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FIFTY SEVENTH LEGISLATURE - REGULAR SESSION

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THIRTY SEVENTH DAY

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House Chamber, Olympia, Tuesday, February 19, 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 a Sergeant at Arms Color Guard, Pages Michael Sonntag and Ashley Heilprin. Prayer was offered by Giani Kuldeep Singh, translated by Sharahjit Singh from Gurudwara Singh Sabha, Renton.

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

RESOLUTION

HOUSE RESOLUTION NO. 2002-4711, by Representatives Holmquist, Linville, Mulliken, Morris, Sump, Reardon, Pflug, Sullivan, Ericksen, Kirby, Orcutt, Jackley, Schmidt, Kenney, Boldt, O'Brien, Benson, Darneille, Ahern, Hunt, Roach, McDermott, Alexander, Kagi, Chandler, Veloria, Pearson, Cody, Dunn, Conway, DeBolt, Cooper, Delvin, Fisher, Morell, Gombosky, Jarrett, Haigh, McMorris, Fromhold, Schindler, Berkey, Clements, Chase, Crouse, Edwards, Ballasiotes, Lysen, Talcott, Tokuda, Buck, Sommers, Mielke, Schual-Berke, Lisk, Ogden, Cox, Chopp, Casada, Grant, Barlean, Hatfield, Campbell, Santos, Esser, Anderson, Mitchell, Armstrong, Woods and Hankins

WHEREAS, From the tasty red potatoes of Skagit Valley to the mighty russets of the Columbia Basin, potatoes are cherished throughout Washington; and

WHEREAS, The Washington potato industry adds three billion dollars to the state's annual economy and adds some twenty-eight thousand jobs; and

WHEREAS, Washington state is the third largest producer of potatoes in the United States; and

WHEREAS, Potatoes are the second largest crop grown in Washington; and

WHEREAS, Washington state produces more potatoes per acre than anywhere else in the world; and

WHEREAS, There are nearly three hundred proud potato growers in the state of Washington harvesting nearly one hundred sixty-five thousand acres of potatoes each year; and

WHEREAS, Eighty-seven percent of potatoes are sold to processors who carefully and lovingly transform them into golden fries, crunchy chips, and whipped and creamy mashed potatoes; and

WHEREAS, Due to the long, warm days and cool nights in the mineral-rich volcanic soil of the Columbia Basin, potatoes grow up to be the light, fluffy, high-solids potatoes known worldwide; and

WHEREAS, Nearly nine out of every ten potatoes is marketed outside of Washington state, with a significant portion of these going to overseas markets;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives acknowledge and honor the women and men who plant, grow, harvest, and process potatoes in Washington state and who have contributed so much to the strength and vitality of our state and its economy, the character of our communities, and the general well-being of our citizens; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Washington State Potato Commission and to Washington potato lovers everywhere.

Representative Holmquist moved the adoption of the resolution.

Representatives Holmquist, Linville, Schoesler and Darneille spoke in favor of the adoption of the resolution.

House Resolution No. 4711 was adopted.

SECOND READING

HOUSE BILL NO. 1144, by Representatives Kessler, Tokuda, Ogden, Keiser, Cody, Santos, Edmonds, Kenney, Linville, Darneille, O'Brien, Ruderman, Rockefeller, Dickerson, McDermott, Edwards, Conway, Schual-Berke, Jackley, Lovick, McIntire and Haigh

Modifying good cause reasons for failure to participate in the WorkFirst program.

The bill was read the second time. There being no objection, Substitute House Bill No. 1144 was substituted for House Bill No. 1144 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1144 was read the second time.

Representative Tokuda moved the adoption of amendment (242):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 74.08A.270 and 1997 c 58 s 314 are each amended to read as follows:

(1) Good cause reasons for failure to participate in WorkFirst program components include:(( (1) ))(a) Situations where the recipient is a parent or other relative personally providing care for a child under the age of six years, and formal or informal child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department fails to provide such care; or (((2) until June 30, 1999, if))(b) the recipient is a parent with a child under the age of one year, except that at the time a child reaches the age of three months, the recipient is required to participate in one of the following for up to twenty hours per week:

(i) Instruction or training which has the purpose of improving parenting skills or child well-being; or

(ii) Preemployment or job readiness training; or

(iii) Course study leading to a high school diploma or GED.

(2) Nothing in this section shall prevent a recipient from participating fully in the WorkFirst program on a voluntary basis. A recipient who chooses to participate fully in the WorkFirst program shall be considered to be fulfilling the requirements of this section.

(3) For any recipient who claims a good cause reason for failure to participate in the WorkFirst program based on the fact that the recipient has a child under the age of one year, the department shall, within existing resources, conduct an assessment of the recipient within ninety days and before a job search component is initiated in order to determine if the recipient has any specific service needs or employment barriers. The assessment may include identifying the need for substance abuse treatment, mental health treatment or domestic violence services, and shall be used in developing the recipient’s individual responsibility plan.

(4) A parent may only receive ((this)) the exemption ((for a total of twelve months, which may be consecutive or nonconsecutive; or (3) after June 30, 1999, if the recipient is a parent with a child under three months of age))under subsection (1)(b) one time, for one child."

Representative Tokuda moved the adoption of amendment (244) to amendment (242):

On page 1 of the striking amendment, line 22, after "GED" insert "; or

(iv) Volunteering in a child care facility licensed under chapter 74.15 RCW so long as the child care facility agrees to accept the recipient as a volunteer and the child without compensation while the parent is volunteering at the facility. The volunteer recipient and his or her child shall not be counted for the purposes of determining licensed capacity or the staff to child ratio of the facility"

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

The amendment to amendment (242) was adopted.

With the consent of the House, amendments (205), (081), (202), (177) and (243) were withdrawn.

The Speaker stated the question before the House to be amendment (242) as amended to Engrossed Substitute House Bill No. 1144.

Representative Tokuda spoke in favor of the adoption of the amendment as amended.

The amendment 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 Tokuda, Kessler, Orcutt, Boldt and Bush spoke in favor of passage of the bill.

MOTION

On motion of Representative Woods, Representative Lisk was excused.

The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1144.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1144 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1, Not Voting - 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, 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. 1144, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1477, by Representatives Dunshee, Mulliken, Lantz, Rockefeller, G. Chandler, Cooper and McIntire

Allowing counties to impose taxes for emergency communication systems.

The bill was read the second time. There being no objection, Substitute House Bill No. 1477 was substituted for House Bill No. 1477 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1477 was read the second time.

With the consent of the House, amendments (182) and (274) were withdrawn.

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

Representatives Dunshee, Mulliken, Eickmeyer, Buck and Orcutt spoke in favor of passage of the bill.

Representative Nixon 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. 1477.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute House Bill No. 1477 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, 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, 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.

Voting nay: Representatives Esser and Nixon - 2.

Excused: Representative Lisk - 1.

Second Substitute House Bill No. 1477, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2315, by Representatives Cody, McDermott, Kenney and Tokuda

Providing for the registration of recreational therapists.

The bill was read the second time. There being no objection, Substitute House Bill No. 2315 was substituted for House Bill No. 2315 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2315 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 Cody and Campbell 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. 2315.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2315 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Lisk - 1.

Substitute House Bill No. 2315, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2757, by Representatives Rockefeller, Ericksen, Hunt, Doumit, Linville and Pearson

Concerning hydraulic project approval.

The bill was read the second time. There being no objection, Substitute House Bill No. 2757 was substituted for House Bill No. 2757 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2757 was read the second time.

Representative Rockefeller moved the adoption of amendment (246):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that:

(1) The department of fish and wildlife issues thousands of hydraulic project approval permits each year for hydraulic projects or work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state.

(2) The hydraulic project approval permit program can provide important habitat protection for salmon, steelhead, and trout stocks listed under the federal endangered species act.

(3) Determining the cost of processing, issuing, and implementing decisions on hydraulic project approval permit applications and whether a funding system that fairly allocates benefits to the applicant and to the public is desirable or possible.

(4) Since hydraulic project approval permit authority was first granted to the department of fish and wildlife there has been no external review and analysis of the program to determine its effectiveness.

(5) The state fish and wildlife commission should take a lead role in conducting such a review and analysis of the hydraulic project approval permit program.

NEW SECTION. Sec. 2. A new section is added to chapter 77.55 RCW to read as follows:

(1) There is hereby created the hydraulic project approval permit program technical advisory group as a subcommittee of the state fish and wildlife commission.

(2) The hydraulic project approval permit program technical advisory group shall consist of seventeen members including: One member of the commission who must serve as chair of the group; one member designated by the secretary of transportation; one member designated by the director of fish and wildlife; one member designated by the director of ecology; one member designated by the commissioner of public lands; one member representing local government designated by the association of Washington cities and the Washington state association of counties; one member designated by the Washington state public ports association; one member designated by the regional fisheries enhancement group advisory board; one member designated by the Washington state farm bureau; one member representing marine construction, designated by the building industry association of Washington and the associated general contractors of Washington; one member designated by the American council of engineering companies; one member designated by the northwest Indian fisheries commission; one member designated by aquaculture interests; two members representing environmental organizations; one member designated by commercial fishing interests; and one member designated by recreational fishing interests.

(3) Representatives from federal regulatory agencies, including the United States army corps of engineers, the environmental protection agency, the national marine fisheries service, and the United States fish and wildlife service must be invited to participate in technical advisory group work.

(4) The committee may create technical subcommittees as needed.

(5) The commission may employ temporary staff or contract for services to provide administrative and technical assistance to the hydraulic project approval permit program technical advisory group.

NEW SECTION. Sec. 3. A new section is added to chapter 77.55 RCW to read as follows:

(1) The hydraulic project approval permit program technical advisory group must conduct a study of the state hydraulic project approval permit program to determine:

(a) If there are clear statutory and administrative goals for the program;

(b) Whether the activities, projects, and physical areas covered by the program are clearly delineated in statute;

(c) Whether there is redundancy, duplication, or conflict between federal, state, or local regulatory programs of similar nature;

(d) Whether the hydraulic project approval permit program is being administered in an economical, cost-effective manner and whether there are system efficiencies that can be used to improve program performance in protecting fish life and processing permits;

(e) Consistency of hydraulic project approval permit program implementation from region to region of the state;

(f) The effectiveness of hydraulic project approval permit conditions and mitigation requirements in terms of protecting fish life;

(g) The adequacy of hydraulic project approval permit monitoring to ensure that the protection of fish life is being achieved;

(h) If currently available training and education programs are adequate and appropriate for educating department personnel responsible for adopting, implementing, and enforcing the hydraulic code and industry and other groups responsible for complying with hydraulic program requirements;

(i) Whether the hydraulic appeals board process and membership under RCW 77.55.170 can be modified to improve the hydraulic appeals process; and

(j) Based on findings from (c) through (e) of this subsection, whether existing funding sources:

(i) Are adequate for program workload; and

(ii) Fairly distribute program costs and benefits between the general taxpayer and program applicants.

(2) Once the hydraulic project approval permit program technical advisory group has concluded review of the existing program and the areas listed in subsection (1) of this section, the group must develop and provide a report to the commission, the governor, and the legislature that provides recommendations for administrative and statutory changes to improve the program, and appropriate funding sources for the program. However, projects whose sole purpose is to restore and enhance habitat are exempt from the payment of fees. The report must also identify outcome-based performance measures to improve the timeliness of permit issuance, service delivery, and client satisfaction.

(3) For those recommendations that do not receive the unanimous support of the hydraulic project approval permit program technical advisory group, a list of options for addressing the identified issue must be provided as part of the report.

(4) Any recommendations of the hydraulic project approval permit program technical advisory group concerning fees must be consistent with the direction provided in RCW 76.09.030(2) to work for the integration of the forest practices and hydraulic permitting processes. It is the legislature's intent that no hydraulic permit fees be charged once these two permitting processes are integrated.

(5) The final report of the hydraulic project approval permit program technical advisory group must be provided to the commission, the governor, and the appropriate committees of the legislature by November 15, 2002."

Correct the title.

Representatives Rockefeller and Ericksen 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 Ericksen 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. 2757.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2757 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Lisk - 1.

Engrossed Substitute House Bill No. 2757, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2629, by Representatives Wood, Conway, Kenney, Dickerson and Lysen

Regulating elevator contractors and mechanics.

The bill was read the second time. There being no objection, Substitute House Bill No. 2629 was substituted for House Bill No. 2629 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2629 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.

Representative Wood spoke in favor of passage of the bill.

Representatives Clements and Schoesler spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Substitute House Bill No. 2629.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2629 and the bill passed the House by the following vote: Yeas - 59, Nays - 38, Absent - 0, Excused - 1.

Voting yea: Representatives Armstrong, Berkey, Cairnes, Campbell, Chase, Clements, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Ericksen, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, McMorris, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Skinner, Sommers, Sullivan, Tokuda, Upthegrove, Van Luven, Veloria, Wood and Mr. Speaker - 59.

Voting nay: Representatives Ahern, Alexander, Anderson, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Carrell, Casada, Chandler, Cox, Crouse, DeBolt, Delvin, Dunn, Esser, Holmquist, Jarrett, Mastin, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Sump, Talcott and Woods - 38.

Excused: Representative Lisk - 1.

Substitute House Bill No. 2629, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2309, by Representatives Cody, Campbell, Schual-Berke, Darneille, Edwards and Kenney; by request of Department of Health

Concerning the authority of the Washington state board of denturists.

The bill was read the second time. There being no objection, Substitute House Bill No. 2309 was substituted for House Bill No. 2309 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2309 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 Cody and Campbell 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. 2309.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2309 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Lisk - 1.

Substitute House Bill No. 2309, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2759, by Representatives Buck, Hurst, Lisk, Talcott, Schoesler, Pflug, Woods and Pearson

Increasing penalties for chemical, biological, and other crimes.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Select Committee on Community Security was before the House for purpose of amendments. (For committee amendment(s), see Journal, 26^th Day, February 8, 2002.)

Representative Simpson moved the adoption of amendment (344) to the committee amendment:

On page 2, after line 3, insert the following:

"(3) "Biological agent" means any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus infectious substance, biological product, or toxin or vector, capable of causing:

(a) Death, disease, or other biological malfunction in a human, an animal, a plant, or another microorganism; or

(b) Deterioration of food, water equipment, supplies, or material of any kind; or

(4) "Chemical agent" means any weapon, device, material, or substance that is designed or intended to cause widespread death or physical injury through the release, dissemination, or impact of toxic or poisonous chemicals or precursors of toxic or poisonous materials.

(5) "Radioactive material" means any material containing, emitting, or otherwise releasing radiation or radioactivity at a level dangerous to human life.

(6) "Toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whether its origin or method of production, including:

(a) Any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or

(b) Any poisonous isomer or biological product, homolog, or derivative of such a substance.

(7) "Vector" means a living organism, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology, capable of carrying a biological agent or toxin to a host.

(8) For the purposes of this section, "explosive" has the same meaning as provided in RCW 70.74.010(3)."

Representatives Simpson and Roach spoke in favor of the adoption of the amendment to the committee amendment.

The amendment to the committee 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 Buck and Hurst spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 2759.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2759 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Lisk - 1.

Engrossed House Bill No. 2759, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2595, by Representatives Morris, Anderson, Gombosky, Cox, Edwards, Nixon, Ogden, Santos, Delvin, Veloria, Conway, Cooper, Ruderman, Wood, Kagi and Sullivan

Providing funding for wireless enhanced 911 services.

The bill was read the second time.

With the consent of the House, amendment (262) 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 Morris, Anderson, Carrell and Cox 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. 2595.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2595 and the bill passed the House by the following vote: Yeas - 86, Nays - 11, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Berkey, Buck, Cairnes, 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, Holmquist, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, Mastin, McDermott, McIntire, McMorris, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 86.

Voting nay: Representatives Ahern, Benson, Boldt, Bush, Campbell, Carrell, Crouse, Dunn, Mielke, Schindler and Van Luven - 11.

Excused: Representative Lisk - 1.

House Bill No. 2595, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2658, by Representatives Gombosky, Dunshee, Romero, Reardon, Berkey, Upthegrove, Edwards, Chase, Kenney, Linville, McIntire and Conway; by request of Governor Locke

Changing requirements regarding state and local tax to provide for municipal business and occupation tax uniformity.

The bill was read the second time. There being no objection, Substitute House Bill No. 2658 was substituted for House Bill No. 2658 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2658 was read the second time.

Representative Cairnes moved the adoption of amendment (211):

On page 2, line 23, after "commerce" insert "and downtown business associations"

Representatives Cairnes and Gombosky spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Kessler moved the adoption of amendment (212):

On page 3, beginning on line 3, strike all of subsection (2)(b) and insert the following:

"(b) A uniform, minimum small business tax threshold of at least the equivalent of twenty thousand dollars in gross income. A city may elect to deviate from this requirement by creating a higher threshold or exemption but it shall not deviate lower than the level required in this subsection. A city with a small business tax exemption or threshold in excess of that provided in this subsection prior to January 1, 2002, shall retain its current threshold;"

On page 4, beginning on line 27, strike all of section 5

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

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

Representative Cairnes spoke against adoption of the amendment.

The amendment was adopted.

Representative Santos moved the adoption of amendment (213):

On page 10, line 15, after "impacts." insert "The department shall also examine the impacts of allocation and apportionment alternatives on businesses operating in both single and multiple local jurisdictions."

Representatives Santos and Cairnes spoke in favor of the adoption of the amendment.

The amendment was adopted.

Representative Santos moved the adoption of amendment (214):

On page 10, beginning on line 16, strike all of subsection (2) and insert the following:

"(2) By January 1, 2005, the model ordinance shall be amended solely for the purpose of adopting a provision for apportionment and allocation of business income."

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

Representative Cairnes spoke against adoption of the amendment.

The amendment was adopted.

Representative Morris moved the adoption of amendment (251):

On page 11, beginning on line 1, after "(1)" strike everything through "incident." on line 5 and insert "A city, code city, or town shall not impose a tax measured by "gross proceeds of sales," "gross income of the business," or "value proceeding or accruing," as those terms are used in chapter 82.04 RCW, upon any intellectual property creating activity as a taxable incident, unless the city, code city, or town imposed such a tax on January 1, 2002. Effective January 1, 2004, all cities, code cities, and towns are prohibited from imposing a tax measured by "gross proceeds of sales," "gross income of the business," or "value proceeding or accruing," as those terms are used in chapter 82.04 RCW, upon any intellectual property creating activity as a taxable incident."

On page 11, line 25, strike "takes effect July 1, 2003." and insert "is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

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

Representative Cairnes spoke against the adoption of the amendment.

Division was demanded. The Speaker divided the House. The results of the division was 50-YEAS; 47-NAYS. The amendment was adopted.

With the consent of the House, amendment (258) was withdrawn.

Representative Cairnes moved the adoption of amendment (123):

Strike everything after the enacting clause and insert:

"NEW SECTION. Sec. 1. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds that:

(a) Businesses in Washington are concerned about the potential multiple taxation that arises due to the various city gross receipts taxes and the lack of uniformity among city jurisdictions;

(b) The current system of city gross receipts taxes has a negative impact on Washington's business climate by creating complexity and inconsistencies for taxpayers;

(d) Local government services contribute to a healthy business climate; and

(e) Cities have and should retain the flexibility to tailor their tax structures to meet unique local needs, but that flexibility must be balanced with predictability and ease of administration of city gross receipts taxes.

(2) Therefore, it is the intent of the legislature to:

(a) Require cities that impose a gross receipts tax to adopt a model ordinance that creates a more uniform system of city gross receipts taxes;

(b) Eliminate any potential for multiple taxation of the same gross income;

(c) Make city gross receipts taxes simpler, more predictable, and easier to administer, while allowing for some continued local control and flexibility for cities.

NEW SECTION. Sec. 2. MUNICIPAL GROSS RECEIPTS TAX--LIMITED SCOPE. Sections 3 through 15 of this act do not apply to gross receipts taxes on business activities that, before February 1, 2002, have been historically or traditionally taxed as a utility business for municipal tax purposes such as:

(1) A light and power business or a natural gas distribution business, as defined in RCW 82.16.010;

(2) A telephone business, as defined in RCW 82.04.065;

(3) Cable television services;

(4) Sewer or water services;

(5) Drainage services;

(6) Solid waste services; or

(7) Steam services.

NEW SECTION. Sec. 3. MUNICIPAL GROSS RECEIPTS TAX--DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Business" has the same meaning as that provided in RCW 82.04.140.

(2) "City" means a city, town, or code city.

(3) "Business and occupation tax" or "gross receipts tax" means a tax which is imposed on or measured by the value of products, the gross income of the business, or the gross proceeds of sales, as the case may be and which is also not, pursuant to law or custom, separately stated from the sales price. As used throughout this chapter, the terms "value of products," "gross income of the business," and "gross proceeds of sales" have the same meaning as those provided in chapter 82.04 RCW.

(4) "Local jurisdiction" means any city, town, code city, county, municipal district or corporation, political subdivision, Indian reservation, or federal area located in the state of Washington.

NEW SECTION. Sec. 4. MUNICIPAL GROSS RECEIPTS TAX--MODEL ORDINANCE. (1)(a) The association of Washington cities shall form a model ordinance development committee made up of a representative sampling of large, medium, and small cities that currently impose a gross receipts tax. By September 1, 2003, this committee shall develop and adopt a model ordinance regarding municipal gross receipts taxes in accordance with the provisions of this chapter. The committee shall develop the model ordinance and any subsequent amendments using a process that includes substantial input from business stakeholders and other members of the public. Input shall be solicited from statewide business associations and from local chambers of commerce and downtown business associations in cities that levy a gross receipts tax.

(b) The municipal research and services center shall post the officially adopted version of the model ordinance and a summary of any stakeholder input on its internet web site and shall have paper copies available upon request. Additionally, a city that imposes a gross receipts tax must make copies of its full and complete gross receipts tax ordinance available in both electronic and paper form. The model ordinance and accompanying information shall also be made available to the department of revenue taxpayer information services division and the department of licensing master license program.

(c) The definitions and tax classifications provided in the model ordinance may not be amended more frequently than once every four years. However, the model ordinance may be amended at any time to comply with changes in state law. Any amendment made to the model ordinance under this subsection (1)(c) shall be posted on the internet web site of the municipal research and services center at least one hundred twenty days prior to the effective date of the amendment. In addition, any amendment to a mandatory provision of the model ordinance must be uniformly adopted with the same effective date by all cities imposing a gross receipts tax.

(2) The model ordinance must contain, at a minimum, the following, mandatory provisions:

(a) The following core definitions from the state business and occupation tax: RCW 82.04.030 ("Person," "company"); RCW 82.04.040 ("Sale," "casual or isolated sale"); RCW 82.04.050 ("Sale at retail," "retail sale"); RCW 82.04.060 ("Sale at wholesale," "wholesale sale"); RCW 82.04.070 ("Gross proceeds of sales"); RCW 82.04.080 ("Gross income of the business"); RCW 82.04.090 ("Value proceeding or accruing"); RCW 82.04.100 ("Extractor"); RCW 82.04.110 ("Manufacturer"); RCW 82.04.120 ("To manufacture"); RCW 82.04.130 ("Commercial or industrial use"); RCW 82.04.140 ("Business"); RCW 82.04.150 ("Engaging in business"); and RCW 82.04.190 ("Consumer"). The incorporation of these core definitions in the model ordinance shall be construed to include, as an extension of each definition, any state level determination, regulation, interpretation, or court opinion pertaining to any one of these definitions. In addition, if the model ordinance or an individual city uses a classification, exemption, deduction or credit substantially similar to one set forth in the state's gross receipts tax system, the definitions used for the classification, exemption, deduction, or credit shall be identical to those provided in the state's gross receipts business and occupation tax system. However, this subsection (2) shall not be construed to limit any individual city's flexibility to establish its own classifications or rate structures for gross receipts tax purposes subject to the provisions of RCW 35.21.710 nor shall it be construed to reduce, limit, or eliminate a city's ability to continue to tax an activity at the rate established for an activity prior to January 1, 2002, pursuant to either a gross receipts tax or utility tax;

(b) The system of credits contained in section 6 of this act and a form for such use;

(c) A uniform, minimum small business tax exemption of at least the equivalent of twenty-five thousand dollars in gross income. A city may elect to deviate from this requirement by creating a higher threshold, but it shall not deviate lower than the level required in this subsection (2)(c). A city with a small business tax exemption or threshold in excess of that provided in this subsection (2)(c) prior to January 1, 2001, shall retain its current threshold;

(d) Tax reporting frequencies that meet the requirements of section 8 of this act;

(e) Penalty and interest provisions that meet the requirements of sections 9 and 10 of this act;

(f) Claim periods that meet the requirements of section 11 of this act;

(g) Refund provisions that meet the requirements of section 12 of this act.

(3) Except for the system of credits developed to address multiple taxation under subsection (2)(b) of this section, the model ordinance may adopt its own provisions for tax exemptions, tax credits, and tax deductions.

(4) In drafting the mandatory definitions required under subsection (2)(a) of this section, the committee established in subsection (1)(a) of this section shall, by December 1, 2003, develop recommendations to the legislature regarding possible amendments to the state's gross receipts tax definitions to make them more clear, concise, understandable, and easier to administer as part of the model ordinance.

NEW SECTION. Sec. 5. MUNICIPAL GROSS RECEIPTS TAX--MODEL ORDINANCE ADOPTION REQUIRED. (1) A city with a population of fifty thousand or more and imposing a gross receipts tax must adopt and implement, at a minimum, the mandatory provisions of the model ordinance provided in section 4 of this act by January 1, 2004. However, if a definition required to be adopted as a mandatory provision of the model ordinance under section 4(2)(a) of this act would cause a city with a population of fifty thousand or more to lose more than ten percent of the total gross receipts taxes received by that city, the city may delay the adoption of that particular definition until January 1, 2005.

(2) A city with a population of less than fifty thousand and imposing a gross receipts tax must adopt and implement, at a minimum, the mandatory provisions of the model ordinance provided in section 4 of this act by January 1, 2005. However, if a definition required to be adopted as a mandatory provision of the model ordinance under section 4(2)(a) of this act would cause a city with a population of less than fifty thousand to lose more than ten percent of the total gross receipts taxes received by that city, the city may delay the adoption of that particular definition until January 1, 2006.

(3) While it is the intent of the legislature to allow some deviation from the nonmandatory provisions of the model ordinance, cities are encouraged to deviate as little as possible from the nonmandatory portions of the model ordinance to maintain the highest degree of uniformity among the cities imposing a gross receipts tax. If a city chooses to deviate from the nonmandatory provisions of the model ordinance, the deviation should be noted along with an explanatory statement regarding the deviation. Both the deviation and the explanatory statement shall then be placed in a centralized depository such as the municipal research and services center to provide taxpayers with quick access to all deviations in both paper and electronic form.

NEW SECTION. Sec. 6. MUNICIPAL GROSS RECEIPTS TAX--MULTIPLE TAXATION--CREDIT SYSTEM. (1) It is the intent of the legislature in providing the system of credits in subsections (3)(a) and (b) of this section to eliminate any circumstance that would result in any city or multiple cities imposing a gross receipts business and occupation tax on greater than one hundred percent of the gross income of the business.

(2)(a) Persons who engage in business activities that are within the purview of more than one classification of a gross receipts business and occupation tax shall be taxable under each applicable classification.

(b) Notwithstanding anything to the contrary in this section, if imposition of the tax would place an undue burden upon interstate commerce or violate other constitutional requirements, a taxpayer shall be allowed a credit to the extent necessary to preserve the validity of the tax.

(3)(a) Every person engaged in manufacturing activities is allowed a credit against the measure of tax of any manufacturing gross receipts tax imposed by a local jurisdiction for any portion of the measure of tax which has been previously subjected to a local jurisdiction gross receipts tax on either extracting or previously performed manufacturing activities.

(b) Every person engaged in making retail or wholesale sales is allowed a credit against the measure of tax of any retailing or wholesaling gross receipts tax imposed by a local jurisdiction for any portion of the measure of tax which has been previously subjected to a local jurisdiction gross receipts tax on either extracting or manufacturing activities.

(c) The model ordinance provided for in section 4 of this act shall be drafted to address the issue of multiple taxation for those tax classifications that are in addition to those enumerated in (a) and (b) of this subsection. The objective of any such provisions shall be to eliminate multiple taxation of the same income by two or more cities through the use of credits against the measure of tax.

NEW SECTION. Sec. 7. MUNICIPAL GROSS RECEIPTS TAX--NEXUS. A city may not impose a gross receipts tax on a person unless that person has nexus with the city. For the purposes of this section, the term "nexus" means business activities conducted by a person sufficient to subject that person to the taxing jurisdiction of a city under the standards established for interstate commerce under the commerce clause of the United States Constitution.

NEW SECTION. Sec. 8. MUNICIPAL GROSS RECEIPTS TAX--REPORTING FREQUENCY. A city that imposes a gross receipts tax shall allow reporting and payment of tax on a monthly, quarterly, or annual basis. The frequency for any particular person may be assigned at the discretion of the city, except that monthly reporting may be assigned only if it can be demonstrated that the taxpayer is remitting excise tax to the state on a monthly basis. For persons assigned a monthly frequency, payment is due within the same time period provided for monthly taxpayers under RCW 82.32.045(1). For persons assigned a quarterly or annual frequency, payment is due within the same time period as provided for quarterly or annual frequency under RCW 82.32.045(2).

NEW SECTION. Sec. 9. MUNICIPAL GROSS RECEIPTS TAX--PENALTIES AND INTEREST. (1) A city that imposes a gross receipts tax shall compute interest charged a taxpayer on an underpaid tax or penalty in accordance with RCW 82.32.050.

(2) A city that imposes a gross receipts tax shall compute interest paid on refunds or credits of amounts paid or other recovery allowed a taxpayer in accordance with RCW 82.32.060.

NEW SECTION. Sec. 10. MUNICIPAL BUSINESS AND OCCUPATION TAX--PENALTIES. A city that imposes a gross receipts tax shall provide for the imposition of penalties as follows:

(1) If payment of any tax due on a return to be filed by a taxpayer is not received by the city by the due date, the taxpayer shall be charged a penalty equivalent to that provided in RCW 82.32.090(1).

(2) If payment of any tax assessed by the city is not received by the city by the due date specified in the notice, or any extension, the city shall add a penalty equivalent to that provided in RCW 82.32.090(2).

(3) If a warrant is issued by the city for the collection of taxes, increases, and penalties, a penalty equivalent to that provided in RCW 82.32.090(3) shall be added to it.

(4) If the city, code city, or town finds that all or any part of a deficiency resulted from the disregard of specific written instructions as to reporting or tax liabilities, the city shall add a penalty equivalent to that provided in RCW 82.32.090(4). A taxpayer disregards specific written instructions when the city has informed the taxpayer in writing of the taxpayer's tax obligations and the taxpayer fails to act in accordance with those instructions unless the city has not issued final instructions because the matter is under appeal. The city shall not assess the penalty under this section upon any taxpayer who has made a good faith effort to comply with the specific written instructions provided by the city to that taxpayer. Specific written instructions may be given as a part of a tax assessment, audit, determination, or closing agreement, provided that specific written instructions apply only to the taxpayer addressed or referenced on the documents. Any specific written instructions by the city shall be clearly identified as such and shall inform the taxpayer that failure to follow the instructions may subject the taxpayer to the penalties imposed by this subsection.

(5) If the city finds that all or any part of the deficiency resulted from an intent to evade the tax, a further penalty equivalent to that provided in RCW 82.32.090(5) shall be added.

(6) The aggregate of penalties imposed under subsections (1), (2), and (3) of this section shall not exceed the limit for penalties provided in RCW 82.32.090(6). This subsection does not prohibit or restrict the application of other penalties authorized by law.

(7) The city may not impose both the evasion penalty and the penalty for disregarding specific written instructions on the same tax found to be due.

(8) For the purposes of this section, "return" means any document a person is required by the city to file to satisfy or establish a tax obligation that is administered by the city and that has a due date defined by ordinance.

NEW SECTION. Sec. 11. MUNICIPAL GROSS RECEIPTS TAX--CLAIM PERIOD. The provisions relating to the time period allowed for an assessment or correction of an assessment for additional taxes, penalties, or interest shall be substantially identical to those provided in RCW 82.32.050(3).

NEW SECTION. Sec. 12. MUNICIPAL GROSS RECEIPTS TAX--REFUND PERIOD. The provisions relating to the time period allowed for a refund of taxes paid shall be substantially identical to those provided in RCW 82.32.060 (1) and (2).

NEW SECTION. Sec. 13. MUNICIPAL GROSS RECEIPTS TAX--APPORTIONMENT PROVISIONS. (1) For the purposes of apportioning or allocating gross income of the business for city gross receipts taxes:

(a) The total tax measure apportioned or allocated to all applicable local jurisdictions shall not exceed the total tax measure computed by the state for the purpose of state gross receipts taxation.

(b) All state and federal constitutional provisions and laws pertaining to the establishment of due process and commerce clause protections for the taxation of interstate commerce are duly applicable to the establishment of due process and commerce clause protections for the taxation of intrastate commerce.

(2) The following specific guidelines shall be applied by any city that imposes a gross receipts tax:

(a) For the purposes of imposing a gross receipts tax on extracting, manufacturing, or processing for hire activities, the activities are subject to tax in the local jurisdiction where the activities occur. If the activities occur in more than one local jurisdiction, the activities are consistently, equitably, and reasonably apportioned between or among those local jurisdictions even though the taxpayer may not have an office or other permanent place of business in each jurisdiction.

(b) For the purposes of imposing a gross receipts tax on retail sales, all sales are subject to tax in the local jurisdiction where the sales occur. For the purposes of determining where a retail sale occurs under this subsection (2)(b), the methods provided in RCW 82.14.020 (1) through (5) for determining where a retail sale occurs apply.

(c) For the purposes of imposing a gross receipts tax on wholesale sales, all sales are subject to tax in the local jurisdiction where the sales occur. For the purposes of determining where a wholesale sale occurs under this subsection, the methods provided in RCW 82.14.020 (1) through (5) for determining where a retail sale occurs apply as if the wholesale sale was a retail sale.

(d) For the purposes of imposing a gross receipts tax on any person rendering services, other than services defined as a retail sale under RCW 82.04.050, the services are subject to tax in the local jurisdiction where the services were primarily performed. If the person rendering services performs substantial service activities in more than one local jurisdiction, the person shall apportion to each local jurisdiction that portion of the total gross income that is derived from services rendered in each local jurisdiction. Where apportionment cannot be accurately made by separate accounting methods, the person shall apportion to each local jurisdiction that proportion of the total gross income which is derived from services which the cost of performing the services within a local jurisdiction bears to the total cost of performing the services in all local jurisdictions. The city shall apportion the gross receipts derived from services even though the taxpayer may not have an office or other permanent place of business in each jurisdiction where it performs the services.

(e) Under no circumstances may a business apportion or allocate gross receipts to a jurisdiction in which it has no nexus for tax purposes.

(f) Upon the effective date of this section, the model ordinance developed under section 4 of this act shall not contain any provisions relating to the apportionment or allocation of gross income.

NEW SECTION. Sec. 14. MUNICIPAL GROSS RECEIPTS TAX--APPORTIONMENT PROVISIONS STUDY. The department of revenue shall work with the association of Washington cities and the business community to study the possible impacts of section 13 of this act regarding the issues of apportionment and allocation of income as they relate to cities, businesses engaged in business solely within the boundaries of a single, local jurisdiction, and businesses engaged in business within multiple local jurisdictions. In conducting the study, the department shall perform an independent analysis of the specific revenue impacts to cities, if any, which may occur when section 13 of this act is implemented. If the department determines that revenue impacts are anticipated as a result of the implementation of section 13 of this act, it shall, on January 1, 2004, make recommendations to the governor and the fiscal committees of the legislature regarding actions the legislature could take to mitigate the financial impact. In addition to methods offered by the department to financially mitigate any impact, the recommendations may also include the substantive alteration or repeal of section 13 of this act.

NEW SECTION. Sec. 15. MUNICIPAL GROSS RECEIPTS TAX--IMPLEMENTATION BY CITIES--CONTINGENT AUTHORITY. A city that has not complied with the model ordinance adoption requirements of section 5 of this act may not impose a gross receipts tax on business activities subject to the mandatory provisions of the model ordinance.

NEW SECTION. Sec. 16. MUNICIPAL GROSS RECEIPTS TAX--PREEMPTION OF GROSS RECEIPTS TAXATION OF INTELLECTUAL PROPERTY. (1) A city shall not impose a gross receipts tax upon any intellectual property creating activity. However, nothing in this section shall be construed to prohibit a city from imposing a gross receipts tax on the sale of tangible personal property or services that include the benefits from intellectual property creating activities.

(2) For the purposes of this section, "intellectual property creating activity" means research, development, authorship, creation, or general or specific inventive activity without regard to whether the intellectual property creating activity results in the creation of patents, trademarks, trade secrets, matter subject to copyright, or any other intellectual property.

Sec. 17. RCW 82.32.060 and 1999 c 358 s 13 are each amended to read as follows:

(1) If, upon receipt of an application by a taxpayer for a refund or for an audit of the taxpayer's records, or upon an examination of the returns or records of any taxpayer, it is determined by the department that within the statutory period for assessment of taxes, penalties, or interest prescribed by RCW 82.32.050 any amount of tax, penalty, or interest has been paid in excess of that properly due, the excess amount paid within, or attributable to, such period shall be credited to the taxpayer's account or shall be refunded to the taxpayer, at the taxpayer's option. Except as provided in subsections (2) and (3) of this section, no refund or credit shall be made for taxes, penalties, or interest paid more than four years prior to the beginning of the calendar year in which the refund application is made or examination of records is completed.

(2) The execution of a written waiver under RCW 82.32.050 or 82.32.100 shall extend the time for making a refund or credit of any taxes paid during, or attributable to, the years covered by the waiver if, prior to the expiration of the waiver period, an application for refund of such taxes is made by the taxpayer or the department discovers a refund or credit is due.

(3) Notwithstanding the foregoing limitations there shall be refunded or credited to taxpayers engaged in the performance of United States government contracts or subcontracts the amount of any tax paid, measured by that portion of the amounts received from the United States, which the taxpayer is required by contract or applicable federal statute to refund or credit to the United States, if claim for such refund is filed by the taxpayer with the department within one year of the date that the amount of the refund or credit due to the United States is finally determined and filed within four years of the date on which the tax was paid: PROVIDED, That no interest shall be allowed on such refund.

(4) Any such refunds shall be made by means of vouchers approved by the department and by the issuance of state warrants drawn upon and payable from such funds as the legislature may provide. However, taxpayers who are required to pay taxes by electronic funds transfer under RCW 82.32.080 shall have any refunds paid by electronic funds transfer.

(5) Any judgment for which a recovery is granted by any court of competent jurisdiction, not appealed from, for tax, penalties, and interest which were paid by the taxpayer, and costs, in a suit by any taxpayer shall be paid in the same manner, as provided in subsection (4) of this section, upon the filing with the department of a certified copy of the order or judgment of the court.

(a) Interest at the rate of three percent per annum shall be allowed by the department and by any court on the amount of any refund, credit, or other recovery allowed to a taxpayer for taxes, penalties, or interest paid by the taxpayer before January 1, 1992. This rate of interest shall apply for all interest allowed through December 31, 1998. Interest allowed after December 31, 1998, shall be computed at the rate as computed under RCW 82.32.050(2). The rate so computed shall be adjusted on the first day of January of each year for use in computing interest for that calendar year.

(b) For refunds or credits of amounts paid or other recovery allowed to a taxpayer after December 31, 1991, the rate of interest shall be the rate as computed for assessments under RCW 82.32.050(2) less one percent. This rate of interest shall apply for all interest allowed through December 31, 1998. Interest allowed after December 31, 1998, shall be computed at the rate as computed under RCW 82.32.050(2). The rate so computed shall be adjusted on the first day of January of each year for use in computing interest for that calendar year.

(6)(a) Interest allowed on a credit notice or refund issued after July 1, 2002, shall be computed from the last day of each calendar year containing the overpayment, and the last day of the final month included in a credit notice or refund if not the end of a calendar year.

(b) The department's credit notices shall include any applicable interest. Interest allowed with a credit notice shall accrue up to the date the taxpayer could reasonably be expected to use the credit notice, as defined by the department's rules.

(c) If a credit notice is converted to a refund, interest shall be recomputed to the date the refund is issued, but not to exceed the amount of interest that would have been allowed with the credit notice.

NEW SECTION. Sec. 18. CAPTIONS. Captions used in this act are not any part of the law.

NEW SECTION. Sec. 19. CODIFICATION. Sections 1 through 16, 18, and 20 of this act constitute a new chapter in Title 35 RCW.

NEW SECTION. Sec. 20. EFFECTIVE DATES. (1) Section 13 of this act takes effect January 1, 2005.

(2) Section 17 of this act takes effect July 1, 2002."

Correct the title.

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

Representative Gombosky spoke against the adoption of the amendment.

Division was demanded. The Speaker divided the House. The results of the division was 47-YEAS; 50-NAYS. The amendment was not 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 Gombosky, Santos, Dickerson, Kessler, Ruderman, Morris, McIntire, Linville and Gombosky (again) spoke in favor of passage of the bill.

Representatives Cairnes, Roach, Orcutt, DeBolt, Mielke, Ahern, Boldt, Benson, Nixon, Ericksen and Morell 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. 2658.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2658 and the bill passed the House by the following vote: Yeas - 51, Nays - 46, 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, McMorris, Miloscia, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood and Mr. Speaker - 51.

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, Mastin, Mielke, Mitchell, Morell, Mulliken, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven and Woods - 46.

Excused: Representative Lisk - 1.

Engrossed Substitute House Bill No. 2658, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote NAY on Engrossed Substitute House Bill No. 2658.

CATHY MCMORRIS, 7^th District

HOUSE BILL NO. 1555, by Representatives Dunshee, Mulliken, Cooper, Cairnes, Kirby and Mielke

Adopting state building codes.

The bill was read the second time. There being no objection, Substitute House Bill No. 1555 was substituted for House Bill No. 1555 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1555 was read the second time.

With the consent of the House, amendments (261), (295), (347), (332) and (296) were withdrawn.

Representative Dunshee moved the adoption of amendment (253):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that the promotion of the public health, safety, and welfare of the occupants and users of buildings and structures and the general public is accomplished through the adoption of codes, standards, and regulations that regulate the construction, reconstruction, and repair of residential, commercial, and industrial buildings and structures. The legislature further finds that regulation of the construction, reconstruction, and repair of residential, commercial, and industrial buildings and structures is best accomplished through the application of a state-wide building code."

Correct the title.

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

Representatives Cairnes, Matson, Bush and Boldt spoke against 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 Dunshee spoke in favor of passage of the bill.

Representatives Mulliken, Carrell 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. 1555.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1555 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, 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.

Engrossed Substitute House Bill No. 1555, having received the necessary constitutional majority, was declared passed.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on Engrossed Substitute House Bill No. 1555.

JIM DUNN, 17^th District

HOUSE BILL NO. 2466, by Representatives Morell, Kirby, Edwards, Darneille, Van Luven, Anderson, Simpson, Talcott, Hunt, Esser, Ahern, Carrell, Jarrett, Bush, Boldt, Casada and Woods

Revising the multiple-unit dwellings property tax exemption.

The bill was read the second time. There being no objection, Substitute House Bill No. 2466 was substituted for House Bill No. 2466 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2466 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 Morell, 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 Substitute House Bill No. 2466.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2466 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Lisk - 1.

Substitute House Bill No. 2466, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2500, by Representatives Hunt, Romero, Anderson and Miloscia

Improving notice to rule-making petitioners.

The bill was read the second time.

Representative Romero moved the adoption of amendment (248):

On page 1, line, 16, after "and" strike "in any" and insert "by any relevant"

Representatives Romero and McMorris 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 Hunt spoke in favor of passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 2500.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2500 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Lisk - 1.

Engrossed House Bill No. 2500, having received the necessary constitutional majority, was declared passed.

SUBSTITUTE HOUSE BILL NO. 1759, by House Committee on Health Care (originally sponsored by Representatives Darneille, Schual-Berke, McDermott, Santos, Murray, Tokuda and Wood)

Allowing for the sale of hypodermic syringes and needles to reduce the transmission of bloodborne diseases.

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 Darneille and Campbell 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. 1759.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1759 and the bill passed the House by the following vote: Yeas - 75, Nays - 22, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Anderson, Armstrong, Ballasiotes, Berkey, Buck, Cairnes, Campbell, Casada, Chase, Clements, Cody, Conway, Cooper, Cox, Darneille, DeBolt, Delvin, 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, Miloscia, Mitchell, Morell, Morris, Murray, Nixon, O'Brien, Ogden, Pearson, Pflug, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, Woods and Mr. Speaker - 75.

Voting nay: Representatives Ahern, Ballard, Barlean, Benson, Boldt, Bush, Carrell, Chandler, Crouse, Dunn, Ericksen, Esser, Holmquist, McMorris, Mielke, Mulliken, Orcutt, Roach, Schindler, Sump, Talcott and Van Luven - 22.

Excused: Representative Lisk - 1.

Substitute House Bill No. 1759, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2495, by Representatives Mulliken, Dunshee, Edwards, Miloscia and Casada

Updating outdated fire district statutes to increase efficiency.

The bill was read the second time. There being no objection, Substitute House Bill No. 2495 was substituted for House Bill No. 2495 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2495 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 Mulliken and Morris 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. 2495.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 2495 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

Excused: Representative Lisk - 1.

Substitute House Bill No. 2495, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2607, by Representatives McDermott, Armstrong, Ruderman, Rockefeller, Campbell, Conway, Cody, Pearson, Esser and Kenney

Requiring physical examinations prior to participation in interscholastic athletic activities.

The bill was read the second time.

There being no objection, the committee amendment(s) by the Committee on Education was adopted. (For committee amendment(s), see Journal, 26^th Day, February 8, 2002.)

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 McDermott, Campbell and Schindler spoke in favor of passage of the bill.

Representative Pflug spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 2607.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2607 and the bill passed the House by the following vote: Yeas - 82, Nays - 15, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Bush, Cairnes, Campbell, Carrell, Casada, Chandler, Chase, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Gombosky, Grant, Haigh, Hankins, Hatfield, Holmquist, Hurst, Jackley, Jarrett, Kenney, Kessler, Kirby, Linville, Lovick, Lysen, McDermott, McIntire, McMorris, Mielke, Miloscia, Morell, Morris, Mulliken, Murray, Nixon, O'Brien, Ogden, Pearson, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Van Luven, Veloria, Wood, Woods and Mr. Speaker - 82.

Voting nay: Representatives Anderson, Ballard, Buck, Fisher, Fromhold, Hunt, Kagi, Lantz, Mastin, Mitchell, Orcutt, Pflug, Schual-Berke, Sehlin and Skinner - 15.

Excused: Representative Lisk - 1.

Engrossed House Bill No. 2607, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 2902, by Representatives Santos, McDermott and Kenney

Affirming the authority of cities and towns to operate fire hydrants and streetlights.

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, Dunshee and Jarrett spoke in favor of passage of the bill.

Representatives Crouse and Mulliken spoke against the passage of the bill.

The Speaker stated the question before the House to be the final passage of House Bill No. 2902.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2902 and the bill passed the House by the following vote: Yeas - 65, Nays - 32, Absent - 0, Excused - 1.

Voting yea: Representatives Alexander, Barlean, Berkey, Buck, Cairnes, Carrell, Casada, Chase, Cody, Cooper, Darneille, DeBolt, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Mitchell, Morell, Morris, Murray, Nixon, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schual-Berke, Simpson, Skinner, Sommers, Sullivan, Talcott, Tokuda, Upthegrove, Veloria, Wood and Mr. Speaker - 65.

Voting nay: Representatives Ahern, Anderson, Armstrong, Ballard, Ballasiotes, Benson, Boldt, Bush, Campbell, Chandler, Clements, Conway, Cox, Crouse, Delvin, Dunn, Holmquist, Kirby, Mastin, McMorris, Mielke, Mulliken, Orcutt, Pearson, Pflug, Roach, Schindler, Schoesler, Sehlin, Sump, Van Luven and Woods - 32.

Excused: Representative Lisk - 1.

House Bill No. 2902, having received the necessary constitutional majority, was declared passed.

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

INTRODUCTION & FIRST READING

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.

HB 2976 by Representatives Roach, Casada, Bush and Carrell

AN ACT Relating to charges for surface water runoff; and amending RCW 36.89.080.

Referred to Committee on Local Government & Housing.

E2SSB 5134 by Senate Committee on Labor, Commerce & Financial Institutions (originally sponsored by Senators Kastama, Winsley and Regala)

AN ACT Relating to the mobile home landlord-tenant act; and amending RCW 59.20.030, 59.20.070, 59.20.073, and 59.20.080.

Referred to Committee on Local Government & Housing.

2SSB 5336 by Senate Committee on Ways & Means (originally sponsored by Senators Kohl-Welles, Horn, Shin, McAuliffe, B. Sheldon, Constantine and Kline)

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

Referred to Committee on Higher Education.

ESSB 5416 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Patterson, Stevens, Long, Hargrove, Rossi, Winsley, McAuliffe and Rasmussen)

AN ACT Relating to drug-affected infants; amending RCW 70.83E.020; and adding a new section to chapter 70.83E RCW.

Referred to Committee on Children & Family Services.

SB 5451 by Senators Costa, Kline, McCaslin and Kohl-Welles; by request of Attorney General

AN ACT Relating to actions for crimes of violence motivated by gender; and adding a new chapter to Title 7 RCW.

Referred to Committee on Judiciary.

2SSB 5797 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Prentice, Deccio, Fairley, Thibaudeau and Costa)

AN ACT Relating to authorizing advanced registered nurse practitioners to examine, diagnose, and treat injured workers covered by industrial insurance; amending RCW 51.04.030, 51.04.050, 51.28.010, 51.28.020, 51.28.025, 51.28.030, 51.28.055, 51.32.055, 51.32.095, 51.36.010, 51.36.060, 51.36.110, 51.48.060, and 51.52.010; reenacting and amending RCW 51.32.090; and adding a new section to chapter 51.36 RCW.

Referred to Committee on Commerce & Labor.

ESSB 5831 by Senate Committee on Natural Resources, Parks & Shorelines (originally sponsored by Senators Swecker, Fairley, Oke, Constantine, Regala, Rasmussen and Hochstatter)

AN ACT Relating to Initiative Measure No. 713; repealing RCW 77.15.192, 77.15.194, 77.15.196, and 77.15.198; repealing 2001 c 1 s 1 (Initiative Measure No. 713) (uncodified); and repealing 2001 c 1 s 6 (Initiative Measure No. 713) (uncodified).

Referred to Committee on Natural Resources.

2SSB 5909 by Senate Committee on Ways & Means (originally sponsored by Senators Fraser, Regala, Spanel and Thibaudeau)

AN ACT Relating to financial responsibility requirements for vessels and facilities; amending RCW 88.40.011, 88.40.020, 88.40.025, and 88.40.040; and creating new sections.

Referred to Committee on Agriculture & Ecology.

2SSB 5949 by Senate Committee on Transportation (originally sponsored by Senators Haugen and Swecker)

AN ACT Relating to erecting and maintaining motorist information sign panels; and adding a new section to chapter 47.36 RCW.

Referred to Committee on Transportation.

E2SSB 6034 by Senate Committee on Ways & Means (originally sponsored by Senators Fraser and Finkbeiner)

AN ACT Relating to a state wireless enhanced 911 excise tax; amending RCW 38.52.010, 38.52.530, 38.52.540, 38.52.550, 82.14B.020, 82.14B.030, 82.14B.040, 82.14B.042, 82.14B.061, and 82.14B.200; adding a new section to chapter 38.52 RCW; creating a new section; repealing RCW 38.52.560; and providing an effective date.

Referred to Committee on Finance.

SSB 6249 by Senate Committee on Transportation (originally sponsored by Senators Jacobsen, Kastama, Rasmussen and Roach)

AN ACT Relating to the Distinguished Flying Cross license plate; amending RCW 46.16.290 and 46.16.313; adding a new section to chapter 46.04 RCW; adding new sections to chapter 46.16 RCW; and creating a new section.

Referred to Committee on Transportation.

SSB 6343 by Senate Committee on Judiciary (originally sponsored by Senators Kline, Roach, Poulsen, Sheahan, Regala, Hochstatter and Oke)

AN ACT Relating to payment of traffic infraction and misdemeanor penalties; and amending RCW 46.63.110 and 46.64.025.

Referred to Committee on Judiciary.

2SSB 6353 by Senate Committee on Ways & Means (originally sponsored by Senators Haugen, Oke and Jacobsen)

AN ACT Relating to migratory bird stamps; and amending RCW 77.32.350 and 77.12.670.

Referred to Committee on Natural Resources.

ESB 6352 by Senators Gardner, Benton, Haugen, Kline, Horn and Rasmussen

AN ACT Relating to commercial drivers' offenses; amending RCW 46.63.070, 10.05.010, 10.05.015, and 46.52.130; and repealing RCW 48.30.310.

Referred to Committee on Transportation.

ESSB 6368 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Thibaudeau, Deccio and Winsley)

AN ACT Relating to development of a prescription drug education and utilization system; amending RCW 74.09.010, 41.05.011, 42.30.110, and 41.05.026; reenacting and amending RCW 42.17.310; adding new sections to chapter 41.05 RCW; adding a new section to chapter 74.09 RCW; adding a new section to chapter 43.70 RCW; adding a new section to chapter 72.09 RCW; adding new sections to chapter 43.60A RCW; adding a new section to chapter 51.36 RCW; adding a new section to chapter 69.41 RCW; creating new sections; prescribing penalties; and declaring an emergency.

Referred to Committee on Health Care.

SB 6372 by Senators Fraser and Winsley; by request of Department of Personnel

AN ACT Relating to the combined fund drive; amending RCW 41.04.035, 41.04.036, and 41.04.230; reenacting and amending RCW 43.79A.040; and adding new sections to chapter 41.04 RCW.

Referred to Committee on State Government.

ESB 6380 by Senators Winsley, Fraser, Carlson, Spanel, Jacobsen, Regala, Rasmussen, McAuliffe and Kohl-Welles; by request of Joint Committee on Pension Policy

AN ACT Relating to creating new survivor benefit division options for divorced members of the law enforcement officers' and fire fighters' retirement system, the teachers' retirement system, the school employees' retirement system, the public employees' retirement system, and the Washington state patrol retirement system; amending RCW 41.26.162, 41.50.670, 41.50.700, 41.26.460, 41.32.530, 41.32.785, 41.32.851, 41.35.220, 41.40.188, 41.40.660, 41.40.845, 43.43.270, and 43.43.271; and adding a new section to chapter 41.26 RCW.

Referred to Committee on Appropriations.

SB 6411 by Senators Kohl-Welles, McAuliffe, Carlson, B. Sheldon, Regala, Shin, Finkbeiner and Fraser; by request of The Evergreen State College

AN ACT Relating to the participation in the running start program by institutions of higher education; and amending RCW 28A.600.300.

Referred to Committee on Higher Education.

SSB 6423 by Senate Committee on Judiciary (originally sponsored by Senators Costa and McCaslin)

AN ACT Relating to use of criminal history in sentencing decisions; amending RCW 9.94A.525; reenacting and amending RCW 9.94A.030; creating new sections; and prescribing penalties.

Referred to Committee on Criminal Justice & Corrections.

SB 6425 by Senators McAuliffe, Carlson, Fairley, Kohl-Welles and Winsley

AN ACT Relating to authorizing access to school meal programs and kitchen facilities; and amending RCW 28A.235.120.

Referred to Committee on Education.

SSB 6439 by Senate Committee on State & Local Government (originally sponsored by Senators Gardner, Haugen, McCaslin and Winsley; by request of Governor Locke and Attorney General)

AN ACT Relating to exemptions from disclosure of public records for domestic security purposes; and reenacting and amending RCW 42.17.310.

Referred to Committee on Select Committee on Community Security.

ESSB 6449 by Senate Committee on Labor, Commerce & Financial Institutions (originally sponsored by Senator Kastama)

AN ACT Relating to allowing entrance and exit fees under limited circumstances; and amending RCW 59.20.060.

Referred to Committee on Local Government & Housing.

SB 6458 by Senators Long and Costa

AN ACT Relating to jury fees; and amending RCW 3.50.135, 3.62.060, 10.46.190, 12.12.030, 35.20.090, and 36.18.016.

Referred to Committee on Judiciary.

ESSB 6464 by Senate Committee on Transportation (originally sponsored by Senators Jacobsen, Horn and Kohl-Welles)

AN ACT Relating to city transportation authority; amending RCW 84.52.010 and 84.52.052; adding a new chapter to Title 36 RCW; and creating a new section.

Referred to Committee on Transportation.

SSB 6481 by Senate Committee on Labor, Commerce & Financial Institutions (originally sponsored by Senators Prentice and Winsley)

AN ACT Relating to regulating insurance for rental vehicles; adding a new chapter to Title 48 RCW; and prescribing penalties.

Referred to Committee on Financial Institutions & Insurance.

ESSB 6490 by Senate Committee on Ways & Means (originally sponsored by Senators Roach, Kline, Rasmussen, Keiser, Regala, Benton, Honeyford, Oke, Hale, McDonald, Johnson, McCaslin, Kastama, Sheahan and Stevens)

AN ACT Relating to motor vehicle theft; amending RCW 9A.56.070 and 13.40.0357; reenacting and amending RCW 9.94A.515; and prescribing penalties.

Referred to Committee on Criminal Justice & Corrections.

SSB 6496 by Senate Committee on Judiciary (originally sponsored by Senators Kohl-Welles, Kline, McCaslin and Winsley)

AN ACT Relating to vehicular pursuit by law enforcement officers; adding new sections to chapter 43.101 RCW; and creating a new section.

Referred to Committee on Criminal Justice & Corrections.

SSB 6504 by Senate Committee on Higher Education (originally sponsored by Senators Kohl-Welles, Horn, Shin, Carlson, B. Sheldon, McAuliffe, Parlette, Jacobsen, Franklin and Sheahan)

AN ACT Relating to institutions of higher education; amending RCW 28B.10.569, 28B.45.010, 28B.45.020, 28B.45.0201, 28B.45.030, 28B.45.040, 28B.45.050, 28B.80.450, 28B.80.510, 28B.101.020, 34.05.514, and 43.105.820; and reenacting and amending RCW 28B.101.040.

Referred to Committee on Higher Education.

ESSB 6528 by Senate Committee on State & Local Government (originally sponsored by Senators Keiser, Eide and Costa)

AN ACT Relating to the selection of responsible contractors bidding on public works; and adding a new chapter to Title 39 RCW.

Referred to Committee on State Government.

SSB 6534 by Senate Committee on Transportation (originally sponsored by Senators Haugen, Horn, McAuliffe, Winsley, Hale, Rasmussen and Kohl-Welles)

AN ACT Relating to creating a law enforcement memorial; amending RCW 46.16.313; adding a new section to chapter 43.79 RCW; adding a new section to chapter 46.04 RCW; and adding a new section to chapter 46.16 RCW.

Referred to Committee on Transportation.

SSB 6536 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Long and Costa)

AN ACT Relating to caseload requirements for department of social and health services personnel; and amending RCW 43.20A.010.

Referred to Committee on Children & Family Services.

SSB 6547 by Senate Committee on Transportation (originally sponsored by Senators Haugen, Johnson, Eide, Horn, Spanel, Gardner, Benton, Winsley, Hale, Regala and Hewitt)

AN ACT Relating to traffic safety education for persons under the age of eighteen; amending RCW 46.20.100, 46.20.055, 46.20.070, and 46.82.300; adding a new section to chapter 46.82 RCW; and declaring an emergency.

Referred to Committee on Transportation.

SB 6577 by Senators Gardner, Roach and Costa

AN ACT Relating to identification of subcontractors on public works contracts; amending RCW 39.30.060; and creating a new section.

Referred to Committee on State Government.

SSB 6590 by Senate Committee on Health & Long-Term Care (originally sponsored by Senators McAuliffe, Rossi and Kohl-Welles)

AN ACT Relating to improving K-12 preparedness and performance through promoting better oral health; adding new sections to chapter 43.70 RCW; adding a new section to chapter 43.20A RCW; and creating a new section.

Referred to Committee on Health Care.

SSB 6597 by Senate Committee on State & Local Government (originally sponsored by Senators Winsley, Gardner, Kohl-Welles, B. Sheldon and Keiser)

AN ACT Relating to alternative public works contracting procedures; amending RCW 39.10.051, 39.10.061, 39.10.067, and 39.10.902; and declaring an emergency.

Referred to Committee on State Government.

SSB 6598 by Senate Committee on Education (originally sponsored by Senators Kohl-Welles, Horn, Jacobsen, Winsley, Johnson, Prentice, Rossi, Hewitt, Eide, McAuliffe, Rasmussen and Finkbeiner)

AN ACT Relating to natural science and wildlife education; adding new sections to chapter 28A.300 RCW; and creating a new section.

Referred to Committee on Education.

SSB 6602 by Senate Committee on Judiciary (originally sponsored by Senators Costa, Long, Poulsen and Kastama)

AN ACT Relating to extortion in the second degree; amending RCW 9A.56.130; and creating a new section.

Referred to Committee on Criminal Justice & Corrections.

SB 6609 by Senators Snyder, Deccio, T. Sheldon, Morton, Rasmussen, Honeyford, Hale and Hargrove

AN ACT Relating to studies conducted by the department of ecology; amending RCW 43.21A.130; and creating a new section.

Referred to Committee on Agriculture & Ecology.

SB 6624 by Senators Keiser, Morton, Fraser and Hale; by request of Department of Ecology

AN ACT Relating to well construction; and amending RCW 18.104.020 and 18.104.055.

Referred to Committee on Agriculture & Ecology.

ESB 6630 by Senators Prentice, Honeyford, Rasmussen and Sheahan

AN ACT Relating to certification of electricians; and amending RCW 19.28.006, 19.28.041, 19.28.051, 19.28.061, 19.28.161, 19.28.191, 19.28.201, 19.28.211, and 19.28.241.

Referred to Committee on Commerce & Labor.

SSB 6640 by Senate Committee on Higher Education (originally sponsored by Senators Rasmussen, Swecker, Snyder, Jacobsen, Franklin, Kohl-Welles, Winsley and Roach)

AN ACT Relating to classifying members of the Washington national guard as resident students; amending RCW 28B.15.012; reenacting and amending RCW 28B.15.012 and 28B.101.040; providing an effective date; and providing an expiration date.

Referred to Committee on Higher Education.

ESSB 6641 by Senate Committee on Education (originally sponsored by Senators McAuliffe and Thibaudeau)

AN ACT Relating to accommodating children with diabetes in schools; amending RCW 18.71.030; adding a new section to chapter 28A.210 RCW; and providing an effective date.

Referred to Committee on Education.

SSB 6648 by Senate Committee on Human Services & Corrections (originally sponsored by Senator Hargrove)

AN ACT Relating to the improved early coordination of services between the department of social and health services and public safety agencies when allegations of criminal mistreatment are made; amending RCW 9A.42.040, 9A.42.045, 10.05.010, 10.05.020, 10.05.030, 10.05.040, 10.05.050, 26.44.130, and 10.05.120; adding new sections to chapter 9A.42 RCW; adding a new section to chapter 10.05 RCW; adding a new section to chapter 74.13 RCW; creating new sections; prescribing penalties; and providing an expiration date.

Referred to Committee on Criminal Justice & Corrections.

SSB 6660 by Senate Committee on Labor, Commerce & Financial Institutions (originally sponsored by Senators Prentice, Long, Kastama, Rossi, McAuliffe, McDonald, Costa, Hale, Keiser, Gardner, Oke and Rasmussen)

AN ACT Relating to protection of personal information about law enforcement officers and their families; and reenacting and amending RCW 42.17.310.

Referred to Committee on State Government.

SB 6664 by Senators Costa and Hargrove

AN ACT Relating to the department of corrections' authority to require offenders eligible for release to community custody status in lieu of earned release to propose a release plan that complies with the department's program for placing offenders in the community in lieu of early release; amending RCW 9.94A.728; creating new sections; and declaring an emergency.

Referred to Committee on Criminal Justice & Corrections.

ESSB 6665 by Senate Committee on Transportation (originally sponsored by Senators Johnson and Keiser)

AN ACT Relating to state route 167; and creating new sections.

Referred to Committee on Transportation.

SB 6698 by Senators Thibaudeau and Deccio

AN ACT Relating to exempting reflexologists from regulation as massage practitioners; amending RCW 18.108.010 and 18.108.050; and adding a new section to chapter 18.108 RCW.

Referred to Committee on Health Care.

ESB 6675 by Senators Prentice, Fairley, Rasmussen, Fraser, Keiser, Costa, Franklin and Spanel

AN ACT Relating to prohibiting health care facilities from requiring employees to perform overtime work; adding new sections to chapter 49.28 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Commerce & Labor.

ESSB 6704 by Senate Committee on Judiciary (originally sponsored by Senators Kline, Hargrove, Kastama, Winsley, Oke, Keiser and Johnson)

AN ACT Relating to the state's measured response to terrorism; amending RCW 9.94A.535, 10.95.040, 9A.04.080, 9A.20.021, 70.74.285, 9A.82.090, 9A.82.100, and 9A.82.120; reenacting and amending RCW 9.94A.030, 9.94A.515, and 9A.82.010; adding new sections to chapter 10.95 RCW; adding a new section to chapter 9A.82 RCW; adding a new section to chapter 9A.20 RCW; adding a new chapter to Title 9A RCW; creating a new section; and prescribing penalties.

Referred to Committee on Select Committee on Community Security.

E2SSB 6718 by Senate Committee on Ways & Means (originally sponsored by Senators Fraser, Finkbeiner, Regala, Keiser, Jacobsen, Poulsen and Franklin)

AN ACT Relating to state government as a leader in clean energy consumption; amending RCW 43.21F.045; adding new sections to chapter 43.21F RCW; adding a new section to chapter 43.19 RCW; and creating a new section.

Referred to Committee on Technology, Telecommunications & Energy.

SSB 6721 by Senate Committee on Ways & Means (originally sponsored by Senators West, Brown, Snyder and Kohl-Welles; by request of University of Washington)

AN ACT Relating to research by state universities; amending RCW 28B.10.022 and 39.94.040; and adding a new chapter to Title 28B RCW.

Referred to Committee on Capital Budget.

ESB 6726 by Senators Rasmussen and Honeyford

AN ACT Relating to complaints against dairy farms; and amending RCW 90.64.030.

Referred to Committee on Agriculture & Ecology.

SSB 6735 by Senate Committee on Labor, Commerce & Financial Institutions (originally sponsored by Senators Rasmussen, Prentice, Benton, Keiser, Hochstatter, Honeyford, Winsley, Gardner and Regala)

AN ACT Relating to direct deposit of unemployment compensation benefits; adding a new section to chapter 50.20 RCW; and creating a new section.

Referred to Committee on Commerce & Labor.

SB 6740 by Senators Rasmussen, Swecker, Shin and Parlette

AN ACT Relating to irrigation districts' acceptance of methods of payment; and adding a new section to chapter 87.03 RCW.

Referred to Committee on Agriculture & Ecology.

SB 6798 by Senators Horn and Gardner

AN ACT Relating to street vacations; and amending RCW 35.79.030.

Referred to Committee on Transportation.

SSJM 8029 by Senate Committee on Agriculture & International Trade (originally sponsored by Senators Kohl-Welles, Rasmussen, Swecker, Hewitt, Sheahan, Prentice, Honeyford, Hargrove, Spanel, Hale, Brown, Snyder, Haugen, McAuliffe and Kline)

Petitioning to end restrictions on trade of agricultural products with Cuba.

Referred to Committee on Trade & Economic Development.

SSJM 8036 by Senate Committee on State & Local Government (originally sponsored by Senators B. Sheldon, Shin, Carlson, Haugen, Sheahan, Spanel, Oke, Franklin, Rasmussen, Jacobsen, Eide, Winsley, Costa, T. Sheldon, Kastama, Thibaudeau, Gardner, Hale, Swecker, West, Prentice, McAuliffe, Kline, Fraser, Keiser, Johnson, Roach and Kohl-Welles)

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

Referred to Committee on State Government.

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

Representative Anderson moved that the rules be suspended and that House Bill No. 2974 be placed on the second reading calendar.

Representative Anderson spoke in favor of the procedural motion.

Representative Kessler spoke against the procedural motion.

Representative Woods demanded an electronic roll call and the demand was sustained.

MOTION

On motion by Representative Woods, Representative Cairnes was excused.

The Speaker stated the question before the House to be the procedural motion by Representative Anderson to suspend the rules and place House Bill No. 2974 on the second reading calendar.

ROLL CALL

The Clerk called the roll on the motion to suspend the rules and place House Bill No. 2974 on second reading and the motion failed the House by the following vote: Yeas - 45, Nays - 51, Absent - 0, Excused - 2.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballard, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, 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, Schmidt, Schoesler, Sehlin, Skinner, Sump, Talcott, Van Luven and Woods - 45.

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, Schindler, Schual-Berke, Simpson, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood and Mr. Speaker - 51.

Excused: Representatives Cairnes and Lisk - 2.

STATEMENT FOR THE JOURNAL

I intended to vote YEA on the motion to suspend the rules and place House Bill No. 2974 on the second reading calendar.

LYNN SCHINDLER, 4^th District

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

SECOND READING

HOUSE JOINT RESOLUTION NO. 4219, by Representatives Schual-Berke, Hatfield, Conway, Doumit, Dunshee, Veloria, Darneille, O'Brien, Ruderman, Fromhold, Cody, Chase, Morris, Dickerson, Rockefeller, Linville, Cooper, Berkey, Reardon, Hurst, Hunt, Upthegrove, Edwards, Lantz, Romero, Santos, Lysen, Kagi, McIntire, Sommers, Wood, McDermott, Haigh, Kenney, Simpson and Lovick; by request of Governor Locke and Superintendent of Public Instruction

Amending the Constitution to provide for a simple majority of voters voting to authorize school district levies.

The joint resolution was read the second time.

There being no objection, the committee amendment on page 3, line 17 was adopted. (For committee amendments by the Committee on Capital Budget, see Journal, 30^th Day, February 12, 2002.)

MOTION

Representative Murray moved that the committee amendment on page 2, line 26 be adopted.

Representatives Murray, Alexander and Mastin spoke in favor of the motion.

Representative Schual-Berke spoke against the motion.

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

The Speaker stated the question before the House to be the motion to adopt the committee amendment on page 2, line 26 to House Joint Resolution No. 4219.

ROLL CALL

The Clerk called the roll on the motion to adopt the committee amendment on page 2, line 26 to House Joint Resolution No. 4219, and the motion was not adopted by the following vote: Yeas - 47, Nays - 49, Absent - 0, Excused - 2.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Boldt, Bush, Campbell, Carrell, Casada, Chandler, Clements, Cox, Crouse, Delvin, Dunn, Ericksen, Esser, Fisher, Grant, Haigh, Hankins, Hatfield, Holmquist, Hunt, Mastin, McIntire, Mielke, Mitchell, Morell, Mulliken, Murray, Nixon, Orcutt, Pearson, Pflug, Quall, Reardon, Roach, Rockefeller, Ruderman, Schindler, Skinner, Van Luven and Woods - 47.

Voting nay: Representatives Ballard, Berkey, Buck, Chase, Cody, Conway, Cooper, Darneille, DeBolt, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fromhold, Gombosky, Hurst, Jackley, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McMorris, Miloscia, Morris, O'Brien, Ogden, Romero, Santos, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Sommers, Sullivan, Sump, Talcott, Tokuda, Upthegrove, Veloria, Wood and Mr. Speaker - 49.

Excused: Representatives Cairnes and Lisk - 2.

RECONSIDERATION

There being no objection, the House immediately reconsidered the vote by which the committee amendment on page 2, line 26 to House Joint Resolution No. 4219 was not adopted.

There being no objection, the committee amendment on page 2, line 26 to House Joint Resolution No. 4219 was adopted.

With the consent of the House, amendments (216) and (196) were withdrawn.

Representative Alexander moved the adoption of amendment (191):

On page 3, line 6, after "herein" strike all material through "proposition:" on page 3, line 11, and insert ","

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

Representative Schual-Berke spoke against 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 (191) to House Joint Resolution No. 4219.

ROLL CALL

The Clerk called the roll on the adoption of amendment (191) to House Joint Resolution No. 4219, and the amendment was not adopted by the following vote: Yeas - 37, Nays - 59, Absent - 0, Excused - 2, Not Voting - 0.

Voting yea: Representatives Ahern, Alexander, Anderson, Ballasiotes, Benson, Boldt, Buck, Bush, Campbell, Carrell, Casada, Clements, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Hankins, Jarrett, Mastin, McMorris, Mielke, Mitchell, Morell, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Sehlin, Skinner, Talcott, Van Luven, and Woods - 37.

Voting nay: Representatives Armstrong, Ballard, Barlean, Berkey, Chandler, Chase, Cody, Conway, Cooper, Darneille, Dickerson, Doumit, Dunshee, Edwards, Eickmeyer, Fisher, Fromhold, Gombosky, Grant, Haigh, Hatfield, Holmquist, Hunt, Hurst, Jackley, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Lysen, McDermott, McIntire, Miloscia, Morris, Mulliken, Murray, O'Brien, Ogden, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Simpson, Sommers, Sullivan, Sump, Tokuda, Upthegrove, Veloria, Wood, and Mr. Speaker - 59.

Excused: Representatives Cairnes, and Lisk - 2.

The bill was ordered engrossed.

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

Representatives Schual-Berke, Murray, Haigh, Rockefeller, Armstrong, Quall, Clements, Hunt, Reardon and Bush spoke in favor of passage of the joint resolution.

Representatives Alexander, Sehlin, Nixon, Talcott and Mastin spoke against the passage of the joint resolution.

The Speaker stated the question before the House to be the final passage of Engrossed House Joint Resolution No. 4219 .

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Joint Resolution No. 4219 and the bill failed the House by the following vote: Yeas - 65, Nays - 31, Absent - 0, Excused - 2, Not Voting - 0.

Voting yea: Representatives Armstrong, Ballasiotes, Berkey, Bush, Campbell, Carrell, Casada, Chase, Clements, Cody, Conway, Cooper, 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, McDermott, McIntire, Miloscia, Mitchell, Morell, Morris, Murray, O'Brien, Ogden, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schual-Berke, Simpson, Skinner, Sommers, Sullivan, Tokuda, Upthegrove, Veloria, Wood, Woods, and Mr. Speaker - 65.

Voting nay: Representatives Ahern, Alexander, Anderson, Ballard, Barlean, Benson, Boldt, Buck, Chandler, Cox, Crouse, DeBolt, Delvin, Dunn, Ericksen, Esser, Holmquist, Mastin, McMorris, Mielke, Mulliken, Nixon, Orcutt, Pearson, Pflug, Schindler, Schoesler, Sehlin, Sump, Talcott, and Van Luven - 31.

Excused: Representatives Cairnes, and Lisk - 2.

Engrossed House Joint Resolution No. 4219, having failed to received the necessary two-third votes, was declared lost.

MESSAGE FROM THE SENATE

February 19, 2002

Mr. Speaker:

The Senate has passed:

SECOND SUBSTITUTE SENATE BILL NO. 5078,

SENATE BILL NO. 5568,

SUBSTITUTE SENATE BILL NO. 6234,

SENATE BILL NO. 6338,

SENATE BILL NO. 6444,

SENATE BILL NO. 6462,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6568,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6589,

ENGROSSED SENATE BILL NO. 6682,

SUBSTITUTE SENATE BILL NO. 6719,

SUBSTITUTE SENATE BILL NO. 6748,

SENATE JOINT MEMORIAL NO. 8030,

SENATE CONCURRENT RESOLUTION NO. 8434,

and the same are herewith transmitted.

Tony M. Cook, Secretary

There being no objection, the remaining bills on the second and third reading calendars were returned to the Rules Committee.

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

MOTION

On motion of Representative Kessler, the House adjourned until 10:00 a.m., February 20, 2002, the 38th Day of the Regular Session.

FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk

1144

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

1144-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

1477

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

1477-S

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

1477-S2

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

1555

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

1555-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

1759-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

2309

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

2309-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

2315

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

2315-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

2466

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

2466-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

2495

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

2495-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

2500

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

2595

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2607

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

2629

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

2629-S

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

2658

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2658-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

2757

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

2757-S

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

2759

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2902

Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

2974

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37

2975

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

2976

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

4219

Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

4711

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

5078-S2

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

5134-S2

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

5336-S2

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

5416-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

5451

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

5568

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

5797-S2

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

5831-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

5909-S2

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

5949-S2

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

6034-S2

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

6234-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

6249-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

6338

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

6343-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

6352

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

6353-S2

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

6368-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

6372

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

6380

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

6411

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

6423-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

6425

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

6439-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

6444

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

6449-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

6458

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

6462

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

6464-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

6481-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

6490-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

6496-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

6504-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

6528-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

6534-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

6536-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

6547-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

6568-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

6577

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

6589-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

6590-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

6597-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

6598-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

6602-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

6609

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

6624

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

6630

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

6640-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

6641-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

6648-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

6660-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

6664

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

6665-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

6675

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

6682

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

6698

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

6704-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

6718-S2

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

6719-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

6721-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

6726

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

6735-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

6740

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

6748-S

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

6798

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

8029-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

8030

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

8036-S

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

8434

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

HOUSE OF REPRESENTATIVES

Statement for the Journal: Representative Dunn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

Statement for the Journal: Representative McMorris. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Statement for the Journal: Representative Schindler. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37