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

from that in the original published version.

THIRTY NINTH DAY

___________________________________________________________________________________________

MORNING SESSION

___________________________________________________________________________________________

House Chamber, Olympia, Thursday, February 15, 2001

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

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

MESSAGE FROM THE SENATE

February 14, 2001

Mr. Speakers:

The Senate has passed:

SENATE BILL NO. 5130,

and the same is herewith transmitted.

Tony M. Cook, Secretary

INTRODUCTIONS AND 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 2117by Representatives Bush, Benson, Reardon and Roach

 AN ACT Relating to the admissibility of insurance applications; and amending RCW 48.18.080.

Referred to Committee on Judiciary.

HB 2118by Representatives Fisher, Ericksen, Mitchell, Jarrett, Lovick and Schual-Berke

 AN ACT Relating to the failure to wear safety belt assembly; amending RCW 46.61.688 and 46.61.688; providing an effective date; and providing an expiration date.

Referred to Committee on Judiciary.

HB 2119by Representatives Schmidt and Romero; by request of Office of Financial Management

 AN ACT Relating to reports to the legislature; amending RCW 34.05.328, 43.20B.030, 43.79.460, 43.88.110, 74.09.310, 74.09.320, and 84.33.200; and repealing RCW 15.58.420, 17.21.350, 43.41.220, 43.41.230, 43.88.510, 71.36.020, and 82.08.0201.

Referred to Committee on State Government.

HB 2120by Representatives Crouse, Carrell, Morris, Linville, Kessler, Reardon, Hatfield, Eickmeyer, Dunshee, Delvin, Quall, Doumit, Ericksen, Sump, Casada, Pennington, Cairnes, Mielke, Pflug, Esser, Edwards and Bush

 AN ACT Relating to a sales and use tax exemption for energy generating facilities; amending RCW 82.08.02565; adding new sections to chapter 82.08 RCW; creating a new section; providing an effective date; and declaring an emergency.

Referred to Committee on Technology, Telecommunications & Energy.

HB 2121by Representatives Jarrett, Fisher, Mitchell, Ericksen, Ballasiotes, Hurst, Haigh and Esser

 AN ACT Relating to performance-based budgeting for transportation agencies; and adding a new section to chapter 43.88 RCW.

Referred to Committee on Transportation.

HB 2122by Representatives Mitchell and Edwards

 AN ACT Relating to Washington state ferries; amending RCW 43.17.020, 47.01.081, 47.64.011, 88.16.010, 47.56.030, 47.60.010, 47.60.013, 47.60.040, 47.60.060, 47.60.113, 47.60.114, 47.60.120, 47.60.130, 47.60.135, 47.60.140, 47.60.145, 47.60.150, 47.60.310, 47.60.326, 47.60.440, 47.60.450, 47.60.505, 47.60.530, 47.60.760, and 47.64.120; reenacting and amending RCW 43.17.010 and 46.68.090; adding a new section to chapter 41.06 RCW; adding a new chapter to Title 47 RCW; creating a new section; and repealing RCW 47.60.330 and 47.64.290.

Referred to Committee on Transportation.

HB 2123by Representatives Rockefeller, Haigh, Eickmeyer, Poulsen, Jackley, Schual-Berke and McDermott

 AN ACT Relating to Washington state ferries; amending RCW 43.17.020, 47.01.081, 47.64.011, 88.16.010, 47.60.010, 47.60.013, 47.60.040, 47.60.060, 47.60.113, 47.60.114, 47.60.120, 47.60.130, 47.60.135, 47.60.140, 47.60.145, 47.60.150, 47.60.310, 47.60.326, 47.60.440, 47.60.450, 47.60.505, 47.60.530, 47.60.760, and 47.64.120; reenacting and amending RCW 43.17.010 and 46.68.090; adding a new section to chapter 41.06 RCW; adding a new chapter to Title 47 RCW; creating a new section; and repealing RCW 47.60.330 and 47.64.290.

Referred to Committee on Transportation.

HB 2124by Representatives Barlean, Dunshee and Pearson

 AN ACT Relating to requiring boating safety education for vessel registration; amending RCW 88.02.020; providing an effective date; and declaring an emergency.

Referred to Committee on Transportation.

HB 2125by Representatives Mastin, Fromhold, Delvin, Kessler, Pearson, Anderson, Roach, Morell, Casada, Jarrett, Schindler and Marine

 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.

Referred to Committee on Transportation.

HB 2126by Representatives Kenney, Cox, McIntire and Edwards; by request of Committee on Advanced College Tuition Payment & State Treasurer

 AN ACT Relating to college payment programs; amending RCW 28B.95.020, 28B.95.110, and 43.79A.040; adding a new section to chapter 28B.95 RCW; providing an effective date; and declaring an emergency.

Referred to Committee on Higher Education.

HB 2127by Representative Haigh; by request of Academic Achievement and Accountability Commission

 AN ACT Relating to repealing student improvement goals; repealing RCW 28A.655.050; and providing an effective date.

Referred to Committee on Education.

HB 2128by Representative Delvin

 AN ACT Relating to state capital funding assistance for jails; amending RCW 43.155.020; adding new sections to chapter 70.48 RCW; creating a new section; making an appropriation; and declaring an emergency.

Referred to Committee on Capital Budget.

HB 2129by Representatives Fisher, Mitchell, Cooper and Marine

 AN ACT Relating to state route number 526; and amending RCW 47.17.740.

Referred to Committee on Transportation.

HB 2130by Representatives Ogden, Lambert, Murray, Hankins, G. Chandler, Romero, Hatfield and McDermott

 AN ACT Relating to charitable fund-raising by state officers and state employees; and adding a new section to chapter 42.52 RCW.

Referred to Committee on State Government.

HJM 4009by Representatives Dunn, Fromhold, Pennington, Ogden, Hatfield, Mielke, Boldt and Grant

 Requesting fair tax treatment of Washington residents working in Oregon.

Referred to Committee on Finance.

HJM 4010by Representatives Dunn, Fromhold, Pennington, Ogden, Hatfield, Mielke, Boldt and Grant

 Requesting fair tax treatment of Washington residents working in Oregon.

Referred to Committee on Finance.

HCR 4407by Representatives Dunn, Ogden, Fromhold, Boldt, Hatfield, Mielke and Grant

 Creating a joint select committee on taxation of nonresidents by Oregon and Washington.

Referred to Committee on Finance.

SB 5130by Senators Oke, B. Sheldon, T. Sheldon, Horn, Haugen, Swecker, McCaslin, Morton, Snyder, Hale, Kastama, Prentice, Regala, Jacobsen, Hargrove, Spanel, West, Finkbeiner, Long, McDonald, Winsley, McAuliffe and Costa

 AN ACT Relating to toll bridges; amending RCW 47.56.010, 47.56.030, 47.56.240, and 47.56.270; creating a new section; repealing RCW 47.56.271; and declaring an emergency.

Referred to Committee on Transportation.

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

REPORTS OF STANDING COMMITTEES

February 13, 2001

HB 1041 Prime Sponsor, Representative Ballasiotes: Allowing protection orders for unlawful harassment to restrain persons under the age of eighteen. Reported by Committee on Juvenile Justice

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Delvin, Republican Co-Chair; Dickerson, Democratic Co-Chair; Eickmeyer, Democratic Vice Chair; Marine, Republican Vice Chair; Armstrong; Darneille and Tokuda.

MINORITY recommendation: Without recommendation. Signed by Representatives Carrell.

Voting yea: Representatives Delvin, Dickerson, Eickmeyer, Marine, Armstrong, Darneille and Tokuda.

Voting nay: Representative Carrell.

Passed to Committee on Appropriations

February 13, 2001

HB 1093 Prime Sponsor, Representative Schual-Berke: Changing physician license fees. Reported by Committee on Health Care

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Campbell, Republican Co-Chair; Cody, Democratic Co-Chair; Skinner, Republican Vice Chair; Alexander; Ballasiotes; Conway; Darneille; Edmonds; Edwards; Marine; McMorris; Pennington and Ruderman.

Voting yea: Representatives Cody, Campbell, Skinner, Alexander, Ballasiotes, Conway, Darneille, Edmonds, Edwards, Marine, McMorris, Pennington, and Ruderman.

Excused: Representative Schual-Berke.

Passed to Committee on Rules for second reading.

February 13, 2001

HB 1136 Prime Sponsor, Representative Schoesler: Regarding product standards. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Mielke, Republican Vice Chair; B. Chandler; Delvin; Dunshee; Grant; Hunt; Kirby; Quall; Roach; Schoesler and Sump.

Voting yea: Representatives G. Chandler, Linville, Cooper, Mielke, B. Chandler, Delvin, Dunshee, Grant, Hunt, Kirby, Quall, Roach, Schoesler and Sump.

Passed to Committee on Rules for second reading.

February 13, 2001

HB 1140 Prime Sponsor, Representative Schoesler: Modifying the taxation of grain warehouses. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Mielke, Republican Vice Chair; B. Chandler; Delvin; Dunshee; Grant; Hunt; Kirby; Quall; Roach; Schoesler and Sump.

Voting yea: Representatives G. Chandler, Linville, Cooper, Mielke, B. Chandler, Delvin, Dunshee, Grant, Hunt, Kirby, Quall, Roach, Schoesler and Sump.

Passed to Committee on Rules for second reading.

February 13, 2001

HB 1163 Prime Sponsor, Representative Eickmeyer: Changing provisions relating to disposal of garbage and junk vehicles. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Mielke, Republican Vice Chair; B. Chandler; Delvin; Dunshee; Grant; Hunt; Kirby; Quall; Roach; Schoesler and Sump.

Voting yea: Representatives G. Chandler, Linville, Cooper, Mielke, B. Chandler, Delvin, Dunshee, Grant, Hunt, Kirby, Quall, Roach, Schoesler and Sump.

Passed to Committee on Rules for second reading.

February 13, 2001

HB 1202 Prime Sponsor, Representative Cairnes: Improving property tax administration. Reported by Committee on Finance

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cairnes, Republican Co-Chair; Morris, Democratic Co-Chair; Berkey, Democratic Vice Chair; Roach, Republican Vice Chair; Carrell; Conway; Pennington; Santos and Veloria.

MINORITY recommendation: Without recommendation. Signed by Representatives Van Luven.

Voting yea: Representatives Cairnes, Morris, Berkey, Roach, Carrell, Conway, Pennington, Santos, and Veloria.

Voting nay: Representative Van Luven

Passed to Committee on Rules for second reading.

February 13, 2001

HB 1212 Prime Sponsor, Representative Bush: Sealing certain juvenile records. Reported by Committee on Juvenile Justice

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Delvin, Republican Co-Chair; Dickerson, Democratic Co-Chair; Eickmeyer, Democratic Vice Chair; Marine, Republican Vice Chair; Armstrong; Carrell; Darneille and Tokuda.

Voting yea: Representatives Delvin, Dickerson, Eickmeyer, Marine, Armstrong, Carrell, Darneille and Tokuda.

Passed to Committee on Rules for second reading.

February 13, 2001

HB 1254 Prime Sponsor, Representative Kessler: Exempting certain land exchanges and sales involving the federal government from real estate excise tax. Reported by Committee on Finance

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cairnes, Republican Co-Chair; Morris, Democratic Co-Chair; Berkey, Democratic Vice Chair; Roach, Republican Vice Chair; Carrell; Conway; Pennington; Santos; Van Luven and Veloria.

Voting yea: Representatives Cairnes, Morris, Berkey, Roach, Carrell, Conway, Pennington, Santos, Van Luven and Veloria.

Passed to Committee on Rules for second reading.

February 13, 2001

HB 1266 Prime Sponsor, Representative Fisher: Making supplemental transportation appropriations. Reported by Committee on Transportation

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. 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; Haigh; Hatfield; Hurst; Jarrett; Marine; Mielke; Morell; Murray; Ogden; Reardon; Romero; Schindler; Simpson; Skinner; Sump; Wood and Woods.

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

Excused: Representatives Jackley, Rockefeller, and Woods.

Passed to Committee on Rules for second reading.

February 13, 2001

HB 1467 Prime Sponsor, Representative Reardon: Improving property tax administration by correcting terminology and deleting obsolete provisions. Reported by Committee on Finance

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cairnes, Republican Co-Chair; Morris, Democratic Co-Chair; Berkey, Democratic Vice Chair; Roach, Republican Vice Chair; Conway and Santos.

MINORITY recommendation: Without recommendation. Signed by Representatives Carrell; Pennington; Van Luven and Veloria.

Voting yea: Representatives Cairnes, Morris, Berkey, Roach, Conway, Santos and Van Luven.

Voting nay: Representatives Carrell, Pennington, Van Luven, and Veloria.

Passed to Committee on Rules for second reading.

February 13, 2001

HB 1471 Prime Sponsor, Representative Darneille: Regarding diversions. Reported by Committee on Juvenile Justice

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Delvin, Republican Co-Chair; Dickerson, Democratic Co-Chair; Eickmeyer, Democratic Vice Chair; Marine, Republican Vice Chair; Armstrong; Carrell; Darneille and Tokuda.

Voting yea: Representatives Delvin, Dickerson, Eickmeyer, Marine, Armstrong, Carrell, Darneille and Tokuda.

Passed to Committee on Rules for second reading.

February 14, 2001

HJM 4001 Prime Sponsor, Representative Hatfield: Requesting continuation of the blanket primary. Reported by Committee on Select Committee on Elections

MAJORITY recommendation: Do pass. Signed by Representatives Ogden, Democratic Co-Chair; Schmidt, Republican Co-Chair; Fisher, Democratic Vice Chair; Ballasiotes; Morris and Romero.

Voting yea: Representatives Ogden, Schmidt, Fisher, Ballasiotes, Morris and Romero.

Excused: Representatives Crouse, and Talcott.

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.

The House stood at ease until 1:30 p.m. at which time the House reconvened for a Joint Memorial Service with the Senate.

JOINT SESSION

The Speaker (Representative Pennington presiding) called the House to order.

The Sergeant at Arms announced that the Senate had arrived. The Speaker (Representative Pennington presiding) requested that the Sergeant at Arms of the House and the Sergeant at Arms of the Senate escort President Pro Tempore Rosa Franklin and Minority Leader Jim West to seats on the Rostrum. The Senators were invited to seats within the Chamber.

The Speaker (Representative Pennington presiding) called upon President Pro Tempore Franklin to preside over the Joint Session.

The President (Senator Franklin presiding) called the Joint Session to order. The Clerk called the roll of the House and Senate and a quorum was present.

The President (Senator Franklin presiding) introduced the Statewide Elected Officials: Governor Gary Locke, Secretary of State Sam Reed, State Treasurer Mike Murphy, Superintendent of Public Instruction, Terry Bergeson, Insurance Commissioner Mike Kreidler and Commissioner of Public Lands Doug Sutherland.

The Clerk announced the former members who were in attendance: Senator Del Bausch, Commissioner of Public Lands Jennifer Belcher, Senator Rick Bender, Representative Art Brown, Representative Patty Butler, Senator Paul Conner, Representative Thomas Copeland, Senator Carol (Monahon) Conley; Representative Phil Dyer, Speaker Wayne Ehlers, Senator Tim Erwin, Senator Pete Francis, Senator Marc Gaspard, State Auditor Robert Graham, Senator H.B. Hanna, Representative Denny Heck, Representative Richard King, Senator Bill Kiskaddon, Representative Paul Sanders, Representative Doug Sayan, Representative Joe Taller, Representative Mike Todd and Representative William Young.

The Flags were escorted to the Rostrum by the Washington State Patrol Color Guard. The President (Senator Franklin presiding) led the Chamber in the Pledge of Allegiance.

The President (Senator Franklin presiding) announced the purpose of the Joint session was to conduct memorial services in memory of departed former members of the Legislature. The President turned the gavel over to Representative Pennington to conduct the service.

The Invocation was offered by Speaker Clyde Ballard: "We come before you today at a time which gives us many emotions. As we read down the list of all those friends, many of whom many of us have served with, we think of all the years of service they have given. We think of all of the years that their families supported them in doing this. We think of the fact that they are not with us here today. These thoughts bring us sadness.

But then we think of all the good times we had in serving with them. We think of all the good things they did. We think of all of the good memories we continue to share when we have our casual and family times. And these thoughts bring us a special joy and hearts full of Thanksgiving. We are so thankful for the lives they gave, their commitment and the differences they made in the lives of the citizens of this State. So this day, we bow before you to say thank you for allowing us to have these individuals as good friends and as good servants of the citizens of the State of Washington. It is with grateful hearts that we say thank you for this blessing.

In Christ's Name, Amen."

The Legislative Choir, composed of volunteers from the Senate and House of Representatives with Guest Director Irv Martin, accompanied by Art Peterson. The Choir sang "On Eagles Wings".

Representative Pennington called upon Speaker Pro Tempore Val Ogden for the Memorial Tribute.

Speaker Pro Tempore Ogden: "We are assembled today to pay tribute to the lives and services of the distinguished former Members of the Senate and House of Representatives of the State of Washington who are no longer with us.

On behalf of the People of our State, the Fifty-Seventh Legislature of the State of Washington conveys its respects to these deceased Legislators who once sat in the chambers of the House and Senate, as we are doing today, answered roll calls on sometimes critical perplexing bills, attended committee meetings and above all else, served to the best of their abilities in order to make our State a better and more enriching place in which to live. While their journey in this life is completed, their achievements, records and valued services have been recorded in the journals of the Senate and House and are now a permanent part of the history of the State of Washington.

We express our sympathies to the bereaved families and their friends and also share with them on this memorable occasion the fond and happy memories of these legislators, who served us well and responsibly. They truly loved this great State of Washington. They have indeed left a legacy of dedicated service that will remain as a reminder to us of our responsibilities and the opportunity we have to serve our State."

Speakers Pro Tempore Pennington and Ogden called the roll of the deceased former members of the Senate and House of Representatives:

Rabbi Theodore Stainman, Temple Bet Chaverim, Des Moines offered the Memorial Prayer: "Our God and God of our fathers it is altogether right and proper that we meet now and here to consider the lives of those who have rendered service to the community and to our State and have passed to their eternal reward. Their lives are an example to us and their service a model of devotion.

We can give only a small measure of comfort to their heirs by our honors yet it is important for us to do so. It is important because the past assuredly influences the present and the future. By the honor we bestow upon those who have served we insure the future of our work and State. Every one of us exists for only a moment in time and then ceases to be. Our work is our memorial and our everlasting remembrance. By reviewing the life and times of those who preceded us, we learn the important virtues of devotion and rectitude which they so exhibited. We additionally by spending a moment of reflection call to mind the essential humanity of our predecessors and strengthen the connection between them and us. This is all to the good.

Dear God you have implanted in us the capacity of both memory and goodness. By holding on to the lives and labors of these legislators who served with distinction and high purpose we are able to dedicate our work to emulate and finish what they began and initiated. With them in mind we reinforce our own determination to do the best we can for the citizens of our State and to render government for the common good of all.

This then is the lasting tribute and memorial with which we enshrine the memory of those we honor today. We pray to the God who has sheltered us and protected us to take under the wings of his peace the family members and friends who yet grieve the loss of loved ones. We pledge ourselves to keep alive the good name that they earned by a lifetime of service to others. May their memory always bring us blessing as we recall their lives and deeds at this hallowed moment and in this sacred place."

The Legislative Choir sang "To Everything There is a Season". The Washington State Patrol offered a ceremonial salute of 17 bells and "Taps".

Representative Joyce Mulliken offered the Closing Prayer: ""Gracious God and Creator of all ... it is good we could come this afternoon to be part of this ceremony – to remember and to pay tribute to these servants who have given so much of themselves – their time and energy in service for the people in this great State of Washington. We pray especially for their family members – that you will comfort them in their loss and help them find consolation in knowing the benefit their family member provided for so many.

We also pray for each one of us here – that You would encourage and comfort us as we claim their memories as your special gift to us. May these memories instruct us, motivate us, support us and lift us. May we remember what these former members have done by serving among us.

Even though death is powerful and mysterious we know because of our hope in You it does not have the last word. We take joy, as our hearts rise to You, that this divine harmony of death and life was sung by prophets and holy people, and that Your Son, Jesus, sang that song in his death and resurrection from the tomb.

And, so we pray that as we look to the future, we will continue to learn from the past. We thank You our sovereign God for what you have done in our midst and we continue to pray for Your special blessing upon each of our lives, the lives of our families, and the lives of those we serve."

Washington State Patrol Sergeant Keith Huntley played "Amazing Grace" on the bagpipes.

Speaker Pro Tempore Pennington returned the gavel to President Pro Tempore Franklin who thank the members of the Memorial Committee and everyone who participated in the day's ceremony.

On motion by Representative Mastin, the Joint Session was dissolved. President Pro Tempore Franklin turned the gavel over to Speaker Pro Tempore Pennington who asked the Sergeant at Arms of the House and Senate to escort President Pro Tempore Franklin and Minority Leader West from the Rostrum, and the Senators from the floor of the House.

There being no objection, the House advanced to the eleventh order of business.

MOTION

On motion of Representative Mastin, the House adjourned until 9:55 a.m., February 16, 2001, the 40^th Legislative Day.

CLYDE BALLARD, SpeakerFRANK CHOPP, Speaker

TIMOTHY A. MARTIN, Chief ClerkCYNTHIA ZEHNDER, Chief Clerk