FIFTY THIRD DAY, MARCH 4, 2010 1 SIXTY FIRST LEGISLATURE - REGULAR SESSION

FIFTY THIRD DAY

House Chamber, Olympia, Thursday, March 4, 2010

The House was called to order at 10:00 a.m. by the Speaker WHEREAS, J.R. Celski sliced his leg to the bone just five (Representative Morris presiding). The Clerk called the roll and a months before the 2010 Olympic Winter Games and thought for a quorum was present. moment that his Olympic dream was over, but his mother ran onto the ice and told him, "No, it's not over, J.R. you're going to be fine." He The flags were escorted to the rostrum by a Sergeant at Arms didn't give up; he healed and trained and worked hard every day and Color Guard, Pages John Mendez and Sophie DeBolt. The rejoined Team USA; he competed against the best in the world in the Speaker (Representative Morris presiding) led the Chamber in the men's 1,500 meter race and 5,000 meter relay race; and he won two Pledge of Allegiance. The prayer was offered by Pastor Carrie bronze medals for himself and for our country; and McClain, River Ridge Covenant Church, Lacey. WHEREAS, Apolo Anton Ohno and J.R. Celski became athletic champions while continuing to pursue their education, which should Reading of the Journal of the previous day was dispensed with be an inspiration to the dreams of young men and women and it was ordered to stand approved. everywhere; NOW, THEREFORE, BE IT RESOLVED, That the Washington RESOLUTIONS State House of Representatives recognize Apolo Anton Ohno and J.R. Celski for being true champions who have brought honor to their HOUSE RESOLUTION NO. 4694, by Representatives Miloscia sport, to Team USA, to their families, to their home towns of Federal and Priest Way and Seattle, to Washington state, and to the United States of America; and WHEREAS, The heroic achievements of Apolo Anton Ohno and BE IT FURTHER RESOLVED, That a copy of this resolution be J.R. Celski will inspire generations of Americans and sports lovers immediately transmitted by the Chief Clerk of the House of around the world, and will live forever in the annals of the Olympic Representatives to the International Olympic Committee, United Games; and States Olympic Committee, United States Speedskating, Pattison's WHEREAS, Before they became champions on ice, Apolo Anton West Skating Center, Yuki Ohno, Apolo Anton Ohno, Bob and Sue Ohno and J.R. Celski learned in-line skating in Federal Way at Celski, and J.R. Celski. Pattison's West Skating Center, which the New York Times has named "Washington State's Rink of Dreams"; and The Speaker (Representative Morris presiding) stated the WHEREAS, Apolo Anton Ohno decided to become a world question before the House to be adoption of House Resolution No. champion skater in Copalis Beach, Washington, and went on to 4694. become the reigning eight-time United States Short Track Speedskating Champion, and the most decorated American in the HOUSE RESOLUTION NO. 4694 was adopted. history of the Olympic Winter Games, with three Olympics and eight Olympic medals to his name, including two gold, two silver, and four HOUSE RESOLUTION NO. 4692, by Representatives Wallace bronze medals; and and Sells WHEREAS, Apolo Anton Ohno united his physical gifts with a strong and determined character and a winning personality that is a WHEREAS, Ann Daley has a long and distinguished career of tribute not only to him and his coaches, but also to his proud father, public service at the federal level for eight years and in Washington Yuki Ohno, who owns the Seattle hair salon Yuki's Diffusions, and State for thirty-one years; and who raised Apolo Anton Ohno as a single parent; and WHEREAS, Ann Daley has served on the staff of United States WHEREAS, Apolo Anton Ohno and his dance partner, Julianne Senator Alan Cranston, and in the administration of four governors of Hough, won the Dancing with the Stars championship in 2007, which the State of Washington, including the Honorable Booth Gardner, the added to his glory far beyond the short track, and helped him to Honorable Mike Lowry, the Honorable Gary Locke, and the achieve his current ranking as America's all-time favorite Winter Honorable Christine O. Gregoire; and Olympian by the online Smithsonian Magazine poll; and WHEREAS, Ann Daley has served as staff to both the House of WHEREAS, John Robert Celski is blessed with a strong family Representatives and the Senate of the State of Washington, including and was inspired to excel by his father, Bob Celski, his mother, Sue staff to Speaker Joe King; and Celski, and his two older brothers, Chris and David Celski. He is WHEREAS, Ann Daley served as assistant treasurer for known the world over as J.R. Celski because that name honors his Washington State; and father and his mother's late brother, Al Mendoza Sabado, Jr.; and WHEREAS, Ann Daley was appointed to the board of regents at WHEREAS, J.R. Celski got his first skates on his third birthday the University of Washington in 1995; and in Federal Way and was later inspired by Apolo Anton Ohno's 2002 WHEREAS, Ann Daley has served on numerous other boards Olympic victories to become a speedskating champion. He won his and commissions, including both the pollution control and the first short track medal at age 12 and went on to earn medals at the shoreline hearings boards; and U.S. Junior Championships, World Junior Championships, and U.S. WHEREAS, Ann Daley served as vice president for business and Championships before astounding the speedskating world by finance at The Evergreen State College; and becoming a five-time medalist at the 2009 World Championships; WHEREAS, Ann Daley has been a strong advocate for education and at all levels as fundamentally important to a civil society; and

2 JOURNAL OF THE HOUSE WHEREAS, Ann Daley was lead staff for Governor Gregoire's There being no objection, the rules were suspended, the second Washington Learns; and reading considered the third and the bill was placed on final WHEREAS, Ann Daley served as the executive director of the passage. higher education coordinating board twice, and produced two fundamentally important strategic master plans for higher education; Representative Moeller spoke in favor of the passage of the and bill. WHEREAS, Ann Daley is regarded as among the best in Washington at bringing diverse interest groups to consensus around Representative Roach spoke against the passage of the bill. sound public policy; and WHEREAS, Ann Daley has always served the public with the The Speaker (Representative Morris presiding) stated the utmost integrity, and has earned a reputation as being an intelligent, question before the House to be the final passage of Substitute fair-minded, and even-handed leader; and House Bill No. 2488. WHEREAS, Ann Daley will leave public service at the end of March 2010 to devote full time in her role as Gram Gram to Alyssa, ROLL CALL Koby, and James; NOW, THEREFORE, BE IT RESOLVED, That the House of The Clerk called the roll on the final passage of Substitute Representatives commend Ann Daley for nearly forty years of House Bill No. 2488, and the bill passed the House by the dedicated service to the people of Washington State; and following vote: Yeas, 65; Nays, 33; Absent, 0; Excused, 0. BE IT FURTHER RESOLVED, That copies of this resolution be Voting yea: Representatives Anderson, Appleton, Blake, immediately transmitted by the Chief Clerk of the House of Carlyle, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Representatives to Ann Daley. Driscoll, Dunshee, Eddy, Ericks, Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jacks, The Speaker (Representative Morris presiding) stated the Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Liias, Linville, question before the House to be adoption of House Resolution No. Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, Nelson, 4692. O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Priest, Quall, Roberts, Rodne, Rolfes, Santos, Seaquist, Sells, Short, Simpson, HOUSE RESOLUTION NO. 4692 was adopted. Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, Williams, Wood and Mr. Speaker. MESSAGE FROM THE SENATE Voting nay: Representatives Alexander, Angel, Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, Dammeier, March 3, 2010 DeBolt, Ericksen, Fagan, Haler, Herrera, Hinkle, Hope, Johnson, Mr. Speaker: Klippert, Kristiansen, McCune, Nealey, Orcutt, Parker, Pearson, Probst, Roach, Ross, Schmick, Shea, Smith, Taylor, Walsh and The Senate has passed: Warnick. HOUSE BILL NO. 1541 ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1560 SUBSTITUTE HOUSE BILL NO. 2488, having received the SECOND SUBSTITUTE HOUSE BILL NO. 1591 necessary constitutional majority, was declared passed. HOUSE BILL NO. 2419 SUBSTITUTE HOUSE BILL NO. 2649 HOUSE BILL NO. 2740 ENGROSSED SUBSTITUTE SENATE BILL NO. 6359, by ENGROSSED HOUSE BILL NO. 2830 Senate Committee on Higher Education & Workforce ENGROSSED HOUSE BILL NO. 2831 Development (originally sponsored by Senators Kilmer, ENGROSSED SUBSTITUTE HOUSE BILL NO. 2913 Becker, Shin and Tom) SUBSTITUTE HOUSE BILL NO. 2962 and the same are herewith transmitted. Promoting efficiencies including institutional coordination Thomas Hoemann, Secretary and partnerships in the community and technical college system. There being no objection, the House advanced to the sixth order of business. The bill was read the second time.

SECOND READING There being no objection, the committee amendment by the Committee on Education Appropriations was adopted. (For HOUSE BILL NO. 2488, by Representatives Moeller, Committee amendment, see Journal, Day 46, February 25, 2010). Morrell and Hasegawa With the consent of the House, amendment (1360) was Concerning vehicle and vessel quick title. withdrawn.

The bill was read the second time. There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, There being no objection, Substitute House Bill No. 2488 was was placed on final passage. substituted for House Bill No. 2488 and the substitute bill was placed on the second reading calendar. Representatives Carlyle, Anderson, Roach, Ross and Ericksen spoke in favor of the passage of the bill. SUBSTITUTE HOUSE BILL NO. 2488 was read the second time. The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6359, as amended by the House.

FIFTY THIRD DAY, MARCH 4, 2010 3 Voting nay: Representatives Chandler, Herrera, Orcutt, ROLL CALL Ormsby and Taylor.

The Clerk called the roll on the final passage of Engrossed SENATE BILL NO. 6418, having received the necessary Substitute Senate Bill No. 6359, as amended by the House, and the constitutional majority, was declared passed. bill passed the House by the following vote: Yeas, 96; Nays, 2; Absent, 0; Excused, 0. HOUSE BILL NO. 3132, by Representative Van De Wege Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Eliminating the Columbia River Gorge Compact. Chase, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, The bill was read the second time. Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, There being no objection, Substitute House Bill No. 3132 was Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, substituted for House Bill No. 3132 and the substitute bill was Kretz, Kristiansen, Linville, Maxwell, McCoy, McCune, Moeller, placed on the second reading calendar. Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, SUBSTITUTE HOUSE BILL NO. 3132 was read the second Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, time. Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Representative Van De Wege moved the adoption of Williams, Wood and Mr. Speaker. amendment (1386). Voting nay: Representatives Liias and Miloscia. Beginning on page 1, line 14, strike all of section 2 and insert the ENGROSSED SUBSTITUTE SENATE BILL NO. 6359, as following: amended by the House, having received the necessary "NEW SECTION. Sec. 2. A new section is added to chapter constitutional majority, was declared passed. 43.97 RCW to read as follows: (1) The governor's office shall work with the state of Oregon to SENATE BILL NO. 6418, by Senators Marr and Brown initiate dissolution of the Columbia River Gorge Compact. If the governor's office determines that the Columbia River Gorge Compact Regarding cities and towns annexed to fire protection cannot be dissolved, the governor's office shall work to renegotiate districts. with the state of Oregon terms of the Columbia River Gorge Compact that reflects accomplishments made since the first agreement in 1987 The bill was read the second time. and reflects the approved Columbia River Gorge scenic area management plan as of June 2007. There being no objection, the rules were suspended, the second (2) The governor may also pursue discussions with Klickitat, reading considered the third and the bill was placed on final Skamania, and Clark counties on developing a source of funding to passage. address the costs of local planning and permitting, and to identify local options for implementing the Columbia River Gorge Compact. Representatives Simpson, Angel and Parker spoke in favor of (3) The governor's office shall report to the legislature by the passage of the bill. December 31, 2010, on the status of dissolving or renegotiating the Columbia River Gorge Compact." Representative Orcutt spoke against the passage of the bill. Correct the title.

The Speaker (Representative Morris presiding) stated the Representatives Van De Wege and McCune spoke in favor of question before the House to be the final passage of Senate Bill the adoption of the amendment. No. 6418. Amendment (1386) was adopted. ROLL CALL The bill was ordered engrossed. The Clerk called the roll on the final passage of Senate Bill No. 6418, and the bill passed the House by the following vote: There being no objection, the rules were suspended, the second Yeas, 93; Nays, 5; Absent, 0; Excused, 0. reading considered the third and the bill was placed on final Voting yea: Representatives Alexander, Anderson, Angel, passage. Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, Darneille, Representatives Van De Wege, McCune and Moeller spoke in DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, favor of the passage of the bill. Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Representative Orcutt spoke against the passage of the bill. Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, The Speaker (Representative Morris presiding) stated the Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orwall, Parker, question before the House to be the final passage of Engrossed Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Substitute House Bill No. 3132. Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, ROLL CALL Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

4 JOURNAL OF THE HOUSE The Clerk called the roll on the final passage of Engrossed information on the amount of any fees charged for services rendered Substitute House Bill No. 3132, and the bill passed the House by with regard to the bond issue. the following vote: Yeas, 92; Nays, 6; Absent, 0; Excused, 0. Each local government that issues any type of bond ((shall)) may Voting yea: Representatives Alexander, Appleton, Armstrong, make a report annually to the department of ((community, trade, and Bailey, Blake, Campbell, Carlyle, Chase, Clibborn, Cody, economic development)) commerce that includes a summary of all Condotta, Conway, Crouse, Dammeier, Darneille, DeBolt, the outstanding bonds of the local government as of the first day of Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, January in that year. Such report ((shall)) may distinguish the Finn, Flannigan, Goodman, Green, Haigh, Haler, Herrera, Hinkle, outstanding bond issues on the basis of the type of bond, as defined in Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, RCW 39.44.200, and ((shall)) may report the local government's Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, outstanding indebtedness compared to any applicable limitations on Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, indebtedness, including RCW 35.42.200, 39.30.010, and 39.36.020." Morris, Nealey, Nelson, O'Brien, Ormsby, Orwall, Parker, Renumber remaining sections consecutively and correct title Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, and internal references accordingly. Roberts, Rodne, Rolfes, Ross, Santos, Seaquist, Sells, Shea, Short, On page 14, after line 30, insert the following: Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, "NEW SECTION. Sec. 13. MUNICIPALITIES: Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood REPORTING ON ENERGY CONSERVATION MEASURES. and Mr. Speaker. RCW 43.19.691 and 2005 c 299 s 5 are each repealed." Voting nay: Representatives Anderson, Angel, Chandler, Renumber remaining sections consecutively and correct title and Hasegawa, Orcutt and Schmick. internal references accordingly.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 3132, Representatives Alexander and Kenney spoke in favor of the having received the necessary constitutional majority, was declared adoption of the amendment. passed. Amendment (1404) was adopted. HOUSE BILL NO. 3182, by Representatives Alexander, DeBolt, Armstrong, Kristiansen, Pearson, Bailey, Rodne, Representative Alexander moved the adoption of amendment Johnson, Short, Dammeier, Taylor, Crouse, Nealey, Walsh, (1428). Roach, Warnick, Klippert, Parker, Ross, Haler, Fagan, Orcutt, Schmick, Angel, Smith, Shea, Ericksen and Kretz On page 14, beginning on line 13, strike all of section 12 and insert the following: Making unfunded mandates optional on local governments. "Sec. 12. RCW 84.40.175 and 1994 c 124 s 24 are each amended Revised for 1st Substitute: Making certain unfunded mandates to read as follows: optional for school districts and other political subdivisions. COUNTIES: VALUATION OF TAX-EXEMPT PUBLIC The bill was read the second time. PROPERTY. At the time of making the assessment of real property, the assessor shall enter each description of property exempt under the There being no objection, Substitute House Bill No. 3182 was provisions of chapter 84.36 RCW, and ((value and)) list the same in substituted for House Bill No. 3182 and the substitute bill was the manner and subject to the same rule as the assessor is required to placed on the second reading calendar. assess all other property, designating in each case to whom such property belongs. Except as otherwise provided in law, the assessor SUBSTITUTE HOUSE BILL NO. 3182 was read the second is not required to value property exempt under the provisions of RCW time. 84.36.010. However, with respect to publicly owned property exempt from taxation under provisions of RCW 84.36.010, the assessor shall Representative Alexander moved the adoption of amendment value only such property as is leased to or occupied by a private (1404). person under an agreement allowing such person to occupy or use such property for a private purpose when a request for such valuation On page 13, after line 11, insert the following: is received from the department of revenue or the lessee of such "Sec. 11. LOCAL GOVERNMENTS: REPORT TO property for use in determining the taxable rent as provided for in DEPARTMENT OF COMMERCE ON BONDS. RCW 39.44.210 chapter 82.29A RCW: PROVIDED FURTHER, That this section and 1995 c 399 s 54 are each amended to read as follows: shall not prohibit any assessor from valuing any public property For each state or local government bond issued, the underwriter leased to or occupied by a private person for private purposes." of the issue shall supply the department of ((community, trade, and economic development)) commerce with information on the bond Representative Alexander spoke in favor of the adoption of the issue within twenty days of its issuance. In cases where the issuer of amendment. the bond makes a direct or private sale to a purchaser without benefit of an underwriter, the issuer shall supply the required information. Amendment (1428) was adopted. The bond issue information shall be provided on a form prescribed by the department of ((community, trade, and economic development)) The bill was ordered engrossed. commerce and shall include but is not limited to: (1) The par value of the bond issue; (2) the effective interest rates; (3) a schedule of There being no objection, the rules were suspended, the second maturities; (4) the purposes of the bond issue; (5) cost of issuance reading considered the third and the bill was placed on final information; and (6) the type of bonds that are issued. A copy of the passage. bond covenants shall be supplied with this information. For each state or local government bond issued, the issuer's bond Representatives Alexander and Linville spoke in favor of the counsel promptly shall provide to the underwriter or to the department passage of the bill. of ((community, trade, and economic development)) commerce

FIFTY THIRD DAY, MARCH 4, 2010 5 The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 3182. On page 3, line 27, after "contract" insert "or that meets the same specifications but is not part of an original equipment service ROLL CALL contract" On page 3, line 30, after "contract" insert "or that meets the same The Clerk called the roll on the final passage of Engrossed specifications but is not part of an original equipment service Substitute House Bill No. 3182, and the bill passed the House by contract" the following vote: Yeas, 96; Nays, 2; Absent, 0; Excused, 0. Voting yea: Representatives Alexander, Anderson, Angel, Representative Shea spoke in favor of the adoption of the Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, amendment to the committee amendment. Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Representative Chase spoke against the adoption of the Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Herrera, amendment to the committee amendment. Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, An electronic roll call was requested. Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, The Speaker (Representative Morris presiding) stated the Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, question before the House to be the adoption of amendment (1447) Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, to the committee amendment to Substitute Senate Bill No. 6557. Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, ROLL CALL Williams, Wood and Mr. Speaker. Voting nay: Representatives Chase and Hasegawa. The Clerk called the roll on the adoption of amendment (1447) to the committee amendment to Substitute Senate Bill No. 6557 ENGROSSED SUBSTITUTE HOUSE BILL NO. 3182, and the amendment was not adopted by the following vote: Yeas, having received the necessary constitutional majority, was declared 39; Nays, 58; Absent, 0; Excused, 0. passed. Voting yea: Representatives Alexander, Angel, Armstrong, Bailey, Campbell, Chandler, Condotta, Conway, Crouse, SUBSTITUTE SENATE BILL NO. 6557, by Senate Dammeier, DeBolt, Ericksen, Fagan, Haler, Herrera, Hinkle, Hope, Committee on Environment, Water & Energy (originally Johnson, Klippert, Kretz, Kristiansen, McCune, Nealey, Orcutt, sponsored by Senators Ranker, Swecker, Rockefeller, Parker, Pearson, Priest, Probst, Roach, Rodne, Ross, Schmick, Brandland, Brown, Kohl-Welles, Shin, Fraser and Kline) Shea, Short, Smith, Taylor, Wallace, Warnick and Williams. Voting nay: Representatives Anderson, Appleton, Blake, Limiting the use of copper and other substances in vehicle Carlyle, Chase, Clibborn, Cody, Darneille, Dickerson, Driscoll, brake pads. Revised for 1st Substitute: Limiting the use of Dunshee, Eddy, Ericks, Finn, Flannigan, Goodman, Green, Haigh, certain substances in brake friction material. Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jacks, Kagi, Kelley,

Kenney, Kessler, Kirby, Liias, Linville, Maxwell, McCoy, The bill was read the second time. Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby,

Orwall, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, There being no objection, the committee amendment by the Seaquist, Sells, Simpson, Springer, Sullivan, Takko, Upthegrove, Committee on General Government Appropriations was before the Van De Wege, White, Wood and Mr. Speaker. House for purpose of amendment. (For Committee amendment, see

Journal, Day 46, February 25, 2010). Amendment (1447) to the committee amendment was not

adopted. Representative Chase moved the adoption of amendment

(1383) to the committee amendment: The committee amendment by the Committee on General

Government Appropriations was adopted as amended. On page 1, line 26 of the amendment, after "at" insert "or above"

On page 3, at the beginning of line 34 of the amendment, strike There being no objection, the rules were suspended, the second "analysis" and insert "analyses" reading considered the third and the bill, as amended by the House, On page 5, line 30 of the amendment, after "demonstrate" strike was placed on final passage. "it is not feasible to comply with the requirements of this chapter, is necessary to comply" and insert "that complying with the Representative Chase spoke in favor of the passage of the bill. requirements of this chapter is not feasible, does not allow compliance" COLLOQUY On page 6, line 27 of the amendment, after "from" strike "this chapter" and insert "public disclosure" Representative Shea: “Section 6 of Substitute Senate Bill No.

6557 relates to the process that a motor vehicle manufacturer or Representatives Chase and Shea spoke in favor of the adoption brake friction material manufacturer can apply for an exemption of the amendment to the committee amendment. from the provisions of this legislation. This exemption may be

particularly important for small volume motor vehicle Amendment (1383) to the committee amendment was adopted. manufacturers, who are defined in the bill as those manufacturers

that do not sell more than 1,000 vehicles into the state. Upon Representative Shea moved the adoption of amendment (1447) qualifying for the exemption, is it the Legislature’s intent that the to the committee amendment. department automatically renew the exemption for small volume

6 JOURNAL OF THE HOUSE vehicle manufacturers if the low copper brake pad specified in this bill is not available due to safety, feasibility, or financial hardship There being no objection, the committee amendment by the concerns, and that the manufacturer does not sell more than 1,000 Committee on Ways & Means, was adopted. (For Committee vehicles into the state?” amendment, see Journal, Day 49, February 28, 2010).

Representative Chase: “Yes, it is the Legislature’s intent that There being no objection, the rules were suspended, the second the department administers the exemption as follows: if the small reading considered the third and the bill, as amended by the House, volume vehicle manufacturer demonstrates that they cannot was placed on final passage. comply with the restrictions in this legislation due to safety concerns, feasibility or financial hardship, that the department will Representatives Armstrong and Hunt spoke in favor of the automatically renew the exemption for manufacturers that do not passage of the bill. sell more than 1,000 vehicles in the state.” The Speaker (Representative Morris presiding) stated the Representative Shea spoke against the passage of the bill. question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6724, as amended by the House. The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute ROLL CALL Senate Bill No. 6557, as amended by the House. The Clerk called the roll on the final passage of Engrossed ROLL CALL Substitute Senate Bill No. 6724, as amended by the House, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; The Clerk called the roll on the final passage of Substitute Absent, 0; Excused, 0. Senate Bill No. 6557, as amended by the House, and the bill Voting yea: Representatives Alexander, Anderson, Angel, passed the House by the following vote: Yeas, 86; Nays, 12; Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Absent, 0; Excused, 0. Chase, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, Voting yea: Representatives Alexander, Anderson, Angel, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chase, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Clibborn, Cody, Conway, Dammeier, Darneille, DeBolt, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Liias, Linville, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Nelson, O'Brien, Ormsby, Orwall, Parker, Pedersen, Pettigrew, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Schmick, Seaquist, Sells, Simpson, Smith, Springer, Sullivan, Walsh, Warnick, White, Williams, Wood and Mr. Speaker. Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker. ENGROSSED SUBSTITUTE SENATE BILL NO. 6724, as Voting nay: Representatives Chandler, Condotta, Crouse, amended by the House, having received the necessary Klippert, Kretz, Kristiansen, Nealey, Orcutt, Pearson, Shea, Short constitutional majority, was declared passed. and Taylor. SENATE JOINT MEMORIAL NO. 8025, by Senators SUBSTITUTE SENATE BILL NO. 6557, as amended by the Prentice, Haugen, Fraser, Shin and Roach House, having received the necessary constitutional majority, was declared passed. Requesting that a retired space shuttle orbiter be transferred to Washington's museum of flight. STATEMENT FOR THE JOURNAL The joint memorial was read the second time. I intended to vote NAY on Substitute Senate Bill No. 6557. Jim McCune, 2nd District There being no objection, the rules were suspended, the second reading considered the third and the joint memorial was placed on SECOND READING final passage.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6724, by Representatives Hasegawa, Orcutt and Linville spoke in favor Senate Committee on Government Operations & Elections of the passage of the joint memorial. (originally sponsored by Senators Kilmer, Kauffman, Eide, Berkey, Murray, Shin and Keiser) The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Senate Joint Allowing employees of a school district or educational Memorial No. 8025. service district to share leave with employees in another agency. Revised for 1st Substitute: Allowing employees of a ROLL CALL school district or educational service district to share leave with employees in another agency. (REVISED FOR The Clerk called the roll on the final passage of Senate Joint ENGROSSED: Addressing the shared leave program. ) Memorial No. 8025, and the joint memorial passed the House by the following vote: Yeas, 96; Nays, 2; Absent, 0; Excused, 0. The bill was read the second time.

FIFTY THIRD DAY, MARCH 4, 2010 7 Voting yea: Representatives Alexander, Anderson, Angel, On page 9, line 23 of the amendment, after "shall" strike "make" Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, and insert "take" Chase, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, On page 10, line 7 of the amendment, after "applicant" insert "or Darneille, DeBolt, Dickerson, Driscoll, Eddy, Ericks, Ericksen, returned for correction by the department. The department may Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, return an initial proof of examination for correction within thirty days Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, of the department's receipt of such initial proof from a certified water Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, right examiner. Such proof must be returned to both the certified Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, water right examiner and the applicant. Within thirty days of the Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, department's receipt of such returned proof from the certified water Orcutt, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, right examiner, the department shall make its final decision under Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, RCW 90.03.330, unless otherwise requested by the applicant" Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, On page 10, line 19 of the amendment, after "department" strike Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, "deems" and insert "has already conducted a final proof of Walsh, Warnick, White, Williams, Wood and Mr. Speaker. examination or finds" Voting nay: Representatives Dunshee and Ormsby. On page 16, line 25 of the amendment, after "regular processing," insert "priority processing," SENATE JOINT MEMORIAL NO. 8025, having received the On page 17, after line 2 of the amendment, insert the following: necessary constitutional majority, was declared passed. "NEW SECTION. Sec. 13. A new section is added to chapter 90.03 RCW to read as follows: The Speaker (Representative Morris presiding) called upon Nothing in this act affects or diminishes the processing of water Representative Moeller to preside. right applications under any other existing authority, including but not limited to existing authority for the priority processing of applications SECOND READING by the department." Renumber the remaining sections consecutively and correct ENGROSSED SECOND SUBSTITUTE SENATE BILL any internal references accordingly. NO. 6267, by Senate Committee on Ways & Means (originally sponsored by Senators Rockefeller and Honeyford) Representatives Blake and Chandler spoke in favor of the adoption of the amendment to the committee amendment. Regarding water right processing improvements.

Amendment (1421) to the committee amendment was adopted. The bill was read the second time.

Representative Dunshee moved the adoption of amendment There being no objection, the committee amendment by the (1450) to the committee amendment. Committee on Agriculture & Natural Resources was before the

House for purpose of amendment. (For Committee amendment, see On page 17, after line 2 of the amendment, insert the following: Journal, Day 46, February 25, 2010). "NEW SECTION. Sec. 13. It is the intent of the legislature to

recover the actual cost of processing applications for water right With the consent of the House, amendments (1280) and (1430) permits and to stop subsidizing the processing of water right permits to the committee amendment were withdrawn. out of general tax revenues. The legislature recognizes that the largest

beneficiary of receiving a water permit is the person receiving the Representative Blake moved the adoption of amendment water permit. (1421) to the committee amendment: It is further the intent of the legislature that the backlog of

applications be eliminated within five years of the effective date of On page 2, line 25 of the amendment, after "department" insert this section and that thereafter water right permit applications be "under this section" processed to a conclusion within twelve months of an application On page 2, line 26 of the amendment, after "application" insert being made to the department of ecology. "under this section" NEW SECTION. Sec. 14. A new section is added to chapter On page 2, line 30 of the amendment, after "denial" insert "made" 90.03 RCW to read as follows: On page 2, line 31 of the amendment, after "department" insert The water rights processing and dam safety account is created in "under this section" the state treasury. All receipts from the fees collected under RCW On page 4, line 6 of the amendment, after "of a" strike 90.03.470 must be deposited into the account. Moneys in the account "contractor" and insert "consultant" may be spent only after appropriation. Expenditures from the account On page 4, line 16 of the amendment, after "subsection" strike may be used only to support the processing of water right applications "(2)" and insert "(3)" and change applications as provided in this chapter and chapters On page 4, line 26 of the amendment, after "work" strike 90.38, 90.42, and 90.44 RCW and the safety inspection of hydraulic "performed by" and insert "that would otherwise be assigned to" works and plans and specifications for such works. On page 4, line 37 of the amendment, after "documentation," Sec. 15. RCW 90.03.470 and 2005 c 412 s 2 are each amended insert "review for conflict of interest," to read as follows: On page 5, beginning on line 35 of the amendment, after The fees specified in this section shall be collected by the "processed" strike "in the future" department in advance of the requested action. On page 5, line 36 of the amendment, after "regular processing," (1) ((For the examination of an application for a permit to insert "priority processing," appropriate water, a minimum fee of fifty dollars must be remitted On page 7, line 32 of the amendment, after "regular processing," with the application. insert "priority processing," For an amount of water exceeding one-half cubic foot per second, On page 8, line 12 of the amendment, before "electronic" insert the examination fee shall be assessed at the rate of one dollar per one "additional" hundredth cubic foot per second. In no case will the examination fee

8 JOURNAL OF THE HOUSE be less than fifty dollars or more than twenty-five thousand dollars. (iv) An application filed by a party to a cost-reimbursement No fee is required under this subsection (1) for an application filed by agreement made under RCW 90.03.265)). a party to a cost-reimbursement agreement made under RCW (d) For a change, transfer, or amendment involving a single 90.03.265.)) For the examination of an application for a permit to project operating under more than one water right, including related appropriate water or for an application to change, transfer, or amend secondary diversion rights, or involving the consolidation of multiple an existing water right, an examination fee equal to one hundred water rights, only one examination fee and one certificate fee are dollars for each one-hundredth of a cubic foot per second must be required to be paid. remitted with the application, but in no case may the examination fee (4) ((The fifty-dollar minimum fee payable with the application be less than one thousand dollars or more than fifty thousand dollars. shall be a credit to the total amount whenever the examination fee (2) The following fees apply for the examination of an application totals more than fifty dollars under the schedule specified in to store water((, a fee of two dollars for each acre foot of storage subsections (1) through (3) of this section and in such case the further proposed shall be charged, but a minimum fee of fifty dollars must be fee due shall be the total computed amount, less the amount remitted with the application. In no case will the examination fee for previously paid. Within five working days from receipt of an a storage project be less than fifty dollars or more than twenty-five application, the department shall notify the applicant by registered thousand dollars. No fee is required under this subsection (2) for an mail of any additional fees due under subsections (1) through (3) of application filed by a party to a cost-reimbursement agreement made this section.)) (a) The fee amounts specified in this section apply to under RCW 90.03.265)) and for an application to change a storage applications received after the effective date of this section and to all right: applications that have not been acted on by the department by (a) For storage of less than one hundred acre feet of water, an issuance of a report of examination as of the effective date of this examination fee of one thousand dollars must be remitted with the section. For pending applications that were filed prior to the effective application. date of this section, any fees that were paid under a previous fee (b) For storage of more than one hundred acre feet of water but schedule must be credited to the amounts required by subsections (1), less than or equal to one thousand acre feet of water, an examination (2), and (3) of this section. When the department is prepared to take fee of two thousand dollars must be remitted with the application. action on an application that was filed prior to the effective date of (c) For storage of more than one thousand acre feet of water but this section, the department shall notify the applicant that additional less than or equal to ten thousand acre feet of water, an examination fees are due and give the applicant sixty days to remit the additional fee of seven thousand five hundred dollars must be remitted with the fees. If the applicant fails to remit the additional fees within the time application. provided, the department shall cancel the application and inform the (d) For storage of more than ten thousand acre feet of water, an applicant of the cancellation. examination fee of fifteen thousand dollars must be remitted with the (b) If the department receives a water right, change, transfer, application. amendment, or storage application that does not include remittance of (3)(a) ((For the examination of an application to transfer, change, the fee amounts required by this section, the department shall return or amend a water right certificate, permit, or claim as authorized by the application to the applicant with instructions on the proper fee RCW 90.44.100, 90.44.105, or 90.03.380, a minimum fee of fifty amount to be remitted. An application does not establish a priority dollars must be remitted with the application. For an application for date until the proper fee is remitted. change involving an amount of water exceeding one cubic foot per (5) The ((fees specified in subsections (1) through (3) of this second, the total examination fee shall be assessed at the rate of fifty section do not apply to any filings)) fee for filing an emergency cents per one hundredth cubic foot per second. For an application for withdrawal authorization((s)) or temporary drought-related water change of a storage water right, the total examination fee shall be right change((s)) authorized under RCW 43.83B.410 that ((are)) is assessed at the rate of one dollar for each acre foot of water involved received by the department while a drought condition order issued in the change. The fee shall be based on the amount of water subject under RCW 43.83B.405 is in effect is one hundred dollars. to change as proposed in the application, not on the total amount of (6) For applying for each extension of time for beginning water reflected in the water right certificate, permit, or claim. In no construction work under a permit to appropriate water, for completion case will the examination fee charged for a change application be less of construction work, or for completing application of water to a than fifty dollars or more than twelve thousand five hundred dollars. beneficial use, a fee of two hundred fifty dollars is required. These (b))) (i) The fee paid to the department for an application for fees also apply to similar extensions of time requested under a change change filed with a water conservancy board under chapter 90.80 or transfer authorization. RCW must be one-fifth of the amounts provided in subsections (1) (7) For the inspection of any hydraulic works to ((insure)) ensure and (2) of this section. A conservancy board may charge its own safety to life and property, a fee based on the actual cost of the processing fees in accordance with RCW 90.80.060. inspection, including the expense incident thereto, is required ((except (ii) The fees in subsections (1) and (2) of this section do not apply as follows: (a) For any hydraulic works less than ten years old, that to applicants that have entered into a cost-reimbursement agreement the department examined and approved the construction plans and with the department under RCW 90.03.265. specifications as to its safety when required under RCW 90.03.350, (b) The examination fee for a temporary or seasonal change under there shall be no fee charged; or (b) for any hydraulic works more RCW 90.03.390 is ((fifty)) two hundred dollars and must be remitted than ten years old, but less than twenty years old, that the department with the application. examined and approved the construction plans and specifications as to (c) No fee is required under this subsection (3) for: its safety when required under RCW 90.03.350, the fee charged shall (i) An application to process a change relating to donation of a not exceed the fee for a significant hazard dam)). trust water right to the state; or (8) For the examination of plans and specifications as to safety of (ii) An application to process a change when the department controlling works for storage of ten acre feet or more of water, a otherwise acquires a trust water right for purposes of improving minimum fee of ((ten)) five hundred dollars, or a fee equal to the instream flows or for other public purposes((; actual cost, is required. (iii) An application filed with a water conservancy board (9) For recording an assignment either of a permit to appropriate according to chapter 90.80 RCW or for the review of a water water or of an application for such a permit, a fee of ((fifty)) two conservancy board's record of decision submitted to the department hundred dollars is required. according to chapter 90.80 RCW; or

FIFTY THIRD DAY, MARCH 4, 2010 9 (10) For preparing and issuing all water right certificates, a fee of (16) Except for the fees relating to the inspection of hydraulic ((fifty)) two hundred dollars is required. works and the examination of plans and specifications of controlling (11) For filing and recording a formal protest against granting any works provided for in subsections (7) and (8) of this section, nothing application, a fee of fifty dollars is required. No fee is required to in this section is intended to grant authority to the department to submit a comment, by mail or otherwise, regarding an application. amend the fees in this section by adoption of rules or otherwise.)) (17) (12) For filing an application to amend a water right claim filed The fees collected by the department under this section must be under chapter 90.14 RCW, a fee of ((fifty)) two hundred dollars is deposited in the water rights processing and dam safety account required. created in section 14 of this act. (13) For the registration of a new permit exempt groundwater (18)(a) The fees specified in this section are effective until the withdrawal as required by RCW 90.44.050, a fee of three hundred department adopts rules that modify them in accordance with section dollars must be remitted. 18 of this act, except that the fees required in subsections (7) and (8) (14)(a) Each person who holds a water right permit application, a of this section may be modified at any time. reservoir permit application, or a change, transfer, or amendment (b) When information has been previously obtained that directly application that is pending at any time between the effective date of relates to the processing of an application in subsections (1) and (2) of this section and June 30, 2011, must remit a one-time fee of two this section, the department must proportionately reduce the fees hundred dollars to the department to retain an application in good associated with that application as a result of the reduced workload of standing. The department shall provide written notice by certified the department. mail to each holder of an application for the fees that are due under NEW SECTION. Sec. 16. A new section is added to chapter this section. The notice must require that the fees be paid within sixty 90.03 RCW to read as follows: days of the date of receipt, but in no case may payment be due later Within existing appropriations, the department must provide than June 30, 2011. For ease of administration, the department may grant funds to assist applicants in the payment of fees required in distribute the issuance of the notices by geographic area. The RCW 90.03.470. The department shall give priority in the surcharge paid under this subsection is a credit against the application distribution of grant money to applicants who designate on their fees required in this section. application that the water will be used for agricultural purposes. (b) Applications not in good standing must be canceled. The Sec. 17. RCW 90.44.050 and 2003 c 307 s 1 are each amended department shall issue an order to any holder of an application who to read as follows: fails to pay the fee within the prescribed time. The order must state (1) After June 6, 1945, no withdrawal of public groundwaters of the that the application is canceled unless payment is received within state shall be begun, nor shall any well or other works for such thirty days. withdrawal be constructed, unless an application to appropriate such (c) The department shall advise an applicant and provide an waters has been made to the department and a permit has been opportunity for an applicant to withdraw their application without granted by it as herein provided: EXCEPT, HOWEVER, That any further payment of fees if the department determines that the withdrawal of public groundwaters for stock-watering purposes, or application would not likely be approved. The department shall for the watering of a lawn or of a noncommercial garden not summarize the basis for its conclusion to the applicant. The exceeding one-half acre in area, or for single or group domestic uses department shall further advise that the applicant has the option of in an amount not exceeding five thousand gallons a day, or as providing an amended application that could include storage or other provided in RCW 90.44.052, or for an industrial purpose in an resource management technique that might make it approvable under amount not exceeding five thousand gallons a day, is and shall be RCW 90.03.255 or 90.44.055. The department's advice is not subject exempt from the provisions of this section, but, to the extent that it is to appeal. If the applicant decides to retain the application on file and regularly used beneficially, shall be entitled to a right equal to that pays the fee required in this subsection, the department shall maintain established by a permit issued under the provisions of this chapter: the application in good standing until it is able to render a final PROVIDED, HOWEVER, That the department from time to time decision on the application. The final decision is subject to appeal to may require the person or agency making any such small withdrawal the pollution control hearings board as provided under chapter 43.21B to furnish information as to the means for and the quantity of that RCW. withdrawal: PROVIDED, FURTHER, That at the option of the party (15) An application or request for an action as provided for under making withdrawals of groundwaters of the state not exceeding five this section is incomplete unless accompanied by the fee or the thousand gallons per day, applications under this section or minimum fee. If no fee or an amount less than the minimum fee declarations under RCW 90.44.090 may be filed and permits and accompanies an application or other request for an action as provided certificates obtained in the same manner and under the same under this section, the department shall return the application or requirements as is in this chapter provided in the case of withdrawals request to the applicant with advice as to the fee that must be remitted in excess of five thousand gallons a day. with the application or request for it to be accepted for processing. If (2)(a) The owner of a permit exempt withdrawal established under additional fees are due, the department shall provide timely this section, the beneficial use of which is commenced on or after the notification by certified mail with return receipt requested to the effective date of this section, must register the withdrawal with the applicant. No action may be taken by the department until the fee is department on a registration form provided by the department. The paid in full. Failure to remit fees within sixty days of the department's registration must include information regarding the ownership and notification is grounds for rejecting the application or request or intended purpose of the withdrawal, the amounts withdrawn or canceling the permit. Cash shall not be accepted. Fees must be paid proposed to be withdrawn, and the location, size, depth, and other by check or money order and are nonrefundable. particulars regarding the well. The department shall make the (((14))) (16) For purposes of calculating fees for groundwater registration form available on its internet site and shall accept the filings, one cubic foot per second shall be regarded as equivalent to filing of registration forms electronically as well as by conventional four hundred fifty gallons per minute. mail or personal delivery. (((15) Eighty percent of the fees collected by the department (b) For each permit exempt withdrawal the beneficial use of under this section shall be deposited in the state general fund. Twenty which is commenced on or after the effective date of this section, the percent of the fees collected by the department under this section shall registration form must be accompanied by a fee of three hundred be deposited in the water rights tracking system account established in dollars. Upon receiving a completed registration form and fee, the RCW 90.14.240. department shall make a record of the registration form and shall

10 JOURNAL OF THE HOUSE return a copy of the registration marked as having been received and Representatives Taylor, Armstrong, McCoy, Chandler, Shea, registered. Warnick, Ericksen, Haler, Taylor (again), Armstrong (again), (c) The well or wells being registered must be tagged in Ericksen (again), Shea (again) and Klippert spoke against the accordance with RCW 18.104.040(6). The department shall provide adoption of the amendment to the committee amendment. an identification tag for each well and shall instruct the owner to affix the tags to the wells used to withdraw water. An electronic roll call was requested. (d) Whenever the owner of a permit exempt withdrawal adds dwelling units or additional purposes for the use of the withdrawal or The Speaker (Representative Moeller presiding) stated the otherwise increases the amount of water to be withdrawn by more question before the House to be the adoption of amendment (1450) than twenty percent, a new registration form and fee of one hundred to the committee amendment to Engrossed Second Substitute dollars must be filed. Senate Bill No. 6267. (e) All fees collected under this section must be deposited into the water rights processing and dam safety account created in section 14 ROLL CALL of this act. (3) The department may issue either an order under RCW The Clerk called the roll on the adoption of amendment (1450) 43.27A.190 or a civil penalty under RCW 90.03.600, or both, to the to the committee amendment to Engrossed Second Substitute owner of a new permit exempt withdrawal who fails to file the Senate Bill No. 6267 and the amendment was not adopted by the registration form and fee required in subsection (2) of this section. following vote: Yeas, 44; Nays, 54; Absent, 0; Excused, 0. Before issuing an order or penalty, the department shall inform the Voting yea: Representatives Appleton, Blake, Carlyle, Chase, owner in writing by registered mail with return receipt that the Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, registration form and fee must be remitted within thirty days. An Ericks, Flannigan, Goodman, Green, Hudgins, Hunt, Hunter, order issued under this subsection may require the owner to cease Jacks, Kagi, Kenney, Kirby, Liias, Maxwell, Miloscia, Moeller, withdrawing and using water until the form and fee have been filed. Morris, Nelson, Ormsby, Orwall, Pedersen, Pettigrew, Quall, If the owner continues to refuse to file the form and fee, the Roberts, Seaquist, Sells, Simpson, Sullivan, Takko, Upthegrove, department may issue an order requiring that the subject well or wells Van De Wege, White, Williams and Mr. Speaker. be decommissioned. Voting nay: Representatives Alexander, Anderson, Angel, (4) A permit exempt withdrawal, the beneficial use of which is Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, commenced on or after the effective date of this section, that has not Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Finn, Haigh, Haler, been registered shall not be recognized as a water right under a Hasegawa, Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Kessler, general adjudication of water rights held under chapter 90.03 RCW. Klippert, Kretz, Kristiansen, Linville, McCoy, McCune, Morrell, NEW SECTION. Sec. 18. A new section is added to chapter Nealey, O'Brien, Orcutt, Parker, Pearson, Priest, Probst, Roach, 90.03 RCW to read as follows: Rodne, Rolfes, Ross, Santos, Schmick, Shea, Short, Smith, To effectuate the purpose of fully recovering the direct Springer, Taylor, Wallace, Walsh, Warnick and Wood. administrative costs incurred by the state to process water right and storage applications under this chapter and RCW 90.44.050 and to Amendment (1450) to the committee amendment was not inspect and approve hydraulic works under this chapter, the adopted. department may periodically adopt rules to adjust the fees established in RCW 90.03.470. Any subsequent fees adopted by rule supersede Representative Morris moved the adoption of amendment those provided in RCW 90.03.470. Before proposing to adopt any (1449) to the committee amendment. changes to the fees, the department shall consult with the policy committees of the legislature that review water resources legislation. On page 17, after line 10 of the amendment, insert the following: NEW SECTION. Sec. 19. A new section is added to chapter "NEW SECTION. Sec. 16. A new section is added to chapter 90.03 RCW to read as follows: 90.03 RCW to read as follows: (1) The department shall submit a report to the legislature prior to The water rights processing and dam safety account is created in December 31, 2012, and biennially thereafter until December 31, the state treasury. All receipts from the fees collected under RCW 2020, on the status of the backlog of applications for water right 90.03.470 must be deposited into the account. Moneys in the account permits, the effectiveness of processing water right permit may be spent only after appropriation. Expenditures from the account applications to a conclusion within twelve months, and the may be used only to support the processing of water right applications appropriateness of the fee amounts. and change applications as provided in this chapter and chapters (2) This section expires January 1, 2021. 90.38, 90.42, and 90.44 RCW and the safety inspection of hydraulic NEW SECTION. Sec. 20. A new section is added to chapter works and plans and specifications for such works. 90.44 RCW to read as follows: Sec. 17. RCW 90.03.470 and 2005 c 412 s 2 are each amended (1) The department may not require withdrawals of groundwater to read as follows: to be metered or measured for wells authorized under the provisions The fees specified in this section shall be collected by the of RCW 90.44.050 constructed prior to the effective date of this department in advance of the requested action. section for single or group domestic uses that do not exceed (1) ((For the examination of an application for a permit to withdrawing five thousand gallons a day. appropriate water, a minimum fee of fifty dollars must be remitted (2) This section does not apply to wells the department has with the application. required to be metered or measured as of the effective date of this For an amount of water exceeding one-half cubic foot per second, section." the examination fee shall be assessed at the rate of one dollar per one hundredth cubic foot per second. In no case will the examination fee Representatives Dunshee, Simpson, Van De Wege Dunshee be less than fifty dollars or more than twenty-five thousand dollars. (again), Morris, Morris (again) and Van De Wege (again) spoke in No fee is required under this subsection (1) for an application filed by favor of the adoption of the amendment to the committee a party to a cost-reimbursement agreement made under RCW amendment. 90.03.265.)) For the examination of an application for a permit to appropriate water or for an application to change, transfer, or amend

FIFTY THIRD DAY, MARCH 4, 2010 11 an existing water right, an examination fee equal to thirty-five dollars water rights, only one examination fee and one certificate fee are for each one-hundredth of a cubic foot per second must be remitted required to be paid. with the application, but in no case may the examination fee be less (4) ((The fifty-dollar minimum fee payable with the application than one thousand dollars or more than thirty-five thousand dollars. shall be a credit to the total amount whenever the examination fee (2) The following fees apply for the examination of an application totals more than fifty dollars under the schedule specified in to store water((, a fee of two dollars for each acre foot of storage subsections (1) through (3) of this section and in such case the further proposed shall be charged, but a minimum fee of fifty dollars must be fee due shall be the total computed amount, less the amount remitted with the application. In no case will the examination fee for previously paid. Within five working days from receipt of an a storage project be less than fifty dollars or more than twenty-five application, the department shall notify the applicant by registered thousand dollars. No fee is required under this subsection (2) for an mail of any additional fees due under subsections (1) through (3) of application filed by a party to a cost-reimbursement agreement made this section.)) (a) The fee amounts specified in this section apply to under RCW 90.03.265)) and for an application to change a storage applications received after the effective date of this section and to all right: applications that have not been acted on by the department by (a) For storage of less than one hundred acre feet of water, an issuance of a report of examination as of the effective date of this examination fee of one thousand dollars must be remitted with the section. For pending applications that were filed prior to the effective application. date of this section, any fees that were paid under a previous fee (b) For storage of more than one hundred acre feet of water but schedule must be credited to the amounts required by subsections (1), less than or equal to one thousand acre feet of water, an examination (2), and (3) of this section. When the department is prepared to take fee of two thousand dollars must be remitted with the application. action on an application that was filed prior to the effective date of (c) For storage of more than one thousand acre feet of water but this section, the department shall notify the applicant that additional less than or equal to ten thousand acre feet of water, an examination fees are due and give the applicant sixty days to remit the additional fee of seven thousand five hundred dollars must be remitted with the fees. If the applicant fails to remit the additional fees within the time application. provided, the department shall cancel the application and inform the (d) For storage of more than ten thousand acre feet of water, an applicant of the cancellation. examination fee of fifteen thousand dollars must be remitted with the (b) If the department receives a water right, change, transfer, application. amendment, or storage application that does not include remittance of (3)(a) ((For the examination of an application to transfer, change, the fee amounts required by this section, the department shall return or amend a water right certificate, permit, or claim as authorized by the application to the applicant with instructions on the proper fee RCW 90.44.100, 90.44.105, or 90.03.380, a minimum fee of fifty amount to be remitted. An application does not establish a priority dollars must be remitted with the application. For an application for date until the proper fee is remitted. change involving an amount of water exceeding one cubic foot per (5) The ((fees specified in subsections (1) through (3) of this second, the total examination fee shall be assessed at the rate of fifty section do not apply to any filings)) fee for filing an emergency cents per one hundredth cubic foot per second. For an application for withdrawal authorization((s)) or temporary drought-related water change of a storage water right, the total examination fee shall be right change((s)) authorized under RCW 43.83B.410 that ((are)) is assessed at the rate of one dollar for each acre foot of water involved received by the department while a drought condition order issued in the change. The fee shall be based on the amount of water subject under RCW 43.83B.405 is in effect is one hundred dollars. to change as proposed in the application, not on the total amount of (6) For applying for each extension of time for beginning water reflected in the water right certificate, permit, or claim. In no construction work under a permit to appropriate water, for completion case will the examination fee charged for a change application be less of construction work, or for completing application of water to a than fifty dollars or more than twelve thousand five hundred dollars. beneficial use, a fee of two hundred fifty dollars is required. These (b))) (i) The fee paid to the department for an application for fees also apply to similar extensions of time requested under a change change filed with a water conservancy board under chapter 90.80 or transfer authorization. RCW must be one-fifth of the amounts provided in subsections (1) (7) For the inspection of any hydraulic works to ((insure)) ensure and (2) of this section. A conservancy board may charge its own safety to life and property, a fee based on the actual cost of the processing fees in accordance with RCW 90.80.060. inspection, including the expense incident thereto, is required ((except (ii) The fees in subsections (1) and (2) of this section do not apply as follows: (a) For any hydraulic works less than ten years old, that to applicants that have entered into a cost-reimbursement agreement the department examined and approved the construction plans and with the department under RCW 90.03.265. specifications as to its safety when required under RCW 90.03.350, (b) The examination fee for a temporary or seasonal change under there shall be no fee charged; or (b) for any hydraulic works more RCW 90.03.390 is ((fifty)) two hundred dollars and must be remitted than ten years old, but less than twenty years old, that the department with the application. examined and approved the construction plans and specifications as to (c) No fee is required under this subsection (3) for: its safety when required under RCW 90.03.350, the fee charged shall (i) An application to process a change relating to donation of a not exceed the fee for a significant hazard dam)). trust water right to the state; or (8) For the examination of plans and specifications as to safety of (ii) An application to process a change when the department controlling works for storage of ten acre feet or more of water, a otherwise acquires a trust water right for purposes of improving minimum fee of ((ten)) five hundred dollars, or a fee equal to the instream flows or for other public purposes((; actual cost, is required. (iii) An application filed with a water conservancy board (9) For recording an assignment either of a permit to appropriate according to chapter 90.80 RCW or for the review of a water water or of an application for such a permit, a fee of ((fifty)) two conservancy board's record of decision submitted to the department hundred dollars is required. according to chapter 90.80 RCW; or (10) For preparing and issuing all water right certificates, a fee of (iv) An application filed by a party to a cost-reimbursement ((fifty)) two hundred dollars is required. agreement made under RCW 90.03.265)). (11) For filing and recording a formal protest against granting any (d) For a change, transfer, or amendment involving a single application, a fee of fifty dollars is required. No fee is required to project operating under more than one water right, including related submit a comment, by mail or otherwise, regarding an application. secondary diversion rights, or involving the consolidation of multiple

12 JOURNAL OF THE HOUSE (12) For filing an application to amend a water right claim filed (17)(a) The fees specified in this section are effective until the under chapter 90.14 RCW, a fee of ((fifty)) two hundred dollars is department adopts rules that modify them in accordance with section required. 19 of this act, except that the fees required in subsections (7) and (8) (13)(a) Each person who holds a water right permit application, a of this section may be modified at any time. reservoir permit application, or a change, transfer, or amendment (b) When information has been previously obtained that directly application that is pending at any time between the effective date of relates to the processing of an application in subsections (1) and (2) of this section and June 30, 2011, must remit a one-time fee of two this section, the department must proportionately reduce the fees hundred dollars to the department to retain an application in good associated with that application as a result of the reduced workload of standing. The department shall provide written notice by certified the department. mail to each holder of an application for the fees that are due under NEW SECTION. Sec. 18. A new section is added to chapter this section. The notice must require that the fees be paid within sixty 90.03 RCW to read as follows: days of the date of receipt, but in no case may payment be due later (1) The department must establish by rule a program for the than June 30, 2011. For ease of administration, the department may distribution of hardship grant money to assist applicants in the distribute the issuance of the notices by geographic area. The payment of fees required in RCW 90.03.470. surcharge paid under this subsection is a credit against the application (2) The department shall submit the list of hardship applicants fees required in this section. that meet the qualifications established by the department in this (b) Applications not in good standing must be canceled. The section along with the applicant's requested grant amount to the office department shall issue an order to any holder of an application who of financial management for consideration in the governor's budget fails to pay the fee within the prescribed time. The order must state request. that the application is canceled unless payment is received within (3) The department shall also provide the list of hardship thirty days. applicants that meet the qualifications established by the department (c) The department shall advise an applicant and provide an in this section along with the applicant's requested grant amount to the opportunity for an applicant to withdraw their application without legislature by October 1st of each year. further payment of fees if the department determines that the NEW SECTION. Sec. 19. A new section is added to chapter application would not likely be approved. The department shall 90.03 RCW to read as follows: summarize the basis for its conclusion to the applicant. The The department may periodically adopt rules to adjust the fees department shall further advise that the applicant has the option of established in RCW 90.03.470. Any subsequent fees adopted by rule providing an amended application that could include storage or other supersede those provided in RCW 90.03.470. Before proposing to resource management technique that might make it approvable under adopt any changes to the fees, the department shall consult with the RCW 90.03.255 or 90.44.055. The department's advice is not subject policy committees of the legislature that review water resources to appeal. If the applicant decides to retain the application on file and legislation. pays the fee required in this subsection, the department shall maintain NEW SECTION. Sec. 20. A new section is added to chapter the application in good standing until it is able to render a final 90.03 RCW to read as follows: decision on the application. The final decision is subject to appeal to (1) The department shall submit a report to the legislature prior to the pollution control hearings board as provided under chapter 43.21B December 31, 2012, and biennially thereafter until December 31, RCW. 2020, on the status of the backlog of applications for water right (14) An application or request for an action as provided for under permits, the effectiveness of processing water right permit this section is incomplete unless accompanied by the fee or the applications to a conclusion within twelve months, and the minimum fee. If no fee or an amount less than the minimum fee appropriateness of the fee amounts. accompanies an application or other request for an action as provided (2) This section expires January 1, 2021. under this section, the department shall return the application or NEW SECTION. Sec. 21. A new section is added to chapter request to the applicant with advice as to the fee that must be remitted 90.44 RCW to read as follows: with the application or request for it to be accepted for processing. If (1) The department may not require withdrawals of groundwater additional fees are due, the department shall provide timely to be metered or measured for wells authorized under the provisions notification by certified mail with return receipt requested to the of RCW 90.44.050 constructed prior to the effective date of this applicant. No action may be taken by the department until the fee is section for single or group domestic uses that do not exceed paid in full. Failure to remit fees within sixty days of the department's withdrawing five thousand gallons a day. notification is grounds for rejecting the application or request or (2) This section does not apply to wells the department has canceling the permit. Cash shall not be accepted. Fees must be paid required to be metered or measured as of the effective date of this by check or money order and are nonrefundable. section." (((14))) (15) For purposes of calculating fees for groundwater Renumber the remaining sections consecutively and correct filings, one cubic foot per second shall be regarded as equivalent to any internal references accordingly. four hundred fifty gallons per minute. (((15) Eighty percent of the fees collected by the department Representatives Morris, Simpson, Blake, Rolfes and Hudgins under this section shall be deposited in the state general fund. Twenty spoke in favor of the adoption of the amendment to the committee percent of the fees collected by the department under this section shall amendment. be deposited in the water rights tracking system account established in RCW 90.14.240. Representatives Chandler, McCoy, Shea, Walsh, Armstrong, (16) Except for the fees relating to the inspection of hydraulic Hinkle, Armstrong (again), Haler, Johnson, Schmick, Orcutt, works and the examination of plans and specifications of controlling Taylor, Short, Anderson and Schmick (again) spoke against the works provided for in subsections (7) and (8) of this section, nothing adoption of the amendment to the committee amendment. in this section is intended to grant authority to the department to amend the fees in this section by adoption of rules or otherwise.)) (16) An electronic roll call was requested. The fees collected by the department under this section must be deposited in the water rights processing and dam safety account The Speaker (Representative Moeller presiding) stated the created in section 16 of this act. question before the House to be the adoption of amendment (1449)

FIFTY THIRD DAY, MARCH 4, 2010 13 to the committee amendment to Engrossed Second Substitute ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. Senate Bill No. 6267. 6267, as amended by the House, having received the necessary constitutional majority, was declared passed. ROLL CALL The Speaker (Representative Moeller presiding) called upon The Clerk called the roll on the adoption of amendment (1449) Representative Morris to preside. to the committee amendment to Engrossed Second Substitute Senate Bill No. 6267 and the amendment was adopted by the SECOND READING following vote: Yeas, 50; Nays, 48; Absent, 0; Excused, 0. Voting yea: Representatives Appleton, Blake, Carlyle, Chase, SUBSTITUTE SENATE BILL NO. 6416, by Senate Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Committee on Human Services & Corrections (originally Ericks, Finn, Goodman, Green, Haigh, Hudgins, Hunt, Hunter, sponsored by Senators Roach, Hargrove and Stevens) Hurst, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, Maxwell, Miloscia, Moeller, Morris, Nelson, Ormsby, Orwall, Concerning relatives in dependency proceedings.

Pedersen, Pettigrew, Quall, Roberts, Rolfes, Seaquist, Sells, The bill was read the second time. Simpson, Springer, Sullivan, Takko, Upthegrove, Van De Wege,

White, Williams and Mr. Speaker. There being no objection, the committee amendment by the Voting nay: Representatives Alexander, Anderson, Angel, Committee on General Government Appropriations, was adopted. Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, (For Committee amendment, see Journal, Day 46, February 25, Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Flannigan, Haler, 2010). Hasegawa, Herrera, Hinkle, Hope, Johnson, Kelley, Klippert,

Kretz, Kristiansen, McCoy, McCune, Morrell, Nealey, O'Brien, With the consent of the House, amendment (1376) was Orcutt, Parker, Pearson, Priest, Probst, Roach, Rodne, Ross, withdrawn. Santos, Schmick, Shea, Short, Smith, Taylor, Wallace, Walsh,

Warnick and Wood. There being no objection, the rules were suspended, the second

reading considered the third and the bill, as amended by the House, Amendment (1449) to the committee amendment was adopted. was placed on final passage.

The committee amendment by the Committee on Agriculture Representatives Kagi and Haler spoke in favor of the passage & Natural Resources was adopted as amended. of the bill.

There being no objection, the rules were suspended, the second The Speaker (Representative Morris presiding) stated the reading considered the third and the bill, as amended by the House, question before the House to be the final passage of Substitute was placed on final passage. Senate Bill No. 6416, as amended by the House.

Representative Blake spoke in favor of the passage of the bill. ROLL CALL

Representative Chandler spoke against the passage of the bill. The Clerk called the roll on the final passage of Substitute

Senate Bill No. 6416, as amended by the House, and the bill The Speaker (Representative Moeller presiding) stated the passed the House by the following vote: Yeas, 98; Nays, 0; Absent, question before the House to be the final passage of Engrossed 0; Excused, 0. Second Substitute Senate Bill No. 6267, as amended by the House. Voting yea: Representatives Alexander, Anderson, Angel,

Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, ROLL CALL Chase, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier,

Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, The Clerk called the roll on the final passage of Engrossed Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Second Substitute Senate Bill No. 6267, as amended by the House, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, and the bill passed the House by the following vote: Yeas, 51; Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Nays, 47; Absent, 0; Excused, 0. Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Voting yea: Representatives Appleton, Blake, Carlyle, Chase, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Ericks, Finn, Goodman, Green, Hudgins, Hunt, Hunter, Hurst, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, Maxwell, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Moeller, Morris, Nelson, O'Brien, Ormsby, Orwall, Pedersen, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Pettigrew, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Walsh, Warnick, White, Williams, Wood and Mr. Speaker. Simpson, Springer, Sullivan, Takko, Upthegrove, Van De Wege,

White, Williams, Wood and Mr. Speaker. SUBSTITUTE SENATE BILL NO. 6416, as amended by the Voting nay: Representatives Alexander, Anderson, Angel, House, having received the necessary constitutional majority, was Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, declared passed. Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Flannigan, Haigh,

Haler, Hasegawa, Herrera, Hinkle, Hope, Johnson, Kelley, SENATE BILL NO. 6401, by Senator Brandland Klippert, Kretz, Kristiansen, McCoy, McCune, Miloscia, Morrell, Nealey, Orcutt, Parker, Pearson, Priest, Probst, Roach, Rodne, Concerning an alternative process for selecting an Ross, Schmick, Shea, Short, Smith, Taylor, Wallace, Walsh and electrical contractor or a mechanical contractor, or both, for Warnick. general contractor/construction manager projects.

14 JOURNAL OF THE HOUSE There being no objection, the committee amendment by the The bill was read the second time. Committee on Public Safety and Emergency Preparedness was not adopted. With the consent of the House, amendment (1454) was withdrawn. With the consent of the House, amendments (1345), (1361) and (1331) were withdrawn. Representative Haigh moved the adoption of amendment (1493). Representative Hurst moved the adoption of amendment (1448). On page 2, line 27, after "proposals." insert "Notice of the public solicitation of proposals must be provided to the office of minority Strike everything after the enacting clause and insert the and women's business enterprises." following: On page 3, after line 11, insert "(e) The firm's plan for outreach to "Sec. 1. RCW 9A.76.060 and 1975 1st ex.s. c 260 s 9A.76.060 minority and women-owned businesses;" are each amended to read as follows: Renumber the subsections consecutively and correct any internal As used in RCW 9A.76.070 and 9A.76.080, "juvenile relative" references accordingly. means a person: (1) Who was under the age of eighteen at the time of the offense; Representatives Haigh, Dammeier and Hasegawa spoke in (2) Who is related as husband or wife, brother or sister, parent or favor of the adoption of the amendment. grandparent, child or grandchild, stepchild or stepparent to the person to whom criminal assistance is rendered; and Amendment (1493) was adopted. (((2))) (3) Who does not render criminal assistance to another person in one or more of the means defined in ((subsections (4), (5), There being no objection, the rules were suspended, the second or (6) of)) RCW 9A.76.050 (4), (5), or (6). reading considered the third and the bill, as amended by the House, Sec. 2. RCW 9A.76.070 and 2003 c 53 s 83 are each amended to was placed on final passage. read as follows: (1) A person is guilty of rendering criminal assistance in the first Representatives Haigh, Dammeier, Hasegawa and Warnick degree if he or she renders criminal assistance to a person who has spoke in favor of the passage of the bill. committed or is being sought for murder in the first degree or any class A felony or equivalent juvenile offense. The Speaker (Representative Morris presiding) stated the (2)(a) Except as provided in (b) of this subsection, rendering question before the House to be the final passage of Senate Bill criminal assistance in the first degree is a class C felony. No. 6401, as amended by the House. (b) Rendering criminal assistance in the first degree is a gross misdemeanor if it is established by a preponderance of the evidence ROLL CALL that the actor is a juvenile relative as defined in RCW 9A.76.060. Sec. 3. RCW 9A.76.080 and 2003 c 53 s 84 are each amended to The Clerk called the roll on the final passage of Senate Bill read as follows: No. 6401, as amended by the House, and the bill passed the House (1) A person is guilty of rendering criminal assistance in the by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0. second degree if he or she renders criminal assistance to a person who Voting yea: Representatives Alexander, Anderson, Angel, has committed or is being sought for a class B or class C felony or an Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, equivalent juvenile offense or to someone being sought for violation Chase, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, of parole, probation, or community supervision. Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, (2)(a) Except as provided in (b) of this subsection, rendering Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, criminal assistance in the second degree is a gross misdemeanor. Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, (b) Rendering criminal assistance in the second degree is a Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, misdemeanor if it is established by a preponderance of the evidence Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, that the actor is a juvenile relative as defined in RCW 9A.76.060. Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, NEW SECTION. Sec. 4. This act may be known and cited as Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Randy's law." Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Correct the title. Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Representative Appleton moved the adoption of amendment Walsh, Warnick, White, Williams, Wood and Mr. Speaker. (1481) to amendment (1448).

SENATE BILL NO. 6401, as amended by the House, having On page 2, after line 10 of the striking amendment, insert the received the necessary constitutional majority, was declared following: passed. "Sec. 5. RCW 9.94A.515 and 2008 c 108 s 23 are each amended to read as follows: SUBSTITUTE SENATE BILL NO. 6293, by Senate Committee on Judiciary (originally sponsored by Senators TABLE 2 Brandland and Carrell) CRIMES INCLUDED WITHIN EACH Changing provisions relating to rendering criminal SERIOUSNESS LEVEL assistance in the first degree. XVI Aggravated Murder 1 (RCW 10.95.020)

The bill was read the second time. XV Homicide by abuse (RCW 9A.32.055)

FIFTY THIRD DAY, MARCH 4, 2010 15 Malicious explosion 1 (RCW 70.74.280(1)) VIII Arson 1 (RCW 9A.48.020)

Murder 1 (RCW 9A.32.030) Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW XIV Murder 2 (RCW 9A.32.050) 79A.60.050) Manslaughter 2 (RCW 9A.32.070) Trafficking 1 (RCW 9A.40.100(1)) Promoting Commercial Sexual Abuse of a XIII Malicious explosion 2 (RCW 70.74.280(2)) Minor (RCW 9.68A.101) Promoting Prostitution 1 (RCW 9A.88.070) Malicious placement of an explosive 1 (RCW 70.74.270(1)) Theft of Ammonia (RCW 69.55.010) XII Assault 1 (RCW 9A.36.011) Vehicular Homicide, by the operation of any Assault of a Child 1 (RCW 9A.36.120) vehicle in a reckless manner (RCW 46.61.520) Malicious placement of an imitation device VII Burglary 1 (RCW 9A.52.020) 1 (RCW 70.74.272(1)(a)) Rape 1 (RCW 9A.44.040) Child Molestation 2 (RCW 9A.44.086)

Rape of a Child 1 (RCW 9A.44.073) Civil Disorder Training (RCW 9A.48.120)

Trafficking 2 (RCW 9A.40.100(2)) Dealing in depictions of minor engaged in sexually explicit conduct (RCW XI Manslaughter 1 (RCW 9A.32.060) 9.68A.050) Drive-by Shooting (RCW 9A.36.045) Rape 2 (RCW 9A.44.050) Homicide by Watercraft, by disregard for Rape of a Child 2 (RCW 9A.44.076) the safety of others (RCW 79A.60.050) Indecent Liberties (without forcible X Child Molestation 1 (RCW 9A.44.083) compulsion) (RCW 9A.44.100(1) (b) and (c)) Criminal Mistreatment 1 (RCW 9A.42.020) Introducing Contraband 1 (RCW 9A.76.140) Indecent Liberties (with forcible Malicious placement of an explosive 3 compulsion) (RCW 9A.44.100(1)(a)) (RCW 70.74.270(3)) Kidnapping 1 (RCW 9A.40.020) Negligently Causing Death By Use of a Signal Preemption Device (RCW Leading Organized Crime (RCW 46.37.675) 9A.82.060(1)(a)) Sending, bringing into state depictions of Malicious explosion 3 (RCW 70.74.280(3)) minor engaged in sexually explicit conduct (RCW 9.68A.060) Sexually Violent Predator Escape (RCW Unlawful Possession of a Firearm in the first 9A.76.115) degree (RCW 9.41.040(1)) IX Abandonment of Dependent Person 1 Use of a Machine Gun in Commission of a (RCW 9A.42.060) Felony (RCW 9.41.225) Assault of a Child 2 (RCW 9A.36.130) Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520) Explosive devices prohibited (RCW VI Bail Jumping with Murder 1 (RCW 70.74.180) 9A.76.170(3)(a)) Hit and Run--Death (RCW 46.52.020(4)(a)) Bribery (RCW 9A.68.010)

Homicide by Watercraft, by being under the Incest 1 (RCW 9A.64.020(1)) influence of intoxicating liquor or any drug (RCW 79A.60.050) Intimidating a Judge (RCW 9A.72.160) Inciting Criminal Profiteering (RCW 9A.82.060(1)(b)) Intimidating a Juror/Witness (RCW Malicious placement of an explosive 2 9A.72.110, 9A.72.130) (RCW 70.74.270(2)) Malicious placement of an imitation device Robbery 1 (RCW 9A.56.200) 2 (RCW 70.74.272(1)(b)) Possession of Depictions of a Minor Sexual Exploitation (RCW 9.68A.040) Engaged in Sexually Explicit Conduct (RCW 9.68A.070) Vehicular Homicide, by being under the Rape of a Child 3 (RCW 9A.44.079) influence of intoxicating liquor or any drug (RCW 46.61.520)

16 JOURNAL OF THE HOUSE Theft of a Firearm (RCW 9A.56.300) Commercial Bribery (RCW 9A.68.060)

Unlawful Storage of Ammonia (RCW Counterfeiting (RCW 9.16.035(4)) 69.55.020) V Abandonment of Dependent Person 2 Endangerment with a Controlled Substance (RCW 9A.42.070) (RCW 9A.42.100) Advancing money or property for Escape 1 (RCW 9A.76.110) extortionate extension of credit (RCW 9A.82.030) Hit and Run--Injury (RCW 46.52.020(4)(b)) Bail Jumping with class A Felony (RCW 9A.76.170(3)(b)) Hit and Run with Vessel--Injury Accident Child Molestation 3 (RCW 9A.44.089) (RCW 79A.60.200(3)) Identity Theft 1 (RCW 9.35.020(2)) Criminal Mistreatment 2 (RCW 9A.42.030) Indecent Exposure to Person Under Age Custodial Sexual Misconduct 1 (RCW Fourteen (subsequent sex offense) 9A.44.160) (RCW 9A.88.010) Domestic Violence Court Order Violation Influencing Outcome of Sporting Event (RCW 10.99.040, 10.99.050, (RCW 9A.82.070) 26.09.300, 26.10.220, 26.26.138, Malicious Harassment (RCW 9A.36.080) 26.50.110, 26.52.070, or 74.34.145) Driving While Under the Influence (RCW Residential Burglary (RCW 9A.52.025) 46.61.502(6)) Extortion 1 (RCW 9A.56.120) Robbery 2 (RCW 9A.56.210)

Extortionate Extension of Credit (RCW Theft of Livestock 1 (RCW 9A.56.080) 9A.82.020) Extortionate Means to Collect Extensions of Threats to Bomb (RCW 9.61.160) Credit (RCW 9A.82.040) Incest 2 (RCW 9A.64.020(2)) Trafficking in Stolen Property 1 (RCW 9A.82.050) Kidnapping 2 (RCW 9A.40.030) Unlawful factoring of a credit card or payment card transaction (RCW Perjury 1 (RCW 9A.72.020) 9A.56.290(4)(b)) Unlawful transaction of health coverage as a Persistent prison misbehavior (RCW health care service contractor (RCW 9.94.070) 48.44.016(3)) Physical Control of a Vehicle While Under Unlawful transaction of health coverage as a the Influence (RCW 46.61.504(6)) health maintenance organization Possession of a Stolen Firearm (RCW (RCW 48.46.033(3)) 9A.56.310) Unlawful transaction of insurance business Rape 3 (RCW 9A.44.060) (RCW 48.15.023(3)) Unlicensed practice as an insurance ((Rendering Criminal Assistance 1 (RCW professional (*RCW 48.17.063(3)) 9A.76.070))) Use of Proceeds of Criminal Profiteering Sexual Misconduct with a Minor 1 (RCW (RCW 9A.82.080 (1) and (2)) 9A.44.093) Vehicular Assault, by being under the Sexually Violating Human Remains (RCW influence of intoxicating liquor or any 9A.44.105) drug, or by the operation or driving of Stalking (RCW 9A.46.110) a vehicle in a reckless manner (RCW 46.61.522) Taking Motor Vehicle Without Permission Willful Failure to Return from Furlough 1 (RCW 9A.56.070) (**RCW 72.66.060) IV Arson 2 (RCW 9A.48.030) III Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3)) Assault 2 (RCW 9A.36.021) Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) Assault 3 (of a Peace Officer with a (RCW 9A.36.031 except subsection Projectile Stun Gun) (RCW (1)(h)) 9A.36.031(1)(h)) Assault of a Child 3 (RCW 9A.36.140) Assault by Watercraft (RCW 79A.60.060) Bail Jumping with class B or C Felony Bribing a Witness/Bribe Received by (RCW 9A.76.170(3)(c)) Witness (RCW 9A.72.090, 9A.72.100) Burglary 2 (RCW 9A.52.030) Cheating 1 (RCW 9.46.1961)

FIFTY THIRD DAY, MARCH 4, 2010 17 Commercial Sexual Abuse of a Minor Escape from Community Custody (RCW (RCW 9.68A.100) 72.09.310) Communication with a Minor for Immoral Failure to Register as a Sex Offender Purposes (RCW 9.68A.090) (second or subsequent offense) (RCW Criminal Gang Intimidation (RCW 9A.44.130(11)(a)) 9A.46.120) Health Care False Claims (RCW 48.80.030) Custodial Assault (RCW 9A.36.100) Identity Theft 2 (RCW 9.35.020(3)) Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3)) Improperly Obtaining Financial Information Escape 2 (RCW 9A.76.120) (RCW 9.35.010) Malicious Mischief 1 (RCW 9A.48.070) Extortion 2 (RCW 9A.56.130) Organized Retail Theft 2 (RCW Harassment (RCW 9A.46.020) 9A.56.350(3)) Possession of Stolen Property 1 (RCW Intimidating a Public Servant (RCW 9A.56.150) 9A.76.180) Possession of a Stolen Vehicle (RCW Introducing Contraband 2 (RCW 9A.56.068) 9A.76.150) Retail Theft with Extenuating Malicious Injury to Railroad Property Circumstances 2 (RCW 9A.56.360(3)) (RCW 81.60.070) Theft 1 (RCW 9A.56.030) Mortgage Fraud (RCW 19.144.080) Theft of a Motor Vehicle (RCW 9A.56.065) Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Theft of Rental, Leased, or Lease-purchased Device (RCW 46.37.674) Property (valued at one thousand five Organized Retail Theft 1 (RCW hundred dollars or more) (RCW 9A.56.350(2)) 9A.56.096(5)(a)) Perjury 2 (RCW 9A.72.030) Theft with the Intent to Resell 2 (RCW 9A.56.340(3)) Possession of Incendiary Device (RCW Trafficking in Insurance Claims (RCW 9.40.120) 48.30A.015) Possession of Machine Gun or Short- Unlawful factoring of a credit card or Barreled Shotgun or Rifle (RCW payment card transaction (RCW 9.41.190) 9A.56.290(4)(a)) Promoting Prostitution 2 (RCW 9A.88.080) Unlawful Practice of Law (RCW 2.48.180)

Retail Theft with Extenuating Unlicensed Practice of a Profession or Circumstances 1 (RCW 9A.56.360(2)) Business (RCW 18.130.190(7)) Securities Act violation (RCW 21.20.400) Voyeurism (RCW 9A.44.115)

Tampering with a Witness (RCW I Attempting to Elude a Pursuing Police 9A.72.120) Vehicle (RCW 46.61.024) Telephone Harassment (subsequent False Verification for Welfare (RCW conviction or threat of death) (RCW 74.08.055) 9.61.230(2)) Forgery (RCW 9A.60.020) Theft of Livestock 2 (RCW 9A.56.083) Fraudulent Creation or Revocation of a Theft with the Intent to Resell 1 (RCW Mental Health Advance Directive 9A.56.340(2)) (RCW 9A.60.060) Trafficking in Stolen Property 2 (RCW Malicious Mischief 2 (RCW 9A.48.080) 9A.82.055) Unlawful Imprisonment (RCW 9A.40.040) Mineral Trespass (RCW 78.44.330)

Unlawful possession of firearm in the Possession of Stolen Property 2 (RCW second degree (RCW 9.41.040(2)) 9A.56.160) Vehicular Assault, by the operation or Reckless Burning 1 (RCW 9A.48.040) driving of a vehicle with disregard for the safety of others (RCW 46.61.522) Taking Motor Vehicle Without Permission Willful Failure to Return from Work 2 (RCW 9A.56.075) Release (**RCW 72.65.070) Theft 2 (RCW 9A.56.040) II Computer Trespass 1 (RCW 9A.52.110) Theft of Rental, Leased, or Lease-purchased Counterfeiting (RCW 9.16.035(3)) Property (valued at two hundred fifty dollars or more but less than one

18 JOURNAL OF THE HOUSE thousand five hundred dollars) (RCW Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, 9A.56.096(5)(b)) Walsh, Warnick, White, Williams, Wood and Mr. Speaker. Transaction of insurance business beyond the scope of licensure (***RCW SUBSTITUTE SENATE BILL NO. 6293, as amended by the 48.17.063(4)) House, having received the necessary constitutional majority, was Unlawful Issuance of Checks or Drafts declared passed. (RCW 9A.56.060) Unlawful Possession of Fictitious SUBSTITUTE SENATE BILL NO. 6350, by Senate Identification (RCW 9A.56.320) Committee on Natural Resources, Ocean & Recreation Unlawful Possession of Instruments of (originally sponsored by Senators Ranker, Hargrove, Financial Fraud (RCW 9A.56.320) Jacobsen, Rockefeller, Swecker, Marr, Fraser, Murray and Unlawful Possession of Payment Kline) Instruments (RCW 9A.56.320) Unlawful Possession of a Personal Concerning marine waters management that includes Identification Device (RCW marine spatial planning.

9A.56.320) The bill was read the second time. Unlawful Production of Payment

Instruments (RCW 9A.56.320) There being no objection, the committee amendment by the Unlawful Trafficking in Food Stamps Committee on Ways & Means, was adopted. (For Committee (RCW 9.91.142) amendment, see Journal, Day 49, February 28, 2010). Unlawful Use of Food Stamps (RCW

9.91.144) With the consent of the House, amendments (1440), (1432) Vehicle Prowl 1 (RCW 9A.52.095)" and (1439) were withdrawn.

Representative Appleton spoke in favor of the adoption of the There being no objection, the rules were suspended, the second amendment to the amendment. reading considered the third and the bill, as amended by the House,

was placed on final passage. Representatives Pearson and Hurst spoke against the adoption of the amendment to the amendment. Representative Blake spoke in favor of the passage of the bill.

Amendment (1481) to amendment (1448) was not adopted. Representative Chandler spoke against the passage of the bill.

Representatives Hurst and Pearson spoke in favor of the The Speaker (Representative Morris presiding) stated the adoption of amendment (1448). question before the House to be the final passage of Substitute

Senate Bill No. 6350, as amended by the House. Amendment (1448) was adopted.

There being no objection, the rules were suspended, the second ROLL CALL reading considered the third and the bill, as amended by the House, The Clerk called the roll on the final passage of Substitute was placed on final passage. Senate Bill No. 6350, as amended by the House, and the bill

passed the House by the following vote: Yeas, 64; Nays, 34; Representatives Hurst and Dammeier spoke in favor of the Absent, 0; Excused, 0. passage of the bill. Voting yea: Representatives Appleton, Bailey, Blake,

Campbell, Carlyle, Chase, Clibborn, Cody, Conway, Darneille, The Speaker (Representative Morris presiding) stated the Dickerson, Driscoll, Dunshee, Eddy, Ericks, Finn, Flannigan, question before the House to be the final passage of Substitute Goodman, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Senate Bill No. 6293, as amended by the House. Hurst, Jacks, Kagi, Kelley, Kenney, Kessler, Kirby, Liias, Linville,

Maxwell, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, ROLL CALL Ormsby, Orwall, Pedersen, Pettigrew, Priest, Probst, Quall,

Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Smith, Springer, The Clerk called the roll on the final passage of Substitute Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, Senate Bill No. 6293, as amended by the House, and the bill Williams, Wood and Mr. Speaker. passed the House by the following vote: Yeas, 98; Nays, 0; Absent, Voting nay: Representatives Alexander, Anderson, Angel, 0; Excused, 0. Armstrong, Chandler, Condotta, Crouse, Dammeier, DeBolt, Voting yea: Representatives Alexander, Anderson, Angel, Ericksen, Fagan, Haler, Herrera, Hinkle, Hope, Johnson, Klippert, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Kretz, Kristiansen, McCoy, McCune, Nealey, Orcutt, Parker, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, Pearson, Roach, Rodne, Ross, Schmick, Shea, Short, Taylor, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Walsh and Warnick. Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler,

Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, SUBSTITUTE SENATE BILL NO. 6350, as amended by the Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, House, having received the necessary constitutional majority, was Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, declared passed. Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien,

Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, ENGROSSED SENATE BILL NO. 6261, by Senators Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Marr, Schoesler, Berkey, Zarelli and Hobbs Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer,

FIFTY THIRD DAY, MARCH 4, 2010 19 The committee amendment by the Committee on Local Addressing utility services collections against rental Government & Housing was adopted as amended. property. There being no objection, the rules were suspended, the second The bill was read the second time. reading considered the third and the bill, as amended by the House, was placed on final passage. There being no objection, the committee amendment by the Committee on Local Government & Housing, was before the Representatives Williams and Angel spoke in favor of the House for purpose of amendment.. (For Committee amendment, passage of the bill. see Journal, Day 44, February 23, 2010). The Speaker (Representative Morris presiding) stated the Representative Williams moved the adoption of amendment question before the House to be the final passage of Engrossed (1486) to the committee amendment. Senate Bill No. 6261, as amended by the House.

On page 1, line 15 of the striking amendment, before "rental" ROLL CALL insert "residential" On page 1, line 18 of the striking amendment, before "tenant's" The Clerk called the roll on the final passage of Engrossed insert "residential" Senate Bill No. 6261, as amended by the House, and the bill On page 1, line 23 of the striking amendment, after "duplicates passed the House by the following vote: Yeas, 98; Nays, 0; Absent, of" insert "residential" 0; Excused, 0. On page 2, line 2 of the striking amendment, after "for the" insert Voting yea: Representatives Alexander, Anderson, Angel, "residential" Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, On page 2, beginning on line 15 of the striking amendment, strike Chase, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, all of subsection (5) and insert the following: Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, "(5)(a) If an occupied multiple residential rental unit receives Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, utility service through a single utility account, if the utility Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, account’s billing address is not the same as the service address of a Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, residential rental property, or if the city or town has been notified Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, that a tenant resides at the service address, the city or town shall Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, make a good faith and reasonable effort to provide written notice Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, to the service address of pending disconnection of electric power Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, and light or water service for nonpayment at least seven calendar Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, days prior to disconnection. The purpose of this notice is to Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, provide any affected tenant an opportunity to resolve the Walsh, Warnick, White, Williams, Wood and Mr. Speaker. delinquency with his or her landlord or to arrange for continued service. If requested, a city or town shall provide electric power ENGROSSED SENATE BILL NO. 6261, as amended by the and light or water services to an affected tenant on the same terms House, having received the necessary constitutional majority, was and conditions as other residential utility customers, without declared passed. requiring that he or she pay delinquent amounts for services billed directly to the property owner or a previous tenant except as SECOND SUBSTITUTE SENATE BILL NO. 6702, by otherwise allowed by law and only where the city or town offers Senate Committee on Ways & Means (originally sponsored by the opportunity for the affected tenant to set up a reasonable Senators Kline, McAuliffe, Gordon, McDermott, Fraser, Shin payment plan for the delinquent amounts legally due. If a landlord and Kohl-Welles) fails to pay for electric power and light or water services, any tenant who requests that the services be placed in his or her name Providing education programs for juveniles in adult jails. may deduct from the rent due all reasonable charges paid by the tenant to the city or town for such services. A landlord may not The bill was read the second time. take or threaten to take reprisals or retaliatory action as defined in RCW 59.18.240 against a tenant who deducts from his or her rent Representative Dammeier moved the adoption of amendment payments made to a city or town as provided in this subsection. (1437). (b) Nothing in this subsection (5) affects the validity of any lien authorized by RCW 35.21.290 or 35.67.200. Furthermore, a Strike everything after the enacting clause and insert the city or town that provides electric power and light or water following: services to a residential tenant in these circumstances shall retain "NEW SECTION. Sec. 1. INTENT. The legislature intends to the right to collect from the property owner, previous tenant, or provide for the operation of education programs for juvenile inmates both, any delinquent amounts due for service previously provided incarcerated in adult jails. to the service address if the city or town has complied with the The legislature finds that this chapter fully satisfies any notification requirements of subsection (3) of this section when constitutional duty to provide education programs for juvenile applicable." inmates in adult jails. The legislature further finds that biennial appropriations for education programs under this chapter amply Representatives Williams and Angel spoke in favor of the provide for any constitutional duty to educate juvenile inmates in adoption of the amendment to the committee amendment. adult jails. NEW SECTION. Sec. 2. EDUCATION PROGRAMS FOR Amendment (1486) to the committee amendment was adopted. JUVENILES IN ADULT JAILS. A program of education shall be made available for juvenile inmates by adult jail facilities and the several school districts of the state for persons under the age of

20 JOURNAL OF THE HOUSE eighteen years who have been incarcerated in any adult jail facilities (2) Allow students eighteen years of age who have participated in operated under the authority of chapter 70.48 RCW. Each school an education program under this chapter to continue in the program, district within which there is located an adult jail facility shall, singly under rules adopted by the superintendent of public instruction; and or in concert with another school district pursuant to RCW (3) Spend only funds appropriated by the legislature and allocated 28A.335.160 and 28A.225.250 or chapter 39.34 RCW, conduct a by the superintendent of public instruction for the exclusive purpose program of education, including related student activities for inmates of maintaining and operating education programs under this chapter, in adult jail facilities. School districts are not precluded from including direct and indirect costs of maintaining and operating the contracting with educational service districts, community and education programs, and funds from federal and private grants, technical colleges, four-year institutions of higher education, or other bequests, and gifts made for that purpose. School districts may not qualified entities to provide all or part of these education programs. expend excess tax levy proceeds authorized for school district The division of duties, authority, and liabilities of the adult jail purposes to pay costs incurred under this chapter. facilities and the several school districts of the state respecting the NEW SECTION. Sec. 6. SUPPORT OF EDUCATION educational programs shall be as provided for in this chapter with PROGRAMS. To support each education program under this regard to programs for juveniles in adult jail facilities. chapter, the adult jail facility and each superintendent or chief NEW SECTION. Sec. 3. "ADULT JAIL FACILITY"-- administrator of an adult jail facility shall: DEFINED. As used in this chapter, "adult jail facility" means an (1) Provide necessary access to existing instructional and exercise adult jail operated under the authority of chapter 70.48 RCW. spaces for the education program that are safe and secure; NEW SECTION. Sec. 4. DUTIES, AUTHORITY, AND (2) Provide equipment deemed necessary by the adult jail facility RESPONSIBILITIES OF EDUCATION PROVIDER. (1) Except as to conduct the education program; otherwise provided for by contract under section 7 of this act, the (3) Maintain a clean and appropriate classroom environment that duties and authority of a school district, educational service district, is sufficient to meet the program requirements and consistent with institution of higher education, or private contractor to provide for security conditions; education programs under this chapter include: (4) Provide appropriate supervision of juvenile inmates consistent (a) Employing, supervising, and controlling administrators, with security conditions to safeguard agents of the education teachers, specialized personnel, and other persons necessary to providers and juvenile inmates while engaged in educational and conduct education programs, subject to security clearance by the adult related activities conducted under this chapter; jail facilities; (5) Provide such other support services and facilities deemed (b) Purchasing, leasing, renting, or providing textbooks, maps, necessary by the adult jail facilities to conduct the education program; audiovisual equipment paper, writing instruments, physical education (6) Provide the available medical and mental health records equipment, and other instructional equipment, materials, and supplies necessary to a determination by the school district of the educational deemed necessary by the provider of the education programs; needs of the juvenile inmate; and (c) Conducting education programs for inmates under the age of (7) Notify the school district within which the adult jail facility eighteen in accordance with program standards established by the resides within five school days that an eligible juvenile inmate has superintendent of public instruction; been incarcerated in the adult jail facility. (d) Expending funds for the direct and indirect costs of NEW SECTION. Sec. 7. CONTRACT BETWEEN SCHOOL maintaining and operating the program of education that are DISTRICTS AND ADULT JAIL FACILITIES. Each education appropriated by the legislature and allocated by the superintendent of provider under this chapter and the adult jail facility shall negotiate public instruction for the exclusive purpose of maintaining and and execute a written contract for each school year, or such longer operating education programs for juvenile inmates incarcerated in period as may be agreed to, that delineates the manner in which their adult jail facilities, in addition to funds from federal and private respective duties and authority will be cooperatively performed and grants, and bequests, and gifts made for the purpose of maintaining exercised, and any disputes and grievances resolved through and operating the program of education; and mediation, and if necessary, arbitration. Any such contract may (e) Providing educational services to juvenile inmates within five provide for the performance of duties by an education provider in school days of receiving notification from an adult jail facility within addition to those in this chapter, including duties imposed upon the the district's boundaries that an individual under the age of eighteen adult jail facility and its agents under section 6 of this act, if has been incarcerated. supplemental funding is available to fully pay the direct and indirect (2) The school district, educational service district, institution of costs of these additional duties. higher education, or private contractor shall develop the curricula, NEW SECTION. Sec. 8. EDUCATION SITE CLOSURES OR instruction methods, and educational objectives of the education REDUCTION IN SERVICES--NOTICE. (1) By September 30, programs, subject to applicable requirements of state and federal law. 2010, districts must, in coordination with adult jail facilities residing For inmates who are under the age of eighteen when they commence within their boundaries, submit an instructional service plan to the the program and who have not met high school graduation office of the superintendent of public instruction. Service plans must requirements, such courses of instruction and school-related student meet requirements stipulated in the rules developed in accordance activities as are provided by the school district for students outside of with section 9 of this act, provided that (a) the rules shall not govern adult jail facilities shall be provided by the school district for students requirements regarding security within the jail facility nor the in adult jail facilities, to the extent that it is practical and judged physical facility of the adult jail, including but not limited to, the appropriate by the school district and the administrator of the adult classroom space chosen for instruction, and (b) any excess costs to the jail facility. jails associated with implementing rules shall be negotiated pursuant NEW SECTION. Sec. 5. SCHOOL DISTRICTS-- to the contractual agreements between the education provider and ADDITIONAL AUTHORITY AND LIMITATION. School districts adult jail facility. providing an education program to juvenile inmates in an adult jail (2) Once districts have submitted a plan to the office of the facility, may: superintendent of public instruction, districts are not required to (1) Award appropriate diplomas or certificates to juvenile inmates resubmit their plans unless either districts or adult jail facilities initiate who successfully complete graduation requirements; a significant change to their plans. (3) An adult jail facility shall notify the office of the superintendent of public instruction as soon as practicable upon the

FIFTY THIRD DAY, MARCH 4, 2010 21 closure of any adult jail facility or upon the adoption of a policy that Johnson, Klippert, Kretz, Kristiansen, McCune, Nealey, Orcutt, no juvenile shall be held in the adult jail facility. Parker, Pearson, Rodne, Ross, Schmick, Shea, Short, Taylor and NEW SECTION. Sec. 9. ALLOCATION OF MONEY-- Warnick. ACCOUNTABILITY REQUIREMENTS--RULES. The superintendent of public instruction shall: SECOND SUBSTITUTE SENATE BILL NO. 6702, as (1) Allocate money appropriated by the legislature to administer amended by the House, having received the necessary and provide education programs under this chapter to school districts constitutional majority, was declared passed. that have assumed the primary responsibility to administer and provide education programs under this chapter or to the educational SUBSTITUTE SENATE BILL NO. 6329, by Senate service district operating the program under contract; and Committee on Labor, Commerce & Consumer Protection (2) Adopt rules that apply to school districts and educational (originally sponsored by Senators Kohl-Welles, King, Franklin, providers in accordance with chapter 34.05 RCW that establish Hewitt, Keiser, Kline and Delvin) reporting, program compliance, audit, and such other accountability requirements as are reasonably necessary to implement this chapter Creating a beer and wine tasting endorsement to the and related provisions of the omnibus appropriations act effectively. grocery store liquor license.

In adopting the rules pursuant to this subsection, the superintendent of The bill was read the second time. public instruction shall collaborate with representatives from the

Washington association of sheriffs and police chiefs and shall attempt With the consent of the House, amendment (1482) was to negotiate rules that deliver the educational program in the most withdrawn. cost-effective manner while, to the extent practicable, not imposing additional costs on local jail facilities. There being no objection, the rules were suspended, the second NEW SECTION. Sec. 10. Sections 1 through 9 of this act reading considered the third and the bill was placed on final constitute a new chapter in Title 28A RCW. passage. NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the Representatives Wood, Condotta and Conway spoke in favor remainder of the act or the application of the provision to other of the passage of the bill. persons or circumstances is not affected."

Correct the title. Representative Goodman spoke against the passage of the bill.

Representatives Dammeier and Maxwell spoke in favor of the The Speaker (Representative Morris presiding) stated the adoption of the amendment. question before the House to be the final passage of Substitute

Senate Bill No. 6329. Amendment (1437) was adopted.

ROLL CALL There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, The Clerk called the roll on the final passage of Substitute was placed on final passage. Senate Bill No. 6329, and the bill passed the House by the

following vote: Yeas, 77; Nays, 21; Absent, 0; Excused, 0. Representatives Maxwell, Dammeier and Quall spoke in favor Voting yea: Representatives Alexander, Anderson, Angel, of the passage of the bill. Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler,

Chase, Clibborn, Cody, Condotta, Conway, DeBolt, Dickerson, Representative Klippert spoke against the passage of the bill. Driscoll, Dunshee, Ericks, Ericksen, Fagan, Finn, Flannigan,

Green, Haigh, Haler, Herrera, Hinkle, Hope, Hunter, Hurst, Jacks, The Speaker (Representative Morris presiding) stated the Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Liias, question before the House to be the final passage of Second Linville, Maxwell, McCoy, Miloscia, Moeller, Morris, Nealey, Substitute Senate Bill No. 6702, as amended by the House. Nelson, O'Brien, Parker, Pettigrew, Probst, Quall, Rodne, Rolfes,

Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, ROLL CALL Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Wallace,

Walsh, Warnick, White, Williams, Wood and Mr. Speaker. The Clerk called the roll on the final passage of Second Voting nay: Representatives Crouse, Dammeier, Darneille, Substitute Senate Bill No. 6702, as amended by the House, and the Eddy, Goodman, Hasegawa, Hudgins, Hunt, Klippert, Kristiansen, bill passed the House by the following vote: Yeas, 72; Nays, 26; McCune, Morrell, Orcutt, Ormsby, Orwall, Pearson, Pedersen, Absent, 0; Excused, 0. Priest, Roach, Roberts and Van De Wege. Voting yea: Representatives Angel, Appleton, Armstrong,

Bailey, Blake, Campbell, Carlyle, Chase, Clibborn, Cody, SUBSTITUTE SENATE BILL NO. 6329, having received the Conway, Dammeier, Darneille, Dickerson, Driscoll, Dunshee, necessary constitutional majority, was declared passed. Eddy, Ericks, Fagan, Finn, Flannigan, Goodman, Green, Haigh,

Hasegawa, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Kagi, STATEMENT FOR THE JOURNAL Kelley, Kenney, Kessler, Kirby, Liias, Linville, Maxwell, McCoy,

Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, I intended to vote NAY on Substitute Senate Bill No. 6329. Orwall, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Mark Miloscia, 30th District Rolfes, Santos, Seaquist, Sells, Simpson, Smith, Springer,

Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, SECOND READING White, Williams, Wood and Mr. Speaker.

Voting nay: Representatives Alexander, Anderson, Chandler, Condotta, Crouse, DeBolt, Ericksen, Haler, Herrera, Hinkle,

22 JOURNAL OF THE HOUSE SUBSTITUTE SENATE BILL NO. 6363, by Senate Voting yea: Representatives Alexander, Anderson, Angel, Committee on Transportation (originally sponsored by Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Senators Marr, King, Haugen, Brandland, Kauffman, Delvin, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, Eide, Shin and McAuliffe) Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Concerning the enforcement of certain school or Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, playground crosswalk violations. Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, The bill was read the second time. Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, There being no objection, the rules were suspended, the second Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, reading considered the third and the bill was placed on final Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, passage. Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker. Representatives Simpson, Armstrong, Pearson, Orcutt and Priest spoke in favor of the passage of the bill. SENATE BILL NO. 6219, having received the necessary constitutional majority, was declared passed. The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Substitute SENATE BILL NO. 6218, by Senators Fraser and Senate Bill No. 6363. Brandland

ROLL CALL Authorizing use of voter approved local excess tax levies to pay financing contracts under the local option capital asset The Clerk called the roll on the final passage of Substitute lending program and clarifying which "other agencies" may Senate Bill No. 6363, and the bill passed the House by the participate in the program. following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0. Voting yea: Representatives Alexander, Anderson, Angel, The bill was read the second time. Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, There being no objection, the rules were suspended, the second Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, reading considered the third and the bill was placed on final Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, passage. Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Representatives Dunshee and Warnick spoke in favor of the Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, passage of the bill. Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, The Speaker (Representative Morris presiding) stated the Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, question before the House to be the final passage of Senate Bill Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, No. 6218. Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker. ROLL CALL

SUBSTITUTE SENATE BILL NO. 6363, having received the The Clerk called the roll on the final passage of Senate Bill necessary constitutional majority, was declared passed. No. 6218, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0. SENATE BILL NO. 6219, by Senator Berkey Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Funding sources for time certificate of deposit investments. Chase, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, The bill was read the second time. Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, There being no objection, the rules were suspended, the second Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, reading considered the third and the bill was placed on final Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, passage. Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Representatives Kirby and Bailey spoke in favor of the passage Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, of the bill. Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, The Speaker (Representative Morris presiding) stated the Walsh, Warnick, White, Williams, Wood and Mr. Speaker. question before the House to be the final passage of Senate Bill No. 6219. SENATE BILL NO. 6218, having received the necessary constitutional majority, was declared passed. ROLL CALL There being no objection, the House reverted to the fifth order The Clerk called the roll on the final passage of Senate Bill of business. No. 6219, and the bill passed the House by the following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0. REPORTS OF STANDING COMMITTEES

FIFTY THIRD DAY, MARCH 4, 2010 23 HOUSE BILL NO. 2996 March 4, 2010 ENGROSSED SUBSTITUTE HOUSE BILL NO. 3032 HB 3209 Prime Sponsor, Representative Clibborn: SUBSTITUTE HOUSE BILL NO. 3066 Managing costs of the ferry system. Reported by SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4004 Committee on Transportation SUBSTITUTE SENATE BILL NO. 5046 ENGROSSED SENATE BILL NO. 5041 MAJORITY recommendation: The substitute bill be ENGROSSED SENATE BILL NO. 5516 substituted therefor and the substitute bill do pass. Signed by SENATE BILL NO. 5582 Representatives Clibborn, Chair; Liias, Vice Chair; Roach, SECOND ENGROSSED SENATE BILL NO. 5617 Ranking Minority Member; Armstrong; Dickerson; Driscoll; SUBSTITUTE SENATE BILL NO. 6197 Eddy; Finn; Flannigan; Herrera; Johnson; Klippert; SUBSTITUTE SENATE BILL NO. 6211 Kristiansen; Moeller; Morris; Nealey; Rolfes; Sells; Shea; SUBSTITUTE SENATE BILL NO. 6213 Simpson; Springer; Takko; Upthegrove; Williams and Wood. SUBSTITUTE SENATE BILL NO. 6239 ENGROSSED SUBSTITUTE SENATE BILL NO. 6241 MINORITY recommendation: Do not pass. Signed by SENATE BILL NO. 6227 Representative Ericksen. SENATE BILL NO. 6229 SUBSTITUTE SENATE BILL NO. 6251 There being no objection, HOUSE BILL NO. 3209 listed on SUBSTITUTE SENATE BILL NO. 6271 the day’s committee reports under the fifth order of business was SUBSTITUTE SENATE BILL NO. 6273 placed on the second reading calendar. ENGROSSED SUBSTITUTE SENATE BILL NO. 6286 SENATE BILL NO. 6275 The Speaker assumed the chair. SUBSTITUTE SENATE BILL NO. 6298 SUBSTITUTE SENATE BILL NO. 6299 SIGNED BY THE SPEAKER ENGROSSED SUBSTITUTE SENATE BILL NO. 6306 ENGROSSED SENATE BILL NO. 6287 The Speaker signed the following: SENATE BILL NO. 6288 SENATE BILL NO. 6297 HOUSE BILL NO. 1080 SUBSTITUTE SENATE BILL NO. 6337 ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. SUBSTITUTE SENATE BILL NO. 6357 1560 SUBSTITUTE SENATE BILL NO. 6367 HOUSE BILL NO. 1541 SUBSTITUTE SENATE BILL NO. 6371 SECOND SUBSTITUTE HOUSE BILL NO. 1591 SENATE BILL NO. 6365 ENGROSSED HOUSE BILL NO. 1653 SUBSTITUTE SENATE BILL NO. 6395 SECOND ENGROSSED HOUSE BILL NO. 1876 SUBSTITUTE SENATE BILL NO. 6398 SUBSTITUTE HOUSE BILL NO. 1913 SUBSTITUTE SENATE BILL NO. 6414 SUBSTITUTE HOUSE BILL NO. 2226 SENATE BILL NO. 6450 SECOND SUBSTITUTE HOUSE BILL NO. 2396 SENATE BILL NO. 6467 ENGROSSED SUBSTITUTE HOUSE BILL NO. 2399 ENGROSSED SUBSTITUTE SENATE BILL NO. 6499 SUBSTITUTE HOUSE BILL NO. 2430 ENGROSSED SUBSTITUTE SENATE BILL NO. 6522 HOUSE BILL NO. 2419 SUBSTITUTE SENATE BILL NO. 6524 HOUSE BILL NO. 2465 SUBSTITUTE SENATE BILL NO. 6544 SUBSTITUTE HOUSE BILL NO. 2487 SUBSTITUTE SENATE BILL NO. 6556 HOUSE BILL NO. 2490 SENATE BILL NO. 6543 SUBSTITUTE HOUSE BILL NO. 2515 SENATE BILL NO. 6546 HOUSE BILL NO. 2510 SUBSTITUTE SENATE BILL NO. 6584 HOUSE BILL NO. 2521 SUBSTITUTE SENATE BILL NO. 6591 SUBSTITUTE HOUSE BILL NO. 2555 SUBSTITUTE SENATE BILL NO. 6634 ENGROSSED SUBSTITUTE HOUSE BILL NO. 2560 SENATE BILL NO. 6627 SUBSTITUTE HOUSE BILL NO. 2585 SUBSTITUTE SENATE BILL NO. 6674 HOUSE BILL NO. 2598 SUBSTITUTE SENATE BILL NO. 6749 HOUSE BILL NO. 2608 SENATE BILL NO. 6745 SUBSTITUTE HOUSE BILL NO. 2649 SUBSTITUTE SENATE BILL NO. 6831 SUBSTITUTE HOUSE BILL NO. 2651 SENATE JOINT MEMORIAL NO. 8026 SUBSTITUTE HOUSE BILL NO. 2661 ENGROSSED HOUSE BILL NO. 2667 The Speaker called upon Representative Morris to preside. SUBSTITUTE HOUSE BILL NO. 2704 HOUSE BILL NO. 2740 MESSAGES FROM THE SENATE SUBSTITUTE HOUSE BILL NO. 2789 SUBSTITUTE HOUSE BILL NO. 2828 March 4, 2010 ENGROSSED SUBSTITUTE HOUSE BILL NO. 2842 Mr. Speaker: ENGROSSED HOUSE BILL NO. 2830 ENGROSSED HOUSE BILL NO. 2831 The President has signed: HOUSE BILL NO. 2858 SENATE BILL NO. 6209 HOUSE BILL NO. 2861 SENATE BILL NO. 6279 ENGROSSED SUBSTITUTE HOUSE BILL NO. 2913 SENATE BILL NO. 6330 SUBSTITUTE HOUSE BILL NO. 2962 SUBSTITUTE SENATE BILL NO. 6341

24 JOURNAL OF THE HOUSE SENATE BILL NO. 6453 Renumber the remaining sections consecutively and correct SENATE BILL NO. 6487 internal references accordingly. SUBSTITUTE SENATE BILL NO. 6510 On page 2, after line 2 of the striking amendment, insert the SENATE BILL NO. 6555 following: SUBSTITUTE SENATE BILL NO. 6558 SUBSTITUTE SENATE BILL NO. 6577 "(3) In an action under RCW 4.20.010 that is based on a parent's SUBSTITUTE SENATE BILL NO. 6816 significant involvement in an adult child's life, the liability of each and the same are herewith transmitted. defendant against whom judgment is entered is several and not joint." Thomas Hoemann, Secretary On page 2, after line 36 of the striking amendment, insert the following: March 4, 2010 "(5) In an action under this section that is based on a parent's Mr. Speaker: significant involvement in a child's life, the liability of each defendant against whom judgment is entered is several and not joint." The Senate has passed: On page 4, line 8 of the striking amendment, after "death" insert HOUSE BILL NO. 2428 ". SUBSTITUTE HOUSE BILL NO. 2429 (5) In an action under this section that is based on a parent's HOUSE BILL NO. 2592 significant involvement in a child's life, the liability of each defendant and the same are herewith transmitted. against whom judgment is entered is several and not joint" Thomas Hoemann, Secretary On page 5, after line 12 of the striking amendment, insert the following: March 4, 2010 "(6) In an action under this section that is based on a parent's Mr. Speaker: significant involvement in a child's life, the liability of defendant against whom judgment is entered is several and not joint. The Senate has passed: Sec. 5. RCW 4.22.070 and 1993 c 496 s 1 are each amended to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1418 read as follows: SUBSTITUTE HOUSE BILL NO. 1545 (1) In all actions involving fault of more than one entity, the trier HOUSE BILL NO. 1576 of fact shall determine the percentage of the total fault which is SUBSTITUTE HOUSE BILL NO. 2422 ENGROSSED SUBSTITUTE HOUSE BILL NO. 2496 attributable to every entity which caused the claimant's damages HOUSE BILL NO. 2575 except entities immune from liability to the claimant under Title 51 SUBSTITUTE HOUSE BILL NO. 2620 RCW. The sum of the percentages of the total fault attributed to at- SUBSTITUTE HOUSE BILL NO. 2678 fault entities shall equal one hundred percent. The entities whose SUBSTITUTE HOUSE BILL NO. 2684 fault shall be determined include the claimant or person suffering SUBSTITUTE HOUSE BILL NO. 3145 personal injury or incurring property damage, defendants, third-party and the same are herewith transmitted. defendants, entities released by the claimant, entities with any other Thomas Hoemann, Secretary individual defense against the claimant, and entities immune from liability to the claimant, but shall not include those entities immune SECOND READING from liability to the claimant under Title 51 RCW. Judgment shall be entered against each defendant except those who have been released SECOND ENGROSSED SUBSTITUTE SENATE BILL by the claimant or are immune from liability to the claimant or have NO. 6508, by Senate Committee on Government Operations & prevailed on any other individual defense against the claimant in an Elections (originally sponsored by Senators Fairley, Prentice, Pridemore, Kline, Rockefeller, Ranker, Tom, McDermott, amount which represents that party's proportionate share of the Gordon and Keiser) claimant's total damages. The liability of each defendant shall be several only and shall not be joint except in the following Changing the class of persons entitled to recoveries under a circumstances: wrongful death action or survival action. (a) A party shall be responsible for the fault of another person or for payment of the proportionate share of another party where both The bill was read the second time. were acting in concert or when a person was acting as an agent or servant of the party. There being no objection, the committee amendment by the (b) If the trier of fact determines that the claimant or party Committee on Ways & Means, was before the House for purpose suffering bodily injury or incurring property damages was not at fault, of amendment. (For Committee amendment, see Journal, Day 50, the defendants against whom judgment is entered shall be jointly and March 1, 2010). severally liable for the sum of their proportionate shares of the ((claimants)) claimant's total damages, except as otherwise provided With the consent of the House, amendments (1468), (1473) in RCW 4.20.020, 4.20.046, 4.20.060, and 4.24.010. and (1462) to the committee amendment were withdrawn. (2) If a defendant is jointly and severally liable under one of the exceptions listed in subsections (1)(a) or (1)(b) of this section, such Representative Ross moved the adoption of amendment (1471) defendant's rights to contribution against another jointly and severally to the committee amendment. liable defendant, and the effect of settlement by either such defendant, shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060. On page 1, at the beginning of line 3 of the striking amendment, (3)(a) Nothing in this section affects any cause of action relating insert the following: to hazardous wastes or substances or solid waste disposal sites. "NEW SECTION. Sec. 1. The legislature finds that it is only fair (b) Nothing in this section shall affect a cause of action arising and just that persons found liable for damages in actions as expanded from the tortious interference with contracts or business relations. under this act that are based on a parent's significant involvement in a (c) Nothing in this section shall affect any cause of action arising child's life should be responsible only for their proportionate share of from the manufacture or marketing of a fungible product in a generic fault." form which contains no clearly identifiable shape, color, or marking."

FIFTY THIRD DAY, MARCH 4, 2010 25 Renumber the remaining sections consecutively and correct based on the receipt of services that have an economic or monetary internal references accordingly. value, or substantial dependence based on actual monetary payments or contributions" Representative Ross and Ross (again) spoke in favor of the adoption of the amendment to the committee amendment. Representatives Rodne, Shea and Ross spoke in favor of the adoption of the amendment to the committee amendment. Representative Pedersen spoke against the adoption of the amendment to the committee amendment. Representative Roberts spoke against the adoption of the amendment to the committee amendment. An electronic roll call was requested. An electronic roll call was requested. The Speaker (Representative Morris presiding) stated the question before the House to be the adoption of amendment (1471) The Speaker (Representative Morris presiding) stated the to the committee amendment to Second Engrossed Substitute question before the House to be the adoption of amendment (1466) Senate Bill No. 6508. to the committee amendment to Second Engrossed Substitute Senate Bill No. 6508. ROLL CALL ROLL CALL The Clerk called the roll on the adoption of (1471) to the committee amendment to Second Engrossed Substitute Senate Bill The Clerk called the roll on the adoption of amendment (1466) No. 6508 and the amendment was not adopted by the following to the committee amendment to Second Engrossed Substitute vote: Yeas, 44; Nays, 54; Absent, 0; Excused, 0. Senate Bill No. 6508 and the amendment was not adopted by the Voting yea: Representatives Alexander, Anderson, Angel, following vote: Yeas, 42; Nays, 56; Absent, 0; Excused, 0. Armstrong, Bailey, Campbell, Carlyle, Chandler, Clibborn, Voting yea: Representatives Alexander, Anderson, Armstrong, Condotta, Crouse, Dammeier, DeBolt, Driscoll, Eddy, Ericksen, Bailey, Campbell, Carlyle, Chandler, Clibborn, Condotta, Crouse, Fagan, Haler, Herrera, Hinkle, Hope, Hudgins, Hurst, Johnson, Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Haler, Herrera, Kelley, Klippert, Kretz, Kristiansen, McCune, Nealey, Orcutt, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, Kristiansen, Parker, Pearson, Priest, Roach, Rodne, Ross, Schmick, Shea, Liias, McCune, Nealey, Orcutt, Parker, Pearson, Priest, Roach, Short, Smith, Taylor, Walsh and Warnick. Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh and Voting nay: Representatives Appleton, Blake, Chase, Cody, Warnick. Conway, Darneille, Dickerson, Dunshee, Ericks, Finn, Flannigan, Voting nay: Representatives Angel, Appleton, Blake, Chase, Goodman, Green, Haigh, Hasegawa, Hunt, Hunter, Jacks, Kagi, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Ericks, Kenney, Kessler, Kirby, Liias, Linville, Maxwell, McCoy, Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, Hudgins, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Linville, Orwall, Pedersen, Pettigrew, Probst, Quall, Roberts, Rolfes, Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, Nelson, Santos, Seaquist, Sells, Simpson, Springer, Sullivan, Takko, O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Probst, Quall, Upthegrove, Van De Wege, Wallace, White, Williams, Wood and Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, Mr. Speaker. Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, Williams, Wood and Mr. Speaker. Amendment (1471) to the committee amendment was not adopted. Amendment (1466) to the committee amendment was not adopted. Representative Rodne moved the adoption of amendment (1466) to the committee amendment. Representative Shea moved the adoption of amendment (1480) to the committee amendment. On page 1, beginning on line 14 of the striking amendment, after "support" strike all material through "life" on line 16 On page 1, line 14 of the striking amendment, after "or" insert Beginning on page 1, line 23 of the striking amendment, after "the parents of an adult child under the age of twenty-six" "section" strike all material through "death" on page 2, line 6 and On page 3, line 26 of the striking amendment, after "or if" insert insert ", "financially dependent for support" means substantial "the decedent is under the age of twenty-six and" dependence based on the receipt of services that have an economic or monetary value, or substantial dependence based on actual monetary Representatives Shea and Rodne spoke in favor of the adoption payments or contributions" of the amendment to the committee amendment. On page 3, beginning on line 26 of the striking amendment, after "support" strike all material through "life" on line 27 Representative Roberts spoke against the adoption of the Beginning on page 3, line 38 of the striking amendment, after amendment to the committee amendment. "section" strike all material through "death" on page 4, line 8 and insert ", "financially dependent for support" means substantial An electronic roll call was requested. dependence based on the receipt of services that have an economic or monetary value, or substantial dependence based on actual monetary The Speaker (Representative Morris presiding) stated the payments or contributions" question before the House to be the adoption of amendment (1480) On page 4, beginning on line 14 of the striking amendment, after to the committee amendment to Second Engrossed Substitute "support" strike all material through "life" on line 15 Senate Bill No. 6508. On page 5, beginning on line 4 of the striking amendment, after "section" strike all material through "death" on line 12 and insert ", ROLL CALL "financially dependent for support" means substantial dependence

26 JOURNAL OF THE HOUSE The Clerk called the roll on the adoption of amendment (1480) to the committee amendment to Second Engrossed Substitute Amendment (1469) to the committee amendment was adopted. Senate Bill No. 6508 and the amendment was not adopted by the following vote: Yeas, 42; Nays, 56; Absent, 0; Excused, 0. Representative Ross moved the adoption of amendment (1472) Voting yea: Representatives Alexander, Anderson, Angel, to the committee amendment. Armstrong, Bailey, Campbell, Carlyle, Chandler, Condotta, Crouse, Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Haler, On page 1, line 22 of the striking amendment, after "just" insert ", Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, except that in an action against the state or a political subdivision of Kristiansen, McCune, Nealey, Orcutt, Parker, Pearson, Priest, the state that is based on a parent's significant involvement in an adult Quall, Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, child's life, the claimant may recover only economic damages and Walsh and Warnick. may not recover noneconomic damages" Voting nay: Representatives Appleton, Blake, Chase, Clibborn, On page 2, line 18 of the striking amendment, after "case" insert Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Ericks, ", except that in an action against the state or a political subdivision of Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, Hudgins, the state that is based on a parent's significant involvement in an adult Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, child's life, the personal representative is not entitled to recover the Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, Nelson, decedent's noneconomic damages on behalf of the specified O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Probst, Roberts, beneficiaries" Rolfes, Santos, Seaquist, Sells, Simpson, Springer, Sullivan, On page 3, line 37 of the striking amendment, after "case" insert Takko, Upthegrove, Van De Wege, Wallace, White, Williams, ", except that in an action against the state or a political subdivision of Wood and Mr. Speaker. the state that is based on a parent's significant involvement in the decedent's life, the personal representative is not entitled to recover Amendment (1480) to the committee amendment was not the decedent's noneconomic damages on behalf of the specified adopted. beneficiaries"

Representative Shea moved the adoption of amendment (1469) Representatives Ross, Rodne, Ross (again), Orcutt, Ericksen to the committee amendment. and Rodne (again) spoke in favor of the adoption of the amendment to the committee amendment. On page 1, line 22 of the striking amendment, after "just." insert "In an action under RCW 4.20.010 that is based on a parent's Representatives Williams, Simpson, Williams (again) and significant involvement in an adult child's life, economic damages Simpson (again) spoke against the adoption of the amendment to include any student loan balance that the parent may be obligated to the committee amendment. repay as a result of acting as a co-signor or guarantor on the decedent's student loans, except for student loan balances that, under An electronic roll call was requested. the terms of the loan, are eligible for a complete discharge upon the death of the borrower." The Speaker (Representative Morris presiding) stated the question before the House to be the adoption of amendment (1472) Representatives Shea and Pedersen spoke in favor of the to the committee amendment to Second Engrossed Substitute adoption of the amendment to the committee amendment. Senate Bill No. 6508.

An electronic roll call was requested. ROLL CALL

The Speaker (Representative Morris presiding) stated the The Clerk called the roll on the adoption of amendment (1472) question before the House to be the adoption of amendment (1469) to the committee amendment to Second Engrossed Substitute to the committee amendment to Second Engrossed Substitute Senate Bill No. 6508 and the amendment was not adopted by the Senate Bill No. 6508. following vote: Yeas, 42; Nays, 56; Absent, 0; Excused, 0. Voting yea: Representatives Alexander, Anderson, Angel, ROLL CALL Armstrong, Bailey, Campbell, Carlyle, Chandler, Condotta, Crouse, Dammeier, DeBolt, Driscoll, Eddy, Ericksen, Fagan, The Clerk called the roll on the adoption of amendment (1469) Haler, Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, to the committee amendment to Second Engrossed Substitute Kretz, Kristiansen, McCune, Nealey, Orcutt, Parker, Pearson, Senate Bill No. 6508 and the amendment was adopted by the Priest, Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0. Walsh and Warnick. Voting yea: Representatives Alexander, Anderson, Angel, Voting nay: Representatives Appleton, Blake, Chase, Clibborn, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Cody, Conway, Darneille, Dickerson, Dunshee, Ericks, Finn, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, Flannigan, Goodman, Green, Haigh, Hasegawa, Hudgins, Hunt, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, Nelson, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Probst, Quall, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Williams, Wood and Mr. Speaker. Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Amendment (1472) to the committee amendment was not Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, adopted. Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

FIFTY THIRD DAY, MARCH 4, 2010 27 Representative Rodne moved the adoption of amendment Amendment (1470) to the committee amendment was not (1470) to the committee amendment. adopted.

Beginning on page 1, line 28 of the striking amendment, after Representative Rodne moved the adoption of amendment "(b)" strike all material through "death" on page 2, line 2 and insert (1457) to the committee amendment. ""Significant involvement" means objective evidence of personal verbal, written, electronic, or in-person contact with an adult child on On page 2, after line 2 of the striking amendment, insert the a frequent basis. The court shall consider any objective evidence of following: weekly, biweekly, or monthly personal verbal, written, or electronic "(3) In an action under RCW 4.20.010 against the state or a contact, and annual in-person interactions on holidays, birthdays, and political subdivision of the state that is based on a parent's significant other events as evidence of such involvement" involvement in an adult child's life, the liability of the state or political On page 4, beginning on line 5 of the striking amendment, after subdivision is several and not joint for acts or omissions related to the "(b)" strike all material through "death" on line 8 and insert provision of law enforcement or fire protection services." ""Significant involvement" means objective evidence of personal, On page 2, after line 36 of the striking amendment, insert the verbal, written, electronic, or in-person contact with an adult child on following: a frequent basis. The court shall consider any objective evidence of "(5) In an action under this section against the state or a political weekly, biweekly, or monthly personal verbal, written, or electronic subdivision of the state that is based on a parent's significant contact, and annual in-person interactions on holidays, birthdays, and involvement in a child's life, the liability of the state or political other events as evidence of such involvement" subdivision is several and not joint for acts or omissions related to the On page 5, beginning on line 9 of the striking amendment, after provision of law enforcement or fire protection services." "(b)" strike all material through "death" on line 12 and insert On page 4, line 8 of the striking amendment, after "death" insert ""Significant involvement" means objective evidence of personal, ". verbal, written, electronic, or in-person contact with a child on a (5) In an action under this section against the state or a political frequent basis. The court shall consider any objective evidence of subdivision of the state that is based on a parent's significant weekly, biweekly, or monthly personal verbal, written, or electronic involvement in a child's life, the liability of the state or political contact, and annual in-person interactions on holidays, birthdays, and subdivision is several and not joint for acts or omissions related to the other events as evidence of such involvement" provision of law enforcement or fire protection services" On page 5, after line 12 of the striking amendment, insert the Representatives Rodne, Smith and Rodne (again) spoke in following: favor of the adoption of the amendment to the committee "(6) In an action under this section against the state or a political amendment. subdivision of the state that is based on a parent's significant involvement in a child's life, the liability of the state or political Representatives Goodman, Simpson and Goodman (again) subdivision is several and not joint for acts or omissions related to the spoke against the adoption of the amendment to the committee provision of law enforcement or fire protection services. amendment. Sec. 5. RCW 4.22.070 and 1993 c 496 s 1 are each amended to read as follows: An electronic roll call was requested. (1) In all actions involving fault of more than one entity, the trier of fact shall determine the percentage of the total fault which is The Speaker (Representative Morris presiding) stated the attributable to every entity which caused the claimant's damages question before the House to be the adoption of amendment (1470) except entities immune from liability to the claimant under Title 51 to the committee amendment to Second Engrossed Substitute RCW. The sum of the percentages of the total fault attributed to at- Senate Bill No. 6508. fault entities shall equal one hundred percent. The entities whose fault shall be determined include the claimant or person suffering ROLL CALL personal injury or incurring property damage, defendants, third-party defendants, entities released by the claimant, entities with any other The Clerk called the roll on the adoption of amendment (1470) individual defense against the claimant, and entities immune from to the committee amendment to Second Engrossed Substitute liability to the claimant, but shall not include those entities immune Senate Bill No. 6508 and the amendment was not adopted by the from liability to the claimant under Title 51 RCW. Judgment shall be following vote: Yeas, 41; Nays, 57; Absent, 0; Excused, 0. entered against each defendant except those who have been released Voting yea: Representatives Alexander, Anderson, Angel, by the claimant or are immune from liability to the claimant or have Armstrong, Bailey, Campbell, Carlyle, Chandler, Condotta, prevailed on any other individual defense against the claimant in an Crouse, Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Haler, amount which represents that party's proportionate share of the Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, claimant's total damages. The liability of each defendant shall be Kristiansen, McCune, Nealey, Orcutt, Parker, Pearson, Priest, several only and shall not be joint except in the following Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh circumstances: and Warnick. (a) A party shall be responsible for the fault of another person or Voting nay: Representatives Appleton, Blake, Chase, Clibborn, for payment of the proportionate share of another party where both Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Ericks, were acting in concert or when a person was acting as an agent or Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, Hudgins, servant of the party. Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, (b) If the trier of fact determines that the claimant or party Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, Nelson, suffering bodily injury or incurring property damages was not at fault, O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Probst, Quall, the defendants against whom judgment is entered shall be jointly and Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, severally liable for the sum of their proportionate shares of the Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, ((claimants)) claimant's total damages, except as otherwise provided Williams, Wood and Mr. Speaker. in RCW 4.20.020, 4.20.046, 4.20.060, and 4.24.010.

28 JOURNAL OF THE HOUSE (2) If a defendant is jointly and severally liable under one of the "(5) In an action under this section against a nonprofit corporation exceptions listed in subsections (1)(a) or (1)(b) of this section, such as defined in RCW 24.03.005 that is based on a parent's significant defendant's rights to contribution against another jointly and severally involvement in a child's life, the liability of the nonprofit corporation liable defendant, and the effect of settlement by either such defendant, is several and not joint." shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060. On page 4, line 8 of the striking amendment, after "death" insert (3)(a) Nothing in this section affects any cause of action relating ". to hazardous wastes or substances or solid waste disposal sites. (5) In an action under this section against a nonprofit corporation (b) Nothing in this section shall affect a cause of action arising as defined in RCW 24.03.005 that is based on a parent's significant from the tortious interference with contracts or business relations. involvement in a child's life, the liability of the nonprofit corporation (c) Nothing in this section shall affect any cause of action arising is several and not joint" from the manufacture or marketing of a fungible product in a generic On page 5, after line 12 of the striking amendment, insert the form which contains no clearly identifiable shape, color, or marking." following: Renumber the remaining sections consecutively and correct "(6) In an action under this section against a nonprofit corporation internal references accordingly. as defined in RCW 24.03.005 that is based on a parent's significant involvement in a child's life, the liability of the nonprofit corporation Representatives Klippert, Rodne, Orcutt and Ross spoke in is several and not joint. favor of the adoption of the amendment to the committee Sec. 5. RCW 4.22.070 and 1993 c 496 s 1 are each amended to amendment. read as follows: (1) In all actions involving fault of more than one entity, the trier Representatives Williams and Simpson spoke against the of fact shall determine the percentage of the total fault which is adoption of the amendment to the committee amendment. attributable to every entity which caused the claimant's damages except entities immune from liability to the claimant under Title 51 An electronic roll call was requested. RCW. The sum of the percentages of the total fault attributed to at- fault entities shall equal one hundred percent. The entities whose The Speaker (Representative Morris presiding) stated the fault shall be determined include the claimant or person suffering question before the House to be the adoption of amendment (1457) personal injury or incurring property damage, defendants, third-party to the committee amendment to Second Engrossed Substitute defendants, entities released by the claimant, entities with any other Senate Bill No. 6508. individual defense against the claimant, and entities immune from liability to the claimant, but shall not include those entities immune ROLL CALL from liability to the claimant under Title 51 RCW. Judgment shall be entered against each defendant except those who have been released The Clerk called the roll on the adoption of amendment (1457) by the claimant or are immune from liability to the claimant or have to the committee amendment to Second Engrossed Substitute prevailed on any other individual defense against the claimant in an Senate Bill No. 6508 and the amendment was not adopted by the amount which represents that party's proportionate share of the following vote: Yeas, 42; Nays, 56; Absent, 0; Excused, 0. claimant's total damages. The liability of each defendant shall be Voting yea: Representatives Alexander, Anderson, Angel, several only and shall not be joint except in the following Armstrong, Bailey, Campbell, Carlyle, Chandler, Condotta, circumstances: Crouse, Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Haler, (a) A party shall be responsible for the fault of another person or Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, for payment of the proportionate share of another party where both Kristiansen, McCune, Miloscia, Nealey, Orcutt, Parker, Pearson, were acting in concert or when a person was acting as an agent or Priest, Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, servant of the party. Walsh and Warnick. (b) If the trier of fact determines that the claimant or party Voting nay: Representatives Appleton, Blake, Chase, Clibborn, suffering bodily injury or incurring property damages was not at fault, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Ericks, the defendants against whom judgment is entered shall be jointly and Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, Hudgins, severally liable for the sum of their proportionate shares of the Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, ((claimants)) claimant's total damages, except as otherwise provided Maxwell, McCoy, Moeller, Morrell, Morris, Nelson, O'Brien, in RCW 4.20.020, 4.20.046, 4.20.060, and 4.24.010. Ormsby, Orwall, Pedersen, Pettigrew, Probst, Quall, Roberts, (2) If a defendant is jointly and severally liable under one of the Rolfes, Santos, Seaquist, Sells, Simpson, Springer, Sullivan, exceptions listed in subsections (1)(a) or (1)(b) of this section, such Takko, Upthegrove, Van De Wege, Wallace, White, Williams, defendant's rights to contribution against another jointly and severally Wood and Mr. Speaker. liable defendant, and the effect of settlement by either such defendant, shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060. Amendment (1457) to the committee amendment was not (3)(a) Nothing in this section affects any cause of action relating adopted. to hazardous wastes or substances or solid waste disposal sites. (b) Nothing in this section shall affect a cause of action arising Representative Rodne moved the adoption of amendment from the tortious interference with contracts or business relations. (1458) to the committee amendment. (c) Nothing in this section shall affect any cause of action arising from the manufacture or marketing of a fungible product in a generic On page 2, after line 2 of the striking amendment, insert the form which contains no clearly identifiable shape, color, or marking." following: Renumber the remaining sections consecutively and correct "(3) In an action under RCW 4.20.010 against a nonprofit internal references accordingly. corporation as defined in RCW 24.03.005 that is based on a parent's significant involvement in an adult child's life, the liability of the Representatives Rodne and Ericksen spoke in favor of the nonprofit corporation is several and not joint." adoption of the amendment to the committee amendment. On page 2, after line 36 of the striking amendment, insert the following:

FIFTY THIRD DAY, MARCH 4, 2010 29 Representative Pedersen spoke against the adoption of the "(6) In an action under this section against an employer that is amendment to the committee amendment. based on a parent's significant involvement in a child's life, the liability of the employer is several and not joint if the claim against An electronic roll call was requested. the employer arises from the criminal acts or omissions of an employee who is under the supervision of the department of The Speaker (Representative Morris presiding) stated the corrections or a local probation department. question before the House to be the adoption of amendment (1458) Sec. 5. RCW 4.22.070 and 1993 c 496 s 1 are each amended to to the committee amendment to Second Engrossed Substitute read as follows: Senate Bill No. 6508. (1) In all actions involving fault of more than one entity, the trier of fact shall determine the percentage of the total fault which is ROLL CALL attributable to every entity which caused the claimant's damages except entities immune from liability to the claimant under Title 51 The Clerk called the roll on the adoption of amendment (1458) RCW. The sum of the percentages of the total fault attributed to at- to the committee amendment to Second Engrossed Substitute fault entities shall equal one hundred percent. The entities whose Senate Bill No. 6508 and the amendment was not adopted by the fault shall be determined include the claimant or person suffering following vote: Yeas, 42; Nays, 56; Absent, 0; Excused, 0. personal injury or incurring property damage, defendants, third-party Voting yea: Representatives Alexander, Anderson, Angel, defendants, entities released by the claimant, entities with any other Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, individual defense against the claimant, and entities immune from Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Haler, Herrera, liability to the claimant, but shall not include those entities immune Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, Kristiansen, from liability to the claimant under Title 51 RCW. Judgment shall be McCune, Morrell, Nealey, Orcutt, Parker, Pearson, Priest, Quall, entered against each defendant except those who have been released Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh by the claimant or are immune from liability to the claimant or have and Warnick. prevailed on any other individual defense against the claimant in an Voting nay: Representatives Appleton, Blake, Carlyle, Chase, amount which represents that party's proportionate share of the Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, claimant's total damages. The liability of each defendant shall be Ericks, Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, several only and shall not be joint except in the following Hudgins, Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, circumstances: Linville, Maxwell, McCoy, Miloscia, Moeller, Morris, Nelson, (a) A party shall be responsible for the fault of another person or O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Probst, Roberts, for payment of the proportionate share of another party where both Rolfes, Santos, Seaquist, Sells, Simpson, Springer, Sullivan, were acting in concert or when a person was acting as an agent or Takko, Upthegrove, Van De Wege, Wallace, White, Williams, servant of the party. Wood and Mr. Speaker. (b) If the trier of fact determines that the claimant or party suffering bodily injury or incurring property damages was not at fault, Amendment (1458) to the committee amendment was not the defendants against whom judgment is entered shall be jointly and adopted. severally liable for the sum of their proportionate shares of the ((claimants)) claimant's total damages, except as otherwise provided Representative Ross moved the adoption of amendment (1459) in RCW 4.20.020, 4.20.046, 4.20.060, and 4.24.010. to the committee amendment. (2) If a defendant is jointly and severally liable under one of the exceptions listed in subsections (1)(a) or (1)(b) of this section, such On page 2, after line 2 of the striking amendment, insert the defendant's rights to contribution against another jointly and severally following: liable defendant, and the effect of settlement by either such defendant, "(3) In an action under RCW 4.20.010 against an employer that is shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060. based on a parent's significant involvement in an adult child's life, the (3)(a) Nothing in this section affects any cause of action relating liability of the employer is several and not joint if the claim against to hazardous wastes or substances or solid waste disposal sites. the employer arises from the criminal acts or omissions of an (b) Nothing in this section shall affect a cause of action arising employee who is under the supervision of the department of from the tortious interference with contracts or business relations. corrections or a local probation department." (c) Nothing in this section shall affect any cause of action arising On page 2, after line 36 of the striking amendment, insert the from the manufacture or marketing of a fungible product in a generic following: form which contains no clearly identifiable shape, color, or marking." "(5) In an action under this section against an employer that is Renumber the remaining sections consecutively and correct based on a parent's significant involvement in a child's life, the internal references accordingly. liability of the employer is several and not joint if the claim against the employer arises from the criminal acts or omissions of an Representatives Ross, Ross (again) and Ericksen spoke in employee who is under the supervision of the department of favor of the adoption of the amendment to the committee corrections or a local probation department." amendment. On page 4, line 8 of the striking amendment, after "death" insert ". Representative Goodman spoke against the adoption of the (5) In an action under this section against an employer that is amendment to the committee amendment. based on a parent's significant involvement in a child's life, the liability of the employer is several and not joint if the claim against An electronic roll call was requested. the employer arises from the criminal acts or omissions of an employee who is under the supervision of the department of The Speaker (Representative Morris presiding) stated the corrections or a local probation department" question before the House to be the adoption of amendment (1459) On page 5, after line 12 of the striking amendment, insert the to the committee amendment to Second Engrossed Substitute following: Senate Bill No. 6508.

30 JOURNAL OF THE HOUSE

ROLL CALL from liability to the claimant under Title 51 RCW. Judgment shall be entered against each defendant except those who have been released The Clerk called the roll on the adoption of amendment (1459) by the claimant or are immune from liability to the claimant or have to the committee amendment to Second Engrossed Substitute prevailed on any other individual defense against the claimant in an Senate Bill No. 6508 and the amendment was not adopted by the amount which represents that party's proportionate share of the following vote: Yeas, 41; Nays, 57; Absent, 0; Excused, 0. claimant's total damages. The liability of each defendant shall be Voting yea: Representatives Alexander, Anderson, Angel, several only and shall not be joint except in the following Armstrong, Bailey, Campbell, Carlyle, Chandler, Condotta, circumstances: Crouse, Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Haler, (a) A party shall be responsible for the fault of another person or Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, for payment of the proportionate share of another party where both Kristiansen, McCune, Nealey, Orcutt, Parker, Pearson, Priest, were acting in concert or when a person was acting as an agent or Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh servant of the party. and Warnick. (b) If the trier of fact determines that the claimant or party Voting nay: Representatives Appleton, Blake, Chase, Clibborn, suffering bodily injury or incurring property damages was not at fault, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Ericks, the defendants against whom judgment is entered shall be jointly and Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, Hudgins, severally liable for the sum of their proportionate shares of the Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, ((claimants)) claimant's total damages, except as otherwise provided Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, Nelson, in RCW 4.20.020, 4.20.046, 4.20.060, and 4.24.010. O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Probst, Quall, (2) If a defendant is jointly and severally liable under one of the Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, exceptions listed in subsections (1)(a) or (1)(b) of this section, such Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, defendant's rights to contribution against another jointly and severally Williams, Wood and Mr. Speaker. liable defendant, and the effect of settlement by either such defendant, shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060. Amendment (1459) to the committee amendment was not (3)(a) Nothing in this section affects any cause of action relating adopted. to hazardous wastes or substances or solid waste disposal sites. (b) Nothing in this section shall affect a cause of action arising Representative Ross moved the adoption of amendment (1460) from the tortious interference with contracts or business relations. to the committee amendment. (c) Nothing in this section shall affect any cause of action arising from the manufacture or marketing of a fungible product in a generic On page 2, after line 2 of the striking amendment, insert the form which contains no clearly identifiable shape, color, or marking." following: Renumber the remaining sections consecutively and correct "(3) In an action under RCW 4.20.010 against a small business as internal references accordingly. defined in RCW 19.85.020 that is based on a parent's significant involvement in an adult child's life, the liability of the small business Representatives Ross, Rodne, Shea, Smith, Ericksen, Shea is several and not joint." (again) and Orcutt spoke in favor of the adoption of the On page 2, after line 36 of the striking amendment, insert the amendment to the committee amendment. following: "(5) In an action under this section against a small business as Representatives Williams and Goodman spoke against the defined in RCW 19.85.020 that is based on a parent's significant adoption of the amendment to the committee amendment. involvement in a child's life, the liability of the small business is several and not joint." An electronic roll call was requested. On page 4, line 8 of the striking amendment, after "death" insert ". The Speaker (Representative Morris presiding) stated the (5) In an action under this section against a small business as question before the House to be the adoption of amendment (1460) defined in RCW 19.85.020 that is based on a parent's significant to the committee amendment to Second Engrossed Substitute involvement in a child's life, the liability of the small business is Senate Bill No. 6508. several and not joint" On page 5, after line 12 of the striking amendment, insert the ROLL CALL following: "(6) In an action under this section against a small business as The Clerk called the roll on the adoption of amendment (1460) defined in RCW 19.85.020 that is based on a parent's significant to the committee amendment to Second Engrossed Substitute involvement in a child's life, the liability of the small business is Senate Bill No. 6508 and the amendment was not adopted by the several and not joint. following vote: Yeas, 41; Nays, 57; Absent, 0; Excused, 0. Sec. 5. RCW 4.22.070 and 1993 c 496 s 1 are each amended to Voting yea: Representatives Alexander, Anderson, Angel, read as follows: Armstrong, Bailey, Campbell, Carlyle, Chandler, Condotta, (1) In all actions involving fault of more than one entity, the trier Crouse, Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Haler, of fact shall determine the percentage of the total fault which is Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, attributable to every entity which caused the claimant's damages Kristiansen, McCune, Nealey, Orcutt, Parker, Pearson, Priest, except entities immune from liability to the claimant under Title 51 Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh RCW. The sum of the percentages of the total fault attributed to at- and Warnick. fault entities shall equal one hundred percent. The entities whose Voting nay: Representatives Appleton, Blake, Chase, Clibborn, fault shall be determined include the claimant or person suffering Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Ericks, personal injury or incurring property damage, defendants, third-party Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, Hudgins, defendants, entities released by the claimant, entities with any other Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, individual defense against the claimant, and entities immune from Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, Nelson, liability to the claimant, but shall not include those entities immune O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Probst, Quall,

FIFTY THIRD DAY, MARCH 4, 2010 31 Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, were acting in concert or when a person was acting as an agent or Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, servant of the party. Williams, Wood and Mr. Speaker. (b) If the trier of fact determines that the claimant or party suffering bodily injury or incurring property damages was not at fault, Amendment (1460) to the committee amendment was not the defendants against whom judgment is entered shall be jointly and adopted. severally liable for the sum of their proportionate shares of the ((claimants)) claimant's total damages, except as otherwise provided Representative Ross moved the adoption of amendment (1461) in RCW 4.20.020, 4.20.046, 4.20.060, and 4.24.010. to the committee amendment. (2) If a defendant is jointly and severally liable under one of the exceptions listed in subsections (1)(a) or (1)(b) of this section, such On page 2, after line 2 of the striking amendment, insert the defendant's rights to contribution against another jointly and severally following: liable defendant, and the effect of settlement by either such defendant, "(3) In an action under RCW 4.20.010 that is based on a parent's shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060. significant involvement in an adult child's life, if a defendant (3)(a) Nothing in this section affects any cause of action relating establishes by a preponderance of the evidence that a violation of to hazardous wastes or substances or solid waste disposal sites. RCW 46.37.530(1)(c) contributed to the decedent's death, the liability (b) Nothing in this section shall affect a cause of action arising of any defendants against whom judgment is entered is several and from the tortious interference with contracts or business relations. not joint." (c) Nothing in this section shall affect any cause of action arising On page 2, after line 36 of the striking amendment, insert the from the manufacture or marketing of a fungible product in a generic following: form which contains no clearly identifiable shape, color, or marking." "(5) In an action under this section that is based on a parent's Renumber the remaining sections consecutively and correct significant involvement in a child's life, if a defendant establishes by a internal references accordingly. preponderance of the evidence that a violation of RCW 46.37.530(1)(c) contributed to the decedent's death, the liability of Representatives Ross and Klippert spoke in favor of the any defendants against whom judgment is entered is several and not adoption of the amendment to the committee amendment. joint." On page 4, line 8 of the striking amendment, after "death" insert Representative Pedersen spoke against the adoption of the ". amendment to the committee amendment. (5) In an action under this section that is based on a parent's significant involvement in a child's life, if a defendant establishes by a An electronic roll call was requested. preponderance of the evidence that a violation of RCW 46.37.530(1)(c) contributed to the decedent's death, the liability of The Speaker (Representative Morris presiding) stated the any defendants against whom judgment is entered is several and not question before the House to be the adoption of amendment 1461) joint" to the committee amendment to Second Engrossed Substitute On page 5, after line 12 of the striking amendment, insert the Senate Bill No. 6508. following: "(6) In an action under this section that is based on a parent's ROLL CALL significant involvement in a child's life, if a defendant establishes by a preponderance of the evidence that a violation of RCW The Clerk called the roll on the adoption of amendment (1461) 46.37.530(1)(c) contributed to the decedent's death, the liability of to the committee amendment to Second Engrossed Substitute any defendants against whom judgment is entered is several and not Senate Bill No. 6508 and the amendment was not adopted by the joint. following vote: Yeas, 39; Nays, 59; Absent, 0; Excused, 0. Sec. 5. RCW 4.22.070 and 1993 c 496 s 1 are each amended to Voting yea: Representatives Alexander, Anderson, Armstrong, read as follows: Bailey, Campbell, Chandler, Condotta, Crouse, Dammeier, (1) In all actions involving fault of more than one entity, the trier DeBolt, Ericksen, Fagan, Finn, Haler, Herrera, Hinkle, Hope, of fact shall determine the percentage of the total fault which is Hurst, Johnson, Klippert, Kretz, Kristiansen, McCune, Miloscia, attributable to every entity which caused the claimant's damages Nealey, Orcutt, Parker, Pearson, Priest, Roach, Rodne, Ross, except entities immune from liability to the claimant under Title 51 Schmick, Shea, Short, Smith, Taylor, Walsh and Warnick. RCW. The sum of the percentages of the total fault attributed to at- Voting nay: Representatives Angel, Appleton, Blake, Carlyle, fault entities shall equal one hundred percent. The entities whose Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Driscoll, fault shall be determined include the claimant or person suffering Dunshee, Eddy, Ericks, Flannigan, Goodman, Green, Haigh, personal injury or incurring property damage, defendants, third-party Hasegawa, Hudgins, Hunt, Hunter, Jacks, Kagi, Kelley, Kenney, defendants, entities released by the claimant, entities with any other Kessler, Kirby, Liias, Linville, Maxwell, McCoy, Moeller, individual defense against the claimant, and entities immune from Morrell, Morris, Nelson, O'Brien, Ormsby, Orwall, Pedersen, liability to the claimant, but shall not include those entities immune Pettigrew, Probst, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, from liability to the claimant under Title 51 RCW. Judgment shall be Simpson, Springer, Sullivan, Takko, Upthegrove, Van De Wege, entered against each defendant except those who have been released Wallace, White, Williams, Wood and Mr. Speaker. by the claimant or are immune from liability to the claimant or have prevailed on any other individual defense against the claimant in an Amendment (1461) to the committee amendment was not amount which represents that party's proportionate share of the adopted. claimant's total damages. The liability of each defendant shall be several only and shall not be joint except in the following Representative Alexander moved the adoption of amendment circumstances: (1464) to the committee amendment. (a) A party shall be responsible for the fault of another person or for payment of the proportionate share of another party where both On page 2, after line 2 of the striking amendment, insert the following:

32 JOURNAL OF THE HOUSE "(3) In an action under RCW 4.20.010 against the state or a Representative Shea moved the adoption of amendment (1467) political subdivision of the state that is based on a parent's significant to the committee amendment. involvement in an adult child's life, a claimant may not recover a judgment in excess of two hundred fifty thousand dollars for On page 2, after line 2 of the striking amendment, insert the noneconomic damages as defined in RCW 4.56.250(1)(a)." following: On page 2, after line 36 of the striking amendment, insert the "(3) In an action under RCW 4.20.010 that is based on a parent's following: significant involvement in an adult child's life, if a defendant "(5) In an action under this section against the state or a political establishes by a preponderance of the evidence that a violation of subdivision of the state that is based on a parent's significant RCW 46.61.687 or 46.61.688 contributed to the decedent's death, the involvement in an adult child's life, a claimant may not recover a liability of any defendants against whom judgment is entered is judgment in excess of two hundred fifty thousand dollars for several and not joint." noneconomic damages as defined in RCW 4.56.250(1)(a)." On page 2, after line 36 of the striking amendment, insert the On page 4, line 8 of the striking amendment, after "death" insert following: ". "(5) In an action under this section that is based on a parent's (5) In an action under this section against the state or a political significant involvement in a child's life, if a defendant establishes by a subdivision of the state that is based on a parent's significant preponderance of the evidence that a violation of RCW 46.61.687 or involvement in an adult child's life, a claimant may not recover a 46.61.688 contributed to the decedent's death, the liability of any judgment in excess of two hundred fifty thousand dollars for defendants against whom judgment is entered is several and not noneconomic damages as defined in RCW 4.56.250(1)(a)" joint." On page 5, after line 12 of the striking amendment, insert the On page 4, line 8 of the striking amendment, after "death" insert following: ". "(6) In an action under this section against the state or a political (5) In an action under this section that is based on a parent's subdivision of the state that is based on a parent's significant significant involvement in a child's life, if a defendant establishes by a involvement in an adult child's life, a claimant may not recover a preponderance of the evidence that a violation of RCW 46.61.687 or judgment in excess of two hundred fifty thousand dollars for 46.61.688 contributed to the decedent's death, the liability of any noneconomic damages as defined in RCW 4.56.250(1)(a)." defendants against whom judgment is entered is several and not joint" On page 5, after line 12 of the striking amendment, insert the Representatives Alexander and Rodne spoke in favor of the following: adoption of the amendment to the committee amendment. "(6) In an action under this section that is based on a parent's significant involvement in a child's life, if a defendant establishes by a Representative Goodman spoke against the adoption of the preponderance of the evidence that a violation of RCW 46.61.687 or amendment to the committee amendment. 46.61.688 contributed to the decedent's death, the liability of any defendants against whom judgment is entered is several and not joint. An electronic roll call was requested. Sec. 5. RCW 4.22.070 and 1993 c 496 s 1 are each amended to read as follows: The Speaker (Representative Morris presiding) stated the (1) In all actions involving fault of more than one entity, the trier question before the House to be the adoption of amendment (1464) of fact shall determine the percentage of the total fault which is to the committee amendment to Second Engrossed Substitute attributable to every entity which caused the claimant's damages Senate Bill No. 6508. except entities immune from liability to the claimant under Title 51 RCW. The sum of the percentages of the total fault attributed to at- ROLL CALL fault entities shall equal one hundred percent. The entities whose fault shall be determined include the claimant or person suffering The Clerk called the roll on the adoption of amendment (1464) personal injury or incurring property damage, defendants, third-party to the committee amendment to Second Engrossed Substitute defendants, entities released by the claimant, entities with any other Senate Bill No. 6508 and the amendment was not adopted by the individual defense against the claimant, and entities immune from following vote: Yeas, 40; Nays, 58; Absent, 0; Excused, 0. liability to the claimant, but shall not include those entities immune Voting yea: Representatives Alexander, Anderson, Angel, from liability to the claimant under Title 51 RCW. Judgment shall be Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, entered against each defendant except those who have been released Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Haler, Herrera, by the claimant or are immune from liability to the claimant or have Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, Kristiansen, prevailed on any other individual defense against the claimant in an McCune, Nealey, Orcutt, Parker, Pearson, Priest, Roach, Rodne, amount which represents that party's proportionate share of the Ross, Schmick, Shea, Short, Smith, Taylor, Walsh and Warnick. claimant's total damages. The liability of each defendant shall be Voting nay: Representatives Appleton, Blake, Carlyle, Chase, several only and shall not be joint except in the following Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, circumstances: Ericks, Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, (a) A party shall be responsible for the fault of another person or Hudgins, Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, for payment of the proportionate share of another party where both Linville, Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, were acting in concert or when a person was acting as an agent or Nelson, O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Probst, servant of the party. Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, (b) If the trier of fact determines that the claimant or party Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, suffering bodily injury or incurring property damages was not at fault, Williams, Wood and Mr. Speaker. the defendants against whom judgment is entered shall be jointly and severally liable for the sum of their proportionate shares of the Amendment (1464) to the committee amendment was not ((claimants)) claimant's total damages, except as otherwise provided adopted. in RCW 4.20.020, 4.20.046, 4.20.060, and 4.24.010. (2) If a defendant is jointly and severally liable under one of the exceptions listed in subsections (1)(a) or (1)(b) of this section, such

FIFTY THIRD DAY, MARCH 4, 2010 33 defendant's rights to contribution against another jointly and severally (7) The requirements of subsection (1) of this section do not liable defendant, and the effect of settlement by either such defendant, apply in any seating position where there is only a lap belt available shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060. and the child weighs more than forty pounds. (3)(a) Nothing in this section affects any cause of action relating (8)(a) Except as provided in (b) of this subsection, a person who to hazardous wastes or substances or solid waste disposal sites. has a current national certification as a child passenger safety (b) Nothing in this section shall affect a cause of action arising technician and who in good faith provides inspection, adjustment, or from the tortious interference with contracts or business relations. educational services regarding child passenger restraint systems is not (c) Nothing in this section shall affect any cause of action arising liable for civil damages resulting from any act or omission in from the manufacture or marketing of a fungible product in a generic providing the services, other than acts or omissions constituting gross form which contains no clearly identifiable shape, color, or marking. negligence or willful or wanton misconduct. Sec. 6. RCW 46.61.687 and 2007 c 510 s 4 are each amended to (b) The immunity provided in this subsection does not apply to a read as follows: certified child passenger safety technician who is employed by a (1) Whenever a child who is less than sixteen years of age is retailer of child passenger restraint systems and who, during his or her being transported in a motor vehicle that is in operation and that is hours of employment and while being compensated, provides required by RCW 46.37.510 to be equipped with a safety belt system inspection, adjustment, or educational services regarding child in a passenger seating position, or is being transported in a passenger restraint systems. neighborhood electric vehicle or medium-speed electric vehicle that is Sec. 7. RCW 46.61.688 and 2009 c 275 s 8 are each amended to in operation, the driver of the vehicle shall keep the child properly read as follows: restrained as follows: (1) For the purposes of this section, "motor vehicle" includes: (a) A child must be restrained in a child restraint system, if the (a) "Buses," meaning motor vehicles with motive power, except passenger seating position equipped with a safety belt system allows trailers, designed to carry more than ten passengers; sufficient space for installation, until the child is eight years old, (b) "Medium-speed electric vehicle" meaning a self-propelled, unless the child is four feet nine inches or taller. The child restraint electrically powered four-wheeled motor vehicle, equipped with a roll system must comply with standards of the United States department cage or crush-proof body design, whose speed attainable in one mile of transportation and must be secured in the vehicle in accordance is more than thirty miles per hour but not more than thirty-five miles with instructions of the vehicle manufacturer and the child restraint per hour and otherwise meets or exceeds the federal regulations set system manufacturer. forth in 49 C.F.R. Sec. 571.500; (b) A child who is eight years of age or older or four feet nine (c) "Motorcycle," meaning a three-wheeled motor vehicle that is inches or taller shall be properly restrained with the motor vehicle's designed (i) so that the driver rides on a seat in a partially or safety belt properly adjusted and fastened around the child's body or completely enclosed seating area that is equipped with safety belts an appropriately fitting child restraint system. and (ii) to be steered with a steering wheel; (c) The driver of a vehicle transporting a child who is under (d) "Multipurpose passenger vehicles," meaning motor vehicles thirteen years old shall transport the child in the back seat positions in with motive power, except trailers, designed to carry ten persons or the vehicle where it is practical to do so. less that are constructed either on a truck chassis or with special (2) Enforcement of subsection (1) of this section is subject to a features for occasional off-road operation; visual inspection by law enforcement to determine if the child (e) "Neighborhood electric vehicle," meaning a self-propelled, restraint system in use is appropriate for the child's individual height, electrically powered four-wheeled motor vehicle whose speed weight, and age. The visual inspection for usage of a child restraint attainable in one mile is more than twenty miles per hour and not system must ensure that the child restraint system is being used in more than twenty-five miles per hour and conforms to federal accordance with the instruction of the vehicle and the child restraint regulations under 49 C.F.R. Sec. 571.500; system manufacturers. The driver of a vehicle transporting a child (f) "Passenger cars," meaning motor vehicles with motive power, who is under thirteen years old shall transport the child in the back except multipurpose passenger vehicles, motorcycles, or trailers, seat positions in the vehicle where it is practical to do so. designed for carrying ten passengers or less; and (3) A person violating subsection (1) of this section may be (g) "Trucks," meaning motor vehicles with motive power, except issued a notice of traffic infraction under chapter 46.63 RCW. If the trailers, designed primarily for the transportation of property. person to whom the notice was issued presents proof of acquisition of (2)(a) This section only applies to: an approved child passenger restraint system or a child booster seat, (i) Motor vehicles that meet the manual seat belt safety standards as appropriate, within seven days to the jurisdiction issuing the notice as set forth in 49 C.F.R. Sec. 571.208; and the person has not previously had a violation of this section (ii) Motorcycles, when equipped with safety belts that meet the dismissed, the jurisdiction shall dismiss the notice of traffic infraction. standards set forth in 49 C.F.R. Part 571; and (4) Except as provided in RCW 4.20.020, 4.20.046, 4.20.060, and (iii) Neighborhood electric vehicles and medium-speed electric 4.24.010, failure to comply with the requirements of this section shall vehicles that meet the seat belt standards as set forth in 49 C.F.R. Sec. not constitute negligence by a parent or legal guardian((.)), and failure 571.500. to use a child restraint system shall not be admissible as evidence of (b) This section does not apply to a vehicle occupant for whom negligence in any civil action. no safety belt is available when all designated seating positions as (5) This section does not apply to: (a) For hire vehicles, (b) required under 49 C.F.R. Part 571 are occupied. vehicles designed to transport sixteen or less passengers, including the (3) Every person sixteen years of age or older operating or riding driver, operated by auto transportation companies, as defined in RCW in a motor vehicle shall wear the safety belt assembly in a properly 81.68.010, (c) vehicles providing customer shuttle service between adjusted and securely fastened manner. parking, convention, and hotel facilities, and airport terminals, and (d) (4) No person may operate a motor vehicle unless all child school buses. passengers under the age of sixteen years are either: (a) Wearing a (6) As used in this section, "child restraint system" means a child safety belt assembly or (b) are securely fastened into an approved passenger restraint system that meets the Federal Motor Vehicle child restraint device. Safety Standards set forth in 49 C.F.R. 571.213. (5) A person violating this section shall be issued a notice of traffic infraction under chapter 46.63 RCW. A finding that a person has committed a traffic infraction under this section shall be contained

34 JOURNAL OF THE HOUSE in the driver's abstract but shall not be available to insurance On page 2, after line 36 of the striking amendment, insert the companies or employers. following: (6) Except as provided in RCW 4.20.020, 4.20.046, 4.20.060, and "(5) In an action under this section against the state or a political 4.24.010, failure to comply with the requirements of this section does subdivision of the state that is based on a parent's significant not constitute negligence, nor may failure to wear a safety belt involvement in a child's life, the liability of the state or political assembly be admissible as evidence of negligence in any civil action. subdivision is several and not joint." (7) This section does not apply to an operator or passenger who On page 4, line 8 of the striking amendment, after "death" insert possesses written verification from a licensed physician that the ". operator or passenger is unable to wear a safety belt for physical or (5) In an action under this section against the state or a political medical reasons. subdivision of the state that is based on a parent's significant (8) The state patrol may adopt rules exempting operators or involvement in a child's life, the liability of the state or political occupants of farm vehicles, construction equipment, and vehicles that subdivision is several and not joint" are required to make frequent stops from the requirement of wearing On page 5, after line 12 of the striking amendment, insert the safety belts." following: Renumber the remaining sections consecutively and correct "(6) In an action under this section against the state or a political internal references accordingly. subdivision of the state that is based on a parent's significant involvement in a child's life, the liability of the state or political Representative Shea and Shea (again) spoke in favor of the subdivision is several and not joint. adoption of the amendment to the committee amendment. Sec. 5. RCW 4.22.070 and 1993 c 496 s 1 are each amended to read as follows: Representative Williams spoke against the adoption of the (1) In all actions involving fault of more than one entity, the trier amendment to the committee amendment. of fact shall determine the percentage of the total fault which is attributable to every entity which caused the claimant's damages An electronic roll call was requested. except entities immune from liability to the claimant under Title 51 RCW. The sum of the percentages of the total fault attributed to at- The Speaker (Representative Morris presiding) stated the fault entities shall equal one hundred percent. The entities whose question before the House to be the adoption of amendment (1467) fault shall be determined include the claimant or person suffering to the committee amendment to Second Engrossed Substitute personal injury or incurring property damage, defendants, third-party Senate Bill No. 6508. defendants, entities released by the claimant, entities with any other individual defense against the claimant, and entities immune from ROLL CALL liability to the claimant, but shall not include those entities immune from liability to the claimant under Title 51 RCW. Judgment shall be The Clerk called the roll on the adoption of amendment (1467) entered against each defendant except those who have been released to the committee amendment to Second Engrossed Substitute by the claimant or are immune from liability to the claimant or have Senate Bill No. 6508 and the amendment was not adopted by the prevailed on any other individual defense against the claimant in an following vote: Yeas, 41; Nays, 57; Absent, 0; Excused, 0. amount which represents that party's proportionate share of the Voting yea: Representatives Alexander, Anderson, Angel, claimant's total damages. The liability of each defendant shall be Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, several only and shall not be joint except in the following Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Haler, Herrera, circumstances: Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, Kristiansen, (a) A party shall be responsible for the fault of another person or McCune, Miloscia, Nealey, Orcutt, Parker, Pearson, Priest, Roach, for payment of the proportionate share of another party where both Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh and were acting in concert or when a person was acting as an agent or Warnick. servant of the party. Voting nay: Representatives Appleton, Blake, Carlyle, Chase, (b) If the trier of fact determines that the claimant or party Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, suffering bodily injury or incurring property damages was not at fault, Ericks, Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, the defendants against whom judgment is entered shall be jointly and Hudgins, Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, severally liable for the sum of their proportionate shares of the Linville, Maxwell, McCoy, Moeller, Morrell, Morris, Nelson, ((claimants)) claimant's total damages, except as otherwise provided O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Probst, Quall, in RCW 4.20.020, 4.20.046, 4.20.060, and 4.24.010. Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, (2) If a defendant is jointly and severally liable under one of the Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, exceptions listed in subsections (1)(a) or (1)(b) of this section, such Williams, Wood and Mr. Speaker. defendant's rights to contribution against another jointly and severally liable defendant, and the effect of settlement by either such defendant, Amendment (1467) to the committee amendment was not shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060. adopted. (3)(a) Nothing in this section affects any cause of action relating to hazardous wastes or substances or solid waste disposal sites. Representative Ross moved the adoption of amendment (1474) (b) Nothing in this section shall affect a cause of action arising to the committee amendment. from the tortious interference with contracts or business relations. (c) Nothing in this section shall affect any cause of action arising On page 2, after line 2 of the striking amendment, insert the from the manufacture or marketing of a fungible product in a generic following: form which contains no clearly identifiable shape, color, or marking." "(3) In an action under RCW 4.20.010 against the state or a Renumber the remaining sections consecutively and correct political subdivision of the state that is based on a parent's significant internal references accordingly. involvement in an adult child's life, the liability of the state or political subdivision is several and not joint."

FIFTY THIRD DAY, MARCH 4, 2010 35 Representatives Ross, Shea, Ross (again) and Orcutt spoke in favor of the adoption of the amendment to the committee The Speaker (Representative Morris presiding) stated the amendment. question before the House to be the adoption of amendment (1490) to the committee amendment to Second Engrossed Substitute Representative Williams spoke against the adoption of the Senate Bill No. 6508. amendment to the committee amendment. ROLL CALL An electronic roll call was requested. The Clerk called the roll on the adoption of amendment (1490) The Speaker (Representative Morris presiding) stated the to the committee amendment to Second Engrossed Substitute question before the House to be the adoption of amendment (1474) Senate Bill No. 6508 and the amendment was adopted by the to the committee amendment to Second Engrossed Substitute following vote: Yeas, 94; Nays, 4; Absent, 0; Excused, 0. Senate Bill No. 6508. Voting yea: Representatives Alexander, Anderson, Angel, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, ROLL CALL Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, The Clerk called the roll on the adoption of amendment (1474) Fagan, Finn, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, to Second Engrossed Substitute Senate Bill No. 6508 and the Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, amendment was not adopted by the following vote: Yeas, 42; Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Nays, 56; Absent, 0; Excused, 0. Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Voting yea: Representatives Alexander, Anderson, Angel, Morris, Nealey, Nelson, O'Brien, Orcutt, Ormsby, Orwall, Parker, Armstrong, Bailey, Campbell, Carlyle, Chandler, Condotta, Pearson, Pedersen, Priest, Probst, Quall, Roach, Roberts, Rodne, Crouse, Dammeier, DeBolt, Driscoll, Eddy, Ericksen, Fagan, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Haler, Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Simpson, Smith, Springer, Sullivan, Takko, Taylor, Upthegrove, Kretz, Kristiansen, McCune, Nealey, Orcutt, Parker, Pearson, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood Priest, Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, and Mr. Speaker. Walsh and Warnick. Voting nay: Representatives Appleton, Flannigan, Liias and Voting nay: Representatives Appleton, Blake, Chase, Clibborn, Pettigrew. Cody, Conway, Darneille, Dickerson, Dunshee, Ericks, Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, Hudgins, Hunt, Amendment (1490) to the committee amendment was adopted. Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, Nelson, There being no objection, House Rule 13 (C) was suspended O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Probst, Quall, allowing the House to work past 10:00 p.m. Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, Representative Priest moved the adoption of amendment Williams, Wood and Mr. Speaker. (1483) to the committee amendment.

Amendment (1474) to the committee amendment was not On page 5, after line 12 of the striking amendment, insert the adopted. following: "NEW SECTION. Sec. 5. A new section is added to chapter Representative Shea moved the adoption of amendment (1490) 4.20 RCW to read as follows: to the committee amendment. The definitions in this section apply throughout sections 6 through 11 of this act unless the context clearly requires otherwise. On page 2, line 2 of the striking amendment, after "death." insert (1) "Allegedly responsible party" means a person or entity alleged "When determining if the parents have had significant involvement in by the claimant to be responsible for damages in an action under the adult child's life, the court shall consider, but not be limited to, RCW 4.20.010, 4.20.020, 4.20.046, or 4.20.060, that is based on a objective evidence of personal, verbal, written, or electronic contact parent's significant involvement in a child's life. with the adult child, and in-person interaction with the adult child (2) "Amount recovered" means the total compensation, including during holidays, birthdays, and other events." the reasonable value of nonmonetary compensation, that an attorney On page 4, line 8 of the striking amendment, after "death" insert has obtained on behalf of a claimant through settlement, arbitration, ". When determining if the parents have had significant involvement or judgment, minus the reasonable costs and expenses incurred by the in the child's life, the court shall consider, but not be limited to, attorney in prosecuting or settling the claim. objective evidence of personal, verbal, written, or electronic contact (3) "Claimant" means any natural person who, in his or her own with the child, and in-person interaction with the child during right, or vicariously, is seeking compensation in connection with a holidays, birthdays, and other events" claim under RCW 4.20.010, 4.20.020, 4.20.046, or 4.20.060, that is On page 5, line 12 of the striking amendment, after "death." insert based on a parent's significant involvement in a child's life. "When determining if the parents have had significant involvement in (4) "Collateral source" means compensation or benefits paid or the child's life, the court shall consider, but not be limited to, objective payable to the claimant or on the claimant's behalf, to compensate the evidence of personal, verbal, written, or electronic contact with the claimant for the injury complained of, regardless of the right of child, and in-person interaction with the child during holidays, recoupment of any other entity, through subrogation, trust agreement, birthdays, and other events." lien, or otherwise. (5) "Contingent fee" means compensation, however calculated, Representatives Shea and Pedersen spoke in favor of the that is payable only if an amount is recovered. adoption of the amendment to the committee amendment. (6) "Early settlement offer" means a settlement offer made in accordance with section 6 of this act. An electronic roll call was requested.

36 JOURNAL OF THE HOUSE (7) "Economic damages" has the meaning provided in RCW (c) The names and, if known, the addresses and telephone 4.56.250. numbers of all known witnesses to the injury or loss; (8) "Entity" includes an individual or person. (d) Copies of photographs in the claimant's possession which (9) "Noneconomic damages" has the meaning provided in RCW relate to the injury or loss; 4.56.250. (e) The basis for claiming that the party to whom the demand is NEW SECTION. Sec. 6. A new section is added to chapter 4.20 addressed is responsible or partially responsible for the injury or loss; RCW to read as follows: (f) A description of the nature of the injury or loss, including the (1) In any civil action for damages brought under RCW 4.20.010, dates and nature of the care or services provided, and the names and 4.20.020, 4.20.046, or 4.20.060, that is based on a parent's significant addresses of all physicians and other health care providers that involvement in a child's life, an allegedly responsible party may make provided medical care or services to the claimant or injured party; an early settlement offer at any time prior to one hundred twenty days (g) Medical records relating to the injury, including those after the claim is filed with a court. To qualify as an early settlement involving a prior injury or preexisting medical condition which would offer, the offer must include a good faith offer to compensate the be discoverable by the allegedly responsible party during the course claimant for the claimant's current and future economic damages of litigation or, in lieu thereof, executed releases authorizing the suffered as a result of the allegedly responsible party's act or allegedly responsible party to obtain the records directly from those omission, less collateral source benefits available to the claimant, and health care providers who provided treatment to the claimant; and for reasonable hourly attorneys' fees for the claimant. The early (h) Documentation of any medical expenses, lost wages, personal settlement offer must be in writing and communicated to the claimant losses, and other economic and noneconomic damages suffered as a by certified mail. The offer must remain open for acceptance for a consequence of the injury or loss. minimum of thirty days from the date the offer is received by the (2) The attorney shall mail copies of each demand to the claimant claimant. and to each allegedly responsible party. (2) An allegedly responsible party may amend or issue an (3) A claimant's attorney who learns of an additional allegedly additional early settlement offer prior to one hundred twenty days responsible party after making a demand for compensation under after the action is commenced. The claimant may extend the time for subsection (1) of this section shall send a demand for compensation to receiving the offer beyond this period. the newly discovered allegedly responsible party and simultaneously (3) An attorney who receives an early settlement offer shall mail a copy of the demand to each of the other allegedly responsible provide a true and complete copy of the offer to his or her client. parties and to the claimant. (4) A claimant who agrees in writing to an early settlement offer (4) In the event that a claimant's attorney learns of an additional may not bring or continue a civil action, based on the same alleged allegedly responsible party more than ninety days after making a negligence, against the allegedly responsible party who made the demand for compensation under subsection (1) of this section, the early settlement offer or any other allegedly responsible parties who attorney shall not be required to send a demand to that party nor do joined in the early settlement offer under subsection (5) of this the fee limitations imposed under section 510 (1) and (2) of this act section. apply with regard to an amount recovered from that party, except as (5) An offer under subsection (1) of this section may include provided by this subsection. An attorney who fails as a result of a other allegedly responsible parties who were involved in the events breach of the standard of care to learn of an additional allegedly that gave rise to the civil action, regardless of the theory of liability on responsible party within ninety days of sending a demand for which the claim is based, with their consent. If, after an early compensation to another allegedly responsible party shall not collect a settlement offer is made and accepted, the participants in the offer fee in excess of that allowed under section 9 of this act with respect to dispute their relative contributions to the payments to be made to the an amount recovered from the additional allegedly responsible party. claimant, such disputes shall be resolved through binding arbitration NEW SECTION. Sec. 8. A new section is added to chapter 4.20 in accordance with chapter 7.04 RCW. RCW to read as follows: (6) The claimant may reject an offer of compensation made under An allegedly responsible party is under no obligation to issue a subsection (1) of this section and elect to bring or maintain a civil response to a demand for compensation made under section 7 of this action for damages. Upon rejection of an offer of compensation that act. The fact that a demand for compensation was or was not made, complies with the requirements of subsection (1) of this section, the the fact that an early settlement offer was or was not made, and the claimant may recover damages in the civil action only if the claimant amount of any demand or settlement offer made are inadmissible at a proves by clear and convincing evidence that the allegedly trial arising from the injury or loss. responsible party caused the injury by reckless, willful, or wanton NEW SECTION. Sec. 9. A new section is added to chapter 4.20 conduct. RCW to read as follows: NEW SECTION. Sec. 7. A new section is added to chapter 4.20 (1) An attorney who represents a claimant who has accepted an RCW to read as follows: early settlement offer under section 6 of this act shall not collect an (1) An attorney who represents a person in an action under RCW amount as compensation for the attorney's services that is more than 4.20.010, 4.20.020, 4.20.046, or 4.20.060, that is based on a parent's the attorney's reasonable hourly fees for the services performed. significant involvement in a child's life, and who represents the (2) An attorney who represents a claimant who has rejected or person on a contingent-fee basis, shall send a demand for failed to accept an early settlement offer shall not collect a contingent compensation by certified mail to each allegedly responsible party fee that is greater than twenty percent of the amount of the early prior to commencing a court action. In the event that multiple settlement offer plus the percentage of the amount recovered in excess allegedly responsible parties are known to the attorney, a demand of the early settlement offer as was agreed to by the claimant and the must be sent on the same date to each party. The demand must attorney. specify the amount of compensation sought and must set forth the (3) A claimant's attorney who has failed to make a demand for material facts, documentary evidence, and other information relevant compensation under section 7 of this act, or who has omitted from the to the demand, including: demand any information required under section 7 of this act of a (a) The name and address of the claimant or of the person on material nature which the attorney had in his or her possession, or whose behalf the claim is being made; which was readily available to him or her, or of which the attorney (b) A brief description of how the injury or loss occurred; had knowledge, shall not collect a contingent fee greater than twenty percent of the amount recovered.

FIFTY THIRD DAY, MARCH 4, 2010 37 (4) A claimant's attorney who has failed to provide his or her client a true and complete copy of an early settlement offer received The Clerk called the roll on the adoption of amendment (1483) by the attorney, as required under section 6 of this act, shall not to the committee amendment to Second Engrossed Substitute collect a contingent fee greater than twenty percent of the amount Senate Bill No. 6508 and the amendment was not adopted by the recovered. following vote: Yeas, 40; Nays, 58; Absent, 0; Excused, 0. (5) An attorney shall disclose, plainly and in writing, to claimants Voting yea: Representatives Alexander, Anderson, Angel, whom the attorney proposes to represent on a contingent-fee basis: Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, (a) The fee limitations imposed by this section; and (b) the fact that Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Haler, Herrera, such limitations are maximum limits and that the attorney and Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, Kristiansen, claimant may negotiate a lower fee. McCune, Nealey, Orcutt, Parker, Pearson, Priest, Roach, Rodne, The attorney shall also provide to each claimant a copy of Ross, Schmick, Shea, Short, Smith, Taylor, Walsh and Warnick. sections 5 through 11 of this act. Voting nay: Representatives Appleton, Blake, Carlyle, Chase, (6) The fee limitations imposed by this section may not be Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, waived. Ericks, Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, (7) This section applies to all attorneys practicing in this state, Hudgins, Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, including attorneys prosecuting claims filed in federal court, to the Linville, Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, maximum extent permitted by federal law. Nelson, O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Probst, NEW SECTION. Sec. 10. A new section is added to chapter Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, 4.20 RCW to read as follows: Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, A fiduciary relationship applies with respect to a fee agreement Williams, Wood and Mr. Speaker. between an attorney and a claimant in an action under RCW 4.20.010, 4.20.020, 4.20.046, or 4.20.060, that is based on a Amendment (1483) to the committee amendment was not parent's significant involvement in a child's life. adopted. NEW SECTION. Sec. 11. A new section is added to chapter 4.20 RCW to read as follows: Representative Ericks moved the adoption of amendment (1) The court shall, in any action under RCW 4.20.010, (1496) to the committee amendment. 4.20.020, 4.20.046, or 4.20.060, that is based on a parent's significant involvement in a child's life, determine the On page 14 of the striking amendment, beginning on line 21, reasonableness of each party's attorneys fees. The court shall take strike all of section 10 into consideration the following: (a) The time and labor required, the novelty and difficulty of Renumber remaining sections consecutively and correct title the questions involved, and the skill requisite to perform the legal and internal references accordingly. service properly; (b) The likelihood, if apparent to the client, that the acceptance of Representative Ericks spoke in favor of the adoption of the the particular employment will preclude other employment by the amendment to the committee amendment. lawyer; (c) The fee customarily charged in the locality for similar legal Representatives Rodne, Ross and Priest spoke against the services; adoption of the amendment to the committee amendment. (d) The amount involved and the results obtained; (e) The time limitations imposed by the client or by the An electronic roll call was requested. circumstances; (f) The nature and length of the professional relationship with the The Speaker (Representative Morris presiding) stated the client; question before the House to be the adoption of amendment (1496) (g) The experience, reputation, and ability of the lawyer or to the committee amendment to Second Engrossed Substitute lawyers performing the services; Senate Bill No. 6508. (h) Whether the fee is fixed or contingent. (2) An attorney's contingency fee is limited to the maximum ROLL CALL permissible fee allowed under section 9 of this act." Renumber the remaining sections consecutively and correct The Clerk called the roll on the adoption of amendment (1496) internal references accordingly. to the committee amendment to Second Engrossed Substitute Senate Bill No. 6508 and the amendment was adopted by the Representatives Priest, Priest (again), Ross and Rodne spoke in following vote: Yeas, 58; Nays, 40; Absent, 0; Excused, 0. favor of the adoption of the amendment to the committee Voting yea: Representatives Appleton, Blake, Carlyle, Chase, amendment. Clibborn, Cody, Conway, Darneille, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Finn, Flannigan, Goodman, Green, Haigh, Representatives Williams and Simpson spoke against the Hasegawa, Hudgins, Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, adoption of the amendment to the committee amendment. Kirby, Linville, Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, An electronic roll call was requested. Probst, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, The Speaker (Representative Morris presiding) stated the White, Williams, Wood and Mr. Speaker. question before the House to be the adoption of amendment (1483) Voting nay: Representatives Alexander, Anderson, Angel, to the committee amendment to Second Engrossed Substitute Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, Senate Bill No. 6508. Dammeier, DeBolt, Ericksen, Fagan, Haler, Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, Kristiansen, Liias, ROLL CALL

38 JOURNAL OF THE HOUSE McCune, Nealey, Orcutt, Parker, Pearson, Priest, Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh and Warnick. Representative Priest spoke in favor of the adoption of the amendment to the committee amendment. Amendment (1496) to the committee amendment was adopted. Representative Ericks spoke against the adoption of the Representative Rodne moved the adoption of amendment amendment to the committee amendment. (1465) to the committee amendment. An electronic roll call was requested. On page 14, at the beginning of line 26 of the striking amendment, strike all material through "2011" and insert "that are The Speaker (Representative Morris presiding) stated the based on deaths occurring on or after the effective date of this act" question before the House to be the adoption of amendment (1456) to the committee amendment to Second Engrossed Substitute Representatives Rodne and Pederson spoke in favor of the Senate Bill No. 6508. adoption of the amendment to the committee amendment. ROLL CALL An electronic roll call was requested. The Clerk called the roll on the adoption of amendment (1456) The Speaker (Representative Morris presiding) stated the to the committee amendment to Second Engrossed Substitute question before the House to be the adoption of amendment (1465) Senate Bill No. 6508 and the amendment was not adopted by the to the committee amendment to Second Engrossed Substitute following vote: Yeas, 38; Nays, 60; Absent, 0; Excused, 0. Senate Bill No. 6508. Voting yea: Representatives Alexander, Anderson, Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, Dammeier, ROLL CALL DeBolt, Driscoll, Ericksen, Fagan, Haler, Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, McCune, Miloscia, Orcutt, The Clerk called the roll on the adoption of amendment (1465) Parker, Pearson, Priest, Roach, Rodne, Ross, Schmick, Shea, to the committee amendment to Second Engrossed Substitute Short, Smith, Taylor, Walsh and Warnick. Senate Bill No. 6508 and the amendment was adopted by the Voting nay: Representatives Angel, Appleton, Blake, Carlyle, following vote: Yeas, 98; Nays, 0; Absent, 0; Excused, 0. Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Voting yea: Representatives Alexander, Anderson, Angel, Eddy, Ericks, Finn, Flannigan, Goodman, Green, Haigh, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Hasegawa, Hudgins, Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Dammeier, Kirby, Kristiansen, Liias, Linville, Maxwell, McCoy, Moeller, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Morrell, Morris, Nealey, Nelson, O'Brien, Ormsby, Orwall, Ericksen, Fagan, Finn, Flannigan, Goodman, Green, Haigh, Haler, Pedersen, Pettigrew, Probst, Quall, Roberts, Rolfes, Santos, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Seaquist, Sells, Simpson, Springer, Sullivan, Takko, Upthegrove, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Van De Wege, Wallace, White, Williams, Wood and Mr. Speaker. Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nealey, Nelson, O'Brien, Amendment (1456) to the committee amendment was not Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, adopted. Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Simpson, Smith, Springer, Representative Priest moved the adoption of amendment Sullivan, Takko, Taylor, Upthegrove, Van De Wege, Wallace, (1463) to the committee amendment. Walsh, Warnick, White, Williams, Wood and Mr. Speaker. On page 15, after line 4 of the striking amendment, insert the Amendment (1465) to the committee amendment was adopted. following: "NEW SECTION. Sec. 13. If specific funding for the purposes Representative Priest moved the adoption of amendment of this act, referencing this act by bill or chapter number, is not (1456) to the committee amendment. provided by June 30, 2010, in the omnibus appropriations act, this act is null and void." On page 15, after line 4 of the striking amendment, insert the Renumber the remaining section consecutively. following: "NEW SECTION. Sec. 13. A new section is added to 2009 c Representative Priest spoke in favor of the adoption of the 564 (uncodified) to read as follows: amendment to the committee amendment. FOR THE OFFICE OF FINANCIAL MANAGEMENT-- LIABILITY ACCOUNT Representative Ericks spoke against the adoption of the General Fund--State Appropriation (FY 2010) . . . . $2,280,000 amendment to the committee amendment. General Fund--State Appropriation (FY 2011) . . . . $2,280,000 TOTAL APPROPRIATION ...... $4,560,000 An electronic roll call was requested. The appropriations in this section are subject to the following conditions and limitations: The appropriations are provided solely for The Speaker (Representative Morris presiding) stated the expenditure into the liability account under RCW 4.92.130 for question before the House to be the adoption of amendment (1463) indemnity and defense costs attributable to Second Engrossed to the committee amendment to Second Engrossed Substitute Substitute Senate Bill No. 6508 (wrongful death). If the bill is not Senate Bill No. 6508. enacted by June 30, 2010, the amounts provided in this section shall lapse." ROLL CALL Renumber remaining sections consecutively and correct title and internal references accordingly.

FIFTY THIRD DAY, MARCH 4, 2010 39 The Clerk called the roll on the adoption of amendment (1463) Voting nay: Representatives Alexander, Anderson, Angel, to the committee amendment to Second Engrossed Substitute Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, Senate Bill No. 6508 and the amendment was not adopted by the Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Haler, Herrera, following vote: Yeas, 42; Nays, 56; Absent, 0; Excused, 0. Hinkle, Hope, Johnson, Klippert, Kretz, Kristiansen, McCune, Voting yea: Representatives Alexander, Anderson, Angel, Nealey, O'Brien, Orcutt, Parker, Pearson, Priest, Roach, Rodne, Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh, Warnick and Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Green, Haler, Wood. Herrera, Hinkle, Hope, Hurst, Johnson, Kelley, Klippert, Kretz, Kristiansen, McCune, Nealey, Orcutt, Parker, Pearson, Priest, SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. Roach, Rodne, Rolfes, Ross, Schmick, Shea, Short, Smith, Taylor, 6508, as amended by the House, having received the necessary Walsh and Warnick. constitutional majority, was declared passed. Voting nay: Representatives Appleton, Blake, Carlyle, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, RECONSIDERATION Ericks, Finn, Flannigan, Goodman, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, There being no objection, the House immediately reconsidered Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, Nelson, the vote by which SUBSTITUTE HOUSE BILL NO. 2488 passed O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Probst, Quall, the House. Roberts, Santos, Seaquist, Sells, Simpson, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, Williams, The Speaker (Representative Morris presiding) stated the Wood and Mr. Speaker. question before the House to be the final passage of Substitute House Bill No. 2488, on reconsideration. Amendment (1463) to the committee amendment was not adopted. ROLL CALL

The Speaker (Representative Morris presiding) stated the The Clerk called the roll on final passage of Substitute House question before the House to be the adoption of the committee Bill No. 2488, on reconsideration, and the bill passed the House by amendment as amended. the following vote: Yeas, 59; Nays, 39; Absent, 0; Excused, 0. Voting yea: Representatives Anderson, Appleton, Blake, Division was demanded and the demand was sustained. The Carlyle, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Speaker (Representative Morris presiding) divided the House. The Dunshee, Eddy, Ericks, Finn, Flannigan, Goodman, Haigh, result was 60 - YEAS; 38 - NAYS. Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, Maxwell, McCoy, Miloscia, The committee amendment by the Committee on Ways & Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Orwall, Means was adopted as amended. Pedersen, Pettigrew, Quall, Roberts, Rodne, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, Sullivan, Takko, Upthegrove, There being no objection, the rules were suspended, the second Van De Wege, Wallace, White, Williams, Wood and Mr. Speaker. reading considered the third and the bill was placed on final Voting nay: Representatives Alexander, Angel, Armstrong, passage. Bailey, Campbell, Chandler, Condotta, Crouse, Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Green, Haler, Herrera, Hinkle, Representatives Ormsby, Santos, Seaquist, Eddy, Kirby and Hope, Johnson, Kelley, Klippert, Kretz, Kristiansen, McCune, Liias spoke in favor of the passage of the bill. Nealey, Orcutt, Parker, Pearson, Priest, Probst, Roach, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh and Warnick. Representatives Rodne, Shea, Warnick, Hinkle, Dammeier, Nealey, Johnson and Ross spoke against the passage of the bill. SUBSTITUTE HOUSE BILL NO. 2488, on reconsideration, The Speaker (Representative Morris presiding) stated the having received the necessary constitutional majority, was declared question before the House to be the final passage of Second passed. Engrossed Substitute Senate Bill No. 6508, as amended by the House. There being no objection, the Committee on Rules was relieved of the following bills and the bills were placed on the ROLL CALL second reading calendar:

The Clerk called the roll on the final passage of Second SUBSTITUTE SENATE BILL NO. 6706 Engrossed Substitute Senate Bill No. 6508, as amended by the SUBSTITUTE SENATE BILL NO. 6361 House, and the bill passed the House by the following vote: Yeas, ENGROSSED SUBSTITUTE SENATE BILL NO. 6424 58; Nays, 40; Absent, 0; Excused, 0. Voting yea: Representatives Appleton, Blake, Carlyle, Chase, There being no objection, the House advanced to the eleventh Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, order of business. Ericks, Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jacks, Kagi, Kelley, Kenney, There being no objection, the House adjourned until 10:00 Kessler, Kirby, Liias, Linville, Maxwell, McCoy, Miloscia, a.m., March 5, 2010, the 54th Day of the Regular Session. Moeller, Morrell, Morris, Nelson, Ormsby, Orwall, Pedersen, Pettigrew, Probst, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, FRANK CHOPP, Speaker Simpson, Springer, Sullivan, Takko, Upthegrove, Van De Wege, BARBARA BAKER, Chief Clerk Wallace, White, Williams and Mr. Speaker.

40 JOURNAL OF THE HOUSE

FIFTY THIRD DAY, MARCH 4, 2010 41 1080 SpeakerSigned ...... 23 1418-S2 Messages ...... 25 1541 SpeakerSigned ...... 23 Messages ...... 2 1545-S Messages ...... 25 1560-S2 SpeakerSigned ...... 23 Messages ...... 2 1576 Messages ...... 25 1591-S2 SpeakerSigned ...... 23 Messages ...... 2 1653 SpeakerSigned ...... 23 1876 SpeakerSigned ...... 23 1913-S SpeakerSigned ...... 23 2226-S SpeakerSigned ...... 23 2396-S2 SpeakerSigned ...... 23 2399-S SpeakerSigned ...... 23 2419 SpeakerSigned ...... 23 Messages ...... 2 2422-S Messages ...... 25 2428 Messages ...... 25 2429-S Messages ...... 25 2430-S SpeakerSigned ...... 23 2465 SpeakerSigned ...... 23 2487-S SpeakerSigned ...... 23 2488 Second Reading ...... 2 2488-S Second Reading ...... 2 Third Reading Final Passage ...... 2 Other Action ...... 38 2488-SThird Reading Final Passage ...... 38 2490 SpeakerSigned ...... 23 2496-S Messages ...... 25 2510 SpeakerSigned ...... 23 2515-S SpeakerSigned ...... 23 2521 SpeakerSigned ...... 23 2555-S SpeakerSigned ...... 23 2560-S SpeakerSigned ...... 23 2575

42 JOURNAL OF THE HOUSE Messages ...... 25 2585-S SpeakerSigned ...... 23 2592 Messages ...... 25 2598 SpeakerSigned ...... 23 2608 SpeakerSigned ...... 23 2620-S Messages ...... 25 2649-S SpeakerSigned ...... 23 Messages ...... 2 2651-S SpeakerSigned ...... 23 2661-S SpeakerSigned ...... 23 2667 SpeakerSigned ...... 23 2678-S Messages ...... 25 2684-S Messages ...... 25 2704-S SpeakerSigned ...... 23 2740 SpeakerSigned ...... 23 Messages ...... 2 2789-S SpeakerSigned ...... 23 2828-S SpeakerSigned ...... 23 2830 SpeakerSigned ...... 23 Messages ...... 2 2831 SpeakerSigned ...... 23 Messages ...... 2 2842-S SpeakerSigned ...... 23 2858 SpeakerSigned ...... 23 2861 SpeakerSigned ...... 24 2913-S SpeakerSigned ...... 24 Messages ...... 2 2962-S SpeakerSigned ...... 24 Messages ...... 2 2996 SpeakerSigned ...... 24 3032-S SpeakerSigned ...... 24 3066-S SpeakerSigned ...... 24 3132 Second Reading ...... 3 3132-S Second Reading ...... 3 Amendment Offered ...... 3 Third Reading Final Passage ...... 3 3145-S Messages ...... 25 3182

FIFTY THIRD DAY, MARCH 4, 2010 43 Second Reading ...... 3 3182-S Second Reading ...... 4 Amendment Offered ...... 4 Third Reading Final Passage ...... 4 3209 Committee Report ...... 23 Other Action ...... 23 4004-S SpeakerSigned ...... 24 4692 Ann Daley Introduced ...... 1 Adopted ...... 1 4694 Apolo Ohno and J.R. Celski Introduced ...... 1 Adopted ...... 1 5041 SpeakerSigned ...... 24 5046-S SpeakerSigned ...... 24 5516 SpeakerSigned ...... 24 5582 SpeakerSigned ...... 24 5617 SpeakerSigned ...... 24 6197-S SpeakerSigned ...... 24 6209 President Signed ...... 24 6211-S SpeakerSigned ...... 24 6213-S SpeakerSigned ...... 24 6218 Second Reading ...... 23 Third Reading Final Passage ...... 23 6219 Second Reading ...... 22 Third Reading Final Passage ...... 22 6227 SpeakerSigned ...... 24 6229 SpeakerSigned ...... 24 6239-S SpeakerSigned ...... 24 6241-S SpeakerSigned ...... 24 6251-S SpeakerSigned ...... 24 6261 Second Reading ...... 19 Third Reading Final Passage ...... 20 6267-S2 Second Reading ...... 6 Amendment Offered ...... 6 Third Reading Final Passage ...... 11 6271-S SpeakerSigned ...... 24 6273-S SpeakerSigned ...... 24 6275 SpeakerSigned ...... 24 6279 President Signed ...... 24 6286-S

44 JOURNAL OF THE HOUSE SpeakerSigned ...... 24 6287 SpeakerSigned ...... 24 6288 SpeakerSigned ...... 24 6293-S Second Reading ...... 12 Amendment Offered ...... 12 Third Reading Final Passage ...... 19 6297 SpeakerSigned ...... 24 6298-S SpeakerSigned ...... 24 6299-S SpeakerSigned ...... 24 6306-S SpeakerSigned ...... 24 6329-S Second Reading ...... 21 Third Reading Final Passage ...... 22 6330 President Signed ...... 24 6337-S SpeakerSigned ...... 24 6341-S President Signed ...... 24 6350-S Second Reading ...... 19 Third Reading Final Passage ...... 19 6357-S SpeakerSigned ...... 24 6359-S Second Reading ...... 2 Third Reading Final Passage ...... 3 6361-S Other Action ...... 39 6363-S Second Reading ...... 22 Third Reading Final Passage ...... 22 6365 SpeakerSigned ...... 24 6367-S SpeakerSigned ...... 24 6371-S SpeakerSigned ...... 24 6395-S SpeakerSigned ...... 24 6398-S SpeakerSigned ...... 24 6401 Second Reading ...... 12 Amendment Offered ...... 12 Third Reading Final Passage ...... 12 6414-S SpeakerSigned ...... 24 6416-S Second Reading ...... 11 Third Reading Final Passage ...... 12 6418 Second Reading ...... 3 Third Reading Final Passage ...... 3 6424-S Other Action ...... 39 6450 SpeakerSigned ...... 24 6453

FIFTY THIRD DAY, MARCH 4, 2010 45 President Signed ...... 24 6467 SpeakerSigned ...... 24 6487 President Signed ...... 24 6499-S SpeakerSigned ...... 24 6508-S Second Reading ...... 25 Third Reading Final Passage ...... 38 6510-S President Signed ...... 24 6522-S SpeakerSigned ...... 24 6524-S SpeakerSigned ...... 24 6543 SpeakerSigned ...... 24 6544-S SpeakerSigned ...... 24 6546 SpeakerSigned ...... 24 6555 President Signed ...... 24 6556-S SpeakerSigned ...... 24 6557-S Second Reading ...... 4 Amendment Offered ...... 5 Third Reading Final Passage ...... 5 Colloquy ...... 5 6558-S President Signed ...... 24 6577-S President Signed ...... 24 6584-S SpeakerSigned ...... 24 6591-S SpeakerSigned ...... 24 6627 SpeakerSigned ...... 24 6634-S SpeakerSigned ...... 24 6674-S SpeakerSigned ...... 24 6702-S2 Second Reading ...... 20 Amendment Offered ...... 20 Third Reading Final Passage ...... 21 6706-S Other Action ...... 39 6724-S Second Reading ...... 6 Third Reading Final Passage ...... 6 6745 SpeakerSigned ...... 24 6749-S SpeakerSigned ...... 24 6816-S President Signed ...... 24 6831-S SpeakerSigned ...... 24 8025 Second Reading ...... 6 Third Reading Final Passage ...... 6 8026

46 JOURNAL OF THE HOUSE SpeakerSigned ...... 24 HOUSE OF REPRESENTATIVES (Representative Morris presiding) Statement for the Journal Representative McCune ...... 5 Statement for the Journal Representative Miloscia...... 22