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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

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THIRTIETH DAY

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House Chamber, Olympia, Tuesday, February 11, 2003

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

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

MESSAGE FROM THE SENATE

February 10, 2003

Mr. Speaker:

The Senate has adopted HOUSE CONCURRENT RESOLUTION NO. 4402, and the same is herewith transmitted.

Milt H. Doumit, Secretary

RESOLUTIONS

HOUSE RESOLUTION NO.2003-4614, by Representatives Skinner, Eickmeyer, Shabro, Linville, Morris, Chandler, Lantz, Priest, Anderson, Lovick, Newhouse, Wallace, Clements, McDonald, Delvin, Bailey, Schual-Berke, Rockefeller, Kessler, Holmquist, Roach, Nixon, Cox, Ahern, Campbell, Schindler, Hankins, Mastin, Mielke, Woods, McMahan, Grant, Boldt, Orcutt, Carrell, Ruderman, Pearson, Ericksen, Talcott, Tom, Kagi, Veloria, Sullivan, Hunter, McIntire, Hudgins, Hunt, Cody, Quall, Edwards, Simpson, Murray and Upthegrove

WHEREAS, The Arts, including quality literary, performing, and visual Arts, nurture the advancement of our culture, offer personal fulfillment, promote mutual understanding, and generate jobs throughout the State of Washington; and

WHEREAS, The Arts play an essential role in maintaining the cultural, social, and economic vitality of the State of Washington and are an essential key to ensuring the future success of cultural tourism and the jobs that are created and enhanced by attracting audiences from across the nation and the world to the Northwest to enjoy and appreciate our Arts; and

WHEREAS, The Arts contribute to the economic development of our state's communities by generating millions of dollars in revenue each year through performances, projects, exhibitions, festivals, Art walks, craft fairs, and concerts; and

WHEREAS, The Arts industry informs and educates the public about the Arts as a vital component of Washington State's well-being, and encourages artistic and economic growth; and

WHEREAS, The Governor has proclaimed February 11, 2003, as ARTS DAY 2003;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor the Arts, Artists, Arts educators, and Arts agencies, facilities, organizations, and institutions of this state, for the cultural, social, and economic benefits they bring to the State of Washington and encourage all our citizens to join in celebrating the vitality and contributions of the Arts throughout our communities; and

BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Washington State Arts Commission on behalf of all the Artists, Arts educators, and Arts agencies, facilities, organizations, and institutions of this state.

HOUSE FLOOR RESOLUTION NO. 4614 was adopted.

HOUSE RESOLUTION NO.2003-4615, by Representatives Lovick, Miloscia, Haigh, Dickerson, Dunshee, Chase, O'Brien, Hinkle, Pettigrew, Cooper, Kirby, Berkey, Edwards, Lantz, Wallace, Morrell, Kessler, Clibborn, Moeller, Delvin, Skinner, Wood, Sullivan, Eickmeyer, Hudgins and Simpson

WHEREAS, Ann Rule has earned distinction as one of the most respected writers of true crime stories in America; and

WHEREAS, She is an authority on the subject due to her extensive background in law enforcement and the criminal justice system; and

WHEREAS, She was once a Seattle police officer and also worked as a caseworker for the Washington State Department of Public Assistance; and

WHEREAS, She comes from a long line of law enforcement professionals in her family; and

WHEREAS, She has helped educate countless state law enforcement professionals on high-profile crimes and law enforcement issues; and

WHEREAS, She has donated many hours of her time by speaking at fund-raising events and training seminars held by charitable groups and law enforcement organizations; and

WHEREAS, She has contributed to the community in other ways, including speaking to endless numbers of community groups, professional organizations, and conferences; and

WHEREAS, She has assisted Congress in many ways, including testifying as an expert witness in front of legislative committees; and

WHEREAS, She has published more than 1,000 articles on true crime cases, and 19 of her books have been on the New York Times bestseller list; and

WHEREAS, She won the Governor's award for her 1980 book The Stranger Beside Me; and

WHEREAS, Her most recent books, Every Breath You Take and Last Dance, Last Chance, have reached number one on the New York Times bestseller list; and

WHEREAS, In addition to being one of the foremost authors of crime writing in America, she has raised four children of her own and one foster child even after the passing of her husband; and

WHEREAS, She graduated from the University of Washington and currently lives in Seattle;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington recognize all the contributions Ann Rule has made in the area of crime prevention and awareness through her literary contributions; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Ann Rule.

HOUSE FLOOR RESOLUTION NO. 4615 was adopted.

INTRODUCTION & FIRST READING

HB 1808 by Representatives Kenney, Cox, Fromhold, Priest, Berkey, Jarrett, Gombosky, Morrell, Chase, McCoy and Lantz

AN ACT Relating to establishing standards of review in order to change lines of instruction at research universities; amending RCW 28B.10.115; and adding a new section to chapter 28B.80 RCW.

Referred to Committee on Higher Education.

HB 1809 by Representatives Murray, Hankins, Grant, Mastin, McDermott, Jarrett, Linville, Upthegrove, Quall, Moeller, Tom, Kessler, Lovick, Hunter, Schual-Berke, Ruderman, Dickerson, Santos, Hudgins, Haigh, Hunt, Pettigrew, Rockefeller, Simpson, Cody and Kenney; by request of Governor Locke

AN ACT Relating to the jurisdiction of the Washington human rights commission; amending RCW 49.60.010, 49.60.020, 49.60.030, 49.60.040, 49.60.120, 49.60.130, 49.60.175, 49.60.176, 49.60.178, 49.60.180, 49.60.190, 49.60.200, 49.60.215, 49.60.223, 49.60.224, 49.60.225, and 48.30.300; and reenacting and amending RCW 49.60.222.

Referred to Committee on State Government.

HB 1810 by Representatives Cairnes, Carrell, Boldt, Benson, Roach, Holmquist, Bush, Mielke, Ahern, Buck, McMahan and Campbell

AN ACT Relating to recognizing concealed weapon licenses issued by other states; and adding a new section to chapter 9.41 RCW.

Referred to Committee on Judiciary.

HB 1811 by Representatives Hunter, Talcott, Haigh, Jarrett, Cox, Tom, Rockefeller, Schual-Berke, Miloscia, Quall, McDermott, Grant, Bailey, Nixon, Santos, Hunt and Clibborn

AN ACT Relating to studying the education finance system; creating a new section; and providing an expiration date.

Referred to Committee on Education.

HB 1812 by Representatives Hunter, Tom, Anderson, Fromhold, Rockefeller, Ruderman, Jarrett, McDermott, Clibborn, Murray, Quall, Grant, Nixon, Moeller and Santos

AN ACT Relating to school districts' levy bases; amending RCW 84.52.0531; adding a new section to chapter 84.52 RCW; creating a new section; and providing an effective date.

Referred to Committee on Education.

HB 1813 by Representatives Miloscia, Boldt, Linville, Edwards, Romero, Cody, McDermott, Haigh, Hunt, Moeller, Ruderman, Santos, Rockefeller, Simpson, Conway, Wood and Kenney

AN ACT Relating to employment opportunities for people with disabilities; amending RCW 43.19.520, 43.19.525, and 43.19.530; adding new sections to chapter 43.19 RCW; adding new sections to chapter 50.40 RCW; and providing expiration dates.

Referred to Committee on State Government.

HB 1814 by Representatives Fromhold, Mielke, Boldt and Moeller

AN ACT Relating to studying low-income rent vouchers; and creating a new section.

Referred to Committee on Local Government.

HB 1815 by Representatives Schual-Berke and Benson

AN ACT Relating to defining security account under the uniform transfer on death security registration act; and amending RCW 21.35.005.

Referred to Committee on Financial Institutions & Insurance.

HB 1816 by Representatives Lantz and Carrell

AN ACT Relating to garnishments; amending RCW 6.27.020, 6.27.070, 6.27.100, 6.27.130, 6.27.140, 6.27.160, 6.27.190, 6.27.200, 6.27.250, 6.27.265, 6.27.320, 6.27.340, 6.27.350, and 3.62.060; and reenacting and amending RCW 6.27.040.

Referred to Committee on Judiciary.

HB 1817 by Representatives Ruderman, Nixon, Kessler, Dunshee and Murray

AN ACT Relating to alteration of health care information in medical records; and adding a new section to chapter 70.02 RCW.

Referred to Committee on Health Care.

HB 1818 by Representatives Ruderman, Nixon, Sullivan, Jarrett, Kessler, Simpson, Hudgins, Dunshee, Priest, Moeller, Hunt, Rockefeller, Linville and McDermott

AN ACT Relating to use of high-occupancy vehicle lanes by vehicles with low emissions; amending RCW 46.61.165, 47.52.025, and 81.100.020; adding new sections to chapter 46.04 RCW; adding a new section to chapter 46.16 RCW; and creating a new section.

Referred to Committee on Transportation.

HB 1819 by Representatives Grant and Chandler

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

Referred to Committee on Commerce & Labor.

HB 1820 by Representatives Pettigrew, Kagi, Santos and Kenney

AN ACT Relating to the provision of shelter to a minor; amending RCW 13.32A.082; and creating a new section.

Referred to Committee on Juvenile Justice & Family Law.

HB 1821 by Representatives Sullivan, Ahern, O'Brien, Nixon, Hunt and Wood

AN ACT Relating to the regulation of sweepstakes; amending RCW 19.170.010, 19.170.020, and 19.170.050; adding new sections to chapter 19.170 RCW; creating a new section; and repealing RCW 19.170.030 and 19.170.040.

Referred to Committee on Commerce & Labor.

HB 1822 by Representatives Lantz, Delvin, O'Brien, Armstrong, Cairnes and Darneille

AN ACT Relating to changing the number of district court judicial positions; and amending RCW 3.34.020, 3.34.100, 3.38.020, and 3.38.040.

Referred to Committee on Judiciary.

HB 1823 by Representatives Upthegrove, Schual-Berke and Miloscia

AN ACT Relating to voiding an election; and amending RCW 42.17.390.

Referred to Committee on State Government.

HB 1824 by Representatives Pettigrew, Miloscia, Kagi, Darneille and Schual-Berke

AN ACT Relating to developing criteria to ensure quality control in research-based treatment programs for juveniles; and creating new sections.

Referred to Committee on Juvenile Justice & Family Law.

HB 1825 by Representatives Kagi, Schual-Berke, Fromhold, O'Brien, Lantz, Conway, Kenney, Linville, Moeller, Santos and Simpson

AN ACT Relating to newborn hearing screening; adding a new section to chapter 70.83 RCW; and creating a new section.

Referred to Committee on Health Care.

HB 1826 by Representatives Veloria, McMahan, O'Brien, Kenney, Boldt, Mielke, Santos, Hudgins, Upthegrove, Simpson and Conway

AN ACT Relating to trafficking in persons; amending RCW 9A.82.090, 9A.82.100, and 9A.82.120; and reenacting and amending RCW 9A.82.010.

Referred to Committee on Criminal Justice & Corrections.

HB 1827 by Representatives Moeller, Skinner, Fromhold, Schoesler, Romero, Sullivan, Hankins, Hunt, Morrell, Delvin, Cox, Kenney, Hinkle, Linville, Wood, Cody, Dunshee, Schual-Berke, Sehlin and Simpson

AN ACT Relating to provision of meningococcal immunization information to first-time students by degree-granting postsecondary educational institutions; adding a new section to chapter 70.54 RCW; and providing an effective date.

Referred to Committee on Health Care.

HB 1828 by Representatives Schual-Berke, Pflug, Cody, Hankins, Linville, Skinner, Cooper, Alexander, Ruderman, Delvin, McDermott, Ericksen, Campbell, Santos, Haigh, Quall, Upthegrove, Simpson, Hatfield, Kessler, Conway and Kenney

AN ACT Relating to mental health parity; amending RCW 48.21.240, 48.44.340, and 48.46.290; adding new sections to chapter 41.05 RCW; adding a new section to chapter 48.21 RCW; adding a new section to chapter 48.44 RCW; adding a new section to chapter 48.46 RCW; adding new sections to chapter 70.47 RCW; adding a new section to chapter 48.02 RCW; creating a new section; and declaring an emergency.

Referred to Committee on Financial Institutions & Insurance.

HB 1829 by Representatives Bailey, Sehlin, Talcott, Kristiansen, Clements, Tom, Pearson, McMahan, Benson, Woods and Pflug

AN ACT Relating to postretirement employment in the public employees' retirement system and the teachers' retirement system; amending RCW 41.32.010, 41.32.570, 41.40.010, and 41.40.037; repealing 2001 c 317 s 1; and prescribing penalties.

Referred to Committee on Appropriations.

HB 1830 by Representatives Conway, Wood, Cooper, Moeller, Kirby and Simpson

AN ACT Relating to basic health plan and medicaid coverage of employed individuals; amending RCW 70.47.060; adding a new section to chapter 74.09 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Health Care.

HB 1831 by Representatives Haigh, Hunt and Miloscia

AN ACT Relating to hearings conducted by the secretary of state; amending RCW 43.07.030, 42.17.130, and 42.52.180; adding a new section to chapter 43.07 RCW; and creating a new section.

Referred to Committee on State Government.

HB 1832 by Representatives Conway, Chandler, Wood, Kenney and Condotta; by request of Employment Security Department

AN ACT Relating to correcting rate class 16 in schedule B by amending RCW 50.29.025 and making no other changes; and amending RCW 50.29.025.

Referred to Committee on Commerce & Labor.

HB 1833 by Representatives Kagi, Conway and Simpson

AN ACT Relating to unemployment compensation payable to individuals who took family and medical leave; amending RCW 50.20.170 and 50.04.020; adding a new section to chapter 50.04 RCW; and creating new sections.

Referred to Committee on Commerce & Labor.

HB 1834 by Representatives Chandler, Grant, Crouse, Holmquist and O'Brien

AN ACT Relating to simplifying and adding certainty to the calculation of workers' compensation benefits; amending RCW 51.08.178, 51.28.040, 51.32.050, 51.32.060, 51.32.072, 51.32.075, 51.32.080, 51.32.095, and 51.36.020; reenacting and amending RCW 51.32.090; adding new sections to chapter 51.08 RCW; adding a new section to chapter 51.32 RCW; providing an effective date; and declaring an emergency.

Referred to Committee on Commerce & Labor.

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

REPORTS OF STANDING COMMITTEES

February 7, 2003

HB 1005 Prime Sponsor, Representative Morris: Creating the joint task force on long-term energy supply. Reported by Committee on Technology, Telecommunications & Energy

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Morris, Chairman; Ruderman, Vice Chairman; Crouse, Ranking Minority Member; Nixon, Assistant Ranking Minority Member; Anderson; Blake; Bush; DeBolt; Delvin; Hudgins; Kirby; McMahan; Romero; Sullivan; Tom; Wallace and Wood.

Referred to Committee on Appropriations.

February 7, 2003

HB 1072 Prime Sponsor, Representative Haigh: Increasing options in ethics investigations. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.

Passed to Committee on Rules for second reading.

February 7, 2003

HB 1076 Prime Sponsor, Representative Lovick: Revising provisions relating to attempting to elude a pursuing police vehicle. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Lovick and Pearson.

Passed to Committee on Rules for second reading.

February 7, 2003

HB 1090 Prime Sponsor, Representative Veloria: Extending the task force against trafficking of persons. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Kagi and Lovick.

MINORITY recommendation: Do not pass. Signed by Representatives Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Pearson.

Passed to Committee on Rules for second reading.

February 7, 2003

HB 1108 Prime Sponsor, Representative Chase: Establishing penalties for harming a police horse. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Lovick and Pearson.

Passed to Committee on Rules for second reading.

February 7, 2003

HB 1118 Prime Sponsor, Representative O'Brien: Allowing local option penalties for public drinking. Reported by Committee on Criminal Justice & Corrections

Passed to Committee on Rules for second reading.

February 7, 2003

HB 1119 Prime Sponsor, Representative Ruderman: Regulating mail to constituents. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

February 7, 2003

HB 1153 Prime Sponsor, Representative Haigh: Managing confidential records. Reported by Committee on State Government

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.

Passed to Committee on Rules for second reading.

February 7, 2003

HB 1156 Prime Sponsor, Representative Miloscia: Requiring timely mailing of ballots. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

February 7, 2003

HB 1172 Prime Sponsor, Representative Romero: Reducing signatures required for an initiative to the legislature. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

February 7, 2003

HB 1175 Prime Sponsor, Representative Veloria: Prohibiting trafficking in persons. Reported by Committee on Criminal Justice & Corrections

Passed to Committee on Rules for second reading.

February 7, 2003

HB 1213 Prime Sponsor, Representative Haigh: Eliminating boards and commissions. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

February 6, 2003

HB 1231 Prime Sponsor, Representative Romero: Providing for direct petition annexations. Reported by Committee on Local Government

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Romero, Chairman; Upthegrove, Vice Chairman; Schindler, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Ahern; Berkey; Clibborn; Edwards; Ericksen; Mielke and Moeller.

Passed to Committee on Rules for second reading.

February 7, 2003

HB 1286 Prime Sponsor, Representative Ruderman: Regarding promotional service offerings. Reported by Committee on Technology, Telecommunications & Energy

Passed to Committee on Rules for second reading.

February 6, 2003

HB 1367 Prime Sponsor, Representative Rockefeller: Authorizing the legislative accountability board to conduct expanded performance reviews. Reported by Committee on State Government

February 7, 2003

HB 1403 Prime Sponsor, Representative Kenney: Changing exceptional faculty award grants. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass as amended.

On page 1, line 13, strike "Institutions" and insert "((Institutions)) When they can match the state funds with equal cash donations from private sources, institutions"

Signed by Representatives Kenney, Chairman; Fromhold, Vice Chairman; Cox, Ranking Minority Member; Priest, Assistant Ranking Minority Member; Berkey; Boldt; Buck; Chase; Clements; Condotta; Gombosky; Jarrett; Lantz; McCoy and Morrell.

Passed to Committee on Rules for second reading.

February 7, 2003

HJR 4200 Prime Sponsor, Representative Carrell: Amending the Constitution to allow extended levies for law enforcement purposes. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Kagi and Lovick.

MINORITY recommendation: Do not pass. Signed by Representatives Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Pearson.

Referred to Committee on Finance.

February 7, 2003

HJR 4201 Prime Sponsor, Representative Romero: Reducing signatures required for an initiative to the legislature. Reported by Committee on State Government

Passed to Committee on Rules for second reading.

There being no objection, the bills and resolutions listed on the day's committee reports sheet under the fifth order of business were referred to the committees so designated with the exception of House Bill No. 1367 which was held on fifth order.

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

There being no objection, the House adjourned until 10:00 a.m., February 12, 2003, the 31^st Day of the Regular Session.

FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk