The House was called to order at 10:00 a.m. by the Speaker (Representative Moeller presiding). The Clerk called the roll and a quorum was present.

The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages David Langbehn-Pond and Kailyn Gady. The Speaker (Representative Moeller presiding) led the Chamber in the Pledge of Allegiance. The prayer was offered by Police Chaplain Mike Neil, Department of Fish and Wildlife, Gig Harbor.

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

RESOLUTION

HOUSE RESOLUTION NO. 4658, by Representatives Driscoll, Seaquist, Ormsby, Pettigrew, Sullivan, Haler, Finn, Kenney, Liias, Angel, Campbell, Morrell, Maxwell and Warnick

WHEREAS, It is the tradition of the Washington State House of Representatives to honor the vital services provided by trade associations who together with individual association members have uniquely shaped and developed the full agricultural productivity in the Northwest; and

WHEREAS, Far West Agribusiness Association is celebrating its golden 50 year anniversary this year; and

WHEREAS, Far West's regional footprint spans the states of Washington, Idaho, Oregon, Utah, and Nevada, maintaining its primary office in Spokane, Washington; and

WHEREAS, Far West is made up of over 150 agriculture businesses that provide products and services to farmers in all crop areas and commodities employing approximately 2,400 people in the region; and

WHEREAS, Far West provides industry knowledge and training to its members and to the public that protects and ensures a vital, abundant, safe, and affordable food supply, while making a meaningful and steadfast contribution to the economy of Washington State and others; and

WHEREAS, Far West provides in-house specialized training to its members in the safe handling of fertilizer and pesticide products, protecting its members' employees and members of the public; and

WHEREAS, Far West educates legislators at both the state and federal levels when requested on matters of general and specific interest; and

WHEREAS, Far West acts as a liaison among various organizations, helping to develop a consensus enabling agriculture to speak with one voice when possible;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives hereby acknowledge and honor Far West Agribusiness Association of Spokane, Washington, in celebration of its 50th year in operation; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Far West members through its executive director, Jim Fitzgerald.

Representative Driscoll moved adoption of House Resolution No. 4658.

Representatives Driscoll and Haler spoke in favor of the adoption of the resolution.

HOUSE RESOLUTION NO. 4658 was adopted.

INTRODUCTION AND FIRST READING

HB 3150 by Representatives Hinkle, Parker, Ross, Angel, Dammeier, Short, Crouse, Shea, Kelley, Goodman, Ericks, Warnick, Finn and Morrell

AN ACT Relating to salaries of legislators; amending RCW 43.03.310; and providing a contingent effective date.

Referred to Committee on State Government & Tribal Affairs.

HB 3151 by Representative Anderson

AN ACT Relating to studying public fund investment policies and practices; creating new sections; and providing an expiration date.

Referred to Committee on Financial Institutions & Insurance.

HB 3152 by Representatives Anderson, Santos and Warnick

AN ACT Relating to a financial literacy assessment tool; and amending RCW 43.320.150.

Referred to Committee on Financial Institutions & Insurance.

HB 3153 by Representative Conway

AN ACT Relating to designation of a spouse for certain survivor benefits under the firefighters' relief and pensions act of 1955; and amending RCW 41.18.042.

Referred to Committee on Ways & Means.

HB 3154 by Representatives Kessler, Van De Wege and Kenney

AN ACT Relating to the sales and use taxation of florists; reenacting and amending RCW 82.32.730; and providing an effective date.

Referred to Committee on Finance.

HB 3155 by Representatives Conway and Kenney

AN ACT Relating to allowing the department of social and health services to adopt rules establishing standards for the review and certification of treatment facilities under the problem and pathological gambling treatment program; and amending RCW 43.20A.890.

Referred to Committee on Health Care & Wellness.

HJR 4223 by Representatives Hinkle, Parker, Ross, Angel, Dammeier, Short, Shea, Crouse, Kelley, Liias and Morrell

Restricting salary increases for legislators under specific circumstances.

Referred to Committee on State Government & Tribal Affairs.

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

REPORTS OF STANDING COMMITTEES

January 27, 2010

HB 1072 Prime Sponsor, Representative Simpson: Prohibiting certain sex offenders on community custody from accessing the internet. Reported by Committee on Public Safety & Emergency Preparedness

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Hurst, Chair; O'Brien, Vice Chair; Pearson, Ranking Minority Member; Klippert, Assistant Ranking Minority Member; Appleton; Goodman; Kirby and Ross.

Referred to Committee on General Government Appropriations.

January 26, 2010

HB 2617 Prime Sponsor, Representative Driscoll: Eliminating certain boards and commissions. Reported by Committee on State Government & Tribal Affairs

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Armstrong, Ranking Minority Member; Alexander; Flannigan; Hurst; Miloscia and Taylor.

Referred to Committee on Ways & Means.

January 27, 2010

HB 2634 Prime Sponsor, Representative Carlyle: Promoting efficiencies including institutional coordination and partnerships in the community and technical college system. Reported by Committee on Higher Education

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Wallace, Chair; Anderson, Ranking Minority Member; Schmick, Assistant Ranking Minority Member; Angel; Carlyle; Driscoll; Haler and White.

MINORITY recommendation: Without recommendation. Signed by Representative Hasegawa.

Referred to Committee on Education Appropriations.

January 27, 2010

HB 2689 Prime Sponsor, Representative Goodman: Modifying agency relationship provisions to clarify broker and licensee terms. Reported by Committee on Commerce & Labor

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Conway, Chair; Condotta, Ranking Minority Member; Chandler; Crouse; Moeller and Williams.

Passed to Committee on Rules for second reading.

January 27, 2010

HB 2697 Prime Sponsor, Representative Conway: Concerning real estate broker licensure fees. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chair; Wood, Vice Chair; Condotta, Ranking Minority Member; Chandler; Green; Moeller and Williams.

MINORITY recommendation: Without recommendation. Signed by Representative Crouse.

Referred to Committee on General Government Appropriations.

January 27, 2010

HB 2745 Prime Sponsor, Representative Hudgins: Concerning compliance with the environmental protection agency's renovation, repair, and painting rule in the lead-based paint program. Reported by Committee on Environmental Health

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Campbell, Chair; Chase, Vice Chair; Shea, Ranking Minority Member; Orcutt, Assistant Ranking Minority Member; Dickerson; Dunshee; Finn; Hudgins and Rolfes.

Referred to Committee on General Government Appropriations.

January 27, 2010

HB 2775 Prime Sponsor, Representative Dammeier: Regarding membership on the state building code council. Reported by Committee on Local Government & Housing

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Simpson, Chair; Nelson, Vice Chair; Angel, Ranking Minority Member; DeBolt, Assistant Ranking Minority Member; Fagan; Short; Springer; Upthegrove; White and Williams.

Passed to Committee on Rules for second reading.

January 27, 2010

HB 2777 Prime Sponsor, Representative Goodman: Modifying domestic violence provisions. Reported by Committee on Public Safety & Emergency Preparedness

Passed to Committee on Rules for second reading.

January 26, 2010

HB 2790 Prime Sponsor, Representative Conway: Making technical and clarifying changes to the liquor laws. Reported by Committee on Commerce & Labor

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Conway, Chair; Wood, Vice Chair; Condotta, Ranking Minority Member; Chandler; Crouse; Green and Williams.

Passed to Committee on Rules for second reading.

January 27, 2010

HB 2805 Prime Sponsor, Representative Ormsby: Regarding public works involving off-site prefabrication. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chair; Wood, Vice Chair; Green; Moeller and Williams.

MINORITY recommendation: Do not pass. Signed by Representatives Condotta, Ranking Minority Member; Chandler and Crouse.

Referred to Committee on Capital Budget.

January 26, 2010

HB 2918 Prime Sponsor, Representative Eddy: Removing state route number 908 from the state highway system. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives Clibborn, Chair; Liias, Vice Chair; Roach, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Armstrong; Campbell; Dickerson; Driscoll; Eddy; Ericksen; Finn; Flannigan; Herrera; Johnson; Klippert; Kristiansen; Nealey; Rolfes; Sells; Shea; Simpson; Springer; Takko; Upthegrove; Williams and Wood.

Passed to Committee on Rules for second reading.

January 27, 2010

HB 3003 Prime Sponsor, Representative Hunter: Placing symphony musicians under the jurisdiction of the public employment relations commission for purposes of collective bargaining. Reported by Committee on Commerce & Labor

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Conway, Chair; Wood, Vice Chair; Green; Moeller and Williams.

MINORITY recommendation: Do not pass. Signed by Representatives Condotta, Ranking Minority Member; Chandler and Crouse.

Passed to Committee on Rules for second reading.

There being no objection, the bills listed on the day’s committee reports under the fifth order of business were referred to the committees so designated.

SECOND READING

HOUSE BILL NO. 1576, by Representatives Clibborn, Liias, Roach and Rodne

Determining the amount of motor vehicle fuel tax moneys derived from tax on marine fuel.

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 Morrell and Roach spoke in favor of the passage of the bill.

The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of House Bill No. 1576.

MOTIONS

On motion of Representative Santos, Representative Morris was excused. On motion of Representative Hinkle, Representative Johnson was excused.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 1576, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

Excused: Representatives Johnson and Morris.

HOUSE BILL NO. 1576, having received the necessary constitutional majority, was declared passed.

HOUSE BILL NO. 1885, by Representatives Van De Wege, Blake, Warnick, Takko, Ormsby and Liias

Regarding the feeding of wildlife.

The bill was read the second time.

There being no objection, Substitute House Bill No. 1885 was substituted for House Bill No. 1885 and the substitute bill was placed on the second reading calendar.

SUBSTITUTE HOUSE BILL NO. 1885 was read the second time.

Representative Kretz moved the adoption of amendment (1006):

On page 2, beginning on line 13, after "operation" strike all material through "practices" on line 15

Representatives Kretz and Blake spoke in favor of the adoption of the amendment.

Amendment (1006) was adopted.

Representative Orcutt moved the adoption of amendment (1010):

Beginning on page 2, line 34, strike all of section 3 and insert the following:

"Sec. 3. RCW 77.08.010 and 2009 c 333 s 12 are each amended to read as follows:

The definitions in this section apply throughout this title or rules adopted under this title unless the context clearly requires otherwise.

(1) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.

(2) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under subsections (3), (28), (40), (44), (58), and (59) of this section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).

(3) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.

(4) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

(5) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.

(6) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season.

(7) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.

(8) "Commercial" means related to or connected with buying, selling, or bartering.

(9) "Commission" means the state fish and wildlife commission.

(10) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

(11) "Contraband" means any property that is unlawful to produce or possess.

(12) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

(13) "Department" means the department of fish and wildlife.

(14) "Director" means the director of fish and wildlife.

(15) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

(16) "Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

(17) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.

(18) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.

(19) "Fish broker" means a person whose business it is to bring a seller of fish and shellfish and a purchaser of those fish and shellfish together.

(20) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.

(21) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.

(22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

(23) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

(24) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

(25) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

(26) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

(27) "Illegal items" means those items unlawful to be possessed.

(28) "Invasive species" means a plant species or a nonnative animal species that either:

(a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities;

(b) Threatens or may threaten natural resources or their use in the state;

(c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or

(d) Threatens or harms human health.

(29) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.

(30) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.

(31) "Money" means all currency, script, personal checks, money orders, or other negotiable instruments.

(32) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

(33) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

(34) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission. "Open season" includes the first and last days of the established time.

(35) "Owner" means the person in whom is vested the ownership dominion, or title of the property.

(36) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

(37) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes, among other property, contraband and money.

(38) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.

(39) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

(40) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the commission.

(41) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

(42) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.

(43) "Recreational and commercial watercraft" includes the boat, as well as equipment used to transport the boat, and any auxiliary equipment such as attached or detached outboard motors.

(44) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the commission.

(45) "Resident" means:

(a) A person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state; and

(b) A person age eighteen or younger who does not qualify as a resident under (a) of this subsection, but who has a parent that qualifies as a resident under (a) of this subsection.

(46) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.

(47) "Saltwater" means those marine waters seaward of river mouths.

(48) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.

(49) "Senior" means a person seventy years old or older.

(50) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

(51) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

(52) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.

(53) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

(54) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.

(55) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

(56) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.

(57) "Unclaimed" means that no owner of the property has been identified or has requested, in writing, the release of the property to themselves nor has the owner of the property designated an individual to receive the property or paid the required postage to effect delivery of the property.

(58) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the commission.

(59) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.

(60) "Wholesale fish dealer" means a person who, acting for commercial purposes, takes possession or ownership of fish or shellfish and sells, barters, or exchanges or attempts to sell, barter, or exchange fish or shellfish that have been landed into the state of Washington or entered the state of Washington in interstate or foreign commerce.

(61) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.

(62) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

(63) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

(64) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.

(65) "Potentially habituated wildlife" includes cougar, bear, wolf, coyote, and raccoon. The term "potentially habituated wildlife" also includes deer and elk if the deer and elk are located in a county that is bordered by Puget Sound, the Pacific ocean, and the Strait of Juan de Fuca."

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

Representative Blake spoke against the adoption of the amendment.

Amendment (1010) was not adopted.

Representative Van De Wege moved the adoption of amendment (1004):

Beginning on page 3, line 34, strike all of section 3 and insert the following: