ONE HUNDRED FIFTH DAY
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MORNING SESSION
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House Chamber, Olympia, Sunday, April 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 Mal Monahan and Karen Smith. Prayer was offered by Representative Lynn Kessler.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
Speaker Ballard thanked the page supervisors, Mal Monahan and Karen Smith, for their hard work and assistance during this unusual year and asked the Chamber to acknowledge them.
SIGNED BY THE SPEAKERS
The Speakers signed:
ENGROSSED HOUSE BILL NO. 1015,
SECOND SUBSTITUTE HOUSE BILL NO. 1249,
SUBSTITUTE HOUSE BILL NO. 1314,
SUBSTITUTE HOUSE BILL NO. 1391,
SUBSTITUTE HOUSE BILL NO. 1950,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2172,
ENGROSSED HOUSE BILL NO. 2247,
MESSAGES FROM THE SENATE
April 21, 2001
Mr. Speakers:
The Senate concurred in the House amendment to the following bills and passed the bills as amended by the House:
SUBSTITUTE SENATE BILL NO. 5187,
SUBSTITUTE SENATE BILL NO. 5533,
and the same is herewith transmitted.
Tony M. Cook, Secretary
April 22, 2001
Mr. Speakers:
The President has signed:
ENGROSSED HOUSE BILL NO. 1015,
SECOND SUBSTITUTE HOUSE BILL NO. 1249,
SUBSTITUTE HOUSE BILL NO. 1314,
SUBSTITUTE HOUSE BILL NO. 1391,
SUBSTITUTE HOUSE BILL NO. 1950,
ENGROSSED HOUSE BILL NO. 2247,
and the same are herewith transmitted.
Tony M. Cook, Secretary
SIGNED BY THE SPEAKERS
The Speakers signed:
SECOND SUBSTITUTE HOUSE BILL NO. 1041,
SUBSTITUTE HOUSE BILL NO. 1120,
SUBSTITUTE HOUSE BILL NO.1325,
ENGROSSED HOUSE BILL NO. 1350,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1418,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1625,
SUBSTITUTE HOUSE BILL NO. 1680,
SUBSTITUTE HOUSE BILL NO. 2046,
SUBSTITUTE HOUSE BILL NO. 2104,
SENATE AMENDMENTS TO HOUSE BILL
April 21, 2001
Mr. Speakers:
The Senate has passed ENGROSSED HOUSE BILL NO. 1350, with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature intends to assure that appeals of department of ecology decisions regarding changes or transfers of water rights that are the subject of an ongoing general adjudication of water rights are governed by an appeals process that is efficient and eliminates unnecessary duplication, while fully preserving the rights of all affected parties. The legislature intends to address only the judicial review process for certain decisions of the pollution control hearings board when a general adjudication is being actively litigated. The legislature intends to fully preserve the role of the pollution control hearings board, except as specifically provided in this act.
Sec. 2. RCW 43.21B.110 and 1998 c 262 s 18, 1998 c 156 s 8, and 1998 c 36 s 22 are each reenacted and amended to read as follows:
(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, or local health departments:
(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330.
(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, 90.48.120, and 90.56.330.
(c) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under RCW 70.95.300.
(d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.
(e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.
(f) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820, and decisions of the department regarding waste-derived soil amendments under RCW 70.95.205.
(g) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW 90.64.026.
(h) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.
(2) The following hearings shall not be conducted by the hearings board:
(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.
(b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
(c) Proceedings conducted by the department ((relating to general adjudications of water rights pursuant to chapter 90.03 or 90.44 RCW)), or the department's designee, under RCW 90.03.160 through 90.03.210 or 90.44.220.
(d) Hearings conducted by the department to adopt, modify, or repeal rules.
(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW.
Sec. 3. RCW 34.05.514 and 1995 c 347 s 113 and 1995 c 292 s 9 are each reenacted and amended to read as follows:
(1) Except as provided in subsections (2) and (3) of this section, proceedings for review under this chapter shall be instituted by paying the fee required under RCW 36.18.020 and filing a petition in the superior court, at the petitioner's option, for (a) Thurston county, (b) the county of the petitioner's residence or principal place of business, or (c) in any county where the property owned by the petitioner and affected by the contested decision is located.
(2) For proceedings involving institutions of higher education, the petition shall be filed either in the county in which the principal office of the institution involved is located or in the county of a branch campus if the action involves such branch.
(3) For proceedings conducted by the pollution control hearings board pursuant to chapter 43.21B RCW or as otherwise provided in RCW 90.03.210(2) involving decisions of the department of ecology on applications for changes or transfers of water rights that are the subject of a general adjudication of water rights that is being litigated actively under chapter 90.03 or 90.44 RCW, the petition must be filed with the superior court conducting the adjudication, to be consolidated by the court with the general adjudication. A party to the adjudication shall be a party to the appeal under this chapter only if the party files or is served with a petition for review to the extent required by this chapter.
Sec. 4. RCW 43.21B.310 and 1992 c 73 s 3 are each amended to read as follows:
(1) Except as provided in RCW 90.03.210(2), any order issued by the department, the administrator of the office of marine safety, or authority pursuant to RCW 70.94.211, 70.94.332, 70.105.095, 43.27A.190, 86.16.020, 88.46.070, or 90.48.120(2) or any provision enacted after July 26, 1987, or any permit, certificate, or license issued by the department may be appealed to the pollution control hearings board if the appeal is filed with the board and served on the department or authority within thirty days after receipt of the order. Except as provided under chapter 70.105D RCW and RCW 90.03.210(2), this is the exclusive means of appeal of such an order.
(2) The department, the administrator, or the authority in its discretion may stay the effectiveness of an order during the pendency of such an appeal.
(3) At any time during the pendency of an appeal of such an order to the board, the appellant may apply pursuant to RCW 43.21B.320 to the hearings board for a stay of the order or for the removal thereof.
(4) Any appeal must contain the following in accordance with the rules of the hearings board:
(a) The appellant's name and address;
(b) The date and docket number of the order, permit, or license appealed;
(c) A description of the substance of the order, permit, or license that is the subject of the appeal;
(d) A clear, separate, and concise statement of every error alleged to have been committed;
(e) A clear and concise statement of facts upon which the requester relies to sustain his or her statements of error; and
(f) A statement setting forth the relief sought.
(5) Upon failure to comply with any final order of the department or the administrator, the attorney general, on request of the department or the administrator, may bring an action in the superior court of the county where the violation occurred or the potential violation is about to occur to obtain such relief as necessary, including injunctive relief, to insure compliance with the order. The air authorities may bring similar actions to enforce their orders.
(6) An appealable decision or order shall be identified as such and shall contain a conspicuous notice to the recipient that it may be appealed only by filing an appeal with the hearings board and serving it on the department within thirty days of receipt.
Sec. 5. RCW 90.03.210 and 1988 c 202 s 92 are each amended to read as follows:
(1) During the pendency of such adjudication proceedings prior to judgment or upon review by an appellate court, the stream or other water involved shall be regulated or partially regulated according to the schedule of rights specified in the department's report upon an order of the court authorizing such regulation: PROVIDED, Any interested party may file a bond and obtain an order staying the regulation of said stream as to him, in which case the court shall make such order regarding the regulation of the stream or other water as he may deem just. The bond shall be filed within five days following the service of notice of appeal in an amount to be fixed by the court and with sureties satisfactory to the court, conditioned to perform the judgment of the court.
(2) Any appeal of a decision of the department on an application to change or transfer a water right subject to a general adjudication that is being litigated actively and was commenced before October 13, 1977, shall be conducted as follows:
(a) The appeal shall be filed with the court conducting the adjudication and served under RCW 34.05.542(3). The content of the notice of appeal shall conform to RCW 34.05.546. Standing to appeal shall be based on the requirements of RCW 34.05.530 and is not limited to parties to the adjudication.
(b) If the appeal includes a challenge to the portion of the department's decision that pertains to tentative determinations of the validity and extent of the water right, review of those tentative determinations shall be conducted by the court consistent with the provisions of RCW 34.05.510 through 34.05.598, except that the review shall be de novo.
(c) If the appeal includes a challenge to any portion of the department's decision other than the tentative determinations of the validity and extent of the right, the court must certify to the pollution control hearings board for review and decision those portions of the department's decision. Review by the pollution control hearings board shall be conducted consistent with chapter 43.21B RCW and the board's implementing regulations, except that the requirements for filing, service, and content of the notice of appeal shall be governed by (a) of this subsection.
(d) Appeals shall be scheduled to afford all parties full opportunity to participate before the superior court and the pollution control hearings board.
(e) Any person wishing to appeal the decision of the board made under (c) of this subsection shall seek review of the decision in accordance with chapter 34.05 RCW, except that the petition for review must be filed with the superior court conducting the adjudication.
(3) Nothing in this section shall be construed to affect or modify any treaty or other federal rights of an Indian tribe, or the rights of any federal agency or other person or entity arising under federal law. Nothing in this section is intended or shall be construed as affecting or modifying any existing right of a federally recognized Indian tribe to protect from impairment its federally reserved water rights in federal court.
NEW SECTION. Sec. 6. Nothing in this act shall be construed to affect or modify any treaty or other federal rights of an Indian tribe, or the rights of any federal agency or other person or entity arising under federal law. Nothing in this act is intended or shall be construed as affecting or modifying any existing right of a federally recognized Indian tribe to protect from impairment its federally reserved water rights in federal court.
NEW SECTION. Sec. 7. 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."
On page 1, line 2 of the title, after "adjudication;" strike the remainder of the title and insert "amending RCW 43.21B.310 and 90.03.210; reenacting and amending RCW 43.21B.110 and 34.05.514; creating new sections; and declaring an emergency."
There being no objection, the House concurred in the Senate amendment to Engrossed House Bill No. 1350.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
Speaker Ballard stated the question before the House to be the final passage of Engrossed House Bill No. 1350 as amended by the Senate.
Representative G. Chandler spoke in favor of the passage of the bill.
MOTIONS
On motion of Representative Schoesler, Representatives Ballasiotes, Boldt, Campbell, Crouse, DeBolt, Lambert, Mielke, Mulliken, Schindler and Schmidt were excused. On motion of Representative Santos, Representatives Kenney, Kirby, McIntire, Murray and Poulsen were excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 1350 as amended by the Senate and the bill passed the House by the following vote: Yeas - 83, Nays - 0, Absent - 0, Excused - 15.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Darneille, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kessler, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Miloscia, Mitchell, Morell, Morris, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 83.
Excused: Representatives Mielke, Mulliken, Murray, Poulsen, Schindler, Schmidt, Ballasiotes, Boldt, Campbell, Crouse, DeBolt, Kenney, Kirby, Lambert, and McIntire - 15.
Engrossed House Bill No. 1350 as amended by the Senate having received the necessary constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 20, 2001
Mr. Speakers:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2104, with the following amendment:
On page 3, after line 25, insert the following:
"In addition to the procedures under this subsection, property owners with multiple parcels in a single county who qualify for a refund under this section may apply to the department on an application listing all the parcels owned in order to have the assessment computed on all parcels but billed to a single parcel. Property owners with the following number of parcels may apply to the department in the year indicated:
Year Number of Parcels
2002 10 or more parcels
2003 8 or more parcels
2004 6 or more parcels
2005 4 or more parcels
2006 and thereafter 2 or more parcels
The department must compute the correct assessment and allocate one parcel in the county to use to collect the assessment. The county must then bill the forest fire protection assessment on that one allocated identified parcel. The landowner is responsible for notifying the department of any changes in parcel ownership."
There being no objection, the House concurred in the Senate amendment to Substitute House Bill No. 2104.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
Speaker Ballard stated the question before the House to be the final passage of Substitute House Bill No. 2104 as amended by the Senate.
Representatives Rockefeller and Sump spoke in favor of the passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2104 as amended by the Senate and the bill passed the House by the following vote: Yeas - 83, Nays - 0, Absent - 0, Excused - 15.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Darneille, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kessler, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Miloscia, Mitchell, Morell, Morris, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 83.
Excused: Representatives Ballasiotes, Boldt, Campbell, Crouse, DeBolt, Kenney, Kirby, Lambert, McIntire, Mielke, Mulliken, Murray, Poulsen, Schindler and Schmidt - 15.
Substitute House Bill No. 2104 as amended by the Senate having received the necessary constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 5, 2001
Mr. Speakers:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2046, with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The purpose of this chapter is to recognize and validate certain trusts that are established for the benefit of animals. Under the common law such trusts were unenforceable at law. The legislature intends that such trusts be recognized as valid, and that such trusts be enforceable in accordance with their terms.
NEW SECTION. Sec. 2. As used in this chapter, "animal" means a nonhuman animal with vertebrae.
NEW SECTION. Sec. 3. A trust for the care of one or more animals is valid. The animals that are to be benefited by the trust may be individually identified, or may be identified in such other manner that they can be readily identified. Unless otherwise provided in the trust instrument or in this chapter, the trust will terminate when no animal that is designated as a beneficiary of the trust remains living.
NEW SECTION. Sec. 4. Except as expressly provided otherwise in the trust instrument or in section 8 of this act, and except as may be necessary to pay the trustee reasonable compensation and to reimburse the trustee for reasonable costs incurred on behalf of the trust, no portion of the principal or income of the trust may be converted to the use of the trustee or to any use other than for the trust's purpose or for the benefit of the designated animal or animals.
NEW SECTION. Sec. 5. Upon termination of the trust, the trustee shall transfer the unexpended trust property in the following order:
(1) As directed in the instrument;
(2) If the trust was created in a nonresiduary clause in the trustor's will or in a codicil to the trustor's will and the will or codicil does not direct otherwise, under the residuary clause in the trustor's will, which shall be read as though the testator died on the date the trust terminated; and
(3) If no taker is produced by the application of subsection (1) or (2) of this section, to the trustor's heirs under RCW 11.04.015, as it exists at the time of the trust's termination.
NEW SECTION. Sec. 6. The intended use of the principal or income can be enforced by a person designated for that purpose in the trust instrument by the person having custody of an animal that is a beneficiary of the trust, or by a person appointed by a court upon application to it by any person. A person with an interest in the welfare of the animal may petition for an order appointing or removing a person designated or appointed to enforce the trust.
NEW SECTION. Sec. 7. Except as ordered by the court or required by the trust instrument, no filing, report, registration, or periodic accounting shall be required of the trust or the trustee.
NEW SECTION. Sec. 8. If no trustee is designated or no designated trustee is willing or able to serve, the court shall name a trustee. The court may order the removal of an acting trustee and the transfer of the property to another trustee if it is necessary or appropriate in order to assure that the intended use is carried out. A court may also make such other orders and determinations as shall be advisable to carry out the intent of the trustor and the purpose of this chapter.
NEW SECTION. Sec. 9. In construing the language of a trust for an animal, the governing instrument shall be liberally construed to provide the protections of this chapter. It is presumed that language contained in a trust for an animal is not merely precatory or honorary in nature unless it can be shown by clear and cogent evidence that such was the trustor's intent. Extrinsic evidence is admissible in determining the trustor's intent.
NEW SECTION. Sec. 10. RCW 11.98.130 through 11.98.160 apply to trusts that are subject to this chapter. If applicable, any reference in those statutes to a "life or lives in being or conceived at the effective date of the instrument" shall be construed to refer to any animal that is a beneficiary of the trust and that is in being or conceived at the effective date of the instrument.
NEW SECTION. Sec. 11. RCW 11.98.130 through 11.98.160 apply to trusts that are subject to this chapter.
NEW SECTION. Sec. 12. Except as otherwise provided in the trust instrument or in this chapter, all powers and duties conferred on a trustee under Washington law also apply to the trustee of a trust for animals.
NEW SECTION. Sec. 13. This chapter applies to trusts that are created on or after the effective date of this act and to trusts that are in existence on the effective date of this act, but that are revocable by the trustor on the effective date of this act. If a trustor is incompetent to exercise a power of revocation on the effective date of this act, this chapter does not apply to such trust unless the trustor later becomes competent to exercise such power of revocation, in which case this chapter applies to such trust.
NEW SECTION. Sec. 14. (1) Sections 1 through 9, 12, and 13 of this act take effect October 1, 2001.
(2) Section 10 of this act takes effect October 1, 2001, if Senate Bill No. 5054, or its legislative successor bearing the same bill number, does not take effect by October 1, 2001.
(3) Section 11 of this act takes effect October 1, 2001, if Senate Bill No. 5054, or its legislative successor bearing the same bill number, takes effect by October 1, 2001.
NEW SECTION. Sec. 15. Sections 1 through 14 of this act constitute a new chapter in Title 11 RCW."
On page 1, line 2 of the title, after "animals;" strike the remainder of the title and insert "adding a new chapter to Title 11 RCW; providing an effective date; and providing contingent effective dates."
There being no objection, the House concurred in the Senate amendment to Substitute House Bill No. 2046.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
Speaker Ballard stated the question before the House to be the final passage of Substitute House Bill No. 2046 as amended by the Senate.
Representatives Haigh and Carrell spoke in favor of the passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2046 as amended by the Senate and the bill passed the House by the following vote: Yeas - 80, Nays - 3, Absent - 0, Excused - 15.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Buck, Bush, Cairnes, Carrell, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Darneille, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Kagi, Keiser, Kessler, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Miloscia, Mitchell, Morris, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 80.
Voting nay: Representatives Casada, Jarrett, and Morell - 3.
Excused: Representatives Ballasiotes, Boldt, Campbell, Crouse, DeBolt, Kenney, Kirby, Lambert, McIntire, Mielke, Mulliken, Murray, Poulsen, Schindler and Schmidt - 15.
Substitute House Bill No. 2046 as amended by the Senate having received the necessary constitutional majority, was declared passed.
SIGNED BY THE SPEAKERS
The Speakers signed:
SUBSTITUTE SENATE BILL NO. 5187,
SUBSTITUTE SENATE BILL NO. 5319,
SUBSTITUTE SENATE BILL NO. 5533,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5606,
SUBSTITUTE SENATE BILL NO. 5988,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6143,
SENATE AMENDMENTS TO HOUSE BILL
April 20, 2001
Mr. Speakers:
The Senate insists on it position to SUBSTITUTE HOUSE BILL NO. 1120 and asks the House to concur.
and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment to Substitute House Bill No. 1120.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
Speaker Ballard stated the question before the House to be the final passage of Substitute House Bill No. 1120 as amended by the Senate.
Representatives Rockefeller and Talcott spoke in favor of the passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1120 as amended by the Senate and the bill passed the House by the following vote: Yeas - 81, Nays - 2, Absent - 0, Excused - 15.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Darneille, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kessler, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McMorris, Miloscia, Mitchell, Morell, Morris, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schoesler, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 81.
Voting nay: Representatives Keiser, and Schual-Berke - 2.
Excused: Representatives Ballasiotes, Boldt, Campbell, Crouse, DeBolt, Kenney, Kirby, Lambert, McIntire, Mielke, Mulliken, Murray, Poulsen, Schindler and Schmidt - 15.
Substitute House Bill No. 1120 as amended by the Senate having received the necessary constitutional majority, was declared passed.
There being no objection, the following bills on the day's Calendar were returned to the Rules Committee:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1266,
SUBSTITUTE HOUSE BILL NO. 1352,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1571,
SECOND SUBSTITUTE HOUSE BILL NO. 2025,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2137,
ENGROSSED HOUSE BILL NO. 2168,
RESOLUTION
HOUSE RESOLUTION NO. 2001-4654 by Representatives McMorris, Sump, Cairnes, B. Chandler, Roach, Casada, Skinner, Hunt, Ahern, Esser, Marine, Pearson, Ericksen and Conway
WHEREAS, The U.S.S. Washington, a battleship citizen of the state of Washington, was officially launched on June 1, 1940, and was formally commissioned on May 15, 1941, with Captain Howard H.J. Benson in command; and
WHEREAS, The U.S.S. Washington, while serving for four months in early 1942 with the British Home Fleet at Flagship Task Force 39, escorted convoys to Murmansk and Archangel, Russia; and
WHEREAS, The U.S.S. Washington served in numerous bombardments, battles, and air strikes, including the Bombardment of Nauru, the Battles for Leyte Gulf, and the Air Strikes on Kyushu; and
WHEREAS, The U.S.S. Washington served a total of thirty-eight months in combat zones, damaged three enemy cruisers and a destroyer, sank a battleship, a destroyer, and an oil tanker, and shot down twelve enemy planes, bombarded ten enemy islands, and repelled fifty-three air attacks; and
WHEREAS, The U.S.S. Washington won a classic ship-to-ship duel with the Japanese Battleship Kirishima and sunk Destroyer Ayanami on November 14-15, 1942, becoming the first U.S. battleship to fight an enemy destroyer and the only one to ever singly destroy one; and
WHEREAS, The U.S.S. Washington, while being the only U.S. battleship in the Pacific, patrolled enemy waters for five weeks alone, set a record steaming 31,494 miles in seventy-nine straight days, steamed 289,609 miles in World War II alone, fueled destroyers fifty-nine times, was fueled sixteen times itself, and sank more combat tonnage than any other U.S. battleship in World War II; and
WHEREAS, The U.S.S. Washington fired 3,535 rounds of sixteen-inch shells, 28,062 rounds of five-inch projectiles and over 350,000 rounds of twenty-millimeter machine gun bullets, as well as earning fifteen Battle Stars and was never hit or lost a man to the enemy; and
WHEREAS, The U.S.S. Washington finally arrived at the Puget Sound Navy Yard on June 23, 1945, and on June 1, 1960, the U.S.S. Washington was struck from the Navy list; and
WHEREAS, Delmar L. Faulks, a resident of Oroville, Washington, is one of the few surviving members of the brave crew who served onboard the U.S.S. Washington;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington recognize and honor the exemplary and patriotic service Delmar L. Faulks and the other officers and crewmen of the U.S.S. Washington gave their country, and the critical part they played in ensuring an Allied victory in World War II; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted to Delmar L. Faulks on behalf of the officers and crewmen of the U.S.S. Washington.
House Resolution No. 4654 was adopted.
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.
Passed to Rules Committee.
HB 2257 by Representatives Clements, G. Chandler and Lisk
AN ACT Relating to drought conditions; and amending RCW 43.83B.410.
Referred to Committee on Agriculture & Ecology.
ESSB 5378 by Senate Committee on Natural Resources, Parks & Shorelines (originally sponsored by Senators Jacobsen, Swecker and Spanel; 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.
Passed to Rules Committee.
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.
Passed to Rules Committee.
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.
Passed to Rules Committee.
SCR 8415 by Senators Snyder and West
Amending cutoff dates.
Passed to Rules Committee.
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. Those with no referral were referred to the Rules Committee.
REPORTS OF STANDING COMMITTEES
April 18, 2001
HB 2232 Prime Sponsor, Representative Sehlin: Defining earnable compensation for the teachers' retirement system. 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; Lambert; Linville; Mastin; Mulliken; Pearson; Ruderman; Schmidt; Schual-Berke and Talcott.
Voting yea: Representatives Alexander, Barlean, Benson, Boldt, Clements, Cody, Cox, Doumit, Dunshee, Fromhold, Gombosky, Grant, Kagi, Keiser, Kenney, Lambert, Linville, Lisk, Mastin, Mulliken, Pearson, Ruderman, Schmidt, Schual-Berke, Sehlin, Sommers and Talcott.
Excused: Representatives Buck, Kessler, McIntire, Pflug, and Tokuda.
Passed to Rules Committee for second reading.
There being no objection, the bill listed on the day's committee reports under the fifth order of business was referred to the committees so designated.
MESSAGE FROM THE SENATE
April 22, 2001
Mr. Speakers:
The Senate has adopted:
SENATE CONCURRENT RESOLUTION NO. 8416,
SENATE CONCURRENT RESOLUTION NO. 8417,
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, Senate Concurrent Resolution No. 8416 was read the first time, the rules were suspended and the concurrent resolution was placed on the Second Reading calendar.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8416, By Senators Snyder and West
Returning bills to the house of origin.
The concurrent resolution was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the concurrent resolution was placed on final passage.
Speaker Ballard stated the question before the House to be the adoption of Senate Concurrent Resolution No. 8416.
Senate Concurrent Resolution No. 8416 was adopted.
There being no objection, Senate Concurrent Resolution No. 8417 was read the first time, the rules were suspended and the concurrent resolution was placed on the Second Reading calendar.
SENATE CONCURRENT RESOLUTION NO. 8417, by Senators Snyder and West
Adjourning SINE DIE.
The concurrent resolution was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the concurrent resolution was placed on final passage.
Speaker Ballard stated the question before the House to be the adoption of Senate Concurrent Resolution No. 8417.
Senate Concurrent Resolution No. 8417 was adopted.
MESSAGE FROM THE SENATE
April 22, 2001
Mr. Speakers:
The President has signed:
SENATE CONCURRENT RESOLUTION NO. 8416,
SENATE CONCURRENT RESOLUTION NO. 8417,
and the same are herewith transmitted.
Tony M. Cook, Secretary
SIGNED BY THE SPEAKERS
The Speakers signed:
SENATE CONCURRENT RESOLUTION NO. 8416,
SENATE CONCURRENT RESOLUTION NO. 8417,
Under the provisions of Senate Concurrent Resolution No. 8416, the House returned the following Senate bills to the Senate:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5024,
SUBSTITUTE SENATE BILL NO. 5028,
SUBSTITUTE SENATE BILL NO. 5049,
SUBSTITUTE SENATE BILL NO. 5068,
SUBSTITUTE SENATE BILL NO. 5070,
SUBSTITUTE SENATE BILL NO. 5078,
SUBSTITUTE SENATE BILL NO. 5085,
ENGROSSED SENATE BILL NO. 5058,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5094,
SUBSTITUTE SENATE BILL NO. 5097,
SUBSTITUTE SENATE BILL NO. 5099,
SUBSTITUTE SENATE BILL NO. 5100,
SUBSTITUTE SENATE BILL NO. 5104,
SUBSTITUTE SENATE BILL NO. 5107,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5112,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5113,
SUBSTITUTE SENATE BILL NO. 5115,
SUBSTITUTE SENATE BILL NO. 5126,
ENGROSSED SENATE BILL NO. 5156,
SUBSTITUTE SENATE BILL NO. 5166,
SECOND SUBSTITUTE SENATE BILL NO. 5170,
SUBSTITUTE SENATE BILL NO. 5176,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5179,
SUBSTITUTE SENATE BILL NO. 5190,
SUBSTITUTE SENATE BILL NO. 5207,
SUBSTITUTE SENATE BILL NO. 5211,
SUBSTITUTE SENATE BILL NO. 5235,
SUBSTITUTE SENATE BILL NO. 5236,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5237,
SUBSTITUTE SENATE BILL NO. 5240,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5264,
SUBSTITUTE SENATE BILL NO. 5266,
SUBSTITUTE SENATE BILL NO. 5282,
SUBSTITUTE SENATE BILL NO. 5283,
SUBSTITUTE SENATE BILL NO. 5284,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5291,
SUBSTITUTE SENATE BILL NO. 5292,
ENGROSSED SENATE BILL NO. 5299,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5327,
SUBSTITUTE SENATE BILL NO. 5329,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5336,
SUBSTITUTE SENATE BILL NO. 5344,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5345,
SUBSTITUTE SENATE BILL NO. 5347,
SUBSTITUTE SENATE BILL NO. 5355,
SUBSTITUTE SENATE BILL NO. 5361,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5364,
SUBSTITUTE SENATE BILL NO. 5369,
SUBSTITUTE SENATE BILL NO. 5370,
SUBSTITUTE SENATE BILL NO. 5376,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5378,
ENGROSSED SENATE BILL NO. 5394,
SUBSTITUTE SENATE BILL NO. 5395,
SUBSTITUTE SENATE BILL NO. 5400,
SUBSTITUTE SENATE BILL NO. 5407,
SUBSTITUTE SENATE BILL NO. 5416,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5419,
SUBSTITUTE SENATE BILL NO. 5433,
SUBSTITUTE SENATE BILL NO. 5465,
SECOND SUBSTITUTE SENATE BILL NO. 5469,
SUBSTITUTE SENATE BILL NO. 5488,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5500,
SUBSTITUTE SENATE BILL NO. 5510,
SUBSTITUTE SENATE BILL NO. 5511,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5514,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5522,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5528,
SUBSTITUTE SENATE BILL NO. 5537,
SECOND SUBSTITUTE SENATE BILL NO. 5540,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5541,
SUBSTITUTE SENATE BILL NO. 5543,
SUBSTITUTE SENATE BILL NO. 5552,
SUBSTITUTE SENATE BILL NO. 5557,
ENGROSSED SENATE BILL NO. 5570,
SUBSTITUTE SENATE BILL NO. 5571,
SUBSTITUTE SENATE BILL NO. 5573,
SECOND SUBSTITUTE SENATE BILL NO. 5576,
SUBSTITUTE SENATE BILL NO. 5586,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5598,
SUBSTITUTE SENATE BILL NO. 5601,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5610,
SUBSTITUTE SENATE BILL NO. 5647,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5674,
SUBSTITUTE SENATE BILL NO. 5679,
SUBSTITUTE SENATE BILL NO. 5681,
ENGROSSED SENATE BILL NO. 5686,
SUBSTITUTE SENATE BILL NO. 5717,
SUBSTITUTE SENATE BILL NO. 5720,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5743,
SUBSTITUTE SENATE BILL NO. 5748,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5749,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5755,
SUBSTITUTE SENATE BILL NO. 5759,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5760,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5764,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5765,
SUBSTITUTE SENATE BILL NO. 5776,
SUBSTITUTE SENATE BILL NO. 5777,
SUBSTITUTE SENATE BILL NO. 5791,
SUBSTITUTE SENATE BILL NO. 5792,
SUBSTITUTE SENATE BILL NO. 5793,
SUBSTITUTE SENATE BILL NO. 5795,
SECOND SUBSTITUTE SENATE BILL NO. 5820,
ENGROSSED SENATE BILL NO. 5835,
SUBSTITUTE SENATE BILL NO. 5837,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5845,
ENGROSSED SENATE BILL NO. 5872,
SUBSTITUTE SENATE BILL NO. 5875,
SUBSTITUTE SENATE BILL NO. 5880,
ENGROSSED SENATE BILL NO. 5882,
ENGROSSED SENATE BILL NO. 5888,
SUBSTITUTE SENATE BILL NO. 5894,
SUBSTITUTE SENATE BILL NO. 5902,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5904,
SUBSTITUTE SENATE BILL NO. 5906,
SECOND SUBSTITUTE SENATE BILL NO. 5909,
SECOND SUBSTITUTE SENATE BILL NO. 5912,
SUBSTITUTE SENATE BILL NO. 5914,
SUBSTITUTE SENATE BILL NO. 5919,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5936,
SUBSTITUTE SENATE BILL NO. 5946,
SECOND SUBSTITUTE SENATE BILL NO. 5947,
SUBSTITUTE SENATE BILL NO. 5965,
SUBSTITUTE SENATE BILL NO. 5984,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5993,
SUBSTITUTE SENATE BILL NO. 5997,
ENGROSSED SENATE BILL NO. 6001,
SUBSTITUTE SENATE BILL NO. 6007,
SUBSTITUTE SENATE BILL NO. 6008,
SUBSTITUTE SENATE BILL NO. 6012,
SECOND SUBSTITUTE SENATE BILL NO. 6027,
SUBSTITUTE SENATE BILL NO. 6037,
SUBSTITUTE SENATE BILL NO. 6076,
SUBSTITUTE SENATE BILL NO. 6098,
ENGROSSED SENATE BILL NO. 6126,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6151,
SUBSTITUTE SENATE BILL NO. 6166,
SUBSTITUTE SENATE BILL NO. 6167,
SECOND SUBSTITUTE SENATE BILL NO. 6177,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8000,
SENATE JOINT MEMORIAL NO. 8001,
SENATE JOINT MEMORIAL NO. 8004,
SENATE JOINT MEMORIAL NO. 8007,
ENGROSSED SENATE JOINT MEMORIAL NO. 8012,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8015,
SECOND SUBSTITUTE SENATE JOINT RESOLUTION NO. 8206,
ENGROSSED SENATE JOINT RESOLUTION NO. 8209,
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8403,
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8404,
SENATE CONCURRENT RESOLUTION NO. 8406,
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8410,
SENATE CONCURRENT RESOLUTION NO. 8415,
MESSAGE FROM THE SENATE
April 22, 2001
Mr. Speakers:
Under the provisions of Senate Concurrent Resolution No. 8416, the following House Bills were returned to the House of Representatives:
SUBSTITUTE HOUSE BILL NO. 1011,
SUBSTITUTE HOUSE BILL NO. 1017,
SUBSTITUTE HOUSE BILL NO. 1024,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1034,
SUBSTITUTE HOUSE BILL NO. 1039,
ENGROSSED HOUSE BILL NO. 1046,
ENGROSSED HOUSE BILL NO. 1092,
SUBSTITUTE HOUSE BILL NO. 1161,
SUBSTITUTE HOUSE BILL NO. 1187,
SUBSTITUTE HOUSE BILL NO. 1188,
SECOND SUBSTITUTE HOUSE BILL NO. 1240,
SUBSTITUTE HOUSE BILL NO. 1252,
SUBSTITUTE HOUSE BILL NO. 1254,
SUBSTITUTE HOUSE BILL NO. 1260,
SUBSTITUTE HOUSE BILL NO. 1292,
SUBSTITUTE HOUSE BILL NO. 1337,
SUBSTITUTE HOUSE BILL NO. 1342,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1370,
SUBSTITUTE HOUSE BILL NO. 1381,
SUBSTITUTE HOUSE BILL NO. 1469,
SUBSTITUTE HOUSE BILL NO. 1502,
SUBSTITUTE HOUSE BILL NO. 1517,
SUBSTITUTE HOUSE BILL NO. 1528,
SUBSTITUTE HOUSE BILL NO. 1560,
SECOND SUBSTITUTE HOUSE BILL NO. 1607,
SUBSTITUTE HOUSE BILL NO. 1646,
SUBSTITUTE HOUSE BILL NO. 1717,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1728,
SUBSTITUTE HOUSE BILL NO. 1730,
SUBSTITUTE HOUSE BILL NO. 1759,
ENGROSSED HOUSE BILL NO. 1845,
SUBSTITUTE HOUSE BILL NO. 1849,
ENGROSSED HOUSE BILL NO. 1886,
SUBSTITUTE HOUSE BILL NO. 1897,
SUBSTITUTE HOUSE BILL NO. 1906,
SUBSTITUTE HOUSE BILL NO. 1908,
SUBSTITUTE HOUSE BILL NO. 1913,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1953,
SECOND SUBSTITUTE HOUSE BILL NO. 1958,
SUBSTITUTE HOUSE BILL NO. 1992,
ENGROSSED HOUSE BILL NO. 2005,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2034,
SUBSTITUTE HOUSE BILL NO. 2034,
SUBSTITUTE HOUSE BILL NO. 2066,
SUBSTITUTE HOUSE BILL NO. 2079,
SUBSTITUTE HOUSE BILL NO. 2082,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2138,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4010,
SUBSTITUTE HOUSE CONCURRENT RESOLUTION NO. 4401,
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the reading of the Journal of April 22, 2001 was dispensed with and it was ordered to stand approved.
There being no objection, the House adjourned SINE DIE.
CLYDE BALLARD, Speaker FRANK CHOPP, Speaker
TIMOTHY A. MARTIN, Chief Clerk CYNTHIA ZEHNDER, Chief Clerk