SIXTY SECOND LEGISLATURE - REGULAR SESSION

 

 

TWENTY FOURTH DAY

 

 

House Chamber, Olympia, Wednesday, February 1, 2012

 


The House was called to order at 10:00 a.m. by the Speaker (Representative Orwall 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 Jaalam Legette and Dyoni Shuster.  The Speaker (Representative Orwall presiding) led the Chamber in the Pledge of Allegiance.  The prayer was offered by Reverend Dr. Dennis Magnuson, United Methodist Church in Washington.

 

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

 

INTRODUCTION & FIRST READING

 

HB 2755  by Representatives Ahern, Walsh and McCune

 

AN ACT Relating to prohibiting the implementation of certain rules pertaining to licensed family day care providers; amending RCW 43.215.350; and declaring an emergency.

 

Referred to Committee on Early Learning & Human Services.

 

HB 2756  by Representative Warnick

 

AN ACT Relating to irrigation and rehabilitation district administration; amending RCW 87.84.060, 87.84.070, and 87.84.071; and adding a new section to chapter 87.84 RCW.

 

Referred to Committee on Local Government.

 

HB 2757  by Representative Moeller

 

AN ACT Relating to establishing the center for childhood deafness and hearing loss account and the school for the blind account; amending RCW 43.79A.040; adding new sections to chapter 72.40 RCW; and providing an effective date.

 

Referred to Committee on Ways & Means.

 

HB 2758  by Representatives Hunter and Alexander

 

AN ACT Relating to strengthening the department of revenue's ability to collect spirits taxes imposed under RCW 82.08.150; amending RCW 82.03.190, 66.24.010, 66.08.150, 34.05.422, and 82.32.145; reenacting and amending RCW 82.32.080; adding a new section to chapter 82.08 RCW; adding a new section to chapter 66.28 RCW; creating a new section; and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

HB 2759  by Representatives Overstreet, Shea, Buys, Condotta and Taylor

 

AN ACT Relating to creating the Washington state preservation of liberty act condemning the unlawful detention of United States citizens and lawful resident aliens under the national defense authorization act for fiscal year 2012; adding a new section to chapter 42.20 RCW; adding a new section to chapter 38.40 RCW; creating new sections; and declaring an emergency.

 

Referred to Committee on Judiciary.

 

HB 2760  by Representatives Condotta, Warnick and Fagan

 

AN ACT Relating to state and local taxes paid on state parks fees; adding a new section to chapter 67.28 RCW; and declaring an emergency.

 

Referred to Committee on General Government Appropriations & Oversight.

 

HB 2761  by Representative Hunt

 

AN ACT Relating to disclosure of public records compiled by an employing agency conducting an investigation of possible misconduct; and reenacting and amending RCW 42.56.250.

 

Referred to Committee on State Government & Tribal Affairs.

 

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.

 

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

 

SECOND READING

 

      HOUSE BILL NO. 1865, by Representatives Kirby and Bailey

 

      Addressing the handling of claims associated with products issued under specialty producer licenses.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 1865 was substituted for House Bill No. 1865 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 1865 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 Kirby and Bailey spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1865.

 

MOTIONS

 

On motion of Representative Van De Wege, Representative Stanford was excused. On motion of Representative Hinkle, Representative Chandler was excused.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute House Bill No. 1865, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

      Excused: Representatives Chandler and Stanford.

 

SUBSTITUTE HOUSE BILL NO. 1865, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 2235, by Representatives Kirby and Bailey

 

      Revising franchise investment protection provisions.

 

      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 Kirby and Bailey spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 2235.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 2235, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

      Excused: Representatives Chandler and Stanford.

 

HOUSE BILL NO. 2235, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 2255, by Representatives Kirby and Bailey

 

      Concerning nondepository institutions regulated by the department of financial institutions.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 2255 was substituted for House Bill No. 2255 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 2255 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 Kirby and Bailey spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2255.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute House Bill No. 2255, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

      Excused: Representatives Chandler and Stanford.

 

SUBSTITUTE HOUSE BILL NO. 2255, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 2305, by Representatives Angel, Takko and Green

 

      Changing authority for contracts with community service organizations for public improvements.

 

      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 Angel and Takko spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 2305.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 2305, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

      Excused: Representatives Chandler and Stanford.

 

HOUSE BILL NO. 2305, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 2306, by Representatives Hinkle and Green

 

      Authorizing the presentation of claims for payment for pathology services to direct patient-provider primary care practices.

 

      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 Hinkle and Cody spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 2306.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 2306, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

      Excused: Representatives Chandler and Stanford.

 

HOUSE BILL NO. 2306, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 2360, by Representatives Stanford, Rivers and Ryu

 

      Concerning deposit and investment provisions for the prearrangement trust funds of cemetery authorities and funeral establishments.

 

      The bill was read the second time.

 

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

 

SUBSTITUTE HOUSE BILL NO. 2360 was read the second time.

 

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

 

      Representatives Rivers and Kirby spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2360.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute House Bill No. 2360, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

      Excused: Representatives Chandler and Stanford.

 

SUBSTITUTE HOUSE BILL NO. 2360, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 2362, by Representatives Haler, Blake and Chandler

 

      Regarding wine producer liens.

 

      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 Haler and Blake spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of House Bill No. 2362.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of House Bill No. 2362, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

      Excused: Representatives Chandler and Stanford.

 

HOUSE BILL NO. 2362, having received the necessary constitutional majority, was declared passed.

 

      HOUSE BILL NO. 2367, by Representatives Buys, Lytton, Chandler, Blake, Fagan, Wilcox and Overstreet

 

      Regarding the dairy products commission.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 2367 was substituted for House Bill No. 2367 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 2367 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 Buys and Blake spoke in favor of the passage of the bill.

 

The Speaker (Representative Orwall presiding) stated the question before the House to be the final passage of Substitute House Bill No. 2367.

 

ROLL CALL

 

      The Clerk called the roll on the final passage of Substitute House Bill No. 2367, and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Appleton, Armstrong, Asay, Bailey, Billig, Blake, Buys, Carlyle, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Goodman, Green, Haigh, Haler, Hansen, Hargrove, Harris, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Kenney, Kirby, Klippert, Kretz, Kristiansen, Ladenburg, Liias, Lytton, Maxwell, McCoy, McCune, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Overstreet, Parker, Pearson, Pedersen, Pettigrew, Pollet, Probst, Reykdal, Rivers, Roberts, Rodne, Ross, Ryu, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Sullivan, Takko, Taylor, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.

      Excused: Representatives Chandler and Stanford.

 

SUBSTITUTE HOUSE BILL NO. 2367, having received the necessary constitutional majority, was declared passed.

 

POINT OF PERSONAL PRIVILEGE

 

Representative Shea congratulated Representative Buys on the passage of his first bill through the House, and asked the Chamber to acknowledge his accomplishment.

 

      HOUSE BILL NO. 2223, by Representatives Takko, Morris, Armstrong and Angel

 

      Regarding the effective date of RCW 19.122.130, from the underground utility damage prevention act.

 

      The bill was read the second time.

 

There being no objection, Substitute House Bill No. 2223 was substituted for House Bill No. 2223 and the substitute bill was placed on the second reading calendar.

 

SUBSTITUTE HOUSE BILL NO. 2223 was read the second time.

 

Representative Takko moved the adoption of amendment (877).

 

0)                On page 3, beginning on line 15, after "act" strike all material through "section," on line 16 and insert "(chapter 263, Laws of 2011),"

 

      Representatives Takko and Crouse spoke in favor of the adoption of the amendment.

 

Amendment (877) 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 Takko spoke in favor of the passage of the bill.

 

      There being no objection, the House deferred action on ENGROSSED SUBSTITUTE HOUSE BILL NO. 2223, and the bill held its place on the third reading calendar.

 

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

 

There being no objection, the House adjourned until 9:55 a.m., February 2, 2012, the 25th Day of the Regular Session.

 

FRANK CHOPP, Speaker

BARBARA BAKER, Chief Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 




1865

Second Reading.................................................................................... 1

1865-S

Second Reading.................................................................................... 1

Third Reading Final Passage................................................................ 2

2223

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

2223-S

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

Amendment Offered............................................................................. 4

Other Action......................................................................................... 5

2235

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

Third Reading Final Passage................................................................ 2

2255

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

2255-S

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

Third Reading Final Passage................................................................ 2

2305

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

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

2306

Second Reading.................................................................................... 3

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

2360

Second Reading.................................................................................... 3

2360-S

Second Reading.................................................................................... 3

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

2362

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

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

2367

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

2367-S

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

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

2755

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

2756

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

2757

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

2758

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

2759

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

2760

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

2761

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

HOUSE OF REPRESENTATIVES

Personal Privilege, Representative Shea.............................................. 4