared passed.
There being no objection, the Rules Committee was relieved of the following bills which were placed on the Second Reading calendar:
SUBSTITUTE SENATE BILL NO. 5896,
SUBSTITUTE SENATE BILL NO. 5896 by Senate Committee on Ways & Means
Providing for additional DNA testing of evidence.
The bill was read the second time.
Representative O'Brien moved the adoption of the following amendment (186):
On page 1, line 8, after "of a" strike "felony" and insert "class B felony that is a crime against a person as defined in RCW 9.94A.440"
Representatives O'Brien and Ballasiotes spoke in favor of adoption of the amendment.
The amendment was adopted.
Speaker Ballard stated the question before the House to be final passage of Substitute Senate Bill No. 5896 as amended by the House.
There being no objection, Representatives Grant, Mitchell, Reardon, Sehlin and Sommers were excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5896 as amended by the House and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 92.
Excused: Representatives Grant, Kirby, Mitchell, Reardon, Sehlin, and Sommers - 6.
Substitute Senate Bill No. 5896 as amended by the House, having received the necessary constitutional majority, was declared passed.
SENATE BILL NO. 5430 by Senators Costa, Spanel, Franklin, Winsley, Thibaudeau, Long, Fairley, Prentice, Eide and Kohl-Welles
Requiring insurers to provide coverage for cranial hair prostheses.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Health Care was adopted. (For committee amendment, see previous fifth order.)
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Campbell and Cody spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Senate Bill No. 5430 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5430 as amended by the House and the bill passed the House by the following vote: Yeas - 91, Nays - 1, Absent - 0, Excused - 6.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 91.
Voting nay: Representative Darneille - 1.
Excused: Representatives Grant, Kirby, Mitchell, Reardon, Sehlin, and Sommers - 6.
Senate Bill No. 5430 as amended by the House, having received the necessary constitutional majority, was declared passed.
SIGNED BY THE SPEAKERS
The Speakers signed:
SUBSTITUTE HOUSE BILL NO. 1001,
SUBSTITUTE HOUSE BILL NO. 1256,
SUBSTITUTE HOUSE BILL NO. 1467,
SUBSTITUTE HOUSE BILL NO. 1501,
SUBSTITUTE HOUSE BILL NO. 1884,
There being no objection, the Rules Committee was relieved of Senate Bill No. 5333, and the bill was placed on the Second Reading calendar.
SECOND READING
SENATE BILL NO. 5333 by Senators Honeyford, Hale, Morton, Hochstatter, Hewitt, Swecker and Sheahan
Concerning preliminary permits for water closed to diversions due to a federal moratorium.
The bill was read the second time.
There being no objection, the committee amendment by the Committee on Agriculture & Ecology was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Delvin and Grant spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Senate Bill No. 5333 as amended by the House.
There being no objection, Representatives Cooper, Doumit, Dunshee, Eickmeyer, Gombosky, Keiser, Kenney, Kirby, McIntire, Poulsen, Reardon, Ruderman, Schual-Berke, Sehlin, Sommers and Speaker Chopp were excused.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5333 as amended by the House and the bill passed the House by the following vote: Yeas - 82, Nays - 0, Absent - 0, Excused - 16.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunn, Edmonds, Edwards, Ericksen, Esser, Fisher, Fromhold, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Roach, Rockefeller, Romero, Santos, Schindler, Schmidt, Schoesler, Simpson, Skinner, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, and Speaker Ballard - 82.
Excused: Representatives Cooper, Doumit, Dunshee, Eickmeyer, Gombosky, Keiser, Kenney, Kirby, McIntire, Poulsen, Reardon, Ruderman, Schual-Berke, Sehlin, Sommers, and Speaker Chopp - 16.
Senate Bill No. 5333 as amended by the House, having received the necessary constitutional majority, was declared passed.
There being no objection, the House reverted to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HB 2234 by Representatives Ahern, Mastin, Mulliken, Roach, Schindler, Sump, Anderson, Jarrett, Armstrong, McMorris, Benson, Morell, Cox, Mielke, Pearson, Mitchell, Alexander and Casada
AN ACT Relating to clarifying the repeal of motor vehicle taxes; creating a new section; repealing RCW 35.58.273, 35.58.274, 35.58.275, 35.58.276, 35.58.277, and 35.58.278; and declaring an emergency.
Held on First Reading.
HB 2241 by Representatives Ericksen, Woods, Mitchell, Esser, Morell and Anderson
AN ACT Relating to transportation permit efficiency; amending RCW 47.01.290; adding a new section to chapter 77.55 RCW; adding a new chapter to Title 47 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Transportation.
HB 2242 by Representatives Cody, Lisk, Ruderman, Alexander and Eickmeyer
AN ACT Relating to medicaid nursing home rates; amending RCW 74.46.020, 74.46.165, 74.46.410, 74.46.421, 74.46.431, 74.46.433, 74.46.435, 74.46.437, 74.46.501, and 74.46.711; amending 1998 c 322 s 47 (uncodified); reenacting and amending RCW 74.46.506; adding new sections to chapter 74.46 RCW; creating new sections; repealing RCW 74.46.908 and 74.46.506; providing effective dates; and declaring an emergency.
Referred to Committee on Appropriations.
HB 2243 by Representatives Carrell, Conway, Talcott, Kirby, Bush, Cairnes, Casada, Campbell, Jackley and Roach
AN ACT Relating to escape by sexually violent predators; 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 Rules.
HB 2244 by Representative Sommers
AN ACT Relating to the higher education retirement plan; amending RCW 28B.10.400; creating a new section; repealing RCW 28B.10.423; providing an effective date; and declaring an emergency.
Referred to Committee on Appropriations.
HB 2245 by Representatives Anderson, Pflug, Crouse, Cairnes, Bush, DeBolt, B. Chandler, Mielke, Schmidt, Delvin, Casada, Esser, McMorris, Pennington, Reardon, Berkey, Simpson, Linville, Barlean, Marine and Fromhold
AN ACT Relating to providing tax incentives to promote the production and distribution of electricity from alternative sources of energy; amending RCW 82.08.02567 and 82.12.02567; adding a new section to chapter 82.16 RCW; creating a new section; and providing expiration dates.
Held on First Reading.
HB 2246 by Representatives Romero, Hunt, Dickerson, DeBolt and Alexander
AN ACT Relating to providing a sales and use tax exemption for the repair of earthquake damaged historic buildings; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; providing expiration dates; and declaring an emergency
SSB 5344 by Senate Committee on Ways & Means
AN ACT Relating to legislative building preservation and renovation; amending RCW 39.42.060; adding a new chapter to Title 43 RCW; making an appropriation; and declaring an emergency.
Referred to Committee on Capital Budget.
2SSB 5469 by Senate Committee on Ways & Means
AN ACT Relating to tax incentives in rural counties and community empowerment zones; amending RCW 82.60.010, 82.60.020, 82.62.010, 82.62.030, and 82.62.045; providing an effective date; and declaring an emergency.
Referred to Committee on Finance.
2SSB 5576 by Senate Committee on Ways & Means (originally sponsored by Senator Hargrove; by request of Governor Locke)
AN ACT Relating to the simplification of public assistance asset tests; and amending RCW 74.04.005.
Referred to Committee on Children & Family Services.
2SSB 5625 by Senate Committee on Education (originally sponsored by Senator McAuliffe, Finkbeiner, Carlson and Kohl-Wells; by request of Governor Locke, Academic Achievement & Accountability Commission and State Board of Education)
AN ACT Relating to adopting recommendations of the academic achievement and accountability commission.
Referred to Committee on Education.
SB 6036 by Senators Eide, Benton, Winsley, Oke, Long, Stevens, Johnson, Finkbeiner, Hale, Hochstatter, Carlson, Swecker, Rossi, Roach, T. Sheldon, Patterson and Kastama
AN ACT Relating to local motor vehicle excise taxes; creating a new section; repealing RCW 35.58.273, 35.58.274, 35.58.275, 35.58.276, 35.58.277, 35.58.278, 35.58.279, 35.58.2791, and 35.58.2792; providing a retroactive effective date; and declaring an emergency.
Held on First Reading.
ESSB 6143 by Senate Committee on Human Services & Corrections (originally sponsored by Senators T. Sheldon, Hargrove, Long, Costa, Roach, Snyder, McCaslin, Spanel, Winsley, Gardner, Eide, Zarelli, Rossi, Benton, Hochstatter, Swecker, Kastama, Shin, Patterson, Kline, Fraser, McAuliffe and Rasmussen)
AN ACT Relating to community notification for risk level III sex and kidnapping offenders; and amending RCW 65.16.020 and 4.24.550.
Referred to Committee on Criminal Justice & Corrections.
SCR 8415 by Senators Snyder and West
Amending cutoff dates.
Held on First Reading.
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.
There being no objection, the following bills on the Second Reading calendar were returned to the Rules Committee:
HOUSE CONCURRENT RESOLUTION NO. 4408,
HOUSE CONCURRENT RESOLUTION NO. 4409,
HOUSE CONCURRENT RESOLUTION NO. 4411,
HOUSE CONCURRENT RESOLUTION NO. 4412,
SUBSTITUTE SENATE BILL NO. 5376,
SUBSTITUTE SENATE BILL NO. 5433,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5500,
SUBSTITUTE SENATE BILL NO. 5511,
SUBSTITUTE SENATE BILL NO. 5533,
ENGROSSED SENATE BILL NO. 5872,
SUBSTITUTE SENATE BILL NO. 5919,
SUBSTITUTE SENATE BILL NO. 5984,
SUBSTITUTE SENATE BILL NO. 6012,
There being no objection, Substitute Senate Bill No. 5465 was returned to the Rules Committee from the Third Reading calendar.
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the House adjourned until 9:00 a.m., April 13, 2001, the 96th Legislative Day.
CLYDE BALLARD, Speaker FRANK CHOPP, Speaker
TIMOTHY A. MARTIN, Chief Clerk CYNTHIA ZEHNDER, Chief Clerk