SECOND SPECIAL LEGISLATIVE SESSION
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SEVENTEENTH DAY
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House Chamber, Olympia, Wednesday, June 20, 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 Bob Gorski and Edward Prince. Prayer was offered by Representative John Lovick.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES FROM THE SENATE
June 19, 2001
Mr. Speakers:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 1926,
and the same is herewith transmitted.
Tony M. Cook, Secretary
June 19, 2001
Mr. Speakers:
The Senate has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5906,
SECOND SUBSTITUTE SENATE BILL NO. 5947,
ENGROSSED SENATE BILL NO. 6194,
ENGROSSED SENATE BILL NO. 6198,
SENATE JOINT MEMORIAL NO. 8001,
SENATE JOINT MEMORIAL NO. 8014,
and the same are herewith transmitted.
Tony M. Cook, Secretary
SIGNED BY THE SPEAKERS
The Speakers signed:
SUBSTITUTE HOUSE BILL NO. 1926,
MESSAGES FROM THE SENATE
June 20, 2001
Mr. Speakers:
The President has signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5237,
SECOND ENGROSSED SENATE BILL NO. 5686,
and the same are herewith transmitted.
Tony M. Cook, Secretary
June 20, 2001
Mr. Speakers:
The Senate has passed:
and the same is herewith transmitted.
Tony M. Cook, Secretary
SIGNED BY THE SPEAKERS
The Speakers signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5237,
SECOND ENGROSSED SENATE BILL NO. 5686,
There being no objection, the rules were suspended, the Committee on Appropriations was relieved of House Bill No. 2230, and the bill was placed on the Second Reading calendar.
SECOND READING
HOUSE BILL NO. 2230, By Representatives Cody, Pflug, Linville, G. Chandler, Quall and Morris
Revising state health and employment support benefits for incapacitated or disabled individuals.
The bill was read the second time.
Representative Cody moved the adoption of the following amendment (282):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that individuals with disabilities face many barriers and disincentives to employment. Individuals with disabilities are often unable to obtain health insurance that provides the services and supports necessary to allow them to live independently and enter or rejoin the work force. The legislature finds that there is a compelling public interest in eliminating barriers to work by continuing needed health care coverage for individuals with disabilities who enter and maintain employment.
The legislature intends to strengthen the state's policy of supporting individuals with disabilities in leading fully productive lives by supporting the implementation of the federal ticket to work and work incentives improvement act of 1999, Public Law 106-170. This shall include improving incentives to work by continuing coverage for health care and support services by seeking federal funding for innovative programs, and by exploring options which provide individuals with disabilities a choice in receiving services needed to obtain and maintain employment.
NEW SECTION. Sec. 2. A new section is added to chapter 74.09 RCW to read as follows:
(1) It is the intent of the legislature to remove barriers to employment for individuals with disabilities by providing medical assistance to the working disabled through a buy-in program in accordance with section 1902(a)(10)(A)(ii) of the social security act and eligibility and cost-sharing requirements established by the department.
(2) The department shall establish income, resource, and cost-sharing requirements for the buy-in program in accordance with federal law and any conditions or limitations specified in the omnibus appropriations act. The department shall establish and modify eligibility and cost-sharing requirements in order to administer the program within available funds. The department shall make every effort to coordinate benefits with employer-sponsored coverage available to the working disabled receiving benefits under this chapter.
Sec. 3. RCW 74.09.510 and 1997 c 58 s 201 and 1997 c 59 s 14 are each reenacted and amended to read as follows:
Medical assistance may be provided in accordance with eligibility requirements established by the department, as defined in the social security Title XIX state plan for mandatory categorically needy persons and: (1) Individuals who would be eligible for cash assistance except for their institutional status; (2) individuals who are under twenty-one years of age, who would be eligible for temporary assistance for needy families, but do not qualify as dependent children and who are in (a) foster care, (b) subsidized adoption, (c) a nursing facility or an intermediate care facility for the mentally retarded, or (d) inpatient psychiatric facilities; (3) the aged, blind, and disabled who: (a) Receive only a state supplement, or (b) would not be eligible for cash assistance if they were not institutionalized; (4) categorically eligible individuals who meet the income and resource requirements of the cash assistance programs; (5) individuals who are enrolled in managed health care systems, who have otherwise lost eligibility for medical assistance, but who have not completed a current six-month enrollment in a managed health care system, and who are eligible for federal financial participation under Title XIX of the social security act; (6) children and pregnant women allowed by federal statute for whom funding is appropriated; (7) working individuals with disabilities authorized under section 1902(a)(10)(A)(ii) of the social security act for whom funding is appropriated; (8) other individuals eligible for medical services under RCW 74.09.035 and 74.09.700 for whom federal financial participation is available under Title XIX of the social security act; and (((8))) (9) persons allowed by section 1931 of the social security act for whom funding is appropriated.
NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, this act is null and void."
Correct the title.
Representatives Cody and Campbell spoke in favor of the adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Cody, Campbell and Cox spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Engrossed House Bill No. 2230.
MOTIONS
On motion of Representative Schoesler, Representatives Ahern, Ballasiotes, Boldt, B. Chandler, G. Chandler, Pennington and Schindler were excused. On motion of Representative Santos, Representatives Conway, Edmonds, Eickmeyer, Haigh, Hurst, O'Brien, Quall and Simpson were excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2230 and the bill passed the House by the following vote: Yeas - 83, Nays - 0, Absent - 0, Excused - 15.
Voting yea: Representatives Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Clements, Cody, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Ogden, Pearson, Pflug, Poulsen, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 83.
Excused: Representatives Ahern, Ballasiotes, Boldt, B. Chandler, G. Chandler, Conway, Edmonds, Eickmeyer, Haigh, Hurst, O'Brien, Pennington, Quall, Schindler and Simpson - 15.
Engrossed House Bill No. 2230, having received the necessary constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
June 13, 2001
Mr. Speakers:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1906, with the following amendments(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 84.36 RCW to read as follows:
(1) All machinery and equipment owned by a farmer that is personal property is exempt from property taxes levied for any state purpose if it is used exclusively in growing and producing agricultural products during the calendar year for which the claim for exemption is made.
(2) "Farmer" has the same meaning as defined in RCW 82.04.213.
(3) A claim for exemption under this section shall be filed with the county assessor together with the verified statement required under RCW 84.40.190, for exemption from taxes payable the following year. The claim shall be made solely upon forms as prescribed and furnished by the department of revenue.
(4) This section applies to taxes levied for collection in 2003 through 2009."
On page 1, line 3 of the title, after "taxes;" strike the remainder of the title and insert "and adding a new section to chapter 84.36 RCW."
There being no objection, the House refused to concur in the Senate Amendment(s) to Substitute House Bill No. 1906 and asked the Senate to recede therefrom.
INTRODUCTIONS AND FIRST READING
SSB 5496 by Senate Committee on Ways & Means (originally sponsored by Senators Rasmussen, Swecker and Honeyford)
AN ACT Relating to tax rate modifications for animal health products; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; providing an effective date; and declaring an emergency.
SSB 5919 by Senate Committee on Environment, Energy & Water (originally sponsored by Senators Morton, Fraser, Honeyford and Rasmussen)
AN ACT Relating to the assessment of potential site locations for water storage projects; amending RCW 90.82.070; and creating a new section.
2SSB 5947 by Senate Committee on Ways & Means (originally sponsored by Senators Rasmussen, Morton, Gardner and Honeyford)
AN ACT Relating to tax exemptions for dairy farmers and anaerobic digesters; adding new sections to chapter 82.08 RCW; adding new sections to chapter 82.12 RCW; creating a new section; and declaring an emergency.
ESB 6194 by Senators Snyder, Hargrove and T. Sheldon
AN ACT Relating to authorizing the provision of pilotage services in the Grays Harbor pilotage district by port districts; adding new sections to chapter 53.08 RCW; creating a new section; and declaring an emergency.
ESB 6198 by Senators Prentice, Deccio, B. Sheldon, Honeyford, T. Sheldon, Jacobsen and Rasmussen
AN ACT Relating to contracts concerning the sale of cigarettes; and amending RCW 43.06.---.
There being no objection, Substitute Senate Bill No. 5496 was read the first time in full, the rules were suspended and the bill was placed on the Second Reading calendar.
There being no objection, Substitute Senate Bill No. 5919 was read the first time in full, the rules were suspended and the bill was placed on the Second Reading calendar.
There being no objection, Second Substitute Senate Bill No. 5947 was read the first time in full, the rules were suspended and the bill was placed on the Second Reading calendar.
There being no objection, Engrossed Senate Bill No. 6194 was read the first time in full, the rules were suspended and the bill was placed on the Second Reading calendar.
There being no objection, Engrossed Senate Bill No. 6198 was read the first time in full, the rules were suspended and the bill was placed on the Second Reading calendar.
SECOND READING
SUBSTITUTE SENATE BILL NO. 5496, By Senate Committee on Ways & Means (originally sponsored by Senators Rasmussen, Swecker and Honeyford)
Modifying taxes on animal health products.
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 Linville and Schoesler 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. 5496.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5496 and the bill passed the House by the following vote: Yeas - 83, Nays - 0, Absent - 0, Excused - 15.
Voting yea: Representatives Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Clements, Cody, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Ogden, Pearson, Pflug, Poulsen, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 83.
Excused: Representatives Ahern, Ballasiotes, Boldt, B. Chandler, G. Chandler, Conway, Edmonds, Eickmeyer, Haigh, Hurst, O'Brien, Pennington, Quall, Schindler and Simpson - 15.
Substitute Senate Bill No. 5496, having received the necessary constitutional majority, was declared passed.
SECOND SUBSTITUTE SENATE BILL NO. 5947, By Senate Committee on Ways & Means (originally sponsored by Senators Rasmussen, Morton, Gardner and Honeyford)
Providing tax relief to dairy farmers and anaerobic digesters.
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 Linville and Schoesler spoke in favor of passage of the bill.
Speaker Ballard stated the question before the House to be the final passage of Second Substitute Senate Bill No. 5947.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5947 and the bill passed the House by the following vote: Yeas - 83, Nays - 0, Absent - 0, Excused - 15.
Voting yea: Representatives Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Clements, Cody, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Ogden, Pearson, Pflug, Poulsen, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 83.
Excused: Representatives Ahern, Ballasiotes, Boldt, B. Chandler, G. Chandler, Conway, Edmonds, Eickmeyer, Haigh, Hurst, O'Brien, Pennington, Quall, Schindler and Simpson - 15.
Second Substitute Senate Bill No. 5947, having received the necessary constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 6194, By Senators Snyder, Hargrove and T. Sheldon
Authorizing port districts to provide pilots in Grays Harbor.
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 Hatfield and Buck 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. 6194.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6194 and the bill passed the House by the following vote: Yeas - 83, Nays - 0, Absent - 0, Excused - 15.
Voting yea: Representatives Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Clements, Cody, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Ogden, Pearson, Pflug, Poulsen, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 83.
Excused: Representatives Ahern, Ballasiotes, Boldt, B. Chandler, G. Chandler, Conway, Edmonds, Eickmeyer, Haigh, Hurst, O'Brien, Pennington, Quall, Schindler and Simpson - 15.
Engrossed Senate Bill No. 6194, having received the necessary constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 6198, By Senators Prentice, Deccio, B. Sheldon, Honeyford, T. Sheldon, Jacobsen and Rasmussen
Allowing the governor to enter into cigarette sales contracts with certain Indian tribes.
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 Clements and Dunshee 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. 6198.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6198 and the bill passed the House by the following vote: Yeas - 81, Nays - 2, Absent - 0, Excused - 15.
Voting yea: Representatives Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Clements, Cody, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Ericksen, Esser, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Ogden, Pearson, Pflug, Poulsen, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 81.
Voting nay: Representatives Fisher, and Kirby - 2.
Excused: Representatives Ahern, Ballasiotes, Boldt, B. Chandler, G. Chandler, Conway, Edmonds, Eickmeyer, Haigh, Hurst, O'Brien, Pennington, Quall, Schindler and Simpson - 15.
Engrossed Senate Bill No. 6198, having received the necessary constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 5919, By Senate Committee on Environment, Energy & Water (originally sponsored by Senators Morton, Fraser, Honeyford and Rasmussen)
Providing for the assessment of potential site locations for water storage projects.
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 Linville and Schoesler 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. 5919.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5919 and the bill passed the House by the following vote: Yeas - 83, Nays - 0, Absent - 0, Excused - 15.
Voting yea: Representatives Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Clements, Cody, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Hankins, Hatfield, Hunt, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Ogden, Pearson, Pflug, Poulsen, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 83.
Excused: Representatives Ahern, Ballasiotes, Boldt, B. Chandler, G. Chandler, Conway, Edmonds, Eickmeyer, Haigh, Hurst, O'Brien, Pennington, Quall, Schindler and Simpson - 15.
Substitute Senate Bill No. 5919, having received the necessary constitutional majority, was declared passed.
MESSAGES FROM THE SENATE
June 20, 2001
Mr. Speakers:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5236,
SUBSTITUTE SENATE BILL NO. 6008,
and the same are herewith transmitted.
Tony M. Cook, Secretary
June 20, 2001
Mr. Speakers:
The Senate concurred in the House amendment to the following bill(s) and passed the bill(s) as amended by the House:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5937,
and the same is herewith transmitted.
Tony M. Cook, Secretary
June 20, 2001
Mr. Speakers:
The Senate concurred in the House amendment to the following bill(s) and passed the bill(s) as amended by the House:
SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 6153,
and the same is herewith transmitted.
Tony M. Cook, Secretary
June 20, 2001
Mr. Speakers:
The Senate has passed:
ENGROSSED HOUSE BILL NO. 2230,
and the same is herewith transmitted.
Tony M. Cook, Secretary
June 20, 2001
Mr. Speakers:
The President has signed:
ENGROSSED SENATE BILL NO. 5990,
SUBSTITUTE SENATE BILL NO. 6155,
and the same is herewith transmitted.
Tony M. Cook, Secretary
June 20, 2001
Mr. Speakers:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 1926,
and the same is herewith transmitted.
Tony M. Cook, Secretary
June 20, 2001
Mr. Speakers:
The Senate concurred in the House amendment to the following bill(s) and passed the bill(s) as amended by the House:
SUBSTITUTE SENATE BILL NO. 6155,
and the same is herewith transmitted.
Tony M. Cook, Secretary
June 20, 2001
Mr. Speakers:
The Senate concurred in the House amendment to the following bill(s) and passed the bill(s) as amended by the House:
ENGROSSED SENATE BILL NO. 5990,
and the same is herewith transmitted.
Tony M. Cook, Secretary
SIGNED BY THE SPEAKERS
The Speakers signed:
ENGROSSED HOUSE BILL NO. 2230,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5237,
ENGROSSED SENATE BILL NO. 5990,
SUBSTITUTE SENATE BILL NO. 6155,
*** There being no objection, the comments by Representative Van Luven made during the prior day's debate on Substitute Senate Bill No. 6155 were spread upon the journal.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative DeBolt, the House adjourned until 9:00 a.m., June 21, 2001, the 18th Legislative Day of the Second Special Session.
CLYDE BALLARD, Speaker FRANK CHOPP, Speaker
TIMOTHY A. MARTIN, Chief Clerk CYNTHIA ZEHNDER, Chief Clerk