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

from that in the original published version.

FIFTY SEVENTH LEGISLATURE - REGULAR SESSION

___________________________________________________________________________________________

THIRTY SIXTH DAY

___________________________________________________________________________________________

House Chamber, Olympia, Monday, February 18, 2002

The House was called to order at 9:00 a.m. by the Speaker (Representative Ogden presiding). The Clerk called the roll and a quorum was present.

The flag was escorted to the rostrum by the Nisei Veterans Committee Color Guard. The Speaker (Representative Ogden) led the Chamber in the Pledge of Allegiance. Prayer was offered by Reverend Jerry Shigaki, St. Benedict's Episcopal Church, Lacey.

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

RESOLUTION

HOUSE RESOLUTION NO. 2002-4704, By Representatives Santos, Tokuda, Veloria, Rockefeller, Kenney, Haigh, Hurst, Conway, Cody, Fisher, Skinner, Campbell, Grant, Holmquist, Wood, Van Luven, Sullivan, Linville, Cooper, Bush, Hankins, Mielke, Ballasiotes, Dickerson, Ruderman, Doumit, Lisk, Morris, Nixon, Schoesler, Buck, Carrell, Alexander, Mulliken, Anderson, Lovick, Cox, Armstrong, Schmidt, Clements, Esser, McDermott, Sehlin, Jarrett and Boldt

WHEREAS, On February 19, 1942, President Franklin D. Roosevelt issued Executive Order 9066, which authorized the forced assembly, evacuation, and internment of approximately 12,000 Japanese-Americans residing in the state of Washington; and

WHEREAS, The order for assembly and detention at Camp Harmony in Puyallup, Washington, prior to evacuation and subsequent internment caused the Japanese-Americans from the state of Washington to lose millions of dollars in property and assets, to suffer immeasurable physical and psychological damage, and to be deprived of their constitutional liberties without due process of law; and

WHEREAS, The alleged purpose of this drastic course of action was to prevent Japanese-Americans, all of whom were deemed disloyal and untrustworthy, from committing acts of espionage and sabotage against the United States during the period of its involvement in World War II; and

WHEREAS, An overwhelming number of Japanese-Americans from the state of Washington responded to questions of their loyalty and patriotism by volunteering from within barbed wire camps to serve in the United States Military Intelligence Service and the United States Army's 442nd Regimental Combat Team, the latter of which became the most decorated unit of its size in American history with seven Presidential Unit Citations, 21 Congressional Medals of Honor, 52 Distinguished Service Crosses, 588 Silver Stars, 4,000 Bronze Stars, 9,486 Purple Hearts, and a total of 18 decorations from France and Italy; and

WHEREAS, A few equally patriotic Japanese-Americans, such as Gordon Hirabayashi, then a student at the University of Washington, were willing to face imprisonment to seek justice by challenging the constitutionality of the evacuation and internment orders; and

WHEREAS, Hindsight has proven that the predominant factor that actually led to the internment of Japanese-Americans was not "military necessity" to protect the United States from possible espionage or sabotage, but was the result of "race prejudice, war hysteria, and a failure of political leadership"; and

WHEREAS, Japanese-American internees from the state of Washington endured economic, physical, and psychological hardship and suffered in silence for more than forty years before the state of Washington provided monetary redress and reparations to municipal and state employees;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives, along with the people of Washington, pause in its endeavors on February 19, 2002, to acknowledge the sixtieth anniversary of the signing of Executive Order 9066, to recognize the Japanese-American internees from the state of Washington and honor their patience, heroism, sacrifice, and patriotic loyalty, and to remember the lessons and blessings of liberty and justice for all; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Nisei Veterans Committee, the Military Intelligence Service – Northwest Association, and the Japanese-American Citizens League.

House Resolution No. 4704 was adopted.

SPEAKER'S PRIVILEGE

The Speaker (Representative Ogden presiding) recognized Reverend Jerry Shigaki, who did the morning's prayer. He also welcomed Kaz Ishimitsu, Sam Owada, Ed Mayeda and Joe Kamikawa of the Nisei Veterans Committee Color Guard and Emily Momohara, the artist whose exhibit was on display in the Rotunda. Also present were members of the Japanese American Citizens League and Karen Yoshitomi, Executive Director of the Pacific Northwest Region.

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

SECOND READING

HOUSE BILL NO. 2842, by Representatives Santos, Tokuda, Veloria, Conway, Kenney, Dickerson, O'Brien, Ogden, Schual-Berke, Kessler, Lovick, McIntire, Ruderman, Upthegrove, Linville, Rockefeller, Simpson, Haigh and McDermott

Creating a civil liberties day of remembrance.

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 Santos, Tokuda, Buck, Sump, Doumit, Skinner, Conway, Orcutt, Ruderman, Cox and Kenney spoke in favor of passage of the bill.

MOTIONS

On motion of Representative Woods, Representatives Ballasiotes, Bush, Cairnes, Campbell, Jarrett, Mielke, Mulliken and Schindler were excused. On motion of Representative Santos, Representatives Edwards, Gombosky, Hurst, Morris and Reardon were excused.

The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of House Bill No. 2842.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2842 and the bill passed the House by the following vote: Yeas - 85, Nays - 0, Absent - 0, Excused - 13.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Berkey, Boldt, Buck, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Miloscia, Mitchell, Morell, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 85.

Excused: Representatives Ballasiotes, Bush, Cairnes, Campbell, Edwards, Gombosky, Hurst, Jarrett, Mielke, Morris, Mulliken, Reardon, and Schindler - 13.

House Bill No. 2842, having received the necessary constitutional majority, was declared passed.

HOUSE JOINT MEMORIAL NO. 4026, by Representatives Rockefeller, Woods, Jackley, Murray, Lovick, Tokuda, Ogden, Romero, Hunt, McDermott, Veloria, Doumit, Jarrett, Talcott, Cox, Ballasiotes, Ahern, Orcutt, Schmidt, Esser, Santos, Cooper, Cody, Simpson, Benson, Carrell, Kessler, Schual-Berke, Linville, McIntire, Mulliken, Upthegrove, Chase and Van Luven

Requesting a memorial to remember the internment of Japanese-Americans during World War II.

The joint memorial was read the second time. There being no objection, Substitute House Joint Memorial No. 4026 was substituted for House Joint Memorial No. 4026 and the substitute joint memorial was placed on the second reading calendar.

Substitute House Joint Memorial No. 4026 was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the joint memorial was placed on final passage.

Representatives Rockefeller, Woods, Hunt, Eickmeyer and Santos spoke in favor of passage of the joint memorial.

The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of Substitute House Joint Memorial No. 4026.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Joint Memorial No. 4026 and the joint memorial passed the House by the following vote: Yeas - 87, Nays - 0, Absent - 0, Excused - 11.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Berkey, Boldt, Buck, Bush, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Miloscia, Mitchell, Morell, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 87.

Excused: Representatives Ballasiotes, Cairnes, Edwards, Gombosky, Hurst, Jarrett, Mielke, Morris, Mulliken, Reardon, and Schindler - 11.

Substitute House Joint Memorial No. 4026, having received the necessary constitutional majority, was declared passed.

RESOLUTION

HOUSE RESOLUTION NO. 2002-4701, by Representatives Buck, Kessler, Talcott, Pflug and Hankins

WHEREAS, The Water Quality program offered by the Washington Virtual Classroom Consortium has been recognized and supported by both Senator Gorton and Senator Murray; and

WHEREAS, The Water Quality program has been recognized and supported by Superintendent of Public Instruction Terry Bergeson; and

WHEREAS, The Water Quality program has provided exceptional learning opportunities to a variety of rural school districts across this state; and

WHEREAS, These districts, which include Adna, Concrete, Eatonville, North Franklin, Ocosta, Quinault Lake, Quillayute Valley, Wapato, Wellpinit, and White Salmon have benefited greatly from their participation with the Washington Virtual Classroom Consortium; and

WHEREAS, The host district and fiscal agent for this program, Quillayute Valley School District and member districts have worked diligently to "...bridge the digital divide..." that exists in rural Washington; and

WHEREAS, The Washington Virtual Classroom Consortium now seeks to expand intrastate; and

WHEREAS, The Washington Virtual Classroom Consortium is expanding interstate with partners in the Kenai Borough and School District in the State of Alaska and the Center for Great Lakes Environmental Education in Buffalo, New York; and

WHEREAS, This expansion of the Washington Virtual Classroom Consortium and especially its Water Quality program will be of great benefit to these areas;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of Washington State acknowledge the outstanding work of the Washington Virtual Classroom Consortium and its Water Quality program and recognize them as Sites of Excellence; and

BE IT FURTHER RESOLVED, That the House of Representatives of Washington State encourage all the citizens of Washington State to support and participate in Washington Virtual Classroom Consortium and its Water Quality program; and

BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Chief Clerk of the House of Representatives of Washington State to the Superintendent of Public Instruction, the Executive Director of the State Board of Education, the Executive Director of the Professional Educator Standards Board, and the Executive Director of the Higher Education Coordinating Board.

Representative Buck moved the adoption of the resolution.

Representatives Buck and Kessler spoke in favor of the adoption of the resolution.

House Resolution No. 4701 was adopted.

The Speaker assumed the chair.

HOUSE BILL NO. 2666, by Representatives Veloria, Dunn, Bush, Roach, Casada, Anderson and Santos

Exempting small business innovative research awards from business and occupation tax.

The bill was read the second time. There being no objection, Substitute House Bill No. 2666 was not substituted for House Bill No. 2666.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Veloria and Van Luven spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of House Bill No. 2666.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2666 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 94.

Excused: Representatives Ballasiotes, Gombosky, Hurst, and Mulliken - 4.

House Bill No. 2666, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

If I had been present, I would have voted YEA on House Bill No. 2666.

JOYCE MULLIKEN, 13^th District

HOUSE BILL NO. 2688, by Representative Linville; by request of Department of Agriculture

Regulating commodity boards and commissions.

The bill was read the second time. There being no objection, Substitute House Bill No. 2688 was substituted for House Bill No. 2688 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2688 was read the second time.

Representative Schoesler moved the adoption of amendment (061):

On page 84, after line 33, insert the following:

"Sec. 113. RCW 15.76.150 and 1965 ex.s. c 32 s 2 are each amended to read as follows:

The director shall have the authority to make allocations from the state fair fund, including interest income under RCW 43.79A.040, exclusively as follows: Eighty-five percent to participating agricultural fairs, distributed according to the merit of such fairs measured by a merit rating to be set up by the director. This merit rating shall take into account such factors as area and population served, open and/or youth participation, attendance, gate receipts, number and type of exhibits, premiums and prizes paid, community support, evidence of successful achievement of the aims and purposes of the fair, extent of improvements made to grounds and facilities from year to year, and overall condition and appearance of grounds and facilities. The remaining fifteen percent of money in the state fair fund may be used for special assistance to any participating fair or fairs and for administrative expenses incurred in the administration of this chapter only, including expenses incurred by the fair commission as may be approved by the director: PROVIDED, That not more than five percent of the state fair fund may be used for such expenses.

The division and payment of funds authorized in this section shall occur at such times as the director may prescribe."

Renumber the remaining sections consecutively and correct the title.

Representatives Schoesler and Linville spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Linville moved the adoption of amendment (232):

On page 85, after line 5, insert the following:

"Sec. 114. RCW 15.24.010 and 1989 c 354 s 53 are each amended to read as follows:

As used in this chapter:

(1) "Commission" means the Washington ((state)) apple ((advertising)) commission;

(2) "Ship" means to load apples into a conveyance for transport, except apples being moved from the orchard where grown to a packing house or warehouse within the immediate area of production;

(3) "Handler" means any person who ships or initiates a shipping operation, whether for himself, herself, or for another;

(4) "Dealer" means any person who handles, ships, buys, or sells apples, or who acts as sales or purchasing agent, broker, or factor of apples;

(5) "Processor" and "processing plant" means every person to whom and every place to which apples are delivered for drying, dehydrating, canning, pressing, powdering, extracting, cooking, or for use in producing a product or manufacturing a manufactured article;

(6) "Processing apples" means all apples delivered to a processing plant for drying, dehydrating, canning, pressing, powdering, extracting, cooking, or for use in producing a product or manufacturing a manufactured article. However, "processing apples" does not include fresh apples sliced or cut for raw consumption;

(7) "Fresh apples" means all apples other than processing apples;

(8) "Director" means the director of the department of agriculture or his or her duly authorized representative;

(9) "Grower district No. 1" includes the counties of Chelan, Okanogan, and Douglas;

(10) "Grower district No. 2" includes the counties of Kittitas, Yakima, Benton, and Franklin;

(11) "Grower district No. 3" includes all counties in the state not included in the first and second districts;

(12) "Dealer district No. 1" includes the area of the state north of Interstate 90;

(13) "Dealer district No. 2" includes the area of the state south of Interstate 90; and

(14) "Executive officer" includes, but is not limited to, the principal management executive, sales manager, general manager, or other executive employee of similar responsibility and authority.

Sec. 115. RCW 15.24.020 and 1989 c 354 s 54 are each amended to read as follows:

There is hereby created a Washington ((state)) apple ((advertising)) commission to be thus known and designated. The commission shall be composed of nine practical apple producers and four practical apple dealers. The director shall be an ex officio member of the commission without vote.

The nine producer members shall be citizens and residents of this state, over the age of twenty-five years, each of whom, either individually or as an executive officer of a corporation, firm or partnership, is and has been actually engaged in growing and producing apples within the state of Washington for a period of five years, currently operates a commercial producing orchard in the district represented, and has during that period derived a substantial portion of his or her income therefrom: PROVIDED, That he or she may own and operate an apple warehouse and pack and store apples grown by others, without being disqualified, so long as a substantial quantity of the apples handled in such warehouse are grown by him or her; and he or she may sell apples grown by himself, herself, and others so long as he or she does not sell a larger quantity of apples grown by others than those grown by himself or herself. The four dealer members shall be persons who, either individually or as executive officers of a corporation, firm, partnership, association, or cooperative organization, are and have been actively engaged as dealers in apples within the state of Washington for a period of five years, and are citizens and residents of this state, and are engaged as apple dealers in the district represented. The qualifications of members of the commission as herein set forth must continue during their term of office.

Sec. 116. RCW 15.24.040 and 1989 c 354 s 56 are each amended to read as follows:

The ((director)) commission shall call a meeting of apple growers, and meetings of apple dealers in dealer district No. 1 and dealer district No. 2 for the purpose of nominating their respective members of the commission, when a term is about to expire, or when a vacancy exists, except as provided in RCW 15.24.050, as amended, at times and places to be fixed by the commission. ((Said)) The meetings shall be held not later than February 15th of each year and insofar as practicable, the ((said)) meetings of the growers shall be held at the same time and place as the annual meeting of the Washington state horticultural association, or the annual meeting of any other producer organization which represents a majority of the state's apple producers, as determined by the commission, but not while the same is in actual session. Public notice of such meetings shall be given by the commission in such manner as it may determine: PROVIDED, That nonreceipt of the notice by any interested person shall not invalidate the proceedings. Any qualified person may be nominated orally for such positions at the ((said)) respective meetings. Nominations may also be made within five days after any such meeting by written petition filed in the Wenatchee office of the commission, signed by not less than five apple growers or dealers, as the case may be, residing within the district or within the subdivision if the nomination is made from a subdivision.

The members of the commission shall be elected by secret mail ballot under the supervision of the director: PROVIDED, That in any case where there is but one nomination for a position, a secret mail ballot shall not be conducted or required and the director shall certify the candidate to be elected. Grower members of the commission shall be elected by a majority of the votes cast by the apple growers in the respective districts or subdivisions thereof, as the case may be, each grower who operates a commercial producing apple orchard within the district or subdivision being represented, whether an individual proprietor, partnership, joint venture, or corporation, being entitled to one vote. As to bona fide leased or rented orchards, only the lessee-operator, if otherwise qualified, shall be entitled to vote. An individual commercial orchard operator, if otherwise qualified, shall be entitled to vote as such, even though he or she is also a member of a partnership or corporation which votes for other apple acreage. Dealer members of the commission shall be elected by a majority of the votes cast by the apple dealers in the respective districts, each dealer being entitled to one vote. If a nominee does not receive a majority of the votes on the first ballot, a run-off election shall be held by mail in a similar manner between the two candidates for such position receiving the largest number of votes.

Sec. 117. RCW 15.24.050 and 1984 c 287 s 12 are each amended to read as follows:

In the event a position becomes vacant due to resignation, disqualification, death, or for any other reason, such position until the next annual meeting shall be filled by vote of the remaining members of the commission. At such annual meeting a commissioner shall be elected to fill the balance of the unexpired term.

A majority of the voting members shall constitute a quorum for the transaction of all business and the carrying out of the duties of the commission.

Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter. Employees of the commission may also be reimbursed for actual travel expenses when ((out of state)) on official commission business.

Sec. 118. RCW 15.24.070 and 1994 c 134 s 1 are each amended to read as follows:

The Washington ((state)) apple ((advertising)) commission is hereby declared and created a corporate body. The powers and duties of the commission shall include the following:

(1) To elect a chair and such other officers as it deems advisable; and to adopt, rescind, and amend rules and orders for the exercise of its powers under this chapter, which shall have the force and effect of the law when not inconsistent with existing laws;

(2) To administer and enforce the provisions of this chapter, and do all things reasonably necessary to effectuate the purposes of this chapter;

(3) To employ and at its pleasure discharge a manager, secretary, agents, attorneys, and employees as it deems necessary, and to prescribe their duties and powers and fix their compensation;

(4) To establish offices and incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter. Expenses may include reasonable, prudent use of promotional hosting to benefit the purposes of this chapter;

(5) To investigate and prosecute violations of this chapter;

(6) To conduct scientific research to develop and discover the health, food, therapeutic, and dietetic value of apples and apple products;

(7) To keep accurate record of all of its dealings, which shall be open to inspection and audit by the state auditor;

(8) To sue and be sued, adopt a corporate seal, and have all of the powers of a corporation;

(9) To expend funds for commodity-related education, training, and leadership programs as the commission deems expedient;

(10) To borrow money and incur indebtedness;

(11) To accept gifts, grants, conveyances, bequests, and devises, of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend these donations or the proceeds, rents, profits, and income from the donations except as limited by the donor's terms. The commission shall adopt rules to govern and protect the receipt and expenditure of the proceeds, rents, profits, and income of all such gifts, grants, conveyances, bequests, and devises. The authority to make expenditures granted by this subsection includes the authority to make expenditures to provide scholarships or financial assistance to persons as defined in RCW 1.16.080 or entities associated with the apple industry, but is not limited to the authority to make expenditures for such a purpose; ((and))

(12) To engage in appropriate fund-raising activities for the purpose of supporting the activities of the commission authorized by this chapter; and

(13) To retain, discharge, or contract with, at its pleasure, accountants, marketing agencies, and other professional consultants as necessary, under procedures for hiring, discharging, and review as adopted by the commission.

Sec. 119. RCW 15.24.080 and 1961 c 11 s 15.24.080 are each amended to read as follows:

In order to benefit the people of this state, the state's economy and its general tax revenues, the commission shall provide for and conduct a comprehensive and extensive research, advertising, and educational campaign as continuous as the crop, sales, and market conditions reasonably require. It shall investigate and ascertain the needs of producers, conditions of the markets, and extent to which public convenience and necessity require research and advertising to be conducted.

Sec. 120. RCW 15.24.085 and 1961 c 11 s 15.24.085 are each amended to read as follows:

The restrictive provisions of chapter 43.78 RCW shall not apply to promotional printing and literature for the Washington ((state)) apple ((advertising)) commission, the Washington state fruit commission, or the Washington state dairy products commission.

Sec. 121. RCW 15.24.090 and 1983 c 95 s 1 are each amended to read as follows:

If it appears from investigation by the commission that the revenue from the assessment levied on fresh apples under this chapter is too high or is inadequate to accomplish the purposes of this chapter, the commission shall adopt a resolution setting forth the necessities of the industry, the extent and probable cost of the required research, market promotion, and advertising, the extent of public convenience, interest, and necessity, and probable revenue from the assessment levied. It shall thereupon decrease or increase the assessment to a sum determined by the commission to be necessary for those purposes based upon a rate per one hundred pounds of apples, gross billing weight, shipped in bulk, container, or any style of package or reasonable equivalent net product assessment as determined by the commission. However, if a different rate is determined for any specific variety or for fresh apples sliced or cut for raw consumption, that different rate must be applied to that variety or those sliced or cut apples. A decrease or an increase becomes effective sixty days after the resolution is adopted or on any other date provided for in the resolution, but shall be first referred by the commission to a referendum mail ballot by the apple growers of this state conducted under the supervision of the director and be approved by a majority of the growers voting on it and also be approved by voting growers who operate more than fifty percent of the acreage voted in the same election. After the mail ballot, if favorable to the increase or decrease, the commission shall nevertheless exercise its independent judgment and discretion as to whether or not to approve the increase or decrease.

Sec. 122. RCW 15.24.100 and 1967 c 240 s 28 are each amended to read as follows:

There is hereby levied upon all fresh apples grown annually in this state, and all apples packed as Washington apples, an assessment of twelve cents on each one hundred pounds gross billing weight or reasonable equivalent net product assessment measurement, as determined by the commission, plus such annual decreases or increases thereof as are imposed pursuant to the provisions of RCW 15.24.090. All moneys collected hereunder shall be expended to effectuate the purpose and objects of this chapter.

Sec. 123. RCW 15.24.110 and 1967 c 240 s 29 are each amended to read as follows:

The assessments on fresh apples shall be paid, or provision made therefor satisfactory to the commission, prior to shipment, and no fresh apples shall be carried, transported, or shipped by any person or by any carrier, railroad, truck, boat, or other conveyance until the assessment has been paid or provision made therefor satisfactory to the commission.

The commission shall by rule ((or regulation)) prescribe the method of collection, and for that purpose may require stamps to be known as "Washington apple ((advertising)) stamps" to be purchased from the commission and attached to the containers, invoices, shipping documents, inspection certificates, releases, or receiving receipts or tickets. Rule-making procedures conducted under this section are exempt from the provisions of RCW 43.135.055 when adoption of the rule or rules is determined by a referendum vote of the persons taxed under this chapter.

NEW SECTION. Sec. 124. A new section is added to chapter 15.24 RCW to read as follows:

Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310 and the provisions of chapter 19.85 RCW, the regulatory fairness act, when the proposed rule is subject to a referendum.

Sec. 125. RCW 15.24.160 and 1961 c 11 s 15.24.160 are each amended to read as follows:

To maintain and complement the existing comprehensive regulatory scheme, the commission may employ, designate as agent, act in concert with, and enter into contracts with any person, council, or commission, including but not limited to the director, state agencies such as the Washington state fruit commission and its successors, statewide horticultural associations, organizations or associations engaged in tracking the movement and marketing of horticultural products, and organizations or associations of horticultural growers, for the purpose of promoting the general welfare of the apple industry and particularly for the purpose of assisting in the sale and distribution of apples in domestic or foreign commerce, and expend its funds or such portion thereof as it may deem necessary or advisable for such purpose and for the purpose of paying its proportionate share of the cost of any program providing direct or indirect assistance to the sale and distribution of apples in domestic or foreign commerce. For such purposes it may employ and pay for legal counsel and contract and pay for other professional services. Neither the state, nor any member, agent, or employee of the commission, is liable for the acts of the commission, or upon its contracts. In any civil or criminal action or proceeding for violation of any rule of statutory or common law against monopolies or combinations in restraint of trade, including any action under chapter 19.86 RCW, proof that the act complained of was done in compliance with the provisions of this chapter, and in furtherance of the purposes and provisions of this chapter, is a complete defense to such an action or proceeding.

Sec. 126. RCW 15.24.170 and 1975 1st ex.s. c 7 s 37 are each amended to read as follows:

Rules, regulations, and orders made by the commission shall be filed with the director and published in a legal newspaper in the cities of Wenatchee and Yakima within five days after being made, and shall become effective pursuant to the provisions of RCW ((34.05.040)) 34.05.380.

Sec. 127. RCW 15.24.800 and 1987 c 6 s 1 are each amended to read as follows:

The legislature hereby finds that, in order to permit the Washington ((state)) apple ((advertising)) commission to accomplish more efficiently its important public purposes, as enumerated in chapter 15.24 RCW, it is necessary for the state to assist in financing a new building for the commission, to be located on Euclid Avenue in Chelan county, and housing commission offices, warehouse space, and a display room. The state's assistance shall augment approximately five hundred thousand dollars in commission funds which will be applied directly to the payment of the costs of this project. The state's assistance shall be in the amount of eight hundred thousand dollars, or so much thereof as may be required, to be provided from the proceeds from the sale and issuance of general obligation bonds of the state, the principal of and interest on which shall be reimbursed to the state treasury by the commission from revenues derived from the assessments levied pursuant to chapter 15.24 RCW and other sources.

Sec. 128. RCW 15.24.802 and 1987 c 6 s 2 are each amended to read as follows:

For the purpose of providing part of the funds necessary for the Washington ((state)) apple ((advertising)) commission to undertake a capital project consisting of the land acquisition for, and the design, construction, furnishing, and equipping of, the building described in RCW 15.24.800, and to pay the administrative costs of such project, including costs of bond issuance and retirement, salaries and related costs of officials and employees of the state, and other expenses incidental to the administration of such project, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of eight hundred thousand dollars, or so much thereof as may be required.

Sec. 129. RCW 15.24.806 and 1987 c 6 s 4 are each amended to read as follows:

The proceeds from the sale of the bonds authorized in RCW 15.24.802, together with all grants, donations, transferred funds, and all other moneys which the state finance committee or the Washington ((state)) apple ((advertising)) commission may direct the state treasurer to deposit therein, shall be deposited in the state building construction account in the state treasury.

Sec. 130. RCW 15.24.808 and 1987 c 6 s 5 are each amended to read as follows:

Subject to legislative appropriation, all proceeds from the sale of the bonds authorized in RCW 15.24.802 shall be administered and expended by the Washington ((state)) apple ((advertising)) commission exclusively for the purposes specified in RCW 15.24.802.

Sec. 131. RCW 15.24.812 and 1987 c 6 s 7 are each amended to read as follows:

On or before June 30 of each year, the state finance committee shall certify to the Washington ((state)) apple ((advertising)) commission the principal and interest payments determined under RCW 15.24.810, exclusive of deposit interest credit, attributable to the bonds issued under RCW 15.24.802. On each date on which any interest or principal and interest payment is due, the commission shall cause the amount certified by the state finance committee to be due on such date to be paid out of the commission's general fund to the state treasurer for deposit into the general fund of the state treasury.

Sec. 132. RCW 15.24.818 and 1987 c 6 s 10 are each amended to read as follows:

The bonds authorized by RCW 15.24.802 shall be issued only after the treasurer of the Washington ((state)) apple ((advertising)) commission has certified that the net proceeds of the bonds, together with all money to be made available by the commission for the purposes described in RCW 15.24.802, shall be sufficient for such purposes; and also that, based upon the treasurer's estimates of future income from assessments levied pursuant to chapter 15.24 RCW and other sources, an adequate balance will be maintained in the commission's general fund to enable the commission to meet the requirements of RCW 15.24.812 during the life of the bonds to be issued.

Sec. 133. RCW 15.24.900 and 1961 c 11 s 15.24.900 are each amended to read as follows:

(1) This chapter is passed:

(((1))) (a) In the exercise of the police power of the state to assure, through this chapter, and other chapters, that the apple industry is highly regulated to protect the public health, to prevent fraudulent practices, to promote the welfare of the state, and to stabilize and protect the apple industry of the state as a vital and integral part of its economy for the benefit of all its citizens;

(((2))) (b) Because the apple crop grown in Washington comprises one of the major agricultural crops of Washington, and that therefore the business of selling and distributing such crop and the expanding and protection of its market is of public interest;

(((3))) (c) Because it is necessary and expedient to enhance the reputation of Washington apples in domestic and foreign markets;

(((4))) (d) Because it is necessary to discover the health giving qualities and food and dietetic value of Washington apples, and to spread that knowledge throughout the world in order to increase the consumption of Washington apples;

(((5))) (e) Because Washington grown apples are handicapped by high freight rates in competition with eastern and foreign grown apples in the markets of the world, and this disadvantage can only be overcome by education and advertising;

(((6))) (f) Because the stabilizing and promotion of the apple industry, the enlarging of its markets, and the increasing of the consumption of apples are necessary to assure and increase the payment of taxes to the state and its subdivisions, to alleviate unemployment within the state, and increase wages for agricultural labor;

(((7))) (g) To disseminate information giving the public full knowledge of the manner of production, the cost and expense thereof, the care taken to produce and sell only apples of the finest quality, the methods and care used in preparing for market, and the methods of sale and distribution to increase the amount secured by the producer therefor, so that they can pay higher wages and pay their taxes, and by such information to reduce the cost of distribution so that the spread between the cost to the consumer and the amount received by the producer will be reduced to the minimum absolutely necessary; and

(((8))) (h) To protect the general public by educating it in reference to the various varieties and grades of Washington apples, the time to use and consume each variety, and the uses to which each variety should be put.

(2) The history, economy, culture, and future of Washington state's agricultural industry involves the apple industry. In order to develop and promote apples and apple products as part of an existing comprehensive scheme to regulate those products, the legislature declares:

(a) That it is vital to the continued economic well-being of the citizens of this state and their general welfare that its apple and apple products be properly promoted by establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standards of and for apples and apple products; and by working to stabilize the apple industry and by increasing consumption of apples and apple products within the state, nation, and internationally;

(b) That apple producers operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the agricultural producer's ability to compete in local, domestic, and foreign markets;

(c) That it is in the overriding public interest that support for the apple industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities, and operations, and that apples and apple products be promoted individually, as well as part of a comprehensive promotion of the agricultural industry to:

(i) Enhance the reputation and image of Washington state's agricultural industry;

(ii) Increase the sale and use of apples and apple products in local, domestic, and foreign markets;

(iii) Protect the public and consumers by correcting any false or misleading information and by educating the public in reference to the quality, care, and methods used in the production of apples and apple products, and in reference to the various sizes, grades, and varieties of apples and the uses to which each should be put;

(iv) Increase the knowledge of the health-giving qualities and dietetic value of apple products; and

(v) Support and engage in programs or activities that benefit the production, handling, processing, marketing, and uses of apples and apple products;

(d) That the apple industry is a highly regulated industry and that this chapter and the rules adopted under it are only one aspect of the regulation of the industry. Other regulations and restraints applicable to the apple industry include:

(i) Washington agriculture general provisions, chapter 15.04 RCW;

(ii) Pests and diseases, chapter 15.08 RCW;

(iii) Standards of grades and packs, chapter 15.17 RCW;

(iv) Tree fruit research, chapter 15.26 RCW;

(v) Controlled atmosphere storage, chapter 15.30 RCW;

(vi) Higher education in agriculture, chapter 28.30 RCW;

(vii) Department of agriculture, chapter 43.23 RCW;

(viii) Fertilizers, minerals, and limes under chapter 15.54 RCW;

(ix) Organic food products act under chapter 15.86 RCW;

(x) Intrastate commerce in food, drugs, and cosmetics under chapter 69.04 RCW and rules;

(xi) Horticultural plants and facilities - inspection and licensing under chapter 15.13 RCW;

(xii) Planting stock under chapter 15.14 RCW;

(xiii) Washington pesticide control act under chapter 15.58 RCW;

(xiv) Farm marketing under chapter 15.64 RCW;

(xv) Insect pests and plant diseases under chapter 17.24 RCW;

(xvi) Weights and measures under chapter 19.94 RCW;

(xvii) Agricultural products - commission merchants, dealers, brokers, buyers, and agents under chapter 20.01 RCW; and

(xviii) The federal insecticide, fungicide, and rodenticide act under 7 U.S.C. Sec. 136; and

(e) That this chapter is in the exercise of the police powers of this state for the purposes of protecting the health, peace, safety, and general welfare of the people of this state.

Sec. 134. RCW 15.26.130 and 1969 c 129 s 13 are each amended to read as follows:

The Washington apple ((advertising)) commission and the Washington state fruit commission shall supply the director with a list of known producers subject to paying assessments to the respective commissions. The director, in addition, shall at the commission's cost compile a list of known tree fruit producers producing fruit not subject to assessments of the Washington apple ((advertising)) commission and the Washington state fruit commission but subject to assessments or becoming subject to assessments under the provisions of this chapter. In compiling such list the director shall publish notice to producers of such tree fruit, requiring them to file with the director a report giving the producer's name, mailing address and orchard location. The notice shall be published once a week for four consecutive weeks in weekly or daily newspapers of general circulation in the area or areas where such tree fruit is produced. All producer reports shall be filed with the director within twenty days from the date of last publication of notice or thirty days of mailing notice to producers of such tree fruit, whichever is later. The director shall for the purpose of conducting any referendum affecting tree fruits subject to the provisions of this chapter keep such list up to date when conducting such referendum. Every person who becomes a producer after ((said)) the list is compiled shall file with the director a similar report, giving his or her name, mailing address and orchard location. Such list shall be final and conclusive in conducting referendums and failure to notify a producer shall not be cause for the invalidation of any referendum.

Sec. 135. RCW 15.26.250 and 1969 c 129 s 25 are each amended to read as follows:

The Washington apple ((advertising)) commission and Washington state fruit commission in order to avoid unnecessary duplication of costs and efforts in collecting assessments for tree fruits at the time said commissions collect assessments due under the provisions of their acts may also collect the assessment due the commission on such tree fruit. Such assessments on winter pears may be collected by the Washington state fruit commission or in a manner prescribed by the commission. Assessments collected for the commission by the Washington ((state)) apple ((advertising)) commission and the Washington state fruit commission shall be forwarded to the commissions expeditiously. No fee shall be charged the commission for the collection of assessments because the research conducted by the commission shall be of direct benefit to all commercial growers of tree fruits in the state of Washington((: PROVIDED, That)). However, the commission shall reimburse at actual cost to the department or the Washington state fruit commission or apple commission any assessment collected for the commission by such agencies for any tree fruit subject to the provisions of this chapter, but not subject to pay assessments to the Washington state fruit commission or the Washington apple ((advertising)) commission."

Renumber the remaining section consecutively and correct the title.

Representatives Linville and Schoesler 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.

Representative Linville spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2688.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2688 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Ballasiotes, Gombosky, Hurst, and Mulliken - 4.

Engrossed Substitute House Bill No. 2688, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

If I had been present, I would have voted YEA on Engrossed Substitute House Bill No. 2688.

JOYCE MULLIKEN, 13^th District

HOUSE BILL NO. 2819, by Representatives Doumit, Buck, Hatfield and Linville

Addressing the uncertainty surrounding reversionary clauses contained in Bush and Callow act deeds.

The bill was read the second time. There being no objection, Substitute House Bill No. 2819 was substituted for House Bill No. 2819 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2819 was read the second time.

Representative Doumit moved the adoption of amendment (119):

On page 2, line 2, after "rights" insert "in shellfish cultivation"

On page 2, line 17, after "rights" insert "in shellfish cultivation"

Representatives Doumit and Buck spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Doumit moved the adoption of amendment (229):

On page 2, at the beginning of line 13, strike "tidelands for the harvest and cultivation of geoduck" and insert "lands for the harvest and cultivation of any species of shellfish"

On page 2, line 15, after "(3)" insert the following:

"For the purposes of this section, harvest and cultivation of any species of shellfish shall not be deemed to have commenced unless the subtidal portions of the land had been planted with that species of shellfish prior to December 31, 2001.

(4)"

On page 2, line 16, after "act" insert ", nor is anything other than what is stated in subsection(2) of this section intended to grant any further rights in the subtidal lands than what was originally included under the intent of the Bush and Callow acts"

Representatives Doumit and Buck 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 Doumit, Buck, Sump and Rockefeller spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2819

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2819 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Ballasiotes, Gombosky, Hurst, and Mulliken - 4.

Engrossed Substitute House Bill No. 2819, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

If I had been present, I would have voted YEA on Engrossed Substitute House Bill No. 2819.

JOYCE MULLIKEN, 13^th District

HOUSE BILL NO. 2321, by Representatives McDermott, Schmidt, Romero, Miloscia, Kessler, Mulliken, Benson, Alexander, Haigh, Holmquist and Edwards; by request of Public Disclosure Commission

Regarding penalties for violations of the public disclosure act.

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 McDermott, Schmidt and Romero spoke in favor of passage of the bill.

Representatives Lisk, Dunn and Cox spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of House Bill No. 2321.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2321 and the bill passed the House by the following vote: Yeas - 80, Nays - 15, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Barlean, Benson, Berkey, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chase, Cody, Conway, Cooper, Crouse, Darneille, DeBolt, Delvin, Dickerson, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fromhold, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Miloscia, Morell, Morris, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Veloria, Wood, Woods, and Mr. Speaker - 80.

Voting nay: Representatives Armstrong, Ballard, Boldt, Chandler, Clements, Cox, Doumit, Dunn, Fisher, Lisk, Mielke, Mitchell, Quall, Reardon, and Van Luven - 15.

Excused: Representatives Ballasiotes, Gombosky, and Mulliken - 3.

House Bill No. 2321, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2560, by Representatives Quall, O'Brien, Lovick, Mitchell, Clements, Sump, Simpson, Sehlin, Cooper, Delvin, Boldt, Morell, Kessler, Buck, Hankins, Fisher, Armstrong, Mielke, Rockefeller, Haigh, Nixon, Kenney and Jackley

Shifting approval of driver training schools from the superintendent of public instruction to the department of licensing.

The bill was read the second time. There being no objection, Substitute House Bill No. 2560 was substituted for House Bill No. 2560 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2560 was read the second time.

Representative Quall moved the adoption of amendment (140):

On page 4, line 15, after "licensing" strike "through" and insert "with the advice of"

Representative Quall 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 Quall, Hankins, Talcott and Clements spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2560.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2560 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 95.

Excused: Representatives Ballasiotes, Gombosky, and Mulliken - 3.

Engrossed Substitute House Bill No. 2560, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

If I had been present, I would have voted YEA on Engrossed Substitute House Bill No. 2560.

JOYCE MULLIKEN, 13^th District

HOUSE BILL NO. 2732, by Representatives Gombosky, Cairnes, Berkey, Nixon, Morris, Armstrong, Esser, Fromhold, Ogden, Conway, Hunt, Van Luven, Veloria, Romero, Reardon, Edwards, Chase, Morell, Santos, Kenney and Wood

Excluding government subsidized social welfare compensation from taxation.

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.

There being no objection, the House deferred action on House Bill No. 2732, and the bill held its place on the second reading calendar.

HOUSE BILL NO. 2486, by Representatives Jarrett, Simpson, Esser, Carrell, McMorris, McDermott, Cox, Romero and Lovick

Revising board of tax appeals provisions.

The bill was read the second time. There being no objection, Substitute House Bill No. 2486 was substituted for House Bill No. 2486 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2486 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 Jarrett and Simpson spoke in favor of passage of the bill.

There being no objection, Representative Ballard was excused.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2486.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2486 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 94.

Excused: Representatives Ballard, Ballasiotes, Gombosky, and Mulliken - 4.

Substitute House Bill No. 2486, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

If I had been present, I would have voted YEA on Substitute House Bill No. 2486.

JOYCE MULLIKEN, 13^th District

HOUSE BILL NO. 2511, by Representatives O'Brien, Ballasiotes, Schoesler, Kessler, Kirby, Santos, Benson, Edwards, Kenney, Chase, Lovick, Wood and Casada

Making any robbery within a financial institution a first degree robbery.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 2511 was substituted for House Bill No. 2511 and the second substitute bill was placed on the second reading calendar.

Second Substitute House Bill No. 2511 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 O'Brien, Hankins, Morell, Schoesler and Benson spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Second Substitute House Bill No. 2511.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2511 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

Excused: Representatives Ballard, Ballasiotes, Gombosky, and Mulliken - 4.

Second Substitute House Bill No. 2511, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

If I had been present, I would have voted YEA on Second Substitute House Bill No. 2511.

JOYCE MULLIKEN, 13^th District

RESOLUTION

HOUSE RESOLUTION NO. 2002-4708, by Representative Sullivan, Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Chopp, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood and Woods

WHEREAS, The people of the State of Washington celebrate CHILDREN as one of the most precious blessings our nation has ever been given; and

WHEREAS, The CHILDREN are the future of Washington State and should be encouraged to reach for the stars so that they become doctors, lawyers, teachers, social workers, or anything else they aspire to be; and

WHEREAS, It is our duty and privilege to instill in CHILDREN the faith, hope, charity, and integrity they need to continue the legacy of freedom, peace, and prosperity we have inherited from those who came before us; and

WHEREAS, The CHILDREN of the State of Washington should be cherished and given a positive and secure environment that can help develop their talents, temperament, minds, and character; and

WHEREAS, The CHILDREN of the State of Washington should know that their ideas and dreams are valued and respected because we take time to listen and encourage; and

WHEREAS, CHILDREN are the responsibility of their parents, and all the citizens of the State of Washington should help them by setting examples of what it means to be good neighbors, law-abiding citizens, productive workers, and helpful friends; and

WHEREAS, The CHILDREN of the State of Washington should have access to quality education, wholesome recreation, and a safe community; and

WHEREAS, The Washington State House of Representatives welcomes children to the Chamber every Presidents' Day so they may witness firsthand the legislative process; and

WHEREAS, The state has designated the second Sunday in October to commemorate the CHILDREN of the State of Washington;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives encourage all the citizens of Washington to celebrate children on Children's Day and throughout the year by spending more quality time with children and emphasizing their special place in our lives.

Representative Sullivan moved the adoption of the resolution.

Representatives Sullivan, Ruderman, Matson and Santos spoke in favor of the adoption of the resolution.

House Resolution No. 4708 was adopted.

THIRD READING

Excluding government subsidized social welfare compensation from taxation.

Representatives Gombosky and Cairnes spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of House Bill No. 2732.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2732 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 97.

Voting nay: Representative Sommers - 1.

House Bill No. 2732, having received the necessary constitutional majority, was declared passed.

There being no objection, the House reverted back to the sixth order of business.

SECOND READING

HOUSE BILL NO. 2750, by Representatives Gombosky, Nixon, Wood, Ballasiotes, Conway, Veloria, Ogden, Chase, Berkey, Skinner and Edwards

Revising the property taxation of art, scientific, or historical organizations.

The bill was read the second time. There being no objection, Substitute House Bill No. 2750 was substituted for House Bill No. 2750 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2750 was read the second time.

Representative Morris moved the adoption of amendment (161):

On page 1, after line 16, insert the following:

"NEW SECTION. Sec. 2. (1) The exemption for properties described in RCW 84.36.060(1) that are loaned or rented to any person, for-profit organization, or business enterprise not eligible for a tax exemption shall be determined by one or more of the methods in this section as appropriate.

(a) The portion of the property used for the nonexempt purpose may be segregated and taxed at one hundred percent of assessed value.

(b) If income from loans or rentals to nonexempt users does not exceed ten percent of gross income from all sources in a calendar year the property is exempt on one hundred percent of the assessed value.

(c) If income from loans or rentals to nonexempt users exceeds ten percent of gross income from all sources in a calendar year, the property is subject to taxation in an amount equal to the assessed value multiplied by the proportion of income from such loans or rentals to the gross income for all sources in any calendar year.

(2) As used in this section, "gross income from all sources" means all revenue received from any source including entrance or admittance fees, user fees, fund-raising events, sales or tickets to performing arts events, and rents or donation received as a result of the loan or rental of the property. Gross income from all sources does not include income from property that has been segregated under subsection (1)(a) of this section."

Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.

On page 2, line 26, after "provided in" strike "subsection (1)(c) of this section" and insert "section 2 of this act"

On page 3, beginning on line 5, after "subsection" strike all material through "value." on line 18 and insert ".))"

On page 5, line 27, after "under" strike "RCW 84.36.060(1)(c)" and insert "section 2 of this act"

On page 8, beginning on line 31, strike all of subsection (17) and insert the following:

"(17) All leasehold interests created in publicly owned real property used by nonprofit artistic, scientific, and historical organizations and nonprofit associations engaged in the production and performance of musical, dance, artistic, dramatic, or literary works that would be exempt from property tax under RCW 84.36.060(1) if they owned the property. If the publicly owned property is used for any taxable purpose, the leasehold excise taxes set forth in RCW 82.29A.030 and 82.29A.040 shall be imposed and apportioned consistent with the procedures in section 2 of this act."

Representatives Morris and Nixon spoke in favor of the adoption of the amendment.

The amendment was adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Gombosky and Nixon spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2750.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2750 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 98.

Engrossed Substitute House Bill No. 2750, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2754, by Representatives Lantz, Esser, Dickerson, Jarrett, Lysen and Kagi

Modifying mandatory arbitration provisions.

The bill was read the second time. There being no objection, Substitute House Bill No. 2754 was substituted for House Bill No. 2754 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2754 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 Lantz, Esser and Carrell spoke in favor of passage of the bill.

MOTION

On motion of Representative Woods, Representative Mulliken was excused.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2754.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2754 and the bill passed the House by the following vote: Yeas - 88, Nays - 9, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Talcott, Tokuda, Upthegrove, Veloria, Wood, Woods, and Mr. Speaker - 88.

Voting nay: Representatives Alexander, Ballard, DeBolt, Delvin, Dunn, Holmquist, Lisk, Sump, and Van Luven - 9.

Excused: Representative Mulliken - 1.

Substitute House Bill No. 2754, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

If I had been present, I would have voted NAY on Substitute House Bill No. 2754.

JOYCE MULLIKEN, 13^th District

STATEMENT FOR THE JOURNAL

I intended to vote NAY on Substitute House Bill No. 2754.

BRUCE CHANDLER, 15^th District

HOUSE BILL NO. 2782, by Representatives Doumit and Sommers

Implementing the results of the 1995-2000 actuarial experience study.

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 Sommers, Doumit, Cooper, Conway and Sommers (again)spoke in favor of passage of the bill.

Representatives Sehlin, Alexander, Delvin, Armstrong, Schoesler, Carrell, Buck, Talcott and Cox spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of House Bill No. 2782.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2782 and the bill passed the House by the following vote: Yeas - 50, Nays - 47, Absent - 0, Excused - 1.

Voting yea: Representatives Berkey, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, and Mr. Speaker - 50.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Jarrett, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven, and Woods - 47.

Excused: Representative Mulliken - 1.

House Bill No. 2782, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

If I had been present, I would have voted NAY on House Bill No. 2782.

JOYCE MULLIKEN, 13^th District

HOUSE BILL NO. 2817, by Representatives Lantz, Conway and Clements

Clarifying local government land use and zoning powers over gambling activities.

The bill was read the second time.

With the consent of the House, amendment (228) was withdrawn.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Lantz and Bush spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of House Bill No. 2817.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2817 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 97.

Excused: Representative Mulliken - 1.

House Bill No. 2817, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2360, by Representatives Conway, Campbell, Cody, Edwards, Wood and Schual-Berke

Regulating negotiations between health providers and health carriers.

The bill was read the second time. There being no objection, Substitute House Bill No. 2360 was substituted for House Bill No. 2360 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2360 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 Conway, Campbell and Cody spoke in favor of passage of the bill.

Representative Pflug spoke against passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2360.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2360 and the bill passed the House by the following vote: Yeas - 74, Nays - 24, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Ballasiotes, Benson, Berkey, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chase, Clements, Cody, Conway, Cooper, Cox, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McIntire, Mielke, Miloscia, Morell, Morris, Murray, O'Brien, Ogden, Pearson, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, and Mr. Speaker - 74.

Voting nay: Representatives Alexander, Anderson, Armstrong, Ballard, Barlean, Boldt, Chandler, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Holmquist, Lisk, McMorris, Mitchell, Mulliken, Nixon, Orcutt, Pflug, Schindler, Schoesler, and Woods - 24.

Substitute House Bill No. 2360, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2971, by Representatives Reardon, Pearson, Lovick, Cooper, Dunshee, Sehlin, Edwards, O'Brien and Sullivan

Establishing a business and occupation tax rate for certain FAR part 145 certificated repair stations.

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 Reardon, Pearson, Nixon, Cairnes, Schmidt, Morris, Cooper, Esser, Mastin, Morell, Conway, Morris (again) and Cairnes spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of House Bill No. 2971.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2971 and the bill passed the House by the following vote: Yeas - 91, Nays - 7, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sullivan, Sump, Talcott, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 91.

Voting nay: Representatives Dickerson, Doumit, Fisher, Kagi, Romero, Sommers, and Tokuda - 7.

House Bill No. 2971, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1324, By Representatives Conway, Campbell, Wood, Kenney and Hunt

Expanding membership of the electrical board by appointment of one outside line worker.

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 Conway, Wood, Cairnes and Van Luven spoke in favor of passage of the bill.

Representative Clements spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of House Bill No. 1324.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1324 and the bill passed the House by the following vote: Yeas - 80, Nays - 18, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Armstrong, Barlean, Benson, Berkey, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chase, Cody, Conway, Cooper, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Ericksen, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Miloscia, Mitchell, Morell, Morris, Murray, O'Brien, Ogden, Orcutt, Pearson, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, and Mr. Speaker - 80.

Voting nay: Representatives Anderson, Ballard, Ballasiotes, Boldt, Chandler, Clements, Cox, Dunn, Esser, Holmquist, Lisk, Mielke, Mulliken, Nixon, Pflug, Schoesler, Skinner, and Woods - 18.

House Bill No. 1324, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1411, by Representatives Veloria, Pennington, Cody, Campbell, Romero, Kenney, Keiser, Schual-Berke, Santos, Dunn, Linville, Boldt, Tokuda, Kagi, Cooper, McIntire and Rockefeller

Providing public notice of releases of hazardous substances.

The bill was read the second time. There being no objection, Substitute House Bill No. 1411 was substituted for House Bill No. 1411 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1411 was read the second time.

With the consent of the House, amendments ((179), (116), (180) and (117)) was withdrawn.

Representative Veloria moved the adoption of amendment (267):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 70.105D.010 and 1994 c 254 s 1 are each amended to read as follows:

(1) Each person has a fundamental and inalienable right to a healthful environment, and each person has a responsibility to preserve and enhance that right. The beneficial stewardship of the land, air, and waters of the state is a solemn obligation of the present generation for the benefit of future generations.

(2) A healthful environment is now threatened by the irresponsible use and disposal of hazardous substances. There are hundreds of hazardous waste sites in this state, and more will be created if current waste practices continue. Hazardous waste sites threaten the state's water resources, including those used for public drinking water. Many of our municipal landfills are current or potential hazardous waste sites and present serious threats to human health and environment. The costs of eliminating these threats in many cases are beyond the financial means of our local governments and ratepayers. The main purpose of chapter 2, Laws of 1989 is to raise sufficient funds to clean up all hazardous waste sites and to prevent the creation of future hazards due to improper disposal of toxic wastes into the state's land and waters.

(3) Many farmers and small business owners who have followed the law with respect to their uses of pesticides and other chemicals nonetheless may face devastating economic consequences because their uses have contaminated the environment or the water supplies of their neighbors. With a source of funds, the state may assist these farmers and business owners, as well as those persons who sustain damages, such as the loss of their drinking water supplies, as a result of the contamination.

(4) It is in the public's interest to efficiently use our finite land base, to integrate our land use planning policies with our clean-up policies, and to clean up and reuse contaminated industrial properties in order to minimize industrial development pressures on undeveloped land and to make clean land available for future social use.

(5) Because it is often difficult or impossible to allocate responsibility among persons liable for hazardous waste sites and because it is essential that sites be cleaned up well and expeditiously, each responsible person should be liable jointly and severally.

(6) Because releases of hazardous substances can adversely affect the health and welfare of the public, the environment, and property values, it is in the public interest that affected communities be notified of where releases of hazardous substances have occurred and what is being done to clean them up.

NEW SECTION. Sec. 2. A new section is added to chapter 70.105D RCW to read as follows:

(1) Except as provided in subsection (5) of this section, any owner or operator of a facility that is actively transitioning from operating under federal laws to operating under the provisions of this chapter, who has information that a hazardous substance has been released to the environment at the owner of operator's facility that may be a threat to human health or the environment, shall issue a notice to the department within ninety days. The notice shall include a description of any remedial actions planned, completed, or underway.

(2) The notice must be posted in a visible, publicly accessible location on the facility, to remain in place until all remedial actions except confirmational monitoring are complete.

(3) After receiving the notice from the facility, the department must review the notice and mail a summary of its contents, along with any additional information deemed appropriate by the department, to:

(a) Each residence and landowner of a residence whose property boundary is within three hundred feet of the boundary of the property where the release occurred or if the release occurred from a pipeline or other facility that does not have a property boundary, within three hundred feet of the actual release;

(b) Each business and landowner of a business whose property boundary is within three hundred feet of the boundary of the property where the release occurred;

(c) Each residence, landowner of a residence, and business with a property boundary within the area where hazardous substances have come to be located as a result of the release;

(d) Neighborhood associations and community organizations representing an area within one mile of the facility and recognized by the city or county with jurisdiction within this area;

(e) The city, county, and local health district with jurisdiction within the areas described in (a), (b), and (c) of this subsection; and

(f) The department of health.

(4) A notice produced by a facility shall provide the following information:

(a) The common name of any hazardous substances released and, if available, the chemical abstract service registry number of these substances;

(b) The address of the facility where the release occurred;

(d) The cause and date of the release, if known;

(e) The remedial actions being taken or planned to address the release;

(f) The potential health and environmental effects of the hazardous substances released; and

(g) The name, address, and telephone number of a contact person at the facility where the release occurred.

(5) The following releases are exempt from the notification requirements in this section:

(a) Application of pesticides and fertilizers for their intended purposes and according to label instructions;

(b) The lawful and nonnegligent use of hazardous household substances by a natural person for personal or domestic purposes;

(d) De minimis amounts of any hazardous substance leaked or discharged onto the ground;

(e) The discharge of hazardous substances to a permitted waste water treatment facility or from a permitted waste water collection system or treatment facility as allowed by a facility's discharge permit;

(f) Any releases originating from a single-family or multifamily residence, including but not limited to the discharge of oil from a residential home heating oil tank with the capacity of five hundred gallons or less;

(g) Any spill on a public road, street, or highway or to surface waters of the state that has previously been reported to the United States coast guard and the state division of emergency management under chapter 90.56 RCW;

(h) Any release of hazardous substances to the air;

(i) Any release that occurs on agricultural land, including land used to grow trees for the commercial production of wood or wood fiber, that is at least five acres in size, when the effects of the release do not come within three hundred feet of any property boundary. For the purposes of this subsection, agricultural land includes incidental uses that are compatible with agricultural or silvicultural purposes, including, but not limited to, land used for the housing of the owner, operator, or employees, structures used for the storage or repair of equipment, machinery, and chemicals, and any paths or roads on the land; and

(j) Releases that, before the effective date of this section, have been previously reported to the department, or remediated in compliance with a settlement agreement under RCW 70.105D.040(4) or enforcement order or agreed order issued under this chapter or have been the subject of an opinion from the department under RCW 70.105D.030(1)(i) that no further remedial action is required.

An exemption from the notification requirements of this section does not exempt the owner or operator of a facility from any other notification or reporting requirements, or imply a release from liability under this chapter.

(6) If a significant segment of the community to be notified speaks a language other than English, an appropriate translation of the notice must also be posted and mailed to the department in accordance with the requirements of this section.

(7) The facility where the release occurred is responsible for reimbursing the department within thirty days for the actual costs associated with the production and mailing of the notices under this section.

Sec. 3. RCW 70.105D.030 and 2001 c 291 s 401 are each amended to read as follows:

(1) The department may exercise the following powers in addition to any other powers granted by law:

(a) Investigate, provide for investigating, or require potentially liable persons to investigate any releases or threatened releases of hazardous substances, including but not limited to inspecting, sampling, or testing to determine the nature or extent of any release or threatened release. If there is a reasonable basis to believe that a release or threatened release of a hazardous substance may exist, the department's authorized employees, agents, or contractors may enter upon any property and conduct investigations. The department shall give reasonable notice before entering property unless an emergency prevents such notice. The department may by subpoena require the attendance or testimony of witnesses and the production of documents or other information that the department deems necessary;

(b) Conduct, provide for conducting, or require potentially liable persons to conduct remedial actions (including investigations under (a) of this subsection) to remedy releases or threatened releases of hazardous substances. In carrying out such powers, the department's authorized employees, agents, or contractors may enter upon property. The department shall give reasonable notice before entering property unless an emergency prevents such notice. In conducting, providing for, or requiring remedial action, the department shall give preference to permanent solutions to the maximum extent practicable and shall provide for or require adequate monitoring to ensure the effectiveness of the remedial action;

(c) Indemnify contractors retained by the department for carrying out investigations and remedial actions, but not for any contractor's reckless or wilful misconduct;

(d) Carry out all state programs authorized under the federal cleanup law and the federal resource, conservation, and recovery act, 42 U.S.C. Sec. 6901 et seq., as amended;

(e) Classify substances as hazardous substances for purposes of RCW 70.105D.020(7) and classify substances and products as hazardous substances for purposes of RCW 82.21.020(1);

(f) Issue orders or enter into consent decrees or agreed orders that include, or issue written opinions under (i) of this subsection that may be conditioned upon, deed restrictions where necessary to protect human health and the environment from a release or threatened release of a hazardous substance from a facility. Prior to establishing a deed restriction under this subsection, the department shall notify and seek comment from a city or county department with land use planning authority for real property subject to a deed restriction;

(g) Enforce the application of permanent and effective institutional controls that are necessary for a remedial action to be protective of human health and the environment and the notification requirements established in section 2 of this act, and impose penalties for violations of that section consistent with RCW 70.105D.050;

(h) Require holders to conduct remedial actions necessary to abate an imminent or substantial endangerment pursuant to RCW 70.105D.020(12)(b)(ii)(C);

(i) Provide informal advice and assistance to persons regarding the administrative and technical requirements of this chapter. This may include site-specific advice to persons who are conducting or otherwise interested in independent remedial actions. Any such advice or assistance shall be advisory only, and shall not be binding on the department. As a part of providing this advice and assistance for independent remedial actions, the department may prepare written opinions regarding whether the independent remedial actions or proposals for those actions meet the substantive requirements of this chapter or whether the department believes further remedial action is necessary at the facility. The department may collect, from persons requesting advice and assistance, the costs incurred by the department in providing such advice and assistance; however, the department shall, where appropriate, waive collection of costs in order to provide an appropriate level of technical assistance in support of public participation. The state, the department, and officers and employees of the state are immune from all liability, and no cause of action of any nature may arise from any act or omission in providing, or failing to provide, informal advice and assistance; and

(j) Take any other actions necessary to carry out the provisions of this chapter, including the power to adopt rules under chapter 34.05 RCW.

(2) The department shall immediately implement all provisions of this chapter to the maximum extent practicable, including investigative and remedial actions where appropriate. The department shall adopt, and thereafter enforce, rules under chapter 34.05 RCW to:

(a) Provide for public participation, including at least (i) public notice of the development of investigative plans or remedial plans for releases or threatened releases and (ii) concurrent public notice of all compliance orders, agreed orders, enforcement orders, or notices of violation;

(b) Establish a hazard ranking system for hazardous waste sites;

(c) Provide for requiring the reporting by an owner or operator of releases of hazardous substances to the environment that may be a threat to human health or the environment within ninety days of discovery, including such exemptions from reporting as the department deems appropriate, however this requirement shall not modify any existing requirements provided for under other laws;

(d) Establish reasonable deadlines not to exceed ninety days for initiating an investigation of a hazardous waste site after the department receives notice or otherwise receives information that the site may pose a threat to human health or the environment and other reasonable deadlines for remedying releases or threatened releases at the site;

(e) Publish and periodically update minimum cleanup standards for remedial actions at least as stringent as the cleanup standards under section 121 of the federal cleanup law, 42 U.S.C. Sec. 9621, and at least as stringent as all applicable state and federal laws, including health-based standards under state and federal law; and

(f) Apply industrial clean-up standards at industrial properties. Rules adopted under this subsection shall ensure that industrial properties cleaned up to industrial standards cannot be converted to nonindustrial uses without approval from the department. The department may require that a property cleaned up to industrial standards is cleaned up to a more stringent applicable standard as a condition of conversion to a nonindustrial use. Industrial clean-up standards may not be applied to industrial properties where hazardous substances remaining at the property after remedial action pose a threat to human health or the environment in adjacent nonindustrial areas.

(3) Before November 1st of each even-numbered year, the department shall develop, with public notice and hearing, and submit to the ways and means and appropriate standing environmental committees of the senate and house of representatives a ranked list of projects and expenditures recommended for appropriation from both the state and local toxics control accounts. The department shall also provide the legislature and the public each year with an accounting of the department's activities supported by appropriations from the state toxics control account, including a list of known hazardous waste sites and their hazard rankings, actions taken and planned at each site, how the department is meeting its top two management priorities under RCW 70.105.150, and all funds expended under this chapter.

(4) The department shall establish a scientific advisory board to render advice to the department with respect to the hazard ranking system, cleanup standards, remedial actions, deadlines for remedial actions, monitoring, the classification of substances as hazardous substances for purposes of RCW 70.105D.020(7) and the classification of substances or products as hazardous substances for purposes of RCW 82.21.020(1). The board shall consist of five independent members to serve staggered three-year terms. No members may be employees of the department. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(5) The department shall establish a program to identify potential hazardous waste sites and to encourage persons to provide information about hazardous waste sites.

Sec. 4. RCW 70.105D.050 and 1994 c 257 s 12 are each amended to read as follows:

(1) With respect to any release, or threatened release, for which the department does not conduct or contract for conducting remedial action and for which the department believes remedial action is in the public interest, the director shall issue orders or agreed orders requiring potentially liable persons to provide the remedial action. Any liable person who refuses, without sufficient cause, to comply with an order or agreed order of the director is liable in an action brought by the attorney general for:

(a) Up to three times the amount of any costs incurred by the state as a result of the party's refusal to comply; and

(b) A civil penalty of up to twenty-five thousand dollars for each day the party refuses to comply.

The treble damages and civil penalty under this subsection apply to all recovery actions filed on or after March 1, 1989.

(2) Any person who incurs costs complying with an order issued under subsection (1) of this section may petition the department for reimbursement of those costs. If the department refuses to grant reimbursement, the person may within thirty days thereafter file suit and recover costs by proving that he or she was not a liable person under RCW 70.105D.040 and that the costs incurred were reasonable.

(3) The attorney general shall seek, by filing an action if necessary, to recover the amounts spent by the department for investigative and remedial actions and orders, and agreed orders, including amounts spent prior to March 1, 1989.

(4) The attorney general may bring an action to secure such relief as is necessary to protect human health and the environment under this chapter.

(5)(a) Any person may commence a civil action to compel the department to perform any nondiscretionary duty under this chapter. At least thirty days before commencing the action, the person must give notice of intent to sue, unless a substantial endangerment exists. The court may award attorneys' fees and other costs to the prevailing party in the action.

(b) Civil actions under this section and RCW 70.105D.060 may be brought in the superior court of Thurston county or of the county in which the release or threatened release exists.

(6) Any person who fails to provide notification of releases consistent with section 2 of this act or who submits false information is liable in an action brought by the attorney general for a civil penalty of up to five thousand dollars per day for each day the party refuses to comply.

NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 6. Sections 2 through 4 of this act take effect January 1, 2003."

Correct the title.

Representatives Veloria and Schoesler 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 Linville, Schoesler and Veloria spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1411.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1411 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lisk, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 98.

Engrossed Substitute House Bill No. 1411, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2305, by Representatives Hatfield, Doumit, Kessler, Grant, Kirby, Edwards and Linville

Clarifying the application of shoreline master program guidelines and master programs to agricultural activities on agricultural lands.

The bill was read the second time. There being no objection, Substitute House Bill No. 2305 was substituted for House Bill No. 2305 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2305 was read the second time.

With the consent of the House, amendments (115) and (164) were withdrawn.

Representative Mulliken moved the adoption of amendment (221):

On page 2, beginning on line 1, after "(iv)." strike all material through "36.70A.060." on line 2 and insert "This section applies only to this chapter."

On page 3, after line 3, strike section 2 and insert the following:

"NEW SECTION. Sec. 2. The provisions of this act do not become effective until the earlier of either January 1, 2004, or the date the department of ecology amends or updates chapter 173-16 or 173-26 WAC."

Representatives Mulliken and Hatfield spoke in favor of the adoption of the amendment.

Representative Dunshee spoke against the adoption of the amendment.

An electronic roll call vote was demanded and the demand was sustained.

The Speaker stated the question before the House to be adoption of amendment (221) to Substitute House Bill No. 2305.

ROLL CALL

The Clerk called the roll on the adoption of amendment (221) to Substitute House Bill No. 2305, and the amendment was adopted by the following vote: Yeas - 51, Nays - 47, Absent - 0, Excused - 0, Not Voting - 0.

Voting yea: Representatives Ahern, Alexander, Armstrong, Ballard, Ballasiotes, Barlean, Berkey, Boldt, Buck, Bush, Campbell, Carrell, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Doumit, Dunn, Eickmeyer, Ericksen, Grant, Haigh, Hankins, Hatfield, Holmquist, Kessler, Kirby, Linville, Lisk, Mastin, McMorris, Mielke, Morris, Mulliken, O'Brien, Ogden, Orcutt, Pearson, Quall, Roach, Santos, Schindler, Schoesler, Sehlin, Skinner, Sullivan, Sump, Talcott, and Woods - 51.

Voting nay: Representatives Anderson, Benson, Cairnes, Casada, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Esser, Fisher, Fromhold, Gombosky, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Lantz, Lovick, Lysen, McDermott, McIntire, Miloscia, Mitchell, Morell, Murray, Nixon, Pflug, Reardon, Rockefeller, Romero, Ruderman, Schmidt, Schual-Berke, Simpson, Sommers, Tokuda, Upthegrove, Van Luven, Veloria, Wood, and Mr. Speaker - 47.

Representative Dunshee moved the adoption of amendment (291):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 90.58 RCW to read as follows:

(1) The guidelines adopted by the department and master programs developed or amended by local governments according to RCW 90.58.080 shall not require modification of or limit agricultural activities occurring on agricultural lands. In jurisdictions where agricultural activities occur, master programs developed or amended after the effective date of this act shall include provisions addressing new agricultural activities on land not meeting the definition of agricultural land, conversion of agricultural lands to other uses, and development not meeting the definition of agricultural activities. Nothing in this section limits or changes the terms of the current exception to the definition of substantial development in RCW 90.58.030(3)(e)(iv). This section applies only to this chapter and does not limit any other authority a city or county may have.

(2) For the purposes of this section:

(a) "Agricultural activities" means agricultural uses and practices including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation;

(b) "Agricultural products" includes but is not limited to horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty years of planting; and livestock including both the animals themselves and animal products including but not limited to meat, upland finfish, poultry and poultry products, and dairy products;

(c) "Agricultural equipment" and "agricultural facilities" includes, but is not limited to: (i) The following used in agricultural operations: Equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including but not limited to pumps, pipes, tapes, canals, ditches, and drains; (ii) corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; (iii) farm residences and associated equipment, lands, and facilities; and (iv) roadside stands and on-farm markets for marketing fruit or vegetables; and

(d) "Agricultural land" means those specific land areas on which agriculture activities are conducted.

(3) The department and local governments shall assure that local shoreline master programs use definitions consistent with the definitions in this section.

NEW SECTION. Sec. 2. The provisions of this act do not become effective until the adopted guidelines for local government shoreline master programs become effective."

Representative Dunshee spoke in favor of the adoption of the amendment.

Representatives Mulliken and Hatfield spoke against the adoption of the amendment.

The amendment was adopted.

An electronic roll call vote was demanded and the demand was sustained.

The Speaker stated the question before the House to be adoption of amendment (291) to Substitute House Bill No. 2305.

ROLL CALL

The Clerk called the roll on the adoption of amendment (291) to Substitute House Bill No. 2305, and the amendment was not adopted by the following vote: Yeas - 40, Nays - 58, Absent - 0, Excused - 0.

Voting yea: Representatives Chase, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Haigh, Hunt, Hurst, Jackley, Kagi, Kenney, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Murray, Reardon, Rockefeller, Romero, Ruderman, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, and Mr. Speaker - 40.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Doumit, Dunn, Ericksen, Esser, Grant, Hankins, Hatfield, Holmquist, Jarrett, Kessler, Lisk, Mastin, McMorris, Mielke, Mitchell, Morell, Morris, Mulliken, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Roach, Santos, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven, and Woods - 58.

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.

COLLOQUY

Representative Hatfield:

Representative Mulliken:

Representatives Hatfield, Mulliken, Clements, Morris, DeBolt, Linville, Doumit, Mastin and Buck spoke in favor of passage of the bill.

Representative Dunshee spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2305.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2305 and the bill passed the House by the following vote: Yeas - 73, Nays - 25, Absent - 0, Excused - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Conway, Cox, Crouse, DeBolt, Delvin, Doumit, Dunn, Eickmeyer, Ericksen, Esser, Fromhold, Grant, Haigh, Hankins, Hatfield, Holmquist, Hurst, Jackley, Jarrett, Kessler, Kirby, Linville, Lisk, Lovick, Mastin, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Santos, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sommers, Sullivan, Sump, Talcott, Van Luven, Woods, and Mr. Speaker - 73.

Voting nay: Representatives Chase, Cody, Cooper, Darneille, Dickerson, Dunshee, Edwards, Fisher, Gombosky, Hunt, Kagi, Kenney, Lantz, Lysen, McDermott, McIntire, Rockefeller, Romero, Ruderman, Schual-Berke, Simpson, Tokuda, Upthegrove, Veloria, and Wood - 25.

Engrossed Substitute House Bill No. 2305, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2376, by Representatives Rockefeller, Doumit, Eickmeyer, Dickerson, Hunt, Lantz, Edwards, Romero, Haigh, McDermott and Jackley

Concerning abandoned and derelict waterborne vessels.

The bill was read the second time. There being no objection, Substitute House Bill No. 2376 was substituted for House Bill No. 2376 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2376 was read the second time.

Representative Sump moved the adoption of amendment (257):

On page 6, line 18, after "within" strike "ten" and insert "twenty"

Representatives Sump and Rockefeller 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 Rockefeller and Sump spoke in favor of passage of the bill.

There being no objection, Representative Lisk was excused.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2376.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2376 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Engrossed Substitute House Bill No. 2376, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2604, by Representatives Clements, Conway, McMorris and Wood

Modifying new and successor unemployment contribution rates.

The bill was read the second time. There being no objection, Substitute House Bill No. 2604 was substituted for House Bill No. 2604 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2604 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 Conway and Wood spoke in favor of passage of the bill.

Representatives Clement, DeBolt and Chandler spoke against passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2604.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2604 and the bill passed the House by the following vote: Yeas - 53, Nays - 44, Absent - 0, Excused - 1.

Voting yea: Representatives Ballasiotes, Berkey, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Van Luven, Veloria, Wood, and Mr. Speaker - 53.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, and Woods - 44.

Excused: Representative Lisk - 1.

Substitute House Bill No. 2604, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2699, by Representatives Lantz, Ahern, Benson, Crouse, Morell, Miloscia, Schindler, Dunshee and Esser

Providing immunity for communications with government agencies and self-regulatory organizations.

The bill was read the second time. There being no objection, Substitute House Bill No. 2699 was substituted for House Bill No. 2699 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2699 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 Lantz, Ahern and Benson spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2699.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2699 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Substitute House Bill No. 2699, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2707, by Representatives Edwards, Skinner, Cody and Schual-Berke

Modifying the commencement date for long-term caregiver training.

The bill was read the second time. There being no objection, Substitute House Bill No. 2707 was substituted for House Bill No. 2707 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2707 was read the second time.

Representative Skinner moved the adoption of amendment (314):

Beginning on page 2, line 23, after "(5)" strike all material through "(7)" on page 3, line 18 and insert "For boarding homes that serve residents with special needs such as dementia, developmental disabilities, or mental illness, specialty training is required of administrators, or designees, and caregivers. Specialty training consists of modules on the core knowledge and skills that caregivers need to effectively and safely provide care to residents with special needs. Specialty training should be integrated into basic training wherever appropriate. Specialty training must be outcome-based, and the effectiveness of the specialty training measured by demonstrated competency in the core specialty areas through the use of a competency test. Specialty training must be completed by caregivers within one hundred twenty days of the date on which they begin to provide hands-on care to a resident having special needs or within one hundred twenty days of ((March)) September 1, 2002, whichever is later. However, if specialty training is not integrated with basic training, the specialty training must be completed within ninety days of completion of basic training. Until competency in the core specialty areas has been demonstrated, caregivers shall not provide hands-on personal care to residents with special needs without direct supervision. Boarding home administrators, or their designees, must complete specialty training and demonstrate competency within one hundred twenty days of ((March)) September 1, 2002, or one hundred twenty days from the date on which the administrator or his or her designee is hired, whichever is later, if the boarding home serves one or more residents with special needs.

(6)"

Renumber the remaining subsections consecutively and correct any internal references accordingly.

Representatives Skinner and Cody spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Skinner moved the adoption of amendment (315):

On page 4, beginning on line 29, after "2002, or" strike all material through "materials" on line 31, and insert "one hundred twenty days from the date of employment"

Representative Skinner 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 Edwards, Skinner and Morell spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2707.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2707 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Engrossed Substitute House Bill No. 2707, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2744, by Representatives Murray, Esser, Lantz, Hankins, Ogden, Woods, Hunt, Ballasiotes, O'Brien, Veloria, Lovick, Reardon, Edwards, Dickerson, Jackley, Lysen, Chase, Upthegrove, Conway and Santos

Creating a competitive grant program for nonprofit youth organizations.

The bill was read the second time. There being no objection, Substitute House Bill No. 2744 was substituted for House Bill No. 2744 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2744 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 Murray, Esser, Ogden and Murray (again) spoke in favor of passage of the bill.

Representatives Alexander, Armstrong and Schoesler spoke against passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2744.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2744 and the bill passed the House by the following vote: Yeas - 64, Nays - 33, Absent - 0, Excused - 1.

Voting yea: Representatives Ballasiotes, Barlean, Berkey, Buck, Cairnes, Campbell, Casada, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morell, Morris, Murray, Nixon, O'Brien, Ogden, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Van Luven, Veloria, Wood, and Mr. Speaker - 64.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Benson, Boldt, Bush, Carrell, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Hankins, Holmquist, Mastin, McMorris, Mielke, Mitchell, Mulliken, Orcutt, Pearson, Pflug, Schindler, Schoesler, Sehlin, Skinner, Sump, Talcott, and Woods - 33.

Excused: Representative Lisk - 1.

Substitute House Bill No. 2744, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2891, by Representatives Sommers, Sullivan, Simpson, Cooper, O'Brien, Chase, Conway, Santos, Ogden, Casada and Morell

Determining which fire fighters or law enforcement officers may elect or be elected to certain pension and disability boards.

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 Sommers and Sehlin spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of House Bill No. 2891.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2891 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

House Bill No. 2891, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1474, by Representatives Van Luven, Veloria, Fromhold, Dunn, Eickmeyer, Kessler, Kenney, Schmidt, Edmonds, Ogden and Santos; by request of Governor Locke

Splitting the department of community, trade, and economic development and reestablishing the department of community development and the department of trade and economic development.

The bill was read the second time. There being no objection, Substitute House Bill No. 1474 was substituted for House Bill No. 1474 and the substitute bill was placed on the second reading calendar.

The Speaker announced that House Bill No. 1474 was co-prime sponsored by Representatives Van Luven and Veloria.

Substitute House Bill No. 1474 was read the second time.

With the consent of the House, amendment (208) was withdrawn.

Representative Morris moved the adoption of amendment (268):

On page 6, after line 16, insert the following:

"(5) The director shall not reduce direct payments to providers, grants to other entities, or other pass-thru funds in order to pay costs associated with implementing this act. This subsection applies to all funds appropriated by the legislature and is not limited to funds appropriated specifically for designated programs or purposes. This subsection expires on July 1, 2003."

Renumber the remaining subsections consecutively and correct internal references accordingly.

On page 23, after line 21, insert the following:

Renumber the remaining subsections consecutively, correct internal references accordingly, and correct the title.

Representative Morris spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Alexander moved the adoption of amendment (148):

On page 230, after line 6, insert the following:

"NEW SECTION. Sec. 904. If a minimum total biennial appropriation of $2,800,000 is not provided for purposes of this act by June 30, 2002, referencing this act by bill or chapter number, in the omnibus appropriations act, this act is null and void."

Correct the title and renumber sections consecutively

Representatives Alexander and Cox spoke in favor of the adoption of the amendment.

Representatives Doumit, Van Luven and Morris spoke against the adoption of the amendment.

An electronic roll call vote was demanded and the demand was sustained.

The Speaker stated the question before the House to be adoption of amendment (148) to Engrossed Substitute House Bill No. 1474.

ROLL CALL

The Clerk called the roll on the adoption of amendment (148) to Engrossed Substitute House Bill No. 1474, and the amendment was not adopted by the following vote: Yeas - 45, Nays - 52, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Ericksen, Esser, Holmquist, Jarrett, Lantz, Lysen, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schoesler, Sehlin, Skinner, Sump, Talcott, and Woods - 45.

Voting nay: Representatives Berkey, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Linville, Lovick, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Van Luven, Veloria, Wood, and Mr. Speaker - 52.

Excused: Representative Lisk - 1.

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 Van Luven, Veloria and Sommers spoke in favor of passage of the bill.

Representatives Mastin, Sehlin, Schoesler and Cairnes spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1474.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1474 and the bill passed the House by the following vote: Yeas - 54, Nays - 43, Absent - 0, Excused - 1.

Voting yea: Representatives Berkey, Campbell, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Mitchell, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Sommers, Sullivan, Tokuda, Upthegrove, Van Luven, Veloria, Wood, and Mr. Speaker - 54.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Ericksen, Esser, Hankins, Holmquist, Mastin, McMorris, Mielke, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Simpson, Skinner, Sump, Talcott, and Woods - 43.

Excused: Representative Lisk - 1.

Engrossed Substitute House Bill No. 1474, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2563, by Representatives Miloscia, O'Brien, Kirby, Kessler, Haigh and McIntire

Creating the governor's performance audit standards and scorecard commission.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 2563 was substituted for House Bill No. 2563 and the second substitute bill was placed on the second reading calendar.

Second Substitute House Bill No. 2563 was read the second time.

Representative Mastin moved the adoption of amendment (156):

On page 1, line 13, after "office of" strike "financial management" and insert "the state auditor"

On page 1, at the beginning of line 17, strike "The office of financial management" and insert "The state auditor"

On page 1, line 17, after "with the" strike "governor’s"

On page 1, line 18, after "commission" insert ","

On page 2, after line 4 insert:

"Subject to the availability of amounts appropriated for this specific purpose:"

On page 2, line 5, after "(1)" strike "The director of financial management" and insert "The state auditor"

On page 2, line 9, after "(2)" strike "The office of financial management" and insert "The state auditor"

On page 2, beginning on line 12, strike "office of financial management" and insert "office of the state auditor"

On page 2, line 14, after "with the" strike "governor’s"

On page 2, line 15, after "the" strike "office of financial management" and insert "state auditor"

On page 2, line 18, after "including" insert "institutions of"

On page 2, line 19, after "(4) The" strike "director of financial management" and insert "state auditor"

On page 2, line 25, after "(5)" strike all material through "education." on line 28 and insert "The state auditor, in consultation with the performance audit standards and scorecard commission and the office of financial management, shall collect, disseminate, and share best practices to all state agencies and institutions of higher education."

On page 2, line 29, after "(6) The" strike "director of financial management" and insert "state auditor"

On page 2, beginning on line 30, strike "governor’s"

On page 2, line 36, after "The" strike "governor’s"

On page 3, line 5, after "The" insert "state auditor and the"

On page 3, line 15, after "The" strike "governor’s"

On page 3, line 16, after "shall" insert ", subject to the availability of amounts appropriated for this specific purpose"

On page 3, line 22, after "The" strike "governor’s"

On page 3, line 26, after "Advise the" strike "governor and the director of financial management" and insert "state auditor"

On page 3, line 28, after "the" strike "director of financial management" and insert "state auditor"

On page 3, line 33, after "redundancies" strike "resulting in" and insert "in order to achieve"

On page 4, beginning on line 10, strike all of section 6

Correct the title.

Representatives Mastin, Alexander, Anderson, Boldt, Ballard, Schindler, Sehlin and Benson spoke in favor of the adoption of the amendment.

Representatives Miloscia and Romero spoke against the adoption of the amendment.

An electronic roll call vote was demanded and the demand was sustained.

The Speaker stated the question before the House to be adoption of amendment (156) to Second Substitute House Bill No. 2563.

ROLL CALL

The Clerk called the roll on the adoption of amendment (156) to Second Substitute House Bill No. 2563, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 50, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Jarrett, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven, and Woods - 47.

Voting nay: Representatives Berkey, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, and Mr. Speaker - 50.

Excused: Representative Lisk - 1.

Representative Ogden moved the adoption of amendment (300):

On page 4, after line 9, insert the following:

"NEW SECTION. Sec. 6. (1) A pilot performance audit of the department of agriculture is authorized to be performed in the 01-03 biennium by the state auditor. In conducting the performance audit, the office of the state auditor shall work in cooperation with the office of financial management and state agency personnel. The state auditor shall use the guidelines for a performance audit contained in RCW 44.28.075.

(2) The performance audit of the department of agriculture by the state auditor shall be completed by December 31, 2002 and shall be presented to the appropriate policy and fiscal committees of the legislature. The state auditor shall include in the report to the legislature information on the staffing, time, and cost used by the office of the state auditor to complete the performance audit of the Department of Agriculture. This section shall expire June 30, 2003.

Sec. 7. RCW 43.88.160 and 1998 c 135 s 1 are each amended to read as follows:

This section sets forth the major fiscal duties and responsibilities of officers and agencies of the executive branch. The regulations issued by the governor pursuant to this chapter shall provide for a comprehensive, orderly basis for fiscal management and control, including efficient accounting and reporting therefor, for the executive branch of the state government and may include, in addition, such requirements as will generally promote more efficient public management in the state.

(1) Governor; director of financial management. The governor, through the director of financial management, shall devise and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of the state shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and reports of all financial affairs of the state. The system shall also provide for central accounts in the office of financial management at the level of detail deemed necessary by the director to perform central financial management. The director of financial management shall adopt and periodically update an accounting procedures manual. Any agency maintaining its own accounting and reporting system shall comply with the updated accounting procedures manual and the rules of the director adopted under this chapter. An agency may receive a waiver from complying with this requirement if the waiver is approved by the director. Waivers expire at the end of the fiscal biennium for which they are granted. The director shall forward notice of waivers granted to the appropriate legislative fiscal committees. The director of financial management may require such financial, statistical, and other reports as the director deems necessary from all agencies covering any period.

(2) Except as provided in chapter 43.88C RCW, the director of financial management is responsible for quarterly reporting of primary operating budget drivers such as applicable workloads, caseload estimates, and appropriate unit cost data. These reports shall be transmitted to the legislative fiscal committees or by electronic means to the legislative evaluation and accountability program committee. Quarterly reports shall include actual monthly data and the variance between actual and estimated data to date. The reports shall also include estimates of these items for the remainder of the budget period.

(3) The director of financial management shall report at least annually to the appropriate legislative committees regarding the status of all appropriated capital projects, including transportation projects, showing significant cost overruns or underruns. If funds are shifted from one project to another, the office of financial management shall also reflect this in the annual variance report. Once a project is complete, the report shall provide a final summary showing estimated start and completion dates of each project phase compared to actual dates, estimated costs of each project phase compared to actual costs, and whether or not there are any outstanding liabilities or unsettled claims at the time of completion.

(4) In addition, the director of financial management, as agent of the governor, shall:

(a) Develop and maintain a system of internal controls and internal audits comprising methods and procedures to be adopted by each agency that will safeguard its assets, check the accuracy and reliability of its accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies for accounting and financial controls. The system developed by the director shall include criteria for determining the scope and comprehensiveness of internal controls required by classes of agencies, depending on the level of resources at risk.

Each agency head or authorized designee shall be assigned the responsibility and authority for establishing and maintaining internal audits following the standards of internal auditing of the institute of internal auditors;

(b) Make surveys and analyses of agencies with the object of determining better methods and increased effectiveness in the use of manpower and materials; and the director shall authorize expenditures for employee training to the end that the state may benefit from training facilities made available to state employees;

(d) Report to the governor with regard to duplication of effort or lack of coordination among agencies;

(e) Review any pay and classification plans, and changes thereunder, developed by any agency for their fiscal impact: PROVIDED, That none of the provisions of this subsection shall affect merit systems of personnel management now existing or hereafter established by statute relating to the fixing of qualifications requirements for recruitment, appointment, or promotion of employees of any agency. The director shall advise and confer with agencies including appropriate standing committees of the legislature as may be designated by the speaker of the house and the president of the senate regarding the fiscal impact of such plans and may amend or alter said plans, except that for the following agencies no amendment or alteration of said plans may be made without the approval of the agency concerned: Agencies headed by elective officials;

(f) Fix the number and classes of positions or authorized man years of employment for each agency and during the fiscal period amend the determinations previously fixed by the director except that the director shall not be empowered to fix said number or said classes for the following: Agencies headed by elective officials;

(g) Adopt rules to effectuate provisions contained in (a) through (f) of this subsection.

(5) The treasurer shall:

(a) Receive, keep, and disburse all public funds of the state not expressly required by law to be received, kept, and disbursed by some other persons: PROVIDED, That this subsection shall not apply to those public funds of the institutions of higher learning which are not subject to appropriation;

(b) Receive, disburse, or transfer public funds under the treasurer's supervision or custody;

(c) Keep a correct and current account of all moneys received and disbursed by the treasurer, classified by fund or account;

(d) Coordinate agencies' acceptance and use of credit cards and other payment methods, if the agencies have received authorization under RCW 43.41.180;

(e) Perform such other duties as may be required by law or by regulations issued pursuant to this law.

It shall be unlawful for the treasurer to disburse public funds in the treasury except upon forms or by alternative means duly prescribed by the director of financial management. These forms or alternative means shall provide for authentication and certification by the agency head or the agency head's designee that the services have been rendered or the materials have been furnished; or, in the case of loans or grants, that the loans or grants are authorized by law; or, in the case of payments for periodic maintenance services to be performed on state owned equipment, that a written contract for such periodic maintenance services is currently in effect and copies thereof are on file with the office of financial management; and the treasurer shall not be liable under the treasurer's surety bond for erroneous or improper payments so made. When services are lawfully paid for in advance of full performance by any private individual or business entity other than as provided for by RCW 42.24.035, such individual or entity other than central stores rendering such services shall make a cash deposit or furnish surety bond coverage to the state as shall be fixed in an amount by law, or if not fixed by law, then in such amounts as shall be fixed by the director of the department of general administration but in no case shall such required cash deposit or surety bond be less than an amount which will fully indemnify the state against any and all losses on account of breach of promise to fully perform such services. No payments shall be made in advance for any equipment maintenance services to be performed more than three months after such payment. Any such bond so furnished shall be conditioned that the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. The responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency head or the agency head's designee in accordance with regulations issued pursuant to this chapter. Nothing in this section shall be construed to permit a public body to advance funds to a private service provider pursuant to a grant or loan before services have been rendered or material furnished.

(6) The state auditor shall:

(a) Report to the legislature the results of current post audits that have been made of the financial transactions of each agency; to this end the auditor may, in the auditor's discretion, examine the books and accounts of any agency, official, or employee charged with the receipt, custody, or safekeeping of public funds. Where feasible in conducting examinations, the auditor shall utilize data and findings from the internal control system prescribed by the office of financial management. The current post audit of each agency may include a section on recommendations to the legislature as provided in (c) of this subsection.

(b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs of the state.

(c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The report shall be for the last complete fiscal period and shall include determinations as to whether agencies, in making expenditures, complied with the laws of this state. The state auditor is authorized to perform or participate in performance verifications and performance audits as expressly authorized by the legislature in the omnibus biennial appropriations acts or in the performance audit work plan approved by the joint legislative audit and review committee. The state auditor, upon completing an audit for legal and financial compliance under chapter 43.09 RCW or a performance verification, may report to the joint legislative audit and review committee or other appropriate committees of the legislature, in a manner prescribed by the joint legislative audit and review committee, on facts relating to the management or performance of governmental programs where such facts are discovered incidental to the legal and financial audit or performance verification. The auditor may make such a report to a legislative committee only if the auditor has determined that the agency has been given an opportunity and has failed to resolve the management or performance issues raised by the auditor. If the auditor makes a report to a legislative committee, the agency may submit to the committee a response to the report. This subsection (6) shall not be construed to authorize the auditor to allocate other than de minimis resources to performance audits except as expressly authorized in section 6 of this act, in the appropriations acts, or in the performance audit work plan. The results of a performance audit conducted by the state auditor that has been requested by the joint legislative audit and review committee must only be transmitted to the joint legislative audit and review committee.

(d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take exception to other practices related in any way to the agency's financial transactions and to cause such exceptions to be made a matter of public record, including disclosure to the agency concerned and to the director of financial management. It shall be the duty of the director of financial management to cause corrective action to be taken within six months, such action to include, as appropriate, the withholding of funds as provided in RCW 43.88.110. The director of financial management shall annually report by December 31st the status of audit resolution to the appropriate committees of the legislature, the state auditor, and the attorney general. The director of financial management shall include in the audit resolution report actions taken as a result of an audit including, but not limited to, types of personnel actions, costs and types of litigation, and value of recouped goods or services.

(e) Promptly report any irregularities to the attorney general.

(f) Investigate improper governmental activity under chapter 42.40 RCW.

(7) The joint legislative audit and review committee may:

(a) Make post audits of the financial transactions of any agency and management surveys and program reviews as provided for in chapter 44.28 RCW as well as performance audits and program evaluations. To this end the joint committee may in its discretion examine the books, accounts, and other records of any agency, official, or employee.

(b) Give information to the legislature or any legislative committee whenever required upon any subject relating to the performance and management of state agencies.

(i) Determinations as to the extent to which agencies in making expenditures have complied with the will of the legislature and in this connection, may take exception to specific expenditures or financial practices of any agencies; and

(ii) Such plans as it deems expedient for the support of the state's credit, for lessening expenditures, for promoting frugality and economy in agency affairs, and generally for an improved level of fiscal management."

Correct the title.

Correct internal references.

Representatives Ogden and Schoesler spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Alexander moved the adoption of amendment (163):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 43.09 RCW to read as follows: The state auditor has authority to conduct performance audits as defined in RCW 44.28.005.

Sec. 2. RCW 43.88.160 and 1998 c 135 s 1 are each amended to read as follows:

(4) In addition, the director of financial management, as agent of the governor, shall:

(d) Report to the governor with regard to duplication of effort or lack of coordination among agencies;

(g) Adopt rules to effectuate provisions contained in (a) through (f) of this subsection.

(5) The treasurer shall:

(b) Receive, disburse, or transfer public funds under the treasurer's supervision or custody;

(c) Keep a correct and current account of all moneys received and disbursed by the treasurer, classified by fund or account;

(d) Coordinate agencies' acceptance and use of credit cards and other payment methods, if the agencies have received authorization under RCW 43.41.180;

(e) Perform such other duties as may be required by law or by regulations issued pursuant to this law.

(6) The state auditor shall:

(b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs of the state.

(c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The report shall be for the last complete fiscal period and shall include determinations as to whether agencies, in making expenditures, complied with the laws of this state. The state auditor is authorized to perform or participate in performance verifications and performance audits as expressly authorized by the legislature in the omnibus biennial appropriations acts or in the performance audit work plan approved by the joint legislative audit and review committee. The state auditor, upon completing an audit for legal and financial compliance under chapter 43.09 RCW or a performance verification, may report to the joint legislative audit and review committee or other appropriate committees of the legislature, in a manner prescribed by the joint legislative audit and review committee, on facts relating to the management or performance of governmental programs where such facts are discovered incidental to the legal and financial audit or performance verification. The auditor may make such a report to a legislative committee only if the auditor has determined that the agency has been given an opportunity and has failed to resolve the management or performance issues raised by the auditor. If the auditor makes a report to a legislative committee, the agency may submit to the committee a response to the report. ((This subsection (6) shall not be construed to authorize the auditor to allocate other than de minimis resources to performance audits except as expressly authorized in the appropriations acts or in the performance audit work plan. The results of a performance audit conducted by the state auditor that has been requested by the joint legislative audit and review committee must only be transmitted to the joint legislative audit and review committee.))

(e) Promptly report any irregularities to the attorney general.

(f) Investigate improper governmental activity under chapter 42.40 RCW.

(7) The joint legislative audit and review committee may:

(b) Give information to the legislature or any legislative committee whenever required upon any subject relating to the performance and management of state agencies.

Correct the title.

Representatives Alexander, Clements, Roach, Van Luven, Morell, Casada, Boldt, Anderson, Carrell and Nixon spoke in favor of the adoption of the amendment.

Representative Miloscia spoke against the adoption of the amendment.

An electronic roll call vote was demanded and the demand was sustained.

The Speaker stated the question before the House to be adoption of amendment (163) to Second Substitute House Bill No. 2563.

ROLL CALL

The Clerk called the roll on the adoption of amendment (163) to Second Substitute House Bill No. 2563, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 50, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Jarrett, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven, and Woods - 47.

Excused: Representative Lisk - 1.

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.

Representative Miloscia spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 2563.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2563 and the bill passed the House by the following vote: Yeas - 61, Nays - 36, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Benson, Berkey, Buck, Campbell, Casada, Chase, Cody, Conway, Cooper, Darneille, DeBolt, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McIntire, Miloscia, Morell, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, and Mr. Speaker - 61.

Voting nay: Representatives Ahern, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Boldt, Bush, Cairnes, Carrell, Chandler, Clements, Cox, Crouse, Delvin, Dunn, Ericksen, Esser, Fisher, Hankins, Holmquist, McMorris, Mielke, Mitchell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Schindler, Schoesler, Skinner, Sump, Talcott, Van Luven, and Woods - 36.

Excused: Representative Lisk - 1.

Engrossed Second Substitute House Bill No. 2563, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2060, by Representatives Dunn, Cooper, Haigh, Edmonds and Fromhold

Providing funds for housing projects.

The bill was read the second time. There being no objection, Substitute House Bill No. 2060 was substituted for House Bill No. 2060 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2060 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 Dunn, Cooper, Dunshee, Ogden, Darneille, Cairnes, Clements, Van Luven and Fisher spoke in favor of passage of the bill.

Representatives Alexander, Talcott, Mulliken, Nixon, Roach and Mastin spoke against the passage of the bill.

POINT OF INQUIRY

Representative Mastin:

SPEAKER'S RULING

Mr. Speaker:

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2060.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2060 and the bill passed the House by the following vote: Yeas - 68, Nays - 29, Absent - 0, Excused - 1.

Voting yea: Representatives Ballasiotes, Barlean, Berkey, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Mitchell, Morell, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schual-Berke, Simpson, Skinner, Sommers, Sullivan, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 68.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Benson, Boldt, Bush, Cox, Crouse, DeBolt, Delvin, Ericksen, Esser, Holmquist, Mastin, McMorris, Mielke, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schoesler, Sehlin, Sump, and Talcott - 29.

Excused: Representative Lisk - 1.

Substitute House Bill No. 2060, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2544, by Representatives Cooper, Benson, Santos, Clements, Simpson, McIntire, Armstrong, Hunt, Romero, Dickerson, Upthegrove, Chase, Ogden, Haigh, Conway, Kenney, Campbell and Linville; by request of Governor Locke, Insurance Commissioner and Attorney General

Restricting use of credit history.

The bill was read the second time. There being no objection, Substitute House Bill No. 2544 was substituted for House Bill No. 2544 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2544 was read the second time.

With the consent of the House, amendment (256) was withdrawn. Because amendment (256) was withdrawn, amendment (260) was ruled out of order.

Representative Cooper moved the adoption of amendment (299):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 48.18 RCW to read as follows:

UNDERWRITING RESTRICTIONS THAT APPLY TO PERSONAL INSURANCE. (1) For the purposes of this section:

(a) "Adverse action" has the same meaning as defined in the fair credit reporting act, 15 U.S.C. Sec. 1681 et seq. Adverse actions include, but are not limited to:

(i) Cancellation, denial, or nonrenewal of personal insurance coverage;

(ii) Charging a higher insurance premium for personal insurance than would have been offered if the credit history or insurance score had been more favorable, whether the charge is by:

(A) Application of a rating rule;

(B) Assignment to a rating tier that does not have the lowest available rates; or

(C) Placement with an affiliate company that does not offer the lowest rates available to the consumer within the affiliate group of insurance companies; or

(iii) Any reduction, adverse, or unfavorable change in the terms of coverage or amount of any personal insurance due to a consumer's credit history or insurance score. A reduction, adverse, or unfavorable change in the terms of coverage occurs when:

(A) Coverage provided to the consumer is not as broad in scope as coverage requested by the consumer but available to other insureds of the insurer or any affiliate; or

(B) The consumer is not eligible for benefits such as dividends that are available through affiliate insurers.

(b) "Affiliate" has the same meaning as defined in RCW 48.31B.005(1).

(d) "Consumer report" has the same meaning as defined in the fair credit reporting act, 15 U.S.C. Sec. 1681 et seq.

(e) "Credit history" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used, or collected in whole or in part, for the purpose of serving as a factor in determining personal insurance premiums or eligibility for coverage.

(f) "Insurance score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit history.

(g) "Personal insurance" means:

(i) Private passenger automobile coverage, including motorcycle and recreational vehicle coverage;

(ii) Homeowner's coverage, including mobile homeowners, manufactured homeowners, condominium owners, and renter's coverage;

(iii) Dwelling property coverage;

(iv) Earthquake coverage for a residence or personal property;

(v) Personal liability and theft coverage;

(vi) Personal inland marine coverage; and

(vii) Mechanical breakdown coverage for personal auto or home appliances.

(h) "Tier" means a category within a single insurer into which insureds with substantially like insuring, risk or exposure factors, and expense elements are placed for purposes of determining rate or premium.

(2) An insurer that takes adverse action against a consumer based in whole or in part on credit history or insurance score shall provide written notice to the applicant or named insured. The notice must state the significant factors of the credit history or insurance score that resulted in the adverse action. The insurer shall also inform the consumer that the consumer is entitled to a free copy of their consumer report under the fair credit reporting act.

(3) An insurer shall not cancel or nonrenew personal insurance based in whole or in part on a consumer's credit history or insurance score. Placement with an affiliate insurer does not constitute cancellation or nonrenewal under this section.

(4) An insurer may use credit history to deny personal insurance only in combination with other substantive underwriting factors. For the purposes of this subsection:

(a) "Deny" means an insurer refuses to offer insurance coverage to a consumer;

(b) Placement with an affiliate insurer does not constitute denial of coverage; and

(c) An insurer may reject an application when coverage is not bound or cancel an insurance contract within the first sixty days after the effective date of the contract.

(5) Insurers shall not deny personal insurance coverage based on:

(a) The absence of credit history or the inability to determine the consumer's credit history, if the insurer has received accurate and complete information from the consumer;

(b) The number of credit inquiries;

(d) The initial purchase or finance of a vehicle or house that adds a new loan to the consumer's existing credit history, if evident from the consumer report; however, an insurer may consider the bill payment history of any loan, the total number of loans, or both;

(e) The consumer's use of a particular type of credit card, charge card, or debit card; or

(f) The consumer's total available line of credit; however, an insurer may consider the total amount of outstanding debt in relation to the total available line of credit.

(6)(a) If disputed credit history is used to determine eligibility for coverage and a consumer is placed with an affiliate that charges higher premiums or offers less favorable policy terms:

(i) The insurer shall reissue or rerate the policy retroactive to the effective date of the current policy term; and

(ii) The policy, as reissued or rerated, shall provide premiums and policy terms the consumer would have been eligible for if accurate credit history had been used to determine eligibility.

(b) This subsection only applies if the consumer resolves the dispute under the process set forth in the fair credit reporting act and notifies the insurer in writing that the dispute has been resolved.

(7) The commissioner may adopt rules to implement this section.

(8) This section applies to all personal insurance policies issued or renewed after January 1, 2003.

NEW SECTION. Sec. 2. A new section is added to chapter 48.19 RCW to read as follows:

MAKING OF RATES--PERSONAL INSURANCE. (1) For the purposes of this section:

(a) "Consumer" means an individual policyholder or applicant for insurance.

(b) "Credit history" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used, or collected in whole or in part, for the purpose of serving as a factor in determining personal insurance premiums or eligibility for coverage.

(c) "Insurance score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit history.

(d) "Personal insurance" means:

(i) Private passenger automobile coverage, including motorcycle and recreational vehicle coverage;

(ii) Homeowner's coverage, including mobile homeowners, manufactured homeowners, condominium owners, and renter's coverage;

(iii) Dwelling property coverage;

(iv) Earthquake coverage for a residence or personal property;

(v) Personal liability and theft coverage;

(vi) Personal inland marine coverage; and

(vii) Mechanical breakdown coverage for personal auto or home appliances.

(2) Credit history shall not be used to determine personal insurance rates, premiums, or eligibility for coverage unless the insurance scoring models are filed with the commissioner. Insurance scoring models include all attributes and factors used in the calculation of an insurance score. RCW 48.19.040(5) does not apply to any information filed under this subsection, and the information shall be withheld from public inspection and kept confidential by the commissioner. All information filed under this subsection shall be considered trade secrets under RCW 48.02.120(3). Information filed under this subsection may be made public by the commissioner for the sole purpose of enforcement actions taken by the commissioner.

(3) Insurers shall not use the following types of credit history to calculate a personal insurance score or determine personal insurance premiums or rates:

(a) The absence of credit history or the inability to determine the consumer's credit history, unless the insurer has filed actuarial data segmented by demographic factors in a manner prescribed by the commissioner that demonstrates compliance with RCW 48.19.020;

(b) The number of credit inquiries;

(e) The consumer's use of a particular type of credit card, charge card, or debit card; or

(f) The consumer's total available line of credit; however, an insurer may consider the total amount of outstanding debt in relation to the total available line of credit.

(4) If a consumer is charged higher premiums due to disputed credit history, the insurer shall rerate the policy retroactive to the effective date of the current policy term. As rerated, the consumer shall be charged the same premiums they would have been charged if accurate credit history was used to calculate an insurance score. This subsection applies only if the consumer resolves the dispute under the process set forth in the fair credit reporting act and notifies the insurer in writing that the dispute has been resolved.

(5) The commissioner may adopt rules to implement this section.

(6) This section applies to all personal insurance policies issued or renewed on or after June 30, 2003.

NEW SECTION. Sec. 3. Captions used in this act are not any part of the law.

NEW SECTION. Sec. 4. The commissioner shall report to the legislature by January 1, 2004, on issues related to the use of credit history in personal insurance underwriting and rating and the implementation of this act. The report must include:

(1) A review of how this act has been implemented and how it has impacted consumers; and

(2) A review and analysis of insurance scoring that is due to the legislature by January 1, 2003, which includes, but is not limited to:

(a) Which types of consumers, based on demographic factors, benefit from or are harmed by the use of credit history in personal insurance rating and underwriting;

(b) The extent to which the use of credit history affects rates charged to the consumer;

(d) Other issues as determined by the commissioner."

Correct the title.

Representative Cooper moved the adoption of amendment (334) to (299):

On page 2, beginning on line 15, after "coverage" delete ",including motorcycle and recreational vehicle coverage"

On page 2, line 38, after "score." delete "Placement" and insert "An offer of placement"

On page 3, line 6, after "(b)" delete "Placement" and insert "An offer of placement"

On page 4, line 19, after "coverage" delete ",including motorcycle and recreational vehicle coverage"

Representatives Cooper and Benson spoke in favor of the adoption of the amendment to the amendment.

The amendment to amendment (299) was adopted.

Representatives Cooper and Benson spoke in favor of adoption of amendment (299) as amended.

The amendment (299) as amended 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 Cooper, Lysen, Campbell, Roach, Kenney, Clement and Morris spoke in favor of passage of the bill.

Representatives Benson, DeBolt and Bush spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2544.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2544 and the bill passed the House by the following vote: Yeas - 93, Nays - 4, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Miloscia, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 93.

Voting nay: Representatives Bush, Mielke, Mitchell, and Schoesler - 4.

Excused: Representative Lisk - 1.

Engrossed Substitute House Bill No. 2544, having received the necessary constitutional majority, was declared passed.

There being no objection, Rule 13c was suspended.

HOUSE BILL NO. 2224, by Representatives Benson and Hatfield

Licensing specialty producers of certain lines of insurance.

The bill was read the second time. There being no objection, Substitute House Bill No. 2224 was substituted for House Bill No. 2224 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2224 was read the second time.

Representative Cooper moved the adoption of amendment (245):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Communications equipment" means handsets, pagers, personal digital assistants, portable computers, automatic answering devices, batteries, and other devices or their accessories used to originate or receive communications signals or service so long as the value of the other devices does not exceed one thousand five hundred dollars or the other devices are approved for coverage by rule of the commissioner, and also includes services related to the use of the devices.

(2) "Communications equipment insurance program" means an insurance program as described in section 3 of this act.

(3) "Communications service" means the service necessary to send, receive, or originate communications signals.

(4) "Customer" means a person or entity purchasing or leasing communications equipment or communications services from a vendor.

(5) "Specialty producer license" means a license issued under section 2 of this act that authorizes a vendor to offer or sell insurance as provided in section 3 of this act.

(6) "Supervising agent" means an agent licensed under RCW 48.17.060 who provides training as described in section 4 of this act and is affiliated to a licensed vendor.

(7) "Vendor" means a person or entity resident or with offices in this state in the business of leasing, selling, or providing communications equipment or communications service to customers.

(8) "Appointing insurer" means the insurer appointing the vendor as its agent under a specialty producer license.

NEW SECTION. Sec. 2. (1) A vendor that intends to offer insurance under section 3 of this act must file a specialty producer license application with the commissioner. Before the commissioner issues such a license, the vendor must be appointed as the agent of one or more authorized appointing insurers under a vendor's specialty producer license.

(2) Upon receipt of an application, if the commissioner is satisfied that the application is complete, the commissioner may issue a specialty producer license to the vendor.

NEW SECTION. Sec. 3. A specialty producer license authorizes a vendor and its employees and authorized representatives to offer and sell to, enroll in, and bill and collect premiums from customers for insurance covering communications equipment on a master, corporate, group, or individual policy basis.

NEW SECTION. Sec. 4. (1) A vendor issued a specialty producer license may not issue insurance under section 3 of this act unless:

(a) At every location where customers are enrolled in communications equipment insurance programs, written material regarding the program is made available to prospective customers; and

(b) The communications equipment insurance program is operated with the participation of a supervising agent who, with authorization and approval from the appointing insurer, supervises a training program for employees of the licensed vendor.

(2) Employees and authorized representatives of a vendor issued a specialty producer license may only act on behalf of the vendor in the offer, sale, solicitation, or enrollment of customers in a communications equipment insurance program. The conduct of these employees and authorized representatives within the scope of their employment or agency is the same as conduct of the vendor for purposes of this title.

NEW SECTION. Sec. 5. (1) A vendor issued a specialty producer license under this chapter is subject to RCW 48.17.540 through 48.17.560.

(2) The commissioner may adopt rules necessary for the implementation of this chapter, including, but not limited to, rules governing:

(a) The specialty producer license application process, including any forms required to be used;

(b) The standards for approval and the required content of written materials required under section 4(1)(a) of this act;

(d) Establishing license fees to defray the cost of administering the specialty producer licensure program;

(e) Establishing requirements for the remittance of premium funds to the supervising agent under authority from the program insurer; and

(f) Determining the applicability or nonapplicability of other provisions of this title to this chapter.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 48 RCW."

On page 1, line 2 of the title, after "insurance;" strike the remainder of the title and insert "and adding a new chapter to Title 48 RCW."

Representatives Cooper and Benson 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 Benson and Cooper spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2224.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2224 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 97.

Excused: Representative Lisk - 1.

Engrossed Substitute House Bill No. 2224, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2662, by Representatives McDermott, Wood, Miloscia, O'Brien, Cody, Conway, Edwards, Lysen, Chase and Santos

Making payroll deductions for individual providers as defined in RCW 74.39A.240(4).

The bill was read the second time. There being no objection, Substitute House Bill No. 2662 was substituted for House Bill No. 2662 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2662 was read the second time.

Representative McDermott moved the adoption of amendment (250):

On page 1, beginning on line 5, strike all of section 1 and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 41.56 RCW to read as follows:

(1) Upon the written authorization of an individual provider within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the state as payor, but not as the employer, shall, subject to subsection (3) of this section, deduct from the payments to an individual provider the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the treasurer of the exclusive bargaining representative.

(2) If the home care quality authority and the exclusive bargaining representative of a bargaining unit of individual providers enter into a collective bargaining agreement that:

(a) Includes a union security provision authorized in RCW 41.56.122, the state as payor, but not as the employer, shall, subject to subsection (3) of this section, enforce the agreement by deducting from the payments to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues; or

(b) Includes requirements for deductions of payments other than the deduction under (a) of this subsection, the state, as payor, but not as the employer, shall, subject to subsection (3) of this section, make such deductions upon written authorization of the individual provider.

(3)(a) The initial additional costs to the state in making deductions from the payments to individual providers under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.

(b) The allocation of ongoing additional costs to the state in making deductions from the payments to individual providers under this section shall be an appropriate subject of collective bargaining between the exclusive bargaining representative and the home care quality authority unless prohibited by another statute. If no collective bargaining agreement containing a provision allocating the ongoing additional cost is entered into between the exclusive bargaining representative and the home care quality authority, or if the legislature does not approve funding for the collective bargaining agreement as provided in RCW 74.39A.300, the ongoing additional costs to the state in making deductions from the payments to individual providers under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative."

Correct the title.

Representative McDermott spoke in favor of the adoption of the amendment.

The amendment was adopted.

With the consent of the House, amendments (316) and (317) were withdrawn.

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.

Representative McDermott spoke in favor of passage of the bill.

Representative Chandler spoke against passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2662.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2662 and the bill passed the House by the following vote: Yeas - 53, Nays - 44, Absent - 0, Excused - 1.

Voting yea: Representatives Berkey, Cairnes, Campbell, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Pearson, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, and Mr. Speaker - 53.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Jarrett, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven, and Woods - 44.

Excused: Representative Lisk - 1.

Engrossed Substitute House Bill No. 2662, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2338, by Representatives Kagi, Ballasiotes, O'Brien, Lantz, Dickerson, Linville, McIntire, Conway and Wood

Revising sentences for drug offenses.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 2338 was substituted for House Bill No. 2338 and the second substitute bill was placed on the second reading calendar.

Second Substitute House Bill No. 2338 was read the second time.

With the consent of the House, amendment (266) was withdrawn.

Representative Sehlin moved the adoption of amendment (298):

On page 2, line 2, after "reduced." strike all material through "Sec. 13" on page 40, line 2, and insert "Sec. 2"

Beginning on page 41, line 6, strike all of sections 14 through 31 and insert the following:

"NEW SECTION. Sec. 3. The sum of two hundred and one thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2002, and the sum of two million three hundred twenty-four thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2003, from the general fund to the department of social and health services division of alcohol and substance abuse solely for drug court programs established in accordance with section 2 of this act."

Correct the title accordingly.

Renumber sections consecutively and correct internal references accordingly.

Representatives Sehlin and Mastin spoke in favor of the adoption of the amendment.

Representatives O'Brien and Ballasiotes spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Carrell moved the adoption of amendment (263):

On page 17, beginning on line 25, delete all material through line 28.

Correct the title accordingly.

Renumber sections consecutively and correct internal references accordingly.

Representative Carrell spoke in favor of the adoption of the amendment.

Representative McIntire spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Alexander moved the adoption of amendment (264):

On page 15, beginning with "unless" on line 1, strike all material through "methodology" on line 2 and insert "on passage of a resolution by both houses of the legislature approving it"

Representative Alexander spoke in favor of the adoption of the amendment.

Representative Kagi spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Alexander moved the adoption of amendment (265):

On page 15, line 37, after "act" strike all material through "crime" on page 16, line 2 and insert "shall be distributed to counties and cities to mitigate the impact of the implementation of Chapter 1, Laws of 2000, 1st Sp. S. (license tab fees) on public safety functions. The department of community, trade and economic development shall establish a formula to distribute any excess funds pursuant to this section"

Representatives Alexander and Benson spoke in favor of the adoption of the amendment.

Representative Dunshee spoke against the adoption of the amendment.

The amendment was not adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Kagi, Ballasiotes, Dickerson, Murray, O'Brien, Hurst and Campbell spoke in favor of passage of the bill.

Representative Clements, Carrell and Orcutt spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Second Substitute House Bill No. 2338.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2338 and the bill passed the House by the following vote: Yeas - 72, Nays - 25, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Ballasiotes, Barlean, Benson, Berkey, Campbell, Casada, Chase, Clements, Cody, Conway, Cooper, Crouse, Darneille, Delvin, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Mitchell, Morell, Morris, Murray, Nixon, O'Brien, Ogden, Pearson, Pflug, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schual-Berke, Simpson, Skinner, Sommers, Sullivan, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 72.

Voting nay: Representatives Ahern, Alexander, Armstrong, Ballard, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Cox, DeBolt, Dunn, Ericksen, Holmquist, Mastin, McMorris, Mielke, Mulliken, Orcutt, Roach, Schoesler, Sehlin, Sump, and Talcott - 25.

Excused: Representative Lisk - 1.

Second Substitute House Bill No. 2338, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote NAY on Second Substitute House Bill No. 2338.

KIRK PEARSON, 39^th District

HOUSE BILL NO. 2346, by Representatives Darneille, Delvin and Dickerson; by request of Uniform Legislation Commission

Updating the uniform parentage act.

The bill was read the second time. There being no objection, Second Substitute House Bill No. 2346 was substituted for House Bill No. 2346 and the second substitute bill was placed on the second reading calendar.

Second Substitute House Bill No. 2346 was read the second time.

Representative Boldt moved the adoption of amendment (284):

On page 24, after line 12, insert the following:

"NEW SECTION. Sec. 531. EQUAL TREATMENT. If the division of child support provides services, including waiver of filing fees and payment of costs for a guardian ad litem, to parties in a contested paternity action, the division of child support shall also provide the same services to the parties when paternity is not contested."

Renumber the remaining sections consecutively and correct internal references accordingly.

Representative Boldt spoke in favor of the adoption of the amendment.

Representative Dickerson spoke against the adoption of the amendment.

The amendment was not adopted.

Representative Carrell moved the adoption of amendment (335):

On page 28, after line 19, insert the following:

"Sec. 701. RCW 70.58.055 and 1997 c 58 s 948 are each amended to read as follows:

(1) To promote and maintain nation-wide uniformity in the system of vital statistics, the certificates required by this chapter or by the rules adopted under this chapter shall include, as a minimum, the items recommended by the federal agency responsible for national vital statistics including social security numbers.

(2) The state board of health by rule may require additional pertinent information relative to the birth and manner of delivery as it may deem necessary for statistical study. This information shall be placed in a confidential section of the birth certificate form and shall not be subject to the view of the public or for certification purposes except upon order of the court. The state board of health may eliminate from the forms items that it determines are not necessary for statistical study.

(3) Each certificate or other document required by this chapter shall be on a form or in a format prescribed by the state registrar.

(4) All vital records shall contain the data required for registration. No certificate may be held to be complete and correct that does not supply all items of information called for or that does not satisfactorily account for the omission of required items.

(5) Information required in certificates or documents authorized by this chapter may be filed and registered by photographic, electronic, or other means as prescribed by the state registrar.

(6) Birth certificates shall contain a notice, in prominent lettering, stating that being named as the parent on the birth certificate confers upon the person all the rights and duties of a parent, including the obligation to pay child support."

Renumber the remaining sections consecutively and correct the title.

Representative Carrell spoke in favor of the adoption of the amendment.

Representative Darneille spoke against the adoption of the amendment.

The amendment was not adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Darneille and Delvin spoke in favor of passage of the bill.

Representatives Carrell, Boldt and Carrell (again) spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Second Substitute House Bill No. 2346.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 2346 and the bill passed the House by the following vote: Yeas - 65, Nays - 32, Absent - 0, Excused - 1.

Voting yea: Representatives Anderson, Ballasiotes, Barlean, Berkey, Campbell, Chase, Cody, Conway, Cooper, Darneille, Delvin, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Mitchell, Morris, Murray, Nixon, O'Brien, Ogden, Pflug, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schual-Berke, Simpson, Skinner, Sommers, Sullivan, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 65.

Voting nay: Representatives Ahern, Alexander, Armstrong, Ballard, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Dunn, Ericksen, Holmquist, Mastin, McMorris, Mielke, Morell, Mulliken, Orcutt, Pearson, Roach, Schindler, Schoesler, Sehlin, Sump, and Talcott - 32.

Excused: Representative Lisk - 1.

Second Substitute House Bill No. 2346, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2347, by Representatives Darneille, Delvin and Dickerson; by request of Uniform Legislation Commission

Modifying the uniform interstate family support act.

The bill was read the second time. There being no objection, Substitute House Bill No. 2347 was substituted for House Bill No. 2347 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2347 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 Darneille and Carrell spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2347.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2347 and the bill passed the House by the following vote: Yeas - 85, Nays - 12, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Berkey, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Miloscia, Mitchell, Morell, Morris, Murray, Nixon, O'Brien, Ogden, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 85.

Voting nay: Representatives Ahern, Ballard, Benson, Boldt, Crouse, Dunn, Holmquist, Mielke, Mulliken, Orcutt, Schindler, and Sump - 12.

Excused: Representative Lisk - 1.

Substitute House Bill No. 2347, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2540, by Representatives Conway, Kenney, Wood, Chase, Cooper, Fromhold, Lysen, Campbell, Hunt, Veloria, Cody, Simpson, Haigh, Dickerson, Miloscia, Ogden, Quall, McIntire, Schual-Berke, Santos, McDermott and Kirby

Authorizing collective bargaining for University of Washington employees who are enrolled in academic programs.

The bill was read the second time. There being no objection, Substitute House Bill No. 2540 was substituted for House Bill No. 2540 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2540 was read the second time.

Representative Clements moved the adoption of amendment (278):

On page 2, line 15, after "over" strike "admission" and insert the following:

(a) Admission"

On page 2, line 20, after "programs" insert the following:

"; and

(b) The decision to hire, promote, transfer, assign, or retain employees in positions, and the decision to reduce, dismiss, suspend, or demote employees, or take other employee disciplinary action according to law"

Representative Clements spoke in favor of the adoption of the amendment.

Representative Wood spoke against the adoption of the amendment.

The amendment was not adopted.

Representative McMorris moved the adoption of amendment (184):

On page 2, line 29, after "campus." strike all material through "unit" on line 30 and insert "An appropriate bargaining unit of employees in (a) through (i) of this subsection includes all those employees who are employed in each school or college of the university, with only one bargaining unit allowable for each school or college"

Representative McMorris spoke in favor of the adoption of the amendment.

Representative Kenney spoke against the adoption of the amendment.

An electronic roll call vote was demanded and the demand was sustained.

The Speaker stated the question before the House to be adoption of amendment (184) to Substitute House Bill No. 2540.

ROLL CALL

The Clerk called the roll on the adoption of amendment (184) to Substitute House Bill No. 2540, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 50, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Jarrett, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven, and Woods - 47.

Excused: Representative Lisk - 1.

Representative Conway moved the adoption of amendment (329):

On page 3, beginning on line 1, strike all of subsection (h) and insert the following:

"(h) Except as provided in this subsection (1)(h), predoctoral researcher, predoctoral research assistant, and predoctoral research associates I and II. The employees that constitute an appropriate bargaining unit under this subsection (1) do not include predoctoral researchers, predoctoral research assistants, and predoctoral research associates I and II who are performing research primarily related to their dissertation and who have incidental or no service expectations placed upon them by the university; and"

Representative Conway spoke in favor of the adoption of the amendment.

The amendment was adopted.

With the consent of the House, amendment (317) was withdrawn.

Representative McMorris moved the adoption of amendment (279):

On page 3, line 21, after "(b)" strike "(i) Except as provided in (b)(ii) of this subsection, provisions" and insert "Provisions"

On page 3, beginning on line 29, strike all of subsection (2)(b)(ii)

Representative McMorris spoke in favor of the adoption of the amendment.

Representative McIntire spoke against the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendments (185) and (186) were withdrawn.

Representative Cox moved the adoption of amendment (187):

On page 3, after line 31, insert the following:

"(3)(a) Strikes by employees covered under this section are prohibited.

(b) For the purposes of this subsection, "strike" includes any concerted action by employees or employee organizations to suspend, curtail, interrupt, withhold, or otherwise fail or refuse to perform fully their normal duties or services as employees in connection with a controversy concerning terms or conditions of their public employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of their public employment, regardless of whether the disputants in the controversy stand in the proximate relation of employer and employee. A strike includes, but is not limited to, any concerted action that would result in delaying the determination of student grades or that would impair a student's eligibility to graduate because of the failure to perform normal duties.

(c) If, upon the motion of a student or student's parent, faculty member, or the employer, a court finds that as a result of a strike student grades are unreasonably delayed or that a student's eligibility to graduate is impaired because of a delayed transcript, the court shall impose a civil penalty of one thousand dollars for each day of the delay to be paid by the exclusive bargaining representative of the bargaining unit that engaged in a strike."

Representatives Cox, Schoesler and Matson spoke in favor of the adoption of the amendment.

Representatives Conway and Wood spoke against the adoption of the amendment.

An electronic roll call vote was demanded and the demand was sustained.

The Speaker stated the question before the House to be adoption of amendment (187) to Substitute House Bill No. 2540.

ROLL CALL

The Clerk called the roll on the adoption of amendment (187) to Substitute House Bill No. 2540, and the amendment was not adopted by the following vote: Yeas - 47, Nays - 50, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Jarrett, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven, and Woods - 47.

Excused: Representative Lisk - 1.

With the consent of the House, amendment (188) was withdrawn.

Representative Chandler moved the adoption of amendment (189):

On page 3, after line 31, insert the following:

"(3) With respect to the determination of the exclusive bargaining representative for a bargaining unit of employees under this section, the commission must certify the exclusive bargaining representative, and such certification may be made only after an election conducted in accordance with RCW 41.56.070."

Representatives Chandler and Clements spoke in favor of the adoption of the amendment.

Representative Conway spoke against the adoption of the amendment.

An electronic roll call vote was demanded and the demand was sustained.

The Speaker stated the question before the House to be adoption of amendment (189) to Substitute House Bill No. 2540.

ROLL CALL

The Clerk called the roll on the adoption of amendment (189) to Substitute House Bill No. 2540, and the amendment was not adopted by the following vote: Yeas - 45, Nays - 52, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Esser, Hankins, Holmquist, Jarrett, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven, and Woods - 45.

Voting nay: Representatives Berkey, Cairnes, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Ericksen, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, and Mr. Speaker - 52.

Excused: Representative Lisk - 1.

With the consent of the House, amendment (280) was withdrawn.

Representative McMorris moved the adoption of amendment (281):

On page 3, after line 31, insert the following:

"NEW SECTION. Sec. 3. A new section is added to chapter 42.17 RCW to read as follows:

(1) A labor or employee organization receiving dues deducted under chapter 41.56 RCW for employees covered under section 2 of this act must deposit all funds received in one or more identifiable deposit accounts maintained as required in subsection (4) of this section. No funds from any other source may be deposited in the account. Funds from this account may be expended for any lawful purpose, but may not be expended to make contributions to political committees or for use as political contributions, or to operate a political committee or conduct grassroots activities beyond communicating to its own membership, except on the written request of the employee as provided in RCW 42.17.680.

(2) All expenditures for political activities by a labor or employee organization subject to this section must be drawn from a deposit account designated as a political activity account and maintained as required under subsection (4) of this section.

(3) A labor or employee organization shall:

(a) Maintain complete records of all funds deposited into a deposit account subject to this section and provide the public disclosure commission an annual itemized report of all income to the accounts. The report must contain, at a minimum, the name of each person or entity from whom funds have been received into the account and each employee whose wages or salary was subject to deduction as part of the funds received; and

(b) Maintain complete records of expenditures from the deposit accounts subject to this section and provide the public disclosure commission with an annual report detailing all expenditures. Nominal expenditures under fifty dollars coming within identifiable categories, such as office expenses, may be aggregated as a single expense item in the annual report. Expenditure items should contain sufficient detail to identify the purpose and recipient of each expenditure.

(4) Each deposit account subject to this section must be a deposit account in a financial institution authorized by federal or state law to do business in Washington.

(5) A labor organization or employee organization must notify bargaining unit employees of the intended use of funds expended from deposit accounts subject to this section.

(6) The public disclosure commission may adopt such rules as are necessary to implement this section.

(7) A person or entity who violates any provision of this section is liable to the person from whose wages or salary the funds were deducted for three times the amount deducted or one thousand dollars, whichever is greater, and for costs and such reasonable attorney's fees as may be allowed by the court."

Renumber the sections consecutively and correct the title.

Representative McMorris spoke in favor of the adoption of the amendment.

Representative Conway spoke against the adoption of the amendment.

The amendment was not adopted.

With the consent of the House, amendments (282) and (283) were withdrawn.

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 Conway, McIntire, Fromhold, Kenney and Murray spoke in favor of passage of the bill.

Representatives Clements, Alexander, Cox, Esser, Matson and Bush spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2540.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2540 and the bill passed the House by the following vote: Yeas - 53, Nays - 44, Absent - 0, Excused - 1.

Voting yea: Representatives Berkey, Cairnes, Campbell, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, and Mr. Speaker - 53.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Carrell, Casada, Chandler, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Holmquist, Mastin, McMorris, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven, and Woods - 44.

Excused: Representative Lisk - 1.

Engrossed Substitute House Bill No. 2540, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2845, by Representatives Morris, Crouse, Morell, Pflug, Ogden, Linville and Simpson

Requiring a performance audit of the utilities and transportation commission.

The bill was read the second time. There being no objection, Substitute House Bill No. 2845 was substituted for House Bill No. 2845 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2845 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 Morris and Crouse spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2845.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2845 and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Woods, and Mr. Speaker - 95.

Voting nay: Representatives McIntire, and Wood - 2.

Excused: Representative Lisk - 1.

Substitute House Bill No. 2845, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2896, by Representatives Cooper, Delvin, Conway, Campbell, Kirby, Hurst, Jackley, Sullivan, Chase, Darneille, Santos, Ogden, Quall, Morell, Simpson, Schual-Berke, Fromhold, McDermott and Romero

Allowing certain emergency medical technicians to transfer service credit.

The bill was read the second time.

Representative Hurst moved that Substitute House Bill No. 2896 not be substituted for House Bill No. 2896.

Representatives Hurst and Delvin spoke in favor of the motion. The motion was adopted.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Cooper spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of House Bill No. 2896.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2896 and the bill passed the House by the following vote: Yeas - 88, Nays - 9, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Linville, Lovick, Lysen, Mastin, McDermott, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Reardon, Roach, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Sehlin, Simpson, Skinner, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods, and Mr. Speaker - 88.

Voting nay: Representatives Cody, Darneille, Doumit, Lantz, McIntire, Quall, Rockefeller, Schual-Berke, and Sommers - 9.

Excused: Representative Lisk - 1.

House Bill No. 2896, having received the necessary constitutional majority, was declared passed.

INTRODUCTION & FIRST READING

HB 2973 by Representatives Ruderman, Jarrett, Santos, McDermott, McIntire, Sommers, Schual-Berke, Conway, Wood, Esser, Kagi, Nixon, Barlean, Simpson, Kenney, Lysen and Dickerson

AN ACT Relating to housing allowances for nonsupervisory K-12 employees; amending RCW 28A.400.200, 84.52.0531, 41.32.010, 41.40.010, and 41.35.010; adding a new section to chapter 28A.400 RCW; adding a new section to chapter 28A.500 RCW; adding a new section to chapter 84.52 RCW; and creating a new section.

HB 2974 by Representatives Anderson, Pflug, Esser, Cairnes, Nixon, Jarrett, Morell, Roach, Casada, Mastin, Schoesler, Ahern, Benson, Mielke, Boldt, Crouse, Bush, Campbell, Delvin and Buck

AN ACT Relating to regional transit authorities; amending RCW 81.112.070, 81.112.080, 81.112.030, and 81.112.040; adding a new section to chapter 81.112 RCW; creating a new section; and declaring an emergency.

Referred to Committee on Transportation.

HB 2975 by Representatives DeBolt, Bush, Mastin, Schindler, Schoesler, Crouse, Talcott, Mulliken, Ahern, Campbell, Orcutt, Anderson, Benson, Clements, Morell, Lisk, Casada, Esser, Roach, Nixon, Holmquist, Schmidt, Van Luven, Buck and Alexander

AN ACT Relating to transportation; amending 2002 c 5 s 205 (uncodified); and declaring an emergency.

Referred to Committee on Transportation.

There being no objection, and the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated with the exception of House Bill No. 2973 which was placed on the second reading calendar.

MESSAGES FROM THE SENATE

February 18, 2002

Mr. Speaker:

The Senate has passed:

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5134,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6034,

ENGROSSED SENATE BILL NO. 6352,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6368,

SENATE BILL NO. 6372,

SENATE BILL NO. 6411,

SENATE BILL NO. 6425,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6449,

SUBSTITUTE SENATE BILL NO. 6523,

SUBSTITUTE SENATE BILL NO. 6534,

SUBSTITUTE SENATE BILL NO. 6547,

SENATE BILL NO. 6624,

ENGROSSED SENATE BILL NO. 6630,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6641,

SUBSTITUTE SENATE BILL NO. 6660,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6704,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6718,

SUBSTITUTE SENATE BILL NO. 6721,

ENGROSSED SENATE BILL NO. 6726,

and the same are herewith transmitted.

Brad Hendrickson, Deputy Secretary

February 18, 2002

Mr. Speaker:

The Senate has passed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 6464,

and the same are herewith transmitted.

Tony M. Cook, Secretary

February 18, 2002

Mr. Speaker:

The Senate has passed:

SECOND SUBSTITUTE SENATE BILL NO. 5336,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5416,

SENATE BILL NO. 5451,

SECOND SUBSTITUTE SENATE BILL NO. 5797,

SECOND SUBSTITUTE SENATE BILL NO. 5949,

SECOND SUBSTITUTE SENATE BILL NO. 6353,

SUBSTITUTE SENATE BILL NO. 6439,

SENATE BILL NO. 6458,

SUBSTITUTE SENATE BILL NO. 6496,

SUBSTITUTE SENATE BILL NO. 6504,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6528,

SENATE BILL NO. 6577,

SUBSTITUTE SENATE BILL NO. 6598,

SENATE BILL NO. 6609,

SUBSTITUTE SENATE BILL NO. 6648,

SUBSTITUTE SENATE BILL NO. 6735,

SENATE BILL NO. 6798,

and the same are herewith transmitted.

Tony M. Cook, Secretary

February 18, 2002

Mr. Speaker:

The Senate has passed:

SECOND SUBSTITUTE SENATE BILL NO. 5909,

SUBSTITUTE SENATE BILL NO. 6249,

SUBSTITUTE SENATE BILL NO. 6343,

ENGROSSED SENATE BILL NO. 6380,

SUBSTITUTE SENATE BILL NO. 6423,

SUBSTITUTE SENATE BILL NO. 6481,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6490,

SUBSTITUTE SENATE BILL NO. 6536,

SUBSTITUTE SENATE BILL NO. 6590,

SUBSTITUTE SENATE BILL NO. 6597,

SUBSTITUTE SENATE BILL NO. 6602,

SUBSTITUTE SENATE BILL NO. 6640,

SENATE BILL NO. 6664,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6665,

ENGROSSED SENATE BILL NO. 6675,

SENATE BILL NO. 6698,

SENATE BILL NO. 6740,

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8029,

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8036,

and the same are herewith transmitted.

Tony M. Cook, Secretary

February 18, 2002

Mr. Speaker:

The Senate has passed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5831,

and the same is herewith transmitted.

Tony M. Cook, Secretary

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

MOTION

On motion of Representative Kessler, the House adjourned until 9:00 a.m., February 19, 2002, the 37th Day of the Regular Session.

FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk

1324

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

1411

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

1411-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

1474

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Co-Prime Sponsors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

1474-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

2060

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

2060-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

2224

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

2224-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

2305

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

2305-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

2321

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

2338

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

2338-S2

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

2346

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

2346-S2

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

2347

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

2347-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

2360

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

2360-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

2376

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

2376-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

2486

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

2486-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

2511

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

2511-S2

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

2540

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

2540-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

2544

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

2544-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

2560

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

2560-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

2563

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

2563-S2

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

2604

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

2604-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

2662

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

2662-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

2666

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

2688

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

2688-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2699

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

2699-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

2707

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

2707-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

2732

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Third Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

2744

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

2744-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

2750

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

2750-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

2754

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

2754-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

2782

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

2817

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

2819

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2819-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

2842

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

2845

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

2845-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

2891

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

2896

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

2971

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

2973

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73

2974

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

2975

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

4026

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

4026-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

4701

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

4704

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

4708

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

5134-S2

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

5336-S2

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

5416-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

5451

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

5797-S2

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

5831-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

5909-S2

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

5949-S2

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6034-S2

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6249-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6343-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6352

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6353-S2

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6368-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6372

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6380

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6411

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6423-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6425

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6439-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6449-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6458

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6464-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6481-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6490-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6496-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6504-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6523-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6528-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6534-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6536-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6547-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6577

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6590-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6597-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6598-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6602-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6609

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6624

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6630

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6640-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6641-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6648-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6660-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6664

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6665-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6675

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6698

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6704-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6718-S2

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6721-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6726

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6735-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6740

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

6798

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

8029-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

8036-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

HOUSE OF REPRESENTATIVES

Statement for the Journal: Representative Chandler. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

Statement for the Journal: Representative Mulliken. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 14, 15, 17-19, 23

Statement for the Journal: Representative Pearson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63

SPEAKER OF THE HOUSE

Speaker's Privilege: Japanese-American Citizens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2