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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

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SEVENTEENTH DAY

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House Chamber, Olympia, Wednesday, January 28, 2004

The House was called to order at 10:00 a.m. by the Speaker (Representative Lovick 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 Theresa Leigh and Aaron Cooper. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Iman Benjamin Shabazz, Al Islam Center, Seattle.

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

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

SECOND READING

HOUSE BILL NO. 1777, By Representatives Morrell, DeBolt, Cody, Benson, Sullivan, Woods, Pettigrew, McDonald, Wallace, Priest, G. Simpson, Roach, Grant, Hinkle, Santos, Jarrett, Hunt, Blake, Dunshee, Conway, Kirby, Hankins, Clibborn, Linville, Kagi, Kessler, Kenney, Schual-Berke, Darneille, Rockefeller, Wood, Lovick, Campbell, McDermott, Hudgins and Edwards

Implementing the collective bargaining agreement between the home care quality authority and individual home care providers.

The bill was read the second time.

MOTION

Representative Sehlin moved that HOUSE BILL NO. 1777 be referred to the Committee on Appropriations.

Representatives Sehlin and Holmquist spoke in favor of the motion.

Representative Kessler spoke against the motion.

An electronic roll call vote was requested.

MOTION

On motion of Representative Wallace, Representative Wood was excused.

The Speaker stated the question before the House to be adoption of the motion that House Bill No. 1777 be referred to the Committee on Appropriations.

ROLL CALL

The Clerk called the roll on the adoption of the motion that House Bill No. 1777 be referred to the Committee on Appropriations, and the motion was not adopted by the following vote: Yeas - 46, Nays - 51, Absent - 0, Excused - 1.

Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 46.

Voting nay: Representatives Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace and Mr. Speaker - 51.

Excused: Representative Wood - 1.

Representative Morrell moved the adoption of amendment (754):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The legislature finds that the voters of Washington state expressed their strong support for home-based long-term care services through their overwhelming approval of Initiative Measure No. 775 in 2001. With passage of the initiative, the state has been directed to increase the quality of state-funded long-term care services provided to elderly and disabled persons in their own homes through recruitment and training of in-home individual providers, referral of qualified individual providers to seniors and persons with disabilities seeking a provider, and stabilization of the individual provider work force. The legislature further finds that the quality of care our elders and people with disabilities receive is highly dependent upon the quality and stability of the individual provider work force, and that the demand for the services of these providers will increase as our population ages.

(2) The legislature intends to stabilize the state-funded individual provider work force by providing funding to implement the collective bargaining agreement between the home care quality authority and the exclusive bargaining representative of individual providers. The agreement reflects the value and importance of the work done by individual providers to support the needs of elders and people with disabilities in Washington state.

NEW SECTION. Sec. 2. The sum of seven million one hundred twenty-nine thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2005, from the general fund--state, and the sum of six million nine hundred eighteen thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2005, from the general fund--federal to the department of social and health services solely to increase the wages of state-funded individual providers from the current hourly rate of eight dollars and forty-three cents per hour to eight dollars and ninety-three cents per hour beginning October 1, 2004.

NEW SECTION. Sec. 3. The sum of ten million six hundred four thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2005, from the general fund--state, and the sum of ten million two hundred ninety-four thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2005, from the general fund--federal to the department of social and health services solely to provide contributions of up to four hundred dollars per month for each eligible state-funded individual provider for health insurance coverage pursuant to the terms of the collective bargaining agreement between the home care quality authority and the exclusive bargaining representative of individual providers.

NEW SECTION. Sec. 4. The sum of five million seven hundred thirteen thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2005, from the general fund--state, and the sum of five million five hundred forty-three thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2005, from the general fund--federal to the department of social and health services solely to provide workers' compensation benefits to state-funded individual providers beginning October 1, 2004, through a third-party administrator under contract with the home care quality authority.

NEW SECTION. Sec. 5. The sum of one million three hundred twenty-four thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2005, from the general fund--state, and the sum of one million two hundred eighty-four thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2005, from the general fund--federal to the department of social and health services solely for costs associated with administrative, labor, and employment relations costs determined by the terms of the collective bargaining agreement between the home care quality authority and the exclusive bargaining representative of individual providers.

NEW SECTION. Sec. 6. The appropriations to the department of social and health services in this act may be transferred among programs within the department or to the home care quality authority to implement the collective bargaining agreement between the home care quality authority and the exclusive bargaining representative of individual providers.

NEW SECTION. Sec. 7. This act takes effect July 1, 2004."

Correct the title.

POINT OF ORDER

Representative Chandler requested a ruling on scope and object of amendment (754) to House Bill No. 1777.

SPEAKER'S RULING

Mr. Speaker: "The title of House Bill No. 1777 is an act relating to 'implementing the collective bargaining agreement between the home care quality authority and individual home care providers.'

The bill contains provisions implementing the collective bargaining agreement reached in 2002. That agreement was not implemented by the Legislature in the 2003 session, and therefore lapsed. A new agreement was then negotiated. Amendment 754 implements that agreement.

While the bill and the amendment address different agreements they are identical in purpose – to implement the collective bargaining agreement between the home care quality authority and individual home care providers. The Speaker therefore finds that the amendment is within the scope and object of the bill.

Representative Chandler, your point of order is not well taken."

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

Representative Chandler 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.

Representatives Morrell, Simpson, Cody, Hudgins, Benson, Wallace and Campbell spoke in favor of passage of the bill.

Representatives Sehlin, Alexander, Clements, Holmquist, Boldt, McDonald, Mastin and Anderson spoke against the passage of the bill.

POINT OF ORDER

Representative Kirby: "Thank you, Mr. Speaker. The question before the House is related to the House bill not whether or not to send it back to committee. We have already decided that question."

SPEAKER'S RULING

Mr. Speaker: "The Speaker reminds the members to restrain remarks to the issue itself which is final passage."

Representative Anderson continued speaking against the passage of the bill.

The Speaker stated the question before the House to be the final passage of Engrossed House Bill No. 1777.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 1777 and the bill passed the House by the following vote: Yeas - 57, Nays - 40, Absent - 0, Excused - 1.

Voting yea: Representatives Benson, Blake, Bush, Cairnes, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Crouse, Darneille, Dickerson, Dunshee, Edwards, Eickmeyer, Flannigan, Fromhold, Grant, Haigh, Hatfield, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roach, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, D. Simpson, G. Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace and Mr. Speaker - 57.

Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Boldt, Buck, Carrell, Chandler, Clements, Condotta, Cox, DeBolt, Delvin, Ericksen, Hankins, Hinkle, Holmquist, Jarrett, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Priest, Rodne, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 40.

Excused: Representative Wood - 1.

ENGROSSED HOUSE BILL NO. 1777, 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 3102 by Representatives Wood, Ahern and Ormsby

AN ACT Relating to tourism promotion areas; amending RCW 35.101.010; and declaring an emergency.

Referred to Committee on Trade & Economic Development.

HB 3103 by Representatives Kenney, Cox, Fromhold, Priest, Morrell, Hudgins, McCoy, McDermott, Haigh, G. Simpson and Santos

AN ACT Relating to higher education; amending RCW 28B.80.400, 28B.80.430, 28B.80.200, 28B.80.345, 28B.80.330, 28B.80.335, 28B.80.280, 28B.80.350, 28B.10.044, 28B.15.070, 28B.15.076, 28B.80.175, 28B.80.360, 28B.10.859, 28B.10.868, 28B.10.873, 28B.10.882, 28B.80.160, 28B.80.245, 28B.80.246, 28B.80.620, 28B.80.626, 28B.04.020, 28B.04.030, 28B.04.080, 28B.04.085, 28B.10.800, 28B.10.802, 28B.10.804, 28B.10.808, 28B.10.8081, 28B.10.810, 28B.10.816, 28B.10.818, 28B.10.820, 28B.10.822, 28B.10.790, 28A.305.285, 28B.10.650, 28A.600.110, 28A.600.390, 28B.10.020, 28B.10.050, 28B.15.543, 28B.15.545, 28B.15.910, 28B.20.130, 28B.30.150, 28B.35.120, 28B.38.010, 28B.40.120, 28B.50.090, 28B.50.140, 28B.95.020, 28B.119.010, 28C.04.545, 43.105.825, 43.157.010, 43.79.465, 28B.15.760, 28B.15.820, 28B.101.020, 28B.102.040, 28B.108.010, 28B.115.050, 28B.119.030, 28B.133.010, 28B.133.020, and 28B.133.050; reenacting and amending RCW 28B.80.390; adding a new section to chapter 28B.45 RCW; adding new chapters to Title 28B RCW; creating new sections; recodifying RCW 28B.80.300, 28B.80.310, 28B.80.390, 28B.80.400, 28B.80.410, 28B.80.420, 28B.80.110, 28B.80.430, 28B.80.380, 28B.80.200, 28B.80.370, 28B.80.345, 28B.80.330, 28B.80.335, 28B.80.280, 28B.80.350, 28B.10.044, 28B.15.070, 28B.15.076, 28B.80.175, 28B.80.240, 28B.80.210, 28B.80.230, 28B.80.180, 28B.80.360, 28B.10.859, 28B.10.866, 28B.10.867, 28B.10.868, 28B.10.869, 28B.10.870, 28B.10.871, 28B.10.872, 28B.10.873, 28B.10.880, 28B.10.881, 28B.10.882, 28B.10.883, 28B.10.884, 28B.10.885, 28B.10.886, 28B.80.150, 28B.80.160, 28B.80.170, 28B.80.245, 28B.80.246, 28B.80.272, 28B.80.805, 28B.80.806, 28B.80.807, 28B.80.620, 28B.80.622, 28B.80.624, 28B.80.626, 28B.80.810, 28B.10.800, 28B.10.801, 28B.10.802, 28B.10.804, 28B.10.806, 28B.10.808, 28B.10.8081, 28B.10.810, 28B.10.812, 28B.10.814, 28B.10.816, 28B.10.818, 28B.10.820, 28B.10.821, 28B.10.822, and 28B.80.510; repealing RCW 28A.305.280, 28B.10.210, 28B.10.215, 28B.10.220, 28B.10.824, 28B.10.874, 28B.10.887, 28B.80.255, 28B.80.265, 28B.80.290, 28B.80.320, 28B.80.340, 28B.80.440, 28B.80.442, 28B.80.450, 28B.80.500, 28B.80.520, 28B.80.600, 28B.80.610, 28B.80.612, 28B.80.614, 28B.80.616, 28B.80.910, 28B.80.911, and 28B.80.912; providing an effective date; and providing an expiration date.

Referred to Committee on Higher Education.

HB 3104 by Representatives Bailey, Benson and McDonald

AN ACT Relating to access to health insurance for employers and their employees; amending RCW 48.21.045, 48.43.038, 48.43.045, 48.44.023, and 48.46.066; reenacting and amending RCW 48.43.005; and repealing RCW 48.43.035.

Referred to Committee on Health Care.

HB 3105 by Representatives Mastin, Grant, Chandler and Hinkle

AN ACT Relating to water rights; and amending RCW 90.03.380 and 90.44.100.

Referred to Committee on Agriculture & Natural Resources.

HB 3106 by Representatives Mastin, Grant, Linville, Schoesler, Hinkle, Newhouse, Chandler and Delvin

AN ACT Relating to water rights; and adding a new section to chapter 90.03 RCW.

Referred to Committee on Agriculture & Natural Resources.

HB 3107 by Representatives Cox, Grant, Schoesler and McMorris

AN ACT Relating to regional programs for the recovery of fish runs listed under the federal endangered species act; and adding a new chapter to Title 77 RCW.

Referred to Committee on Fisheries, Ecology & Parks.

HB 3108 by Representatives Conway and Chase

AN ACT Relating to oversight of industrial insurance premium rates; amending RCW 51.16.035; adding a new section to chapter 51.16 RCW; and creating a new section.

Referred to Committee on Commerce & Labor.

HB 3109 by Representatives Linville and Rockefeller

AN ACT Relating to funding for forest fire protection; and amending RCW 76.04.610.

Referred to Committee on Agriculture & Natural Resources.

HB 3110 by Representatives Cox, Haigh, Schoesler and Armstrong

AN ACT Relating to emergency school repair and renovation; amending RCW 28A.515.320; adding a new section to chapter 28A.515 RCW; and providing an effective date.

Referred to Committee on Education.

HB 3111 by Representative Chase

AN ACT Relating to population sustainability; and amending RCW 43.70.130.

Referred to Committee on Health Care.

HB 3112 by Representatives Cooper and D. Simpson

AN ACT Relating to marine fuel facilities; and amending RCW 88.46.010 and 90.56.010.

Referred to Committee on Fisheries, Ecology & Parks.

HB 3113 by Representatives Cooper, Conway, McDermott, Dickerson, Hunt, Cody, Sullivan, Chase, Kenney, Haigh and G. Simpson

AN ACT Relating to requiring bargaining over past practices in ferry employee collective bargaining; amending RCW 47.64.120; and declaring an emergency.

Referred to Committee on Commerce & Labor.

HB 3114 by Representatives Sommers, Sullivan, O'Brien, Cooper and Chase

AN ACT Relating to city and county disability boards; amending RCW 41.26.110; and declaring an emergency.

Referred to Committee on Appropriations.

HB 3115 by Representatives Kagi, Boldt, Roach and Darneille

AN ACT Relating to evaluations of parties in proceedings involving child dependency or termination of parental rights; and amending RCW 13.34.090.

Referred to Committee on Children & Family Services.

HB 3116 by Representatives Murray, Cairnes, Sehlin, Sommers, McIntire, Lovick, Hatfield, Kenney, Morrell and Santos

AN ACT Relating to modifying tax exemptions for blood banks, bone or tissue banks, and comprehensive cancer centers; and amending RCW 82.04.324, 82.08.02805, 82.12.02747, and 84.36.035.

Referred to Committee on Finance.

HB 3117 by Representatives Wallace, D. Simpson, Linville, Morrell, G. Simpson and Santos

AN ACT Relating to increasing small business tax relief; amending RCW 82.04.4451; and providing an effective date.

Referred to Committee on Trade & Economic Development.

HB 3118 by Representatives McIntire, Hunter, Santos, Conway, Chase, D. Simpson, Linville, Morrell and G. Simpson

AN ACT Relating to tax incidence notes; amending RCW 43.88A.010, 43.88A.030, 43.88A.040, and 43.88A.900; adding new sections to chapter 43.88A RCW; and adding a new section to chapter 82.01 RCW.

Referred to Committee on Finance.

HB 3119 by Representatives Conway, Bush and Lantz

AN ACT Relating to requiring a super-majority of the legislature increase betting limits; amending RCW 9.46.010 and 9.46.070; and declaring an emergency.

Referred to Committee on Commerce & Labor.

HB 3120 by Representatives Sullivan and Morris

AN ACT Relating to petitions for review by the state under the growth management act; amending RCW 36.70A.280, 36.70A.290, 36.70A.295, and 36.70A.310; and providing an effective date.

Referred to Committee on Local Government.

HB 3121 by Representatives Sullivan, Crouse and Morris; by request of Utilities & Transportation Commission and Department of Social and Health Services

AN ACT Relating to the Washington telephone assistance program; amending RCW 80.36.410, 80.36.420, 80.36.430, 80.36.450, 80.36.460, 80.36.470, 80.36.475, and 80.36.005; adding new sections to chapter 80.36 RCW; repealing RCW 80.36.440; and providing an effective date.

Referred to Committee on Technology, Telecommunications & Energy.

HB 3122 by Representatives Romero and Dunshee

AN ACT Relating to expanding the jurisdiction of the growth management hearings boards to include all counties and cities in Washington state; and amending RCW 36.70A.250.

Referred to Committee on Local Government.

HB 3123 by Representatives G. Simpson, Dunshee, Clibborn and Chase

AN ACT Relating to clarifying the effect of the expiration of remand periods and determinations of invalidity; and amending RCW 36.70A.300 and 36.70A.302.

Referred to Committee on Local Government.

HB 3124 by Representatives Miloscia and Jarrett

AN ACT Relating to allowing a general contractor/construction manager to perform more than thirty percent of a project when it involves tunneling; and reenacting and amending RCW 39.10.061 and 39.10.902.

Referred to Committee on State Government.

HB 3125 by Representatives McMorris, Linville, Schoesler and Sump

AN ACT Relating to opportunities and strategies for improving forest health in Washington; amending RCW 76.04.630; adding new sections to chapter 79.10 RCW; creating new sections; making appropriations; and declaring an emergency.

Referred to Committee on Agriculture & Natural Resources.

HB 3126 by Representative Alexander

AN ACT Relating to WorkFirst recipients employed by counties; and amending RCW 36.17.040.

Referred to Committee on Local Government.

HB 3127 by Representative McMorris

AN ACT Relating to evaluating armed service experience in specialized electrical fields; and reenacting and amending RCW 19.28.191.

Referred to Committee on Commerce & Labor.

HB 3128 by Representatives Lovick, O'Brien, Kagi, Lantz, Moeller, Darneille, Ormsby, Chase, Cody, McCoy, Edwards, Hudgins, Schual-Berke and Ruderman

AN ACT Relating to prohibiting weapons in the state legislative building; and amending RCW 9.41.300.

Referred to Committee on Judiciary.

HB 3129 by Representatives Holmquist, McMorris and Hinkle

AN ACT Relating to water pollution control for total maximum daily loads; adding a new section to chapter 90.48 RCW; and declaring an emergency.

Referred to Committee on Agriculture & Natural Resources.

HB 3130 by Representative Dunshee

AN ACT Relating to student speech and expression in the public schools; and adding a new section to chapter 28A.320 RCW.

Referred to Committee on Education.

HB 3131 by Representatives Tom, Priest and Lantz

AN ACT Relating to providing for insured warranty standards for condominiums; and adding a new chapter to Title 64 RCW.

Referred to Committee on Judiciary.

HB 3132 by Representatives Rockefeller, D. Simpson, Lantz and Haigh

AN ACT Relating to granting school district boards authority to approve restructuring of alternative schools; and adding a new section to chapter 28A.320 RCW.

Referred to Committee on Education.

HB 3133 by Representatives Fromhold, Orcutt, Kessler, Hatfield, Grant and Newhouse

AN ACT Relating to promoters duties with respect to vendor tax registration; and amending RCW 82.32.033.

Referred to Committee on Finance.

HB 3134 by Representatives Schoesler, Armstrong, Ahern, Crouse, Holmquist, Ericksen, McMahan, Clements, McMorris, Condotta and Schindler

AN ACT Relating to the Washington industrial safety and health act; adding a new section to chapter 49.17 RCW; and creating new sections.

Referred to Committee on Commerce & Labor.

HB 3135 by Representatives Upthegrove and Schual-Berke

AN ACT Relating to implementing an area-wide soil contamination initiative; amending RCW 70.105.010; adding new sections to chapter 70.105 RCW; creating a new section; and making an appropriation.

Referred to Committee on Fisheries, Ecology & Parks.

HB 3136 by Representatives D. Simpson, Chase, Sullivan and McCoy

AN ACT Relating to facilitating parental involvement in education for immigrant families; and creating new sections.

Referred to Committee on Education.

HB 3137 by Representatives Jarrett, Hunter, Tom, Lantz, Hankins and Linville

AN ACT Relating to education; adding a new section to chapter 28A.150 RCW; and creating a new section.

Referred to Committee on Education.

HJM 4041 by Representatives Clements, Skinner, Kenney, Hudgins, Santos and Hinkle

Requesting relief for the Aganda family of Selah, Washington.

Referred to Committee on State Government.

HJM 4042 by Representatives Linville, Jarrett, Hunt, Chase, Schual-Berke, Kenney and Rockefeller; by request of Superintendent of Public Instruction

Requesting changes in the No Child Left Behind Act.

Referred to Committee on Education.

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.

REPORTS OF STANDING COMMITTEES

January 21, 2004

HB 2014 Prime Sponsor, Representative Flannigan: Preventing denial of insurance coverage for injuries caused by narcotic or alcohol use. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: Do pass. Signed by Representatives Schual-Berke, Chairman; G. Simpson, Vice Chairman; Benson, Ranking Minority Member; Cairnes; Cooper; Hatfield; Santos and D. Simpson.

MINORITY recommendation: Do not pass. Signed by Representatives Newhouse, Assistant Ranking Minority Member; Carrell and Roach.