NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.

THIRTY SIXTH DAY

___________________________________________________________________________________________

MORNING SESSION

___________________________________________________________________________________________

House Chamber, Olympia, Monday, February 12, 2001

The House was called to order at 9:55 a.m. by the Speaker (Representative Ogden presiding).

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

INTRODUCTIONS AND FIRST READING

HB 1410by Representatives Veloria, Cody, Campbell, Romero, Kenney, Tokuda, Cooper, McIntire, Wood, Linville, O'Brien, Edwards, Edmonds, Dickerson, Kagi and Darneille

AN ACT Relating to cigarette fire safety; adding a new chapter to Title 70 RCW; prescribing penalties; and providing a contingent effective date.

Referred to Committee on Commerce & Labor.

HB 1448by Representatives Ruderman, Schual-Berke, Ericksen, Cody, Edmonds, Linville, McIntire, Hunt, Edwards, McDermott, Fromhold, Esser, Miloscia, Jackley and Kagi

AN ACT Relating to authorizing local governments to restrict or prohibit smoking in public places; and amending RCW 70.160.080.

Referred to Committee on Local Government & Housing.

HB 1549by Representatives Schual-Berke, Cody, Campbell, Conway, Schmidt, Fromhold, Kenney, Rockefeller, McIntire, Miloscia, Edwards, Hunt, Edmonds, O'Brien, Ogden, Kagi, Lovick, Darneille and Poulsen; by request of Governor Locke & Attorney General

AN ACT Relating to regulation of tobacco products under the access to minors statutes; and amending RCW 70.155.030 and 70.155.040.

Referred to Committee on Health Care.

HB 1927by Representatives Mastin, Delvin, Clements, Mulliken, Casada, Roach, Ahern, Morell, Dunn, Sump, Mielke, Schmidt, Cairnes, Campbell, McMorris, Boldt, Lambert, Buck, DeBolt, B. Chandler, Armstrong, Bush, Pennington, G. Chandler, Pflug, Schindler, Pearson, Benson, Anderson, Carrell and Talcott

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 1928by Representatives Mulliken, O'Brien, Miloscia, Boldt, Cox, Lambert, Schindler, DeBolt, Talcott, Bush, Dunn, Sump, Mielke, Benson, Pennington, Schmidt, Esser, Casada, Van Luven, Morell, Ahern, Campbell and Carrell

AN ACT Relating to parental notification for abortions provided to minors; amending RCW 9.02.100; adding new sections to chapter 9.02 RCW; creating a new section; prescribing penalties; and declaring an emergency.

Held on First Reading.

HB 1967by Representatives Schindler, Quall, Lambert, Miloscia, Cox, Bush, Dunn and Esser

AN ACT Relating to the Washington assessments of student learning; and adding a new section to chapter 28A.655 RCW.

Referred to Committee on Education.

HB 1968by Representatives McMorris, B. Chandler, Pflug, Dunn and Mulliken

AN ACT Relating to ensuring that agency rules do not exceed their statutory authorization; amending RCW 34.05.570; and adding new sections to chapter 34.05 RCW.

Referred to Committee on State Government.

HB 1969by Representatives Lambert, Boldt, Dunn and Mulliken

AN ACT Relating to legislative oversight of agency rules; and amending RCW 34.05.570, 34.05.610, 34.05.630, 34.05.640, and 34.05.660.

Referred to Committee on State Government.

HB 1970by Representatives Mulliken, Casada, Mielke, Lambert, Campbell, Cox, Sump, Schindler, Boldt, Morell, Carrell, Ahern and Dunn

AN ACT Relating to reaffirming and protecting the institution of marriage; amending RCW 26.04.020; and providing for submission of this act to a vote of the people.

Referred to Committee on Judiciary.

HB 1971by Representatives Quall and Talcott

AN ACT Relating to allowing state certified appraisers to appraise school district properties; and amending RCW 28A.335.090.

Referred to Committee on Education.

HB 1972by Representatives Quall, Morris, Wood and McIntire

AN ACT Relating to local option real estate excise taxes for affordable housing purposes; and adding a new section to chapter 82.46 RCW.

Referred to Committee on Finance.

HB 1973by Representatives Grant, Clements, Reardon, McMorris, O'Brien, Schoesler, Quall, B. Chandler, Tokuda, Mastin, Morris, Santos, Barlean, Kessler, Buck, Lisk, Ruderman, Murray, Benson, Pflug, Jarrett, Boldt, Bush, Anderson, Van Luven, Morell, Ericksen, Marine, Carrell, Ahern, Dunn, Esser, Mulliken, Pearson and Skinner

AN ACT Relating to establishing an adjusted minimum tipped wage rate; amending RCW 49.46.020; and adding a new section to chapter 49.46 RCW.

Referred to Committee on Commerce & Labor.

HB 1974by Representatives Haigh, Jarrett, Cox, Doumit, Schoesler, Jackley, Talcott, Hatfield, Mulliken, McIntire, Hurst, Linville, Schual-Berke, Fromhold, G. Chandler, Keiser, Barlean, Kenney, Benson, Quall, Lantz, McDermott, Kessler, Grant, Santos, Rockefeller, Eickmeyer, Simpson, Hunt, Mitchell, Ogden, Conway and Pearson

AN ACT Relating to changing the state special education funding formula; and amending RCW 28A.150.390.

Referred to Committee on Education.

HB 1975by Representatives Gombosky, Jarrett, Cox, Wood and Schual-Berke

AN ACT Relating to the running start program; amending RCW 28A.600.310; and providing an effective date.

Referred to Committee on Education.

HB 1976by Representatives Jackley, Cox, Quall, Esser, Schmidt, Darneille, O'Brien, Lantz, Gombosky, Eickmeyer, Bush, Ruderman, Simpson, Ogden, Santos, Keiser, Hurst and McIntire

AN ACT Relating to teachers' retirement system plan 1 employees; and adding a new section to chapter 41.32 RCW.

Referred to Committee on Appropriations.

HB 1977by Representatives Lambert, Ruderman, Benson, Schual-Berke, Keiser, Campbell and McIntire

AN ACT Relating to protecting privacy by restricting the use of social security account numbers by financial institutions; adding a new chapter to Title 19 RCW; and prescribing penalties.

Referred to Committee on Financial Institutions & Insurance.

HB 1978by Representatives Gombosky, Jarrett, Dunn, Lantz, Fromhold, Wood and McIntire

AN ACT Relating to a loan repayment endowment program for attorneys who provide legal services in public interest areas of the law; amending RCW 43.79A.040; and adding a new chapter to Title 28B RCW.

Referred to Committee on Higher Education.

HB 1979by Representatives Reardon and Van Luven

AN ACT Relating to clarifying tax exemptions for sale or use of dental devices; amending RCW 82.08.0283 and 82.12.0277; and declaring an emergency.

Referred to Committee on Finance.

HB 1980by Representatives Keiser, Conway, Miloscia, Cox, Cairnes, Esser and Schual-Berke

AN ACT Relating to authorizing school boards to accept bids based on students' best interests; and amending RCW 28A.335.190.

Referred to Committee on State Government.

HB 1981by Representatives Kagi, Benson, Poulsen, Cody, Reardon, Edmonds, Schual-Berke, Conway, Santos, Kenney, Lovick and Wood

AN ACT Relating to addressing health problems that significantly increase energy needs; adding a new section to chapter 82.16 RCW; and creating a new section.

Referred to Committee on Health Care.

HB 1982by Representatives Kagi, Conway, Edmonds, Clements, Simpson, Ogden, Kenney, Tokuda and McIntire

AN ACT Relating to unemployment compensation payable to individuals who took family and medical leave; amending RCW 50.04.020; adding a new section to chapter 50.04 RCW; creating new sections; providing an effective date; and declaring an emergency.

Referred to Committee on Commerce & Labor.

HB 1983by Representatives Benson and Hatfield

AN ACT Relating to the collection of financial claims; and amending RCW 19.16.100.

Referred to Committee on Financial Institutions & Insurance.

HB 1984by Representatives Quall, Morris, Barlean, Cooper, Ericksen, Dunshee, Linville, Hatfield, Ruderman, Poulsen, Conway, Lovick and Kagi

AN ACT Relating to marketing of agricultural products; adding new sections to chapter 15.64 RCW; creating a new section; and providing expiration dates.

Referred to Committee on Agriculture & Ecology.

HB 1985by Representatives Kenney, Lisk, Conway, Clements, Edmonds, Wood and Bush

AN ACT Relating to cosmetology, barbering, manicuring, and esthetics; amending RCW 18.16.010, 18.16.020, 18.16.030, 18.16.060, 18.16.090, 18.16.100, 18.16.110, 18.16.140, 18.16.170, 18.16.175, 18.16.200, 18.16.210, 18.16.240, and 18.16.900; reenacting and amending RCW 18.16.050; adding new sections to chapter 18.16 RCW; prescribing penalties; and providing an effective date.

Referred to Committee on Commerce & Labor.

HB 1986by Representatives O'Brien, Dunn, Fromhold, McMorris, Cairnes, Roach, Esser and B. Chandler

AN ACT Relating to authorizing certain residential property management entities to perform work on the owner's residential property; and amending RCW 19.28.261 and 18.27.090.

Referred to Committee on Commerce & Labor.

HB 1987by Representatives Mitchell, Fisher, Woods and McIntire; by request of Office of Financial Management

AN ACT Relating to procuring new auto ferries; adding new sections to chapter 47.60 RCW; and creating a new section.

Referred to Committee on Transportation.

HB 1988by Representatives Mitchell, Fisher, Simpson, Ogden, Schual-Berke, Conway, Kenney, Hurst, Kagi, Wood and McIntire; by request of Office of Financial Management

AN ACT Relating to commute trip reduction incentives; adding new sections to chapter 82.04 RCW; adding new sections to chapter 82.16 RCW; adding a new section to chapter 70.94 RCW; prescribing penalties; providing a contingent effective date; and providing expiration dates.

Referred to Committee on Transportation.

HB 1989by Representatives Anderson, Rockefeller, Quall, Cox, Fromhold, Miloscia, Pflug, Talcott, Santos and Keiser

AN ACT Relating to legislative review of school district financial management practices; adding a new section to chapter 44.28 RCW; and adding a new chapter to Title 28A RCW.

Referred to Committee on Education.

HB 1990by Representatives Clements, Conway, Anderson, Kenney, Keiser and Woods

AN ACT Relating to occupational diseases affecting fire fighters; amending RCW 51.32.185; and creating a new section.

Referred to Committee on Commerce & Labor.

HB 1991by Representatives Lantz and Woods

AN ACT Relating to information sharing between schools and juvenile justice and care agencies; amending RCW 13.40.050, 13.40.150, 26.50.050, and 10.14.070; adding a new section to chapter 26.50 RCW; and adding a new section to chapter 10.14 RCW.

Referred to Committee on Juvenile Justice.

HB 1992by Representatives Lantz and Woods

AN ACT Relating to communications to schools from juvenile justice and care agencies; and amending RCW 13.50.050.

Referred to Committee on Juvenile Justice.

HB 1993by Representatives Hankins, Fisher, Mitchell and Wood

AN ACT Relating to vehicle license fees; and amending RCW 46.16.0621.

Referred to Committee on Transportation.

HB 1994by Representatives Boldt, Morell and Dunn

AN ACT Relating to community support services for persons with developmental disabilities; and amending RCW 71A.16.010.

Referred to Committee on Children & Family Services.

HB 1995by Representatives Dickerson, Cairnes, Grant, Dunn, Campbell, Kagi, Pearson and Wood

AN ACT Relating to civil forfeitures of property; amending RCW 69.50.505; and adding a new section to chapter 10.105 RCW.

Referred to Committee on Judiciary.

HB 1996by Representatives Lambert and Haigh; by request of Department of Fish & Wildlife

AN ACT Relating to exemptions from public inspection of data obtained by the department of fish and wildlife; and reenacting and amending RCW 42.17.310.

Referred to Committee on State Government.

HB 1997by Representatives Alexander, DeBolt, Doumit, Mulliken, Dunshee, Mielke, Kessler, Hatfield and Ogden

AN ACT Relating to establishing industrial land banks outside urban growth areas; and amending RCW 36.70A.367.

Referred to Committee on Local Government & Housing.

HB 1998by Representatives G. Chandler, Clements, Dunshee, Reardon, Hunt, Schoesler, Esser, Linville and Delvin

AN ACT Relating to fair competition in motor fuel marketing; adding a new chapter to Title 19 RCW; prescribing penalties; and declaring an emergency.

Referred to Committee on Commerce & Labor.

HB 1999by Representatives Schual-Berke, Campbell, Cody, Skinner and Simpson

AN ACT Relating to automated external defibrillators; and creating new sections.

Referred to Committee on Health Care.

HB 2000by Representatives Delvin, Lovick and Hankins

AN ACT Relating to arrests without warrant; and amending RCW 10.31.100.

Referred to Committee on Judiciary.

HB 2001by Representatives Lovick, Fisher, Mitchell, Cooper, G. Chandler, Delvin, Ogden and Campbell

AN ACT Relating to abandoned vehicles; amending RCW 46.20.031, 46.20.289, 46.20.291, 46.20.311, 46.55.085, 46.55.105, 46.55.110, 46.63.030, and 46.63.110; creating a new section; and prescribing penalties.

Referred to Committee on Transportation.

HB 2002by Representatives Kessler, Kenney and McIntire

AN ACT Relating to branches of member institutions of accrediting associations recognized by rule of the higher education coordinating board; and amending RCW 28B.10.802 and 28B.12.030.

Referred to Committee on Higher Education.

HB 2003by Representatives Ballasiotes, O'Brien, Morell, Woods and Wood

AN ACT Relating to drug offenders; amending RCW 9.94A.360; reenacting and amending RCW 9.94A.320; adding a new section to chapter 70.96A RCW; creating a new section; prescribing penalties; making an appropriation; providing an effective date; and declaring an emergency.

Referred to Committee on Criminal Justice & Corrections.

HB 2004by Representatives O'Brien, Ballasiotes, Kirby, Bush, Kagi, Edwards, Grant and Lisk

AN ACT Relating to allowing recreational use of lands designated as resource lands under the growth management act; and amending RCW 36.70A.020 and 36.70A.060.

Referred to Committee on Agriculture & Ecology.

HB 2005by Representatives Morris, Schoesler, Grant, Barlean, Kessler, Doumit, Poulsen and Linville

AN ACT Relating to taxation of property previously owned by the federal government; and adding a new section to chapter 84.36 RCW.

Referred to Committee on Finance.

HB 2006by Representatives Gombosky, Dunn, Fromhold, Armstrong, Wood, Lantz, Pennington and McIntire

AN ACT Relating to authorizing the imposition or expenditure of student fees by a two-thirds vote; and amending RCW 28B.15.045.

Referred to Committee on Higher Education.

HB 2007by Representatives Mielke, Boldt, Anderson and Dunn

AN ACT Relating to vehicles operating under oversize or overweight permits; and amending RCW 46.44.090.

Referred to Committee on Transportation.

HB 2008by Representatives Mielke, Crouse, Pflug, Anderson, Dunn, Pearson and Boldt

AN ACT Relating to county commissioner elections; and amending RCW 36.32.050.

Referred to Committee on Local Government & Housing.

HB 2009by Representatives Cairnes, Bush and Roach

AN ACT Relating to creation of an identity theft bureau; and adding a new section to chapter 43.10 RCW.

Referred to Committee on Financial Institutions & Insurance.

HB 2010by Representatives Cairnes, Van Luven, Conway, Santos, Buck and Kessler

AN ACT Relating to the business and occupation tax deduction for health or social welfare services; amending RCW 82.04.4297; creating new sections; and declaring an emergency.

Referred to Committee on Finance.

HB 2011by Representatives Campbell, Darneille, Bush, Lantz and Cody

AN ACT Relating to public psychiatric facilities; and amending RCW 71.12.455 and 71.12.460.

Referred to Committee on Health Care.

HB 2012by Representatives Schoesler, Grant, Sump, Linville, B. Chandler, Cox, G. Chandler, Cooper, Kagi and Wood

AN ACT Relating to incentives to encourage the use of grass or straw-based materials in construction; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; and adding a new section to chapter 82.12 RCW.

Referred to Committee on Finance.

HB 2013by Representative Kagi

AN ACT Relating to indemnifying individuals for good faith investigations of child abuse or neglect or fatality reviews; and adding a new section to chapter 26.44 RCW.

Referred to Committee on Children & Family Services.

HB 2014by Representatives Simpson, Hatfield, Benson, McIntire, Bush, Ruderman, Schual-Berke, Conway, Santos, Kenney, Lovick, Keiser, Hurst and Kagi

AN ACT Relating to creating an office of privacy protection; and adding new sections to chapter 43.10 RCW.

Referred to Committee on Financial Institutions & Insurance.

HB 2015by Representatives McIntire, Hatfield, Benson, Bush, Ruderman, Schual-Berke, Conway, Kenney, Keiser and Hurst

AN ACT Relating to protecting personal information; adding a new chapter to Title 19 RCW; and prescribing penalties.

Referred to Committee on Financial Institutions & Insurance.

HB 2016by Representatives McIntire, Hatfield, Benson, Bush, Ruderman, Schual-Berke, Conway, Kenney, Keiser, Hurst and Kagi

AN ACT Relating to protecting privacy; adding a new chapter to Title 19 RCW; and prescribing penalties.

Referred to Committee on Financial Institutions & Insurance.

HB 2017by Representatives Lovick, Ballasiotes, O'Brien, Veloria, Kenney, Mitchell, Hankins, Van Luven, Conway, Murray, Santos, Schual-Berke, Tokuda, McDermott, Kagi and McIntire

AN ACT Relating to traffic-stop racial profiling; adding a new section to chapter 43.101 RCW; and creating a new section.

Referred to Committee on Criminal Justice & Corrections.

HB 2018by Representatives O'Brien, Ballasiotes, Veloria, Kenney, Lovick, Cooper, Reardon, Van Luven, Conway, Murray, Santos, Schual-Berke, Tokuda, McDermott and McIntire

AN ACT Relating to reporting on issues pertaining to racial profiling; adding new sections to chapter 43.101 RCW; and creating a new section.

Referred to Committee on Criminal Justice & Corrections.

HB 2019by Representatives Grant and Mastin

AN ACT Relating to diverting funds collected by the agricultural burning practices and research task force to develop a manufacturing facility program; amending RCW 70.94.650; and creating a new section.

Referred to Committee on Agriculture & Ecology.

HB 2020by Representatives Grant, Mastin and Dunn

AN ACT Relating to leasehold interests in baseball stadiums seating less than ten thousand; and amending RCW 82.29A.130.

Referred to Committee on Finance.

HB 2021by Representatives Kirby and Conway

AN ACT Relating to fireboats in first class cities; and adding a new section to chapter 35.22 RCW.

Referred to Committee on Local Government & Housing.

HB 2022by Representatives Alexander and Pennington

AN ACT Relating to prohibiting therapeutic substitution by the medical assistance administration; amending RCW 74.09.010; adding a new section to chapter 74.09 RCW; and creating a new section.

Referred to Committee on Health Care.

HB 2023by Representatives Kagi and Tokuda

AN ACT Relating to offender participation in correctional industries programs; and amending RCW 72.09.111.

Referred to Committee on Criminal Justice & Corrections.

There being no objection, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.

REPORTS OF STANDING COMMITTEES

February 8, 2001

HB 1047 Prime Sponsor, Representative Sommers: Exempting trainers and trainees in housing authority resident training programs from membership in the public employees' 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; Kessler; Lambert; Linville; Mastin; McIntire; Mulliken; Pearson; Pflug; Ruderman; Schmidt; Schual-Berke; Talcott and Tokuda.

Voting yea: Representatives Sehlin, Sommers, Barlean, Doumit, Lisk, Alexander, Boldt, Buck, Clements, Cody, Cox, Dunshee, Fromhold, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, McIntire, Mulliken, Pearson, Pflug, Ruderman, Schmidt, Schual-Berke, Talcott and Tokuda.

Excused: Representatives Benson and Matson.

Passed to Committee on Rules for second reading.

February 7, 2001

HB 1091 Prime Sponsor, Representative Lambert: Changing sexual misconduct laws with regard to school employees. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Ahern, Republican Vice Chair; Lovick, Democratic Vice Chair; Cairnes; Kagi; Kirby and Morell.

Voting yea: Representatives Ballasiotes, O'Brien, Ahern, Lovick, Cairnes, Kagi, Kirby and Morell.

Passed to Committee on Rules for second reading

February 8, 2001

HB 1102 Prime Sponsor, Representative Boldt: Regarding rights of foster parents. Reported by Committee on Children & Family Services

MAJORITY recommendation: Do pass. Signed by Representatives Boldt, Republican Co-Chair; Tokuda, Democratic Co-Chair; Kagi, Democratic Vice Chair; Morell, Republican Vice Chair; Ballasiotes; Campbell; Darneille; Dickerson; Miloscia and Pflug.

Voting yea: Representatives Boldt, Tokuda, Kagi, Morell, Ballasiotes, Campbell, Darneille, Dickerson, Miloscia and Pflug.

Passed to Committee on Rules for second reading

February 7, 2001

HB 1150 Prime Sponsor, Representative Lovick: Establishing the crime of mail theft or receipt of stolen mail. Reported by Committee on Criminal Justice & Corrections

Voting yea: Representatives Ballasiotes, O'Brien, Ahern, Lovick, Cairnes, Kagi, Kirby and Morell.

Referred to Committee on Appropriations

February 8, 2001

HB 1213 Prime Sponsor, Representative Delvin: Correcting statutes pertaining to the public employees' and school employees' retirement systems. Reported by Committee on Appropriations

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

February 8, 2001

HB 1214 Prime Sponsor, Representative Sommers: Reconfiguring and changing the duties of the employee retirement benefits board. 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; McIntire; Mulliken; Pearson; Pflug; Ruderman; Schmidt; Schual-Berke; Talcott and Tokuda.

Passed to Committee on Rules for second reading

February 7, 2001

HB 1227 Prime Sponsor, Representative Ballasiotes: Changing provisions relating to escaping from custody. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Ahern, Republican Vice Chair; Lovick, Democratic Vice Chair; Kagi; Kirby and Morell.

Voting yea: Representatives Ballasiotes, O'Brien, Ahern, Lovick, Cairnes, Kagi, Kirby and Morell.

Passed to Committee on Rules for second reading

February 8, 2001

HB 1249 Prime Sponsor, Representative Kagi: Regarding the quality of foster care services. Reported by Committee on Children & Family Services

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Boldt, Republican Co-Chair; Tokuda, Democratic Co-Chair; Kagi, Democratic Vice Chair; Morell, Republican Vice Chair; Ballasiotes; Campbell; Darneille; Dickerson; Miloscia and Pflug.

Voting yea: Representatives Boldt, Tokuda, Kagi, Morell, Ballasiotes, Campbell, Darneille, Dickerson, Miloscia and Pflug.

Referred to Committee on Appropriations

February 8, 2001

HB 1259 Prime Sponsor, Representative Tokuda: Providing services for persons twenty years of age who are or who have been in foster care. Reported by Committee on Children & Family Services

Voting yea: Representatives Boldt, Tokuda, Kagi, Morell, Ballasiotes, Campbell, Darneille, Dickerson, Miloscia and Pflug.

Referred to Committee on Appropriations

February 7, 2001

HB 1271 Prime Sponsor, Representative Ballasiotes: Modifying requirements for certain victims of sexually violent predators to be eligible for victims' compensation. Reported by Committee on Criminal Justice & Corrections

Voting yea: Representatives Ballasiotes, O'Brien, Ahern, Lovick, Cairnes, Kagi, Kirby and Morell.

Passed to Committee on Rules for second reading

February 9, 2001

HB 1272 Prime Sponsor, Representative Ballasiotes: Increasing seriousness of identity crimes. Reported by Committee on Criminal Justice & Corrections

MINORITY recommendation: Without recommendation. Signed by Representative Kagi.

Voting yea: Representatives Ballasiotes, O'Brien, Ahern, Lovick, Cairnes, Kirby and Morell.

Voting nay: Representative Kagi.

Referred to Committee on Appropriations.

February 7, 2001

HB 1280 Prime Sponsor, Representative Simpson: Increasing the seriousness ranking for hit and run--death. Reported by Committee on Criminal Justice & Corrections

Voting yea: Representatives Ballasiotes, O'Brien, Ahern, Lovick, Cairnes, Kagi, Kirby and Morell.

Passed to Committee on Rules for second reading

February 7, 2001

HB 1407 Prime Sponsor, Representative Fisher: Modifying the taxation of fuel. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended.

On page 8, after line 34, insert the following:

"Sec. 1. RCW 82.36.060 and 1998 c 176 s 18 are each amended to read as follows:

(1) An application for a license issued under this chapter shall be made to the department on forms to be furnished by the department and shall contain such information as the department deems necessary.

(2) Every application for a license must contain the following information to the extent it applies to the applicant:

(a) Proof as the department may require concerning the applicant's identity, including but not limited to his or her fingerprints or those of the officers of a corporation making the application;

(b) The applicant's form and place of organization including proof that the individual, partnership, or corporation is licensed to do business in this state;

(d) The applicant's financial condition or history including a bank reference and whether the applicant or any partner, officer, or director has ever been adjudged bankrupt or has an unsatisfied judgment in a federal or state court;

(e) Whether the applicant has been adjudged guilty of a crime that directly relates to the business for which the license is sought and the time elapsed since the conviction is less than ten years, or has suffered a judgment within the preceding five years in a civil action involving fraud, misrepresentation, or conversion and in the case of a corporation or partnership, all directors, officers, or partners.

(3) An applicant for a license as a motor vehicle fuel importer must list on the application each state, province, or country from which the applicant intends to import motor vehicle fuel and, if required by the state, province, or country listed, must be licensed or registered for motor vehicle fuel tax purposes in that state, province, or country.

(4) An applicant for a license as a motor vehicle fuel exporter must list on the application each state, province, or country to which the exporter intends to export motor vehicle fuel received in this state by means of a transfer outside of the bulk transfer-terminal system and, if required by the state, province, or country listed, must be licensed or registered for motor vehicle fuel tax purposes in that state, province, or country.

(5) An applicant for a license as a motor vehicle fuel supplier must have a federal certificate of registry that is issued under the internal revenue code and authorizes the applicant to enter into federal tax-free transactions on motor vehicle fuel in the terminal transfer system.

(6) After receipt of an application for a license, the director may conduct an investigation to determine whether the facts set forth are true. The director shall require a fingerprint record check of the applicant through the Washington state patrol criminal identification system and the federal bureau of investigation before issuance of a license. The results of the background investigation including criminal history information may be released to authorized department personnel as the director deems necessary. The department shall charge a license holder or license applicant a fee of fifty dollars for each background investigation conducted.

An applicant who makes a false statement of a material fact on the application may be prosecuted for false swearing as defined by RCW 9A.72.040.

(7) Except as provided by subsection (8) of this section, before granting any license issued under this chapter, the department shall require applicant to file with the department, in such form as shall be prescribed by the department, a corporate surety bond duly executed by the applicant as principal, payable to the state and conditioned for faithful performance of all the requirements of this chapter, including the payment of all taxes, penalties, and other obligations arising out of this chapter. The total amount of the bond or bonds shall be fixed by the department and may be increased or reduced by the department at any time subject to the limitations herein provided. In fixing the total amount of the bond or bonds, the department shall require a bond or bonds equivalent in total amount to twice the estimated monthly excise tax determined in such manner as the department may deem proper. If at any time the estimated excise tax to become due during the succeeding month amounts to more than fifty percent of the established bond, the department shall require additional bonds or securities to maintain the marginal ratio herein specified or shall demand excise tax payments to be made weekly or semimonthly to meet the requirements hereof.

The total amount of the bond or bonds required of any licensee shall never be less than five thousand dollars nor more than one hundred thousand dollars.

No recoveries on any bond or the execution of any new bond shall invalidate any bond and no revocation of any license shall effect the validity of any bond but the total recoveries under any one bond shall not exceed the amount of the bond.

In lieu of any such bond or bonds in total amount as herein fixed, a licensee may deposit with the state treasurer, under such terms and conditions as the department may prescribe, a like amount of lawful money of the United States or bonds or other obligations of the United States, the state, or any county of the state, of an actual market value not less than the amount so fixed by the department.

Any surety on a bond furnished by a licensee as provided herein shall be released and discharged from any and all liability to the state accruing on such bond after the expiration of thirty days from the date upon which such surety has lodged with the department a written request to be released and discharged, but this provision shall not operate to relieve, release, or discharge the surety from any liability already accrued or which shall accrue before the expiration of the thirty day period. The department shall promptly, upon receiving any such request, notify the licensee who furnished the bond; and unless the licensee, on or before the expiration of the thirty day period, files a new bond, or makes a deposit in accordance with the requirements of this section, the department shall forthwith cancel the license. Whenever a new bond is furnished by a licensee, the department shall cancel the old bond as soon as the department and the attorney general are satisfied that all liability under the old bond has been fully discharged.

The department may require a licensee to give a new or additional surety bond or to deposit additional securities of the character specified in this section if, in its opinion, the security of the surety bond theretofore filed by such licensee, or the market value of the properties deposited as security by the licensee, shall become impaired or inadequate; and upon the failure of the licensee to give such new or additional surety bond or to deposit additional securities within thirty days after being requested so to do by the department, the department shall forthwith cancel his or her license.

(8) The department may waive the requirements of subsection (7) of this section for licensed distributors if, upon determination by the department, the licensed distributor has sufficient resources, assets, other financial instruments, or other means, to adequately make payments on the estimated monthly motor vehicle fuel tax payments, penalties, and interest arising out of this chapter. The department shall adopt rules to administer this subsection."

Renumber sections following consecutively and correct any internal references accordingly.

On page 10, after line 30, insert the following:

"Sec. 7. RCW 82.38.110 and 1998 c 176 s 63 are each amended to read as follows:

(1) Application for a license issued under this chapter shall be made to the department. The application shall be filed upon a form prepared and furnished by the department and shall contain such information as the department deems necessary.

(2) Every application for a special fuel license, other than an application for a dyed special fuel user or international fuel tax agreement license, must contain the following information to the extent it applies to the applicant:

(a) Proof as the department shall require concerning the applicant's identity, including but not limited to his or her fingerprints or those of the officers of a corporation making the application;

(b) The applicant's form and place of organization including proof that the individual, partnership, or corporation is licensed to do business in this state;

(3) An applicant for a license as a special fuel importer must list on the application each state, province, or country from which the applicant intends to import fuel and, if required by the state, province, or country listed, must be licensed or registered for special fuel tax purposes in that state, province, or country.

(4) An applicant for a license as a special fuel exporter must list on the application each state, province, or country to which the exporter intends to export special fuel received in this state by means of a transfer outside the bulk transfer-terminal system and, if required by the state, province, or country listed, must be licensed or registered for special fuel tax purposes in that state, province, or country.

(5) An applicant for a license as a special fuel supplier must have a federal certificate of registry that is issued under the internal revenue code and authorizes the applicant to enter into federal tax-free transactions on special fuel in the terminal transfer system.

(6) After receipt of an application for a license, the director shall conduct an investigation to determine whether the facts set forth are true. The director shall require a fingerprint record check of the applicant through the Washington state patrol criminal identification system and the federal bureau of investigation before issuance of a license. The results of the background investigation including criminal history information may be released to authorized department personnel as the director deems necessary. The department shall charge a license holder or license applicant a fee of fifty dollars for each background investigation conducted.

(7) An applicant who makes a false statement of a material fact on the application may be prosecuted for false swearing as defined by RCW 9A.72.040.

(8) A special fuel license may not be issued to any person or continued in force unless such person has furnished bond, as defined in RCW 82.38.020, in such form as the department may require, to secure his or her compliance with this chapter, and the payment of any and all taxes, interest, and penalties due and to become due hereunder. The requirement of furnishing a bond may be waived: (a) For special fuel distributors who only deliver special fuel into the fuel tanks of marine vessels((,)); (b) for dyed special fuel users ((and)); (c) for persons issued licenses under the international fuel tax agreement; or (d) for licensed special fuel distributors who, upon determination by the department, have sufficient resources, assets, other financial instruments, or other means to adequately make payments on the estimated monthly motor vehicle fuel tax payments, penalties, and interest arising out of this chapter. The department shall adopt rules to administer this section.

(9) The department may require a licensee to post a bond if the licensee, after having been licensed, has failed to file timely reports or has failed to remit taxes due, or when an investigation or audit indicates problems severe enough that the department, in its discretion, determines that a bond is required to protect the interests of the state. The department may also adopt rules prescribing conditions that, in the department's discretion, require a bond to protect the interests of the state.

(10) The total amount of the bond or bonds required of any licensee shall be equivalent to three times the estimated monthly fuel tax, determined in such manner as the department may deem proper: PROVIDED, That those licensees having held a special fuel license for five or more years without having said license suspended or revoked by the department shall be permitted to reduce the amount of their bond to twice the estimated monthly tax liability: PROVIDED FURTHER, That the total amount of the bond or bonds shall never be less than five hundred dollars nor more than one hundred thousand dollars.

(11) An application for a dyed special fuel user license must be made to the department. The application must be filed upon a form prescribed by the department and contain such information as the department deems necessary.

(12) An application for an international fuel tax agreement license must be made to the department. The application must be filed upon a form prescribed by the department and contain such information as the department may require."

Correct the title.

Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic Vice Chair; Ericksen, Republican Vice-Chair; Hankins, Republican Vice Chair; Lovick, Democratic Vice Chair; Ahern; Anderson; Armstrong; G. Chandler; Edmonds; Hatfield; Jackley; Jarrett; Marine; Mielke; Morell; Murray; Ogden; Reardon; Rockefeller; Romero; Simpson; Skinner; Sump; and Wood.

Voting yea: Representatives Fisher, Mitchell, Cooper, Lovick, Ericksen, Hankins, Ahern, Anderson, Armstrong, G. Chandler, Edmonds, Hatfield, Jackley, Jarrett, Marine, Morell, Murray, Ogden, Reardon, Rockefeller, Romero, Simpson, Skinner, Sump and Wood.

Excused: Representatives Haigh, Hurst, Mielke, Schindler and Woods.

Passed to Committee on Rules for second reading

February 9, 2001

HJM 4002 Prime Sponsor, Representative Veloria: Asking that the federal government provide veterans' benefits owed to Filipino veterans. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Miloscia, Democratic Vice Chair; Schindler, Republican Vice Chair; Haigh; Lambert; McDermott and Schmidt.

Voting yea: Representatives McMorris, Romero, Miloscia, Schindler, Haigh, Lambert, McDermott and Schmidt.

Passed to Committee on Rules for second reading.

There being no objection, the bills and memorial 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 eleventh order of business.

There being no objection, the House adjourned until 10:00 a.m., February 13, 2001, the 37^th Legislative Day.

CLYDE BALLARD, SpeakerFRANK CHOPP, Speaker

TIMOTHY A. MARTIN, Chief ClerkCYNTHIA ZEHNDER, Chief Clerk