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EIGHTY-NINTH DAY


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MORNING SESSION


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Senate Chamber, Olympia, Friday, April 9, 1993

     The Senate was called to order at 8:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senator Bauer, Drew, Erwin, Hargrove, Niemi, Owen, Pelz, Rinehart, Sellar, Skratek, Linda Smith and Winsley. On motion of Senator Oke, Senators, Erwin, Sellar, Linda Smith and Winsley were excused. On motion of Senator Spanel, Senators Drew, Owen and Skratek were excused.

     The Sergeant at Arms Color Guard, consisting of Pages Coreena Ewell and Michelle Ewell, presented the Colors. Reverend William Riker, pastor of St. Benedict's Episcopal Church of Lacey, offered the prayer.


MOTION


     On motion of Senator Jesernig, the reading of the Journal of the previous day was dispensed with and it was approved.


MESSAGE FROM THE HOUSE


April 7, 1993


MR. PRESIDENT:

     The House has passed ENGROSSED HOUSE BILL NO. 2111, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk


INTRODUCTION AND FIRST READING

 

SB 5983          by Senators M. Rasmussen and Loveland (by request of Department of Agriculture)

 

AN ACT Relating to fees; amending RCW 15.36.105, 15.53.9014, 15.54.350, 15.58.415, 16.57.020, 16.57.080, 16.57.090, 16.57.140, 16.57.220, 16.57.390, 16.58.050, 16.58.060, 16.58.130, 16.65.030, 16.65.040, 16.65.042, 16.65.090, 17.21.070, 17.21.110, 17.21.122, 17.21.126, 17.21.129, 17.21.220, 17.21.360, 69.07.040, and 69.25.250; adding new sections to chapter 15.54 RCW; and repealing RCW 15.54.320.

 

Referred to Committee on Ways and Means.



INTRODUCTION AND FIRST READING OF HOUSE BILL

 

EHB 2111       by Representative R. Fisher (by request of Office of Financial Management)

 

Adopting the supplemental transportation budget.


MOTION


     On motion of Senator Jesernig, the rules were suspended, Engrossed House Bill No. 2111 was advanced to second reading and placed on the second reading calendar.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


     On motion of Senator Fraser, Gubernatorial Appointment No. 9262, Eliot W. Scull, as Chair of the Interagency Committee for Outdoor Recreation, was confirmed.


APPOINTMENT OF ELIOT W. SCULL


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 5; Excused, 7.

      Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Wojahn - 37.

      Absent: Senators Bauer, Hargrove, Niemi, Pelz and Rinehart - 5.

     Excused: Senators Drew, Erwin, Owen, Sellar, Skratek, Smith, L. and Winsley - 7.


MOTION


     On motion of Senator Jesernig, the Senate reverted to the first order of business.


REPORTS OF STANDING COMMITTEES


April 7, 1993

SB 5521          Prime Sponsor, Senator Loveland: Funding criminal justice programs. Reported by Committee on Ways and Means


     MAJORITY recommendation: That Second Substitute Senate Bill No. 5521 be substituted therefor, and the second substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Hargrove, Hochstatter, Jesernig, Moyer, Pelz, Quigley, Snyder, West, and Williams.


     Passed to Committee on Rules for second reading.


April 8, 1993

SB 5717          Prime Sponsor, Senator Rinehart: Adopting the capital budget. Reported by Committee on Ways and Means


     MAJORITY recommendation: That Substitute Senate Bill No. 5717 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Owen, Pelz, L. Smith, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.


     Passed to Committee on Rules for second reading.


April 7, 1993

SB 5888          Prime Sponsor, Senator Gaspard: Relating to improvement of retirement systems benefits. Reported by Committee on Ways and Means


     MAJORITY recommendation: That Substitute Senate Bill No. 5888 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bluechel, Gaspard, Hargrove, Hochstatter, Jesernig, Moyer, Pelz, Roach, L. Smith, Snyder, Sutherland, Talmadge, West, and Williams.


     Passed to Committee on Rules for second reading.


April 7, 1993

ESHB 1294     Prime Sponsor, House Committee on Appropriations: Changing provisions in LEOFF Plan II to allow retirement at age fifty. Reported by Committee on Ways and Means


     MAJORITY recommendation: Do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Gaspard, Hargrove, Jesernig, Moyer, Pelz, Roach, Snyder, Sutherland, Talmadge, West, and Williams.


     Passed to Committee on Rules for second reading.


April 7, 1993

ESHB 1372     Prime Sponsor, House Committee on State Government: Creating the government accountability task force. Reported by Committee on Ways and Means


     MAJORITY recommendation: Do pass as amended. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Pelz, Quigley, Roach, L. Smith, Snyder, Sutherland, Talmadge, West, and Williams.


     Passed to Committee on Rules for second reading.


MOTION


     On motion of Senator Jesernig, the Senate advanced to the sixth order of business.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


     On motion of Senator Fraser, Gubernatorial Appointment No. 9285, Melvin D. Wortman, as a member of the Parks and Recreation Commission was confirmed.

     Senators Fraser, Sheldon and Oke spoke to the confirmation of Melvin D. Wortman as a member of the Parks and Recreation Commission.


APPOINTMENT OF MELVIN D. WORTMAN


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 3; Excused, 5.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 41.

      Absent: Senators Niemi, Pelz and Rinehart - 3.

      Excused: Senators Drew, Erwin, Owen, Sellar and Skratek - 5.


MOTION


     On motion of Senator Fraser, Gubernatorial Appointment No. 9286, John L. Shreve as a member of the Parks and Recreation Commission was confirmed.


APPOINTMENT OF JOHN L. SHREVE


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 3; Excused, 2.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 44.

      Absent: Senators Niemi, Pelz and Rinehart - 3.

      Excused: Senators Erwin and Sellar - 2.


MOTION


     At 8:24 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.


     The Senate was called to order at 10:05 a.m. by President Pritchard.


SECOND READING


     HOUSE BILL NO. 1832, by Representatives Dyer, R. Meyers, Mielke, Schmidt, R. Johnson, Zellinsky, Tate, Anderson, Reams, Dellwo, Foreman and Long

 

Regulating medical malpractice insurance.


     The bill was read the second time.


MOTION


     On motion of Senator Moore, the rules were suspended, House Bill No. 1832 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1832.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1832 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

      Absent: Senators Deccio, McDonald and Vognild - 3.

      Excused: Senator Sellar - 1.

     HOUSE BILL NO. 1832, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING


     HOUSE BILL NO. 1346, by Representatives G. Cole, Heavey, King, Veloria, Holm, J. Kohl, Brough, Sommers, Zellinsky, R. Fisher, Wang, Ogden, Wolfe, Valle, Riley, H. Myers, Wood, Jones, Leonard, Karahalios and Wineberry

 

Repealing enforcement and right of action provisions for family leave.


     The bill was read the second time.


MOTION


     On motion of Senator Moore, the rules were suspended, House Bill No. 1346 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


     Senator Anderson: "Senator Moore, through this action now, are we making the Washington State family leave law consistent with the federal family leave law?"

     Senator Moore: "No, we are not. We will have both the state law and federal law."

     Senator Anderson: "So, when you are referencing the Department of Labor and Industries ceasing enforcement, that is only one small provision that they will cease enforcement to become in compliance with federal law?"

     Senator Moore: "I'm not sure that I understand the question."

     Senator Anderson: "Your comments were that the Department of Labor and Industries will cease enforcement of the state law as of the effective date of the federal law, but that is only for one portion of the state law?"

     Senator Moore: "Yes."

     Senator Anderson: "Thank you."

     The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1346.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1346 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 13; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 36.

      Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Newhouse, Sellar, Smith, L. and West - 13.

     HOUSE BILL NO. 1346, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1580, by House Committee on Higher Education (originally sponsored by Representatives Quall, Brumsickle, Jacobsen, Bray, Rayburn, Finkbeiner, Kessler, J. Kohl, Shin, G. Fisher, Springer, Romero, R. Johnson, Linville and Basich)

 

Requiring strategies to shorten time to degree and improve graduation rates.


     The bill was read the second time.


MOTIONS


     On motion of Senator Bauer, the following committee on Higher Education amendment was adopted:

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that, in public colleges and universities, improvement is needed in graduation rates and in the length of time required for students to attain their educational objectives. The legislature also finds that public colleges and universities should offer classes in a way that will permit full-time students to complete a degree or certificate program in about the amount of time described in the institution's catalog as necessary to complete that degree or certificate program.

      NEW SECTION. Sec. 2. (1) By May 15, 1994, each state institution of higher education, as part of its strategic plan, shall adopt strategies designed to shorten the time required for students to complete a degree or certificate and to improve the graduation rate for all students.

      (2) Beginning with the fall 1995-96 academic term, each institution of higher education as defined in RCW 28B.10.016 shall implement the strategies described in subsection (1) of this section.

      NEW SECTION. Sec. 3. (1) By May 30, 1994, each public four-year institution of higher education shall forward to the higher education coordinating board for its review and comment, certain preliminary components of the institution's strategic plan. The components shall include strategies to improve student graduation rates and shorten the time needed for students to obtain a baccalaureate degree.

      (2) By September 30, 1994, the state board for community and technical colleges will forward to the higher education coordinating board for its review and comment, a report on the strategies adopted by community and technical colleges to speed the progress of students towards their educational goals and to shorten the time needed for students to obtain a degree or certificate.

      (3) By December 15, 1994, the higher education coordinating board shall report to the governor and the higher education committees of the house of representatives and senate on its review of strategies designed to improve graduation rates and shorten the time needed for students to obtain a degree or certificate. The report shall include an analysis of system-wide strategies and recommendations for any legislation necessary to assist institutions with the implementation of their plans.

      NEW SECTION. Sec. 4. Each institution of higher education as defined in RCW 28B.10.016 may enter into a student progression understanding with an interested student. The terms of the understanding shall permit a student to obtain a degree or certificate within the standard period of time assumed for a full-time student pursuing that degree or certificate. Usually, the standard amount of time will be about two years for an associate of arts degree and about four years for a baccalaureate degree. Student progression understandings shall not give rise to any cause of action on behalf of any student as a result of the failure of any state institution of higher education to fulfill its obligations under the student progression understanding.

      NEW SECTION. Sec. 5. Sections 1 through 4 of this act are each added to chapter 28B.10 RCW."

     On motion of Senator Bauer, the following title amendment was adopted:

     On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "and adding new sections to chapter 28B.10 RCW."


MOTION


     On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 1580, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1580, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1580, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.

     SUBSTITUTE HOUSE BILL NO. 1580, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1367, by House Committee on State Government (originally sponsored by Representatives Jones, Reams and Kessler)

 

Providing for mandatory election recounts.


     The bill was read the second time.


MOTION


     On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1367 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1367.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1367 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.

      Absent: Senator Rinehart - 1.

     SUBSTITUTE HOUSE BILL NO. 1367, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTION


     Senator Bauer moved that the Senate now consider the following Gubernatorial Appointments and that the appointments be confirmed by a single roll call vote and each name recorded as if voting on each appointment separately: Gubernatorial Appointment No. 9141, Dale Boose; Gubernatorial Appointment No. 9144, Al Brisbois; Gubernatorial Appointment No. 9149, John Carter; Gubernatorial No. 9150, Karen Carter; Gubernatorial Appointment No. 9175, Roberta J. Greene; and Gubernatorial Appointment No. 9247, Marian Svinth; all as members of the Work Force Training and Education Coordinating Board.

     The President declared the question before the Senate to be the motion by Senator Bauer that the Senate confirm the listed Gubernatorial Appointments to the Work Force Training and Education Coordination Board.

     The motion by Senator Bauer carried.

     The President declared the question before the Senate to be the roll call on Gubernatorial Appointment No. 9141, Dale Boose; Gubernatorial Appointment No. 9144, Al Brisbois; Gubernatorial Appointment No. 9149, John Carter; Gubernatorial Appointment No. 9150, Karen Carter; Gubernatorial Appointment No. 9175, Roberta J. Greene; and Gubernatorial Appointment No. 9247, Marian Svinth; all as members of the Work Force Training and Education Coordinating Board.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9141, Dale Boose, as a member of the Work Force Training and Education Coordinating Board, was confirmed.


APPOINTMENT OF DALE BOOSE


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9144, Al Brisbois, as a member of the Work Force Training and Education Coordinating Board, was confirmed.


APPOINTMENT OF AL BRISBOIS


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9149, John Carter, as a member of the Work Force Training and Education Coordinating Board, was confirmed.


APPOINTMENT OF JOHN CARTER


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9150, Karen Carter, as a member of the Work Force Training and Education Coordinating Board, was confirmed.


APPOINTMENT OF KAREN CARTER


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9175, Roberta J. Green, as a member of the Work Force Training and Education Coordinating Board, was confirmed.


APPOINTMENT OF ROBERTA J. GREENE


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9247, Marian Svinth, as a member of the Work Force Training and Education Coordinating Board, was confirmed.


APPOINTMENT OF MARIAN SVINTH


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     Senator Bauer moved that the Senate now consider the following Gubernatorial Appointments and that the appointments be confirmed by a single roll call vote and each name recorded as if voting on each appointment separately: Gubernatorial Appointment No. 9135, Frank Armijo; Gubernatorial Appointment No. 9160, Jack Durney; Gubernatorial Appointment No. 9165, James H. Freeman; Gubernatorial Appointment No. 9169, Dennis Uyemura; Gubernatorial Appointment No. 9186, Sally Jarvis; Gubernatorial Appointment No. 9187, Inez Johnson; Gubernatorial Appointment No. 9194, Lynn Kessler; Gubernatorial Appointment No. 9197, Lowell E. Knutson; Gubernatorial Appointment No. 9214, Alicia Nakata; Gubernatorial Appointment No. 9216, Mary Nichols; Gubernatorial Appointment No. 9231, Art Runestrand; Gubernatorial Appointment No. 9246, R. C. Strauss; Gubernatorial Appointment No. 9249, Bernie Thomas; and Gubernatorial Appointment No. 9259, Arnold Wright; all as members of Boards of Trustees for Community or Technical Colleges.

     The President declared the question before the Senate to be the motion by Senator Bauer that the Senate confirm the listed Gubernatorial Appointments to Boards of Trustees for Community or Technical Colleges.

     The motion by Senator Bauer carried.

     The President declared the question before the Senate to be the roll call on Gubernatorial Appointment No. 9135, Frank Armijo; Gubernatorial Appointment No. 9160, Jack Durney; Gubernatorial Appointment No. 9165, James H. Freeman; Gubernatorial Appointment No. 9169, Dennis Uyemura; Gubernatorial Appointment No. 9186, Sally Jarvis; Gubernatorial Appointment No. 9187, Inez Johnson; Gubernatorial Appointment No. 9194, Lynn Kessler; Gubernatorial Appointment No. 9197, Lowell E. Knutson; Gubernatorial Appointment No. 9214, Alicia Nakata; Gubernatorial Appointment No. 9216, Mary Nichols; Gubernatorial Appointment No. 9231, Art Runestrand; Gubernatorial Appointment No. 9246, R. C. Strauss; Gubernatorial Appointment No. 9249, Bernie Thomas; and Gubernatorial Appointment No. 9259, Arnold Wright; all as members of Boards of Trustees for Community or Technical Colleges.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9135, Frank Armijo, as a member of the Board of Trustees for Columbia Basin Community College District No. 19, was confirmed.


APPOINTMENT OF FRANK ARMIJO


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9160, Jack Durney, as a member of the Board of Trustees for Grays Harbor Community College District No. 2, was confirmed.


APPOINTMENT OF JACK DURNEY


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9165, James H. Freeman, as a member of the Board of Trustees for Bellingham Technical College District No. 25, was confirmed.


APPOINTMENT OF JAMES H. FREEMAN


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.



MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9169, Dennis Uyemura, as a member of the Board of Trustees for Bellevue Community College District No. 8, was confirmed.


APPOINTMENT OF DENNIS UYEMURA


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9186, Sally Jarvis, as a member of the Board of Trustees for Bellevue Community College District No. 8, was confirmed.


APPOINTMENT OF SALLY JARVIS


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9187, Inez Johnson, as a member of the Board of Trustees for Whatcom Community College District No. 21, was confirmed.


APPOINTMENT OF INEZ JOHNSON


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9194, Representative Lynn Kessler, as a member of the Board of Trustees for Grays Harbor Community College District No. 2, was confirmed.


APPOINTMENT OF REPRESENTATIVE LYNN KESSLER


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9197, Lowell E. Knutson, as a member of the Board of Trustees for Seattle, South Seattle and North Seattle Community College District No. 6, was confirmed.


APPOINTMENT OF LOWELL E. KNUTSON


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9214, Alicia Nakata, as a member of the Board of Trustees for Wenatchee Valley Community College District No. 15, was confirmed.


APPOINTMENT OF ALICIA NAKATA


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9216, Mary Nichols, as a member of the Board of Trustees for Bellingham Community College District No. 25, was confirmed.


APPOINTMENT OF MARY NICHOLS


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9231, Art Runestrand, as a member of the Board of Trustees for Bellingham Technical College District No. 25, was confirmed.


APPOINTMENT OF ART RUNESTRAND


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9246, R. C. Strauss, as a member of the Board of Trustees for Bellevue Community College District No. 8, was confirmed.


APPOINTMENT OF R. C. STRAUSS


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9249, Bernie Thomas, as a member of the Board of Trustees for Whatcom Community College District No. 21, was confirmed.


APPOINTMENT OF BERNIE THOMAS


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.



MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9259, Arnold Wright, as a member of the Board of Trustees for Clover Park Technical College District No. 29, was confirmed.


APPOINTMENT OF ARNOLD WRIGHT


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Jesernig, the Senate returned to the fourth order of business.


MESSAGE FROM THE HOUSE


April 7, 1993


MR. PRESIDENT:

     The House has passed SUBSTITUTE SENATE BILL NO. 5937 with the following amendment(s):

     On page 2, line 17, strike lines 17 through 20 and insert:

 "(6) Indebtedness authorized or incurred before the effective date of this act pursuant to statute ((heretofore or hereafter enacted)) which requires that the state treasury be reimbursed, in the amount of the principal of and the interest on such indebtedness, from money other than general state revenues"

      On page 2, line 26, after "Indebtedness" insert "authorized and"

      On page 2, line 29, after "treasury" insert "except higher education operating fees", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


MOTION


     Senator Jesernig moved that the Senate do concur in the House amendments to Substitute Senate Bill No. 5937.

     Debate ensued.

     The President declared the question before the Senate to be the motion by Senator Jesernig that the Senate do concur in the House amendments to Substitute Senate Bill No. 5937.

     The motion by Senator Jesernig carried and the Senate concurred in the House amendments to Substitute Senate Bill No. 5937.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5937, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5937, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moore, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 41.

      Voting nay: Senators Amondson, Anderson, Barr, Bluechel, McCaslin, McDonald, Nelson and West - 8.

     SUBSTITUTE SENATE BILL NO. 5937, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTION


     On motion of Senator Jesernig, the Senate advanced to the sixth order of business.


MOTION


     Senator Talmadge moved that the Senate now consider the following Gubernatorial Appointments and that the appointments be confirmed by a single roll call vote and each name recorded as if voting on each appointment separately: Gubernatorial Appointment No. 9133, Timothy J. Adams; Gubernatorial Appointment No. 9155, Wilford Collins, Jr.; Gubernatorial Appointment No. 9158, Nancy J. Donigan; Gubernatorial Appointment No. 9203, Pam Lucas; Gubernatorial Appointment No. 9212, Elizabeth Muktarian; Gubernatorial Appointment No. 9227, Thomas Roe; Gubernatorial Appointment No. 9237, Mark E. Soelling; Gubernatorial Appointment No. 9253, Dennis Twigg; and Gubernatorial Appointment No. 9319, Ronald Murphy; all as members of the Eastern or Western Washington State Hospital Advisory Boards.

     The President declared the question before the Senate to be the motion by Senator Talmadge that the Senate confirm the listed Gubernatorial Appointments to the Eastern or Western Washington State Hospital Advisory Boards.

     The motion by Senator Talmadge carried.

     The President declared the question before the Senate to be the roll call on

Gubernatorial Appointment No. 9133, Timothy J. Adams; Gubernatorial Appointment No. 9155, Wilford Collins, Jr.; Gubernatorial Appointment No. 9158, Nancy J. Donigan; Gubernatorial Appointment No. 9203, Pam Lucas; Gubernatorial Appointment No. 9212, Elizabeth Muktarian; Gubernatorial Appointment No. 9227, Thomas Roe; Gubernatorial Appointment No. 9237, Mark E. Soelling; Gubernatorial Appointment No. 9253, Dennis Twigg; and Gubernatorial Appointment No. 9319, Ronald Murphy; all as members of the Eastern or Western Washington State Hospital Advisory Boards.


MOTION


     On motion of Senator Talmadge, Gubernatorial Appointment No. 9133, Timothy J. Adams, as a member of the Eastern Washington State Hospital Advisory Board, was confirmed.


APPOINTMENT OF TIMOTHY J. ADAMS


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Talmadge, Gubernatorial Appointment No. 9155, Wilford Collins, Jr., as a member of the Western Washington State Hospital Advisory Board, was confirmed.


APPOINTMENT OF WILFORD COLLINS, JR.


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Talmadge, Gubernatorial Appointment No. 9158, Nancy J. Donigan, as a member of the Western Washington State Hospital Advisory Board, was confirmed.


APPOINTMENT OF NANCY J. DONIGAN


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Talmadge, Gubernatorial Appointment No. 9203, Pam Lucas, as a member of the Eastern Washington State Hospital Advisory Board, was confirmed.


APPOINTMENT OF PAM LUCAS


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Talmadge, Gubernatorial Appointment No. 9212, Elizabeth Muktarian, as a member of the Western Washington State Hospital Advisory Board, was confirmed.


APPOINTMENT OF ELIZABETH MUKTARIAN


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Talmadge, Gubernatorial Appointment No. 9227, Thomas Roe, as a member of the Eastern Washington State Hospital Advisory Board, was confirmed.


APPOINTMENT OF THOMAS ROE


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Talmadge, Gubernatorial Appointment No. 9237, Mark E. Soelling, as a member of the Western Washington State Hospital Advisory Board, was confirmed.


APPOINTMENT OF MARK E. SOELLING


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.



MOTION


     On motion of Senator Talmadge, Gubernatorial Appointment No. 9253, Dennis Twigg, as a member of the Eastern Washington State Hospital Advisory Board, was confirmed.


APPOINTMENT OF DENNIS TWIGG


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Talmadge, Gubernatorial Appointment No. 9319, Ronald Murphy, as a member of the Eastern Washington State Hospital Advisory Board, was confirmed.


APPOINTMENT OF RONALD MURPHY


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     Senator Bauer moved that the Senate now consider the following Gubernatorial Appointments and that the appointments be confirmed by a single roll call vote and each name recorded as if voting on each appointment separately: Gubernatorial Appointment No. 9280, Jerome Farris and Gubernatorial Appointment No. 9281, H. Jon Runstad, both as members of the Board of Regents for the University of Washington.

     The President declared the question before the Senate to be the motion by Senator Bauer that the Senate confirm the listed Gubernatorial Appointments to the Board of Regents for the University of Washington.

     The motion by Senator Bauer carried.

     The President declared the question before the Senate to be the roll call on Gubernatorial Appointment No. 9280, Jerome Farris and Gubernatorial Appointment No. 9281, H. Jon Runstad, both as members of the Board of Regents for the University of Washington.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9280, Jerome Farris, as a member of the Board of Regents for the University of Washington, was confirmed.


APPOINTMENT OF JEROME FARRIS


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9281, H. Jon Runstad, as a member of the Board of Regents for the University of Washington, was confirmed.


APPOINTMENT OF H. JON RUNSTAD


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9282, Samuel Stroum, as a member of the Board of Regents for the University of Washington, was confirmed.


APPOINTMENT OF SAMUEL STROUM


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

      Voting nay: Senators Amondson, Deccio and McCaslin - 3.


MOTION


     Senator Bauer moved that the Senate now consider the following Gubernatorial Appointments and that the appointments be confirmed by a single roll call vote and each name recorded as if voting on each appointment separately: Gubernatorial Appointment No. 9132, Jean H. Adams; Gubernatorial Appointment No. 9146, Scott Brundage; Gubernatorial Appointment No. 9147, Bruce L. Cardwell; Gubernatorial Appointment No. 9167, Wendell George; Gubernatorial Appointment No. 9174, Julie Grant; Gubernatorial Appointment No. 9177, Donald J. Hale; Gubernatorial Appointment No. 9179, F. Murray Haskell; Gubernatorial Appointment No. 9181, Gary Healea; Gubernatorial Appointment No. 9183, M. J. Hrdlicka; Gubernatorial Appointment No. 9184, Betty Hogan; Gubernatorial Appointment No. 9185, Donald Jacobson; Gubernatorial Appointment No. 9189, A. M. Jorgenson; Gubernatorial Appointment No. 9190, Rod Kawakami; Gubernatorial No. 9191, Carolyn Keck; Gubernatorial Appointment No. 9196, John P. Kniskern; Gubernatorial Appointment No. 9201, John Lantz; Gubernatorial Appointment No. 9206, Holly Echo-Hawk Middleton; Gubernatorial Appointment No. 9210, William G. Morris; Gubernatorial Appointment No. 9215, John M. Nettleton; Gubernatorial Appointment No. 9217, Thomas H. Nixon; Gubernatorial Appointment No. 9220, Bonnie J. Polhamus; Gubernatorial Appointment No. 9224, Cynthia K. Rekdal; Gubernatorial Appointment No. 9225, Susan Ringwood; Gubernatorial Appointment No. 9230, Jose G. Ruiz; Gubernatorial Appointment No. 9235, Patricia Schrom; Gubernatorial Appointment No. 9240, Kathy Simonis; Gubernatorial Appointment No. 9248, Alexander Swantz; and Gubernatorial Appointment No. 9255, James G. Walton; all as members of Boards of Trustees for Community Colleges or Technical Colleges.

     The President declared the question before the Senate to be the motion by Senator Bauer that the Senate confirm the listed Gubernatorial Appointments to Boards of Trustees for Community or Technical Colleges.

     The motion by Senator Bauer carried.

     The President declared the question before the Senate to be the roll call on Gubernatorial Appointment No. 9132, Jean H. Adams; Gubernatorial Appointment No. 9146, Scott Brundage; Gubernatorial Appointment No. 9147, Bruce L. Cardwell; Gubernatorial Appointment No. 9167, Wendell George; Gubernatorial Appointment No. 9174, Julie Grant; Gubernatorial Appointment No. 9177, Donald J. Hale; Gubernatorial Appointment No. 9179, F. Murray Haskell; Gubernatorial Appointment No. 9181, Gary Healea; Gubernatorial Appointment No. 9183, M. J. Hrdlicka; Gubernatorial Appointment No. 9184, Betty Hogan; Gubernatorial Appointment No. 9185, Donald Jacobson; Gubernatorial Appointment No. 9189, A. M. Jorgenson; Gubernatorial Appointment No. 9190, Rod Kawakami; Gubernatorial No. 9191, Carolyn Keck; Gubernatorial Appointment No. 9196, John P. Kniskern; Gubernatorial Appointment No. 9201, John Lantz; Gubernatorial Appointment No. 9206, Holly Echo-Hawk Middleton; Gubernatorial Appointment No. 9210, William G. Morris; Gubernatorial Appointment No. 9215, John M. Nettleton; Gubernatorial Appointment No. 9217, Thomas H. Nixon; Gubernatorial Appointment No. 9220, Bonnie J. Polhamus; Gubernatorial Appointment No. 9224, Cynthia K. Rekdal; Gubernatorial Appointment No. 9225, Susan Ringwood; Gubernatorial Appointment No. 9230, Jose G. Ruiz; Gubernatorial Appointment No. 9235, Patricia Schrom; Gubernatorial Appointment No. 9240, Kathy Simonis; Gubernatorial Appointment No. 9248, Alexander Swantz; and Gubernatorial Appointment No. 9255, James G. Walton; all as members of Boards of Trustees for Community Colleges or Technical Colleges.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9132, Jean H. Adams, as a member of the Board of Trustees for Walla Walla Community College District No. 20, was confirmed.


APPOINTMENT OF JEAN H. ADAMS


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9146, Scott Brundage, as a member of the Board of Trustees for Wenatchee Valley Community College District No. 15, was confirmed.


APPOINTMENT OF SCOTT BRUNDAGE


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9147, Bruce L. Cardwell, as a member of the Board of Trustees for Lower Columbia Community College District No. 13, was confirmed.


APPOINTMENT OF BRUCE L. CARDWELL


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9167, Wendell George, as a member of the Board of Trustees for Wenatchee Valley Community College District No. 15, was confirmed.


APPOINTMENT OF WENDELL GEORGE


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9174, Julie Grant, as a member of the Board of Trustees for South Puget Sound Community College District No. 24, was confirmed.


APPOINTMENT OF JULIE GRANT


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9177, Donald J. Hale, as a member of the Board of Trustees for Everett Community College District No. 5, was confirmed.


APPOINTMENT OF DONALD J. HALE


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9179, F. Murray Haskell, as a member of the Board of Trustees for Bellingham Technical College District No. 25, was confirmed.


APPOINTMENT OF F. MURRAY HASKELL


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9181, Gary Healea, as a member of the Board of Trustees for Lower Columbia Community College District No. 13, was confirmed.


APPOINTMENT OF GARY HEALEA


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9183, M. J. Hrdlicka, as a member of the Board of Trustees for Edmonds Community College District No. 23, was confirmed.


APPOINTMENT OF M. J. HRDLICKA


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9184, Betty Hogan, as a member of the Board of Trustees for Pierce Community College District No. 11, was confirmed.


APPOINTMENT OF BETTY HOGAN


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9185, Donald Jacobson, as a member of the Board of Trustees for Renton Technical College District No. 27, was confirmed.


APPOINTMENT OF DONALD JACOBSON


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9189, A. M. Jorgensen, as a member of the Board of Trustees for Renton Technical College District No. 27, was confirmed.


APPOINTMENT OF A. M. JORGENSON


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9190, Rod Kawakami, as a member of the Board of Trustees for Renton Technical College District No. 27, was confirmed.


APPOINTMENT OF ROD KAWAKAMI


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9191, Carolyn Keck, as a member of the Board of Trustees for South Puget Sound Community College District No. 24, was confirmed.


APPOINTMENT OF CAROLYN KECK


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9196, John P. Kniskern, as a member of the Board of Trustees for Highline Community College District No. 9, was confirmed.


APPOINTMENT OF JOHN P. KNISKERN


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9201, John Lantz, as a member of the Board of Trustees for Tacoma Community College District No. 22, was confirmed.


APPOINTMENT OF JOHN LANTZ


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9206, Holly Echo-Hawk Middleton, as a member of the Board of Trustees for Clark Community College District No. 14, was confirmed.


APPOINTMENT OF HOLLY-ECHO-HAWK MIDDLETON


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9210, William G. Morris, as a member of the Board of Trustees for Clark Community College District No. 14, was confirmed.


APPOINTMENT OF WILLIAM G. MORRIS


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9215, John M. Nettleton, as a member of the Board of Trustees for Tacoma Community College District No. 22, was confirmed.


APPOINTMENT OF JOHN M. NETTLETON


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.



MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9217, Thomas H. Nixon, as a member of the Board of Trustees for Highline Community College District No. 9, was confirmed.


APPOINTMENT OF THOMAS H. NIXON


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9220, Bonnie J. Polhamus, as a member of the Board of Trustees for Big Bend Community College District No. 18, was confirmed.


APPOINTMENT OF BONNIE J. POLHAMUS


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9224, Cynthia K. Rekdal, as a member of the Board of Trustees for Seattle, South Seattle, and North Seattle Community College District No. 6, was confirmed.


APPOINTMENT OF CYNTHIA K. REKDAL


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9225, Susan Ringwood, as a member of the Board of Trustees for Renton Technical College District No. 27, was confirmed.


APPOINTMENT OF SUSAN RINGWOOD


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9230, Jose G. Ruiz, as a member of the Board of Trustees for Skagit Valley Community College District No. 4, was confirmed.


APPOINTMENT OF JOSE G. RUIZ


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9235, Patricia Schrom, as a member of the Board of Trustees for Big Bend Community College District No. 18 was confirmed.


APPOINTMENT OF PATRICIA SCHROM


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9240, Kathy Simonis, as a member of the Board of Trustees for Centralia Community College District No. 12 was confirmed.


APPOINTMENT OF KATHY SIMONIS


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9248, Alexander Swantz, as a member of the Board of Trustees for Walla Walla Community College District No. 20 was confirmed.


APPOINTMENT OF ALEXANDER SWANTZ


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9255, James G. Walton, as a member of the Board of Trustees for Spokane Community College District No. 17 was confirmed.


APPOINTMENT OF JAMES G. WALTON


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     Senator Bauer moved that the Senate now consider the following Gubernatorial Appointments and that the appointments be confirmed by a single roll call vote and each name recorded as if voting on each appointment separately: Gubernatorial Appointment No. 9170, May Gerstle and Gubernatorial Appointment No. 9233, Antonio Santoy, both as members of the State Board for Community and Technical Colleges.

     The President declared the question before the Senate to be the motion by Senator Bauer that the Senate confirm the listed Gubernatorial Appointments to the State Board for Community and Technical Colleges.

     The motion by Senator Bauer carried.

     The President declared the question before the Senate to be the roll call on Gubernatorial Appointment No. 9170, May Gerstle and Gubernatorial Appointment No. 9233, Antonio Santoy, both as members of the State Board for Community and Technical Colleges.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9170, May Gerstle, as a member of the State Board for Community and Technical Colleges, was confirmed.


APPOINTMENT OF MAY GERSTLE


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


MOTION


     On motion of Senator Bauer, Gubernatorial Appointment No. 9233, Antonio Santoy, as a member of the State Board for Community and Technical Colleges, was confirmed.


APPOINTMENT OF ANTONIO SANTOY


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1893, by House Committee on Transportation (originally sponsored by Representatives Zellinsky, Forner, R. Fisher and Kremen)

 

Regulating motor vehicle dealers' buyer's agents relationships.


     The bill was read the second time.


MOTION


     On motion of Senator Vognild, the rules were suspended, Substitute House Bill No. 1893 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1893.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1893 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.

     SUBSTITUTE HOUSE BILL NO. 1893, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING


     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1333, by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Flemming, Leonard, Veloria, Chappell, R. Fisher, Dunshee, Linville, Eide, Franklin, Ludwig, Roland, Rayburn, Pruitt, Finkbeiner, Holm, Basich, Lemmon, Johanson, Karahalios, Jones, H. Myers, Morris, L. Johnson, Ogden and J. Kohl)

 

Providing for youth gang violence reduction.


     The bill was read the second time.


MOTIONS


     On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds and declares that:

      (1) The number of youth who are members and associates of gangs and commit gang violence has significantly increased throughout the entire greater Puget Sound, Spokane, and other areas of the state;

      (2) Youth gang violence has caused a tremendous strain on the progress of the communities impacted. The loss of life, property, and positive opportunity for growth caused by youth gang violence has reached intolerable levels. Increased youth gang activity has seriously strained the budgets of many local jurisdictions, as well as threatened the ability of the educational system to educate our youth;

      (3) Among youth gang members the high school drop-out rate is significantly higher than among nongang members. Since the economic future of our state depends on a highly educated and skilled work force, this high school drop-out rate threatens the economic welfare of our future work force, as well as the future economic growth of our state;

      (4) The unemployment rate among youth gang members is higher than that among the general youth population. The unusual unemployment rate, lack of education and skills, and the increased criminal activity could significantly impact our future prison population;

      (5) Most youth gangs are subcultural. This implies that gangs provide the nurturing, discipline, and guidance to gang youth and potential gang youth that is generally provided by communities and other social systems. The subcultural designation means that youth gang participation and violence can be effectively reduced in Washington communities and schools through the involvement of community, educational, criminal justice, and employment systems working in a unified manner with parents and individuals who have a firsthand knowledge of youth gangs and at-risk youth; and

      (6) A strong unified effort among parents and community, educational, criminal justice, and employment systems would facilitate: (a) The learning process; (b) the control and reduction of gang violence; (c) the prevention of youth joining negative gangs; and (d) the intervention into youth gangs.

      NEW SECTION. Sec. 2. It is the intent of the legislature to cause the development of positive prevention and intervention pilot programs for elementary and secondary age youth through cooperation between individual schools, local organizations, and government. It is also the intent of the legislature that if the prevention and intervention pilot programs are determined to be effective in reducing problems associated with youth gang violence, that other counties in the state be eligible to receive special state funding to establish similar positive prevention and intervention programs.

      NEW SECTION. Sec. 3. Unless the context otherwise requires, the following definitions shall apply throughout sections 1 through 11 of this act:

      (1) "School" means any public school within a school district any portion of which is in a county with a population of over one hundred ninety thousand.

      (2) "Community organization" means any organization recognized by a city or county as such, as well as private, nonprofit organizations registered with the secretary of state.

      (3) "Gang risk prevention and intervention pilot program" means a community-based positive prevention and intervention program for gang members, potential gang members, at-risk youth, and elementary through high school-aged youth directed at all of the following:

      (a) Reducing the probability of youth involvement in gang activities and consequent violence.

      (b) Establishing ties, at an early age, between youth and community organizations.

      (c) Committing local business and community resources to positive programming for youth.

      (d) Committing state resources to assist in creating the gang risk prevention and intervention pilot programs.

      (4) "Cultural awareness retreat" means a program that temporarily relocates at-risk youth or gang members and their parents from their usual social environment to a different social environment, with the specific purpose of having them performing activities which will enhance or increase their positive behavior and potential life successes.

      NEW SECTION. Sec. 4. (1) The department of community development may recommend existing programs or contract with either school districts or community organizations, or both, through a request for proposal process for the development, administration, and implementation in the county of community-based gang risk prevention and intervention pilot programs.

      (2) Proposals by the school district for gang risk prevention and intervention pilot program grant funding shall begin with school years no sooner than the 1994-95 session, and last for a duration of two years.

      (3) The school district or community organization proposal shall include:

      (a) A description of the program goals, activities, and curriculum. The description of the program goals shall include a list of measurable objectives for the purpose of evaluation by the department of community development. To the extent possible, proposals shall contain empirical data on current problems, such as drop-out rates and occurrences of violence on and off campus by school-age individuals.

      (b) A description of the individual school or schools and the geographic area to be affected by the program.

      (c) A demonstration of broad-based support for the program from business and community organizations.

      (d) A clear description of the experience, expertise, and other qualifications of the community organizations to conduct an effective prevention and intervention program in cooperation with a school or a group of schools.

      (e) A proposed budget for expenditure of the grant.

      (4) Grants awarded under this section may not be used for the administrative costs of the school district or the individual school.

      NEW SECTION. Sec. 5. (1) A school district in a county with a population of over one hundred ninety thousand may request proposals for establishing gang risk prevention and intervention pilot programs from either public entities that apply jointly with individual schools or community organizations. The proposals shall be reviewed and recommendations for awarding grants shall be made by a committee made up of: (a) A representative from the school district taking the proposal, appointed by the school district's board of directors; (b) a representative appointed by the director of the department of community development or designate; and (c) a representative from the local juvenile court administration.

      (2) A school district or community organization, upon its election to enter into a contract pursuant to section 4 of this act, shall, no later than March 1, 1994, submit a standard request for proposals.

      (3) Proposals made to the department of community development must comply with the conditions of the grant.

      (4) The department of community development shall additionally monitor and evaluate the gang risk prevention and intervention pilot programs pursuant to the following criteria:

      (a) Success in obtaining stated goals.

      (b) Reduction in drop-out rates.

      (c) Reduction in violence among students, on and off campus.

      (d) Development of techniques for early identification of at-risk youth.

      (5) The school district or community organization shall report to the department of community development the results of the program.

      (6) Grants awarded under this section may not be used for administrative costs of the school district or the individual school.

      NEW SECTION. Sec. 6. Gang risk prevention and intervention pilot programs shall include, but are not limited to:

      (1) Counseling for targeted at-risk students, parents, and families, individually and collectively.

      (2) Exposure to positive sports and cultural activities, promoting affiliations between youth and the local community.

      (3) Job training, which may include apprentice programs in coordination with local businesses, job skills development at the school, or information about vocational opportunities in the community.

      (4) Positive interaction with local law enforcement personnel.

      (5) The use of local organizations to provide job search training skills.

      (6) Cultural awareness retreats.

      (7) The use of specified state resources, as requested.

      (8) Full service schools under section 9 of this act.

      (9) Community service such as volunteerism and citizenship.

      NEW SECTION. Sec. 7. (1) Upon request from the local community organization receiving an award under section 5 of this act or the granting local school district, or both, the employment security department shall provide a job counselor or counselors to assist at cultural awareness retreats. The counselor shall provide assistance with the following:

      (a) Testing for job occupation preferences.

      (b) Information on the skills needed for different occupations.

      (c) Coordinating the personal appearance of small business owners or corporate managers to explain the type of skills and characteristics businesses currently need in prospective employees, as well as those of prospective future employees.

      (d) Establishing a business mentor program between the small business owners or corporate managers and the youth who are willing to participate.

      (e) Establishing a specific program that provides help with employment opportunities for youth who attend cultural awareness retreats.

      The department may provide other services than those specified.

      (2) Upon request from the local community organization awarded the grant, the local school district, or both, the department may provide those services specified in subsection (1) of this section for the youth who are receiving services from the local community organization.

      NEW SECTION. Sec. 8. Upon request from the local community organization receiving an award under section 5 of this act or the granting local school district, or both, the department of labor and industries shall:

      (1) Provide information and assistance with regards to the skills and educational backgrounds needed to apply for apprenticeship programs.

      (2) Provide direction and assistance with applications for apprenticeship programs.

      (3) Explore and examine the feasibility of establishing preapprenticeship programs for those youth who cannot qualify for apprenticeships because of age or educational deficiencies, and are participating or have participated in the retreat.

      (4) Provide assistance for and coordination of the personal appearance of representatives of the joint apprenticeship committee with the specific purpose of discussing the skills needed to perform different occupations.

      (5) Provide assistance for and coordination of the establishment of a joint apprenticeship mentor program with those youth who are participating or have participated in the retreat program.

      The department may provide other services.

      Upon request from the local community organization receiving the award under section 5 of this act or the local school district, or both, the department shall provide the services in this section either at the grant-receiving school or at the cultural awareness retreat, or both.

      NEW SECTION. Sec. 9. (1) The purpose of a full service school shall be to increase the interaction between youth and the community at large. A full service school shall provide a wide range of opportunities for all citizens, including goals under RCW 28A.620.010 (1), (2), (3), and (6), and subsection (2) of this section.

      (2) Either the local school district or the local community organization, or both, that received a grant under section 5 of this act shall work with other community organizations, the superintendent of public instruction, and school personnel in the selected school to determine the services needed by the community that shall be offered at the full service school.

      NEW SECTION. Sec. 10. (1) Upon request, the division of juvenile rehabilitation shall through cooperation with private business or through interagency agreement with the state parks and recreation commission or department of natural resources, or both, provide facilities for cultural awareness retreats. The requests for facilities must be made by one of the following: (a) The community organization receiving the grant, or (b) the local school district that assisted in awarding the grant. The division may provide other services as requested.

      (2) The services may be, but are not limited to, persons knowledgeable of juvenile gang behavior.

      (3) Upon receiving a request for cultural awareness retreat facilities, the division shall notify the departments of employment security and labor and industries of the organization requesting the retreat, and the time, place, and date of the retreat.

      NEW SECTION. Sec. 11. Cultural awareness retreats shall include but are not limited to the following programs:

      (1) To develop positive attitudes and self-esteem.

      (2) To develop youth decision-making ability.

      (3) To assist with career development and educational development.

      (4) To help develop respect for the community, and ethnic origin.

      NEW SECTION. Sec. 12. Sections 2 through 11 of this act shall constitute a new chapter in Title 43 RCW.

      NEW SECTION. Sec. 13. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act, this act is null and void."

     On motion of Senator Talmadge, the following title amendment was adopted:

     On page 1, line 1 of the title, after "reduction;" strike the remainder of the title and insert "adding a new chapter to Title 43 RCW; and creating new sections."


MOTION


     On motion of Senator Talmadge, the rules were suspended, Engrossed Substitute House Bill No. 1333, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1333, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1333, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1333, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING


     ENGROSSED HOUSE BILL NO. 1708, by Representatives Peery, Ballard, Dorn, Brough, Jones, Pruitt, Cothern, Basich, Hansen, Roland, Fuhrman, Jacobsen, Ogden, Karahalios, J. Kohl, H. Myers and Johanson

 

Increasing the membership of the commission on student learning.


     The bill was read the second time.


MOTIONS


     Senator Pelz moved that the following Committee on Education amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 28A.630.885 and 1992 c 141 s 202 are each amended to read as follows:

      (((2))) (1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify what all students need to know and be able to do based on the student learning goals of the governor's council on education reform and funding, to develop student assessment and school accountability systems, and to take other steps necessary to develop a performance-based education system. The commission shall include three members of the state board of education, three members appointed by the governor before July 1, 1992, and ((three)) five members appointed no later than ((February)) May 1, 1993, by the governor elected in the November 1992 election. The governor shall appoint a chair from the commission members, and fill any vacancies of gubernatorial appointments that may occur. The state board of education shall fill any vacancies of state board of education appointments that may occur. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from state-wide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the cultural diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational restructuring, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.

      (((3))) (2) The commission shall begin its substantive work subject to ((subsection (1) of this section)) section 202(1), chapter 141, Laws of 1992.

      (((4))) (3) The commission shall establish technical advisory committees. Membership of the technical advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.

      (((5))) (4) The commission, with the assistance of the technical advisory committees, shall:

      (a) Identify what all elementary and secondary students need to know and be able to do. At a minimum, these essential academic learning requirements shall include reading, writing, speaking, science, history, geography, mathematics, and critical thinking. In developing these essential academic learning requirements, the commission shall incorporate the student learning goals identified by the council on education reform and funding;

      (b) By December 1, 1995, present to the state board of education and superintendent of public instruction a state-wide academic assessment system for use in the elementary grades designed to determine if each student has mastered the essential academic learning requirements identified in (a) of this subsection. The academic assessment system shall include a variety of methodologies, including performance-based measures. The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who do not master the essential academic learning requirements. Mastery of each component of the essential academic learning requirements shall be required before students progress in subsequent components of the essential academic learning requirements. The state board of education and superintendent of public instruction shall implement the elementary academic assessment system beginning in the 1996-97 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. The state board of education and superintendent of public instruction may modify the academic assessment system, as needed, in subsequent school years;

      (c) By December 1, 1996, present to the state board of education and superintendent of public instruction a state-wide academic assessment system for use in the secondary grades designed to determine if each student has mastered the essential academic learning requirements identified for secondary students in (a) of this subsection. The academic assessment system shall use a variety of methodologies, including performance-based measures, to determine if students have mastered the essential academic learning requirements, and shall lead to a certificate of mastery. The certificate of mastery shall be required for graduation. The assessment system shall be designed so that the results are used by educators to evaluate instructional practices, and to initiate appropriate educational support for students who do not master the essential academic learning requirements. The commission shall recommend to the state board of education whether the certificate of mastery should take the place of the graduation requirements or be required for graduation in addition to graduation requirements. The state board of education and superintendent of public instruction shall implement the secondary academic assessment system beginning in the 1997-98 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. The state board of education and superintendent of public instruction may modify the assessment system, as needed, in subsequent school years;

      (d) Consider methods to address the unique needs of special education students when developing the assessments in (b) and (c) of this subsection;

      (e) Develop strategies that will assist educators in helping students master the essential academic learning requirements;

      (f) Establish a center the primary role of which is to plan, implement, and evaluate a high quality professional development process. The quality schools center shall: Have an advisory council composed of educators, parents, and community and business leaders; use best practices research regarding instruction, management, curriculum development, and assessment; coordinate its activities with the office of the superintendent of public instruction and the state board of education; employ and contract with individuals who have a commitment to quality reform; prepare a six-year plan to be updated every two years; and be able to accept resources and funding from private and public sources;

      (g) Develop recommendations for the repeal or amendment of federal, state, and local laws, rules, budgetary language, regulations, and other factors that inhibit schools from adopting strategies designed to help students achieve the essential academic learning requirements;

      (h) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential academic learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the elementary and secondary academic assessment systems during the 1995-97 biennium and beyond;

      (i) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements that would assist schools in adopting strategies designed to help students achieve the essential academic learning requirements;

      (j) By December 1, 1996, recommend to the legislature, state board of education, and superintendent of public instruction a state-wide accountability system to evaluate accurately and fairly the level of learning occurring in individual schools and school districts. The commission also shall recommend to the legislature steps that should be taken to assist school districts and schools in which learning is significantly below expected levels of performance as measured by the academic assessment systems established under this section;

      (k) Report annually by December 1st to the legislature and the state board of education on the progress, findings, and recommendations of the commission; and

      (l) Complete other tasks, as appropriate.

      (((6))) (5) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.

      (((7))) (6) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.

      (((8))) (7) The commission shall select an entity to provide staff support and the office of financial management shall contract with that entity. The commission may direct the office of financial management to enter into subcontracts with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.       (((9))) (8) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

      NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


     Senator Moyer moved that the following amendment to the Committee on Education amendment be adopted:

     On page 1, line 17, after "members" insert ", at least one of whom shall represent approved private schools under RCW 28A.195.010,"

     Debate ensued.

     Senator von Reichbauer demanded a roll call and the demand was sustained.

     The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Moyer on page 1, line 17, to the Committee on Education striking amendment to Engrossed House Bill No. 1708.


ROLL CALL


     The Secretary called the roll and the amendment to the committee amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hargrove, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 23.

      Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 26.


MOTION


     On motion of Senator Pelz, the following amendment to the Committee on Education striking amendment was adopted:

     On page 1, beginning on line 33, strike all material through "(3)" on line 35 and insert "(((3) The commission shall begin its substantive work subject to subsection (1) of this section.

      (4))) (2)"

      Renumber the remaining subsections consecutively.

     The President declared the question before the Senate to be the adoption of the Committee on Education striking amendment, as amended, to Engrossed House Bill No. 1708.

     The Committee on Education striking amendment, as amended, to Engrossed House Bill No. 1708 was adopted by voice vote.


MOTIONS


     On motion of Senator Pelz, the following title amendment was adopted:

     On page 1, line 1 of the title, after "learning;" strike the remainder of the title and insert "amending RCW 28A.630.885; and declaring an emergency."

     On motion of Senator Pelz, the rules were suspended, Engrossed House Bill No. 1708, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1708, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed House Bill No. 1708, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moore, Nelson, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 35.

      Voting nay: Senators Amondson, Barr, Cantu, Deccio, McCaslin, McDonald, Moyer, Newhouse, Oke, Roach, Sellar, Smith, L., von Reichbauer and West - 14.

     ENGROSSED HOUSE BILL NO. 1708, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTIONS


     On motion of Senator Jesernig, the Senate advanced to the ninth order of business.

     On motion of Senator Jesernig, the Committee on Ways and Means was relieved of further consideration of Senate Bill No. 5719.


MOTION


     On motion of Senator Jesernig, the rules were suspended, Senate Bill No. 5719 was advanced to second reading and placed on the second reading calendar.


MOTION


     On motion of Senator Jesernig, the Senate returned to the sixth order of business.


SECOND READING


     SENATE BILL NO. 5717, by Senators Rinehart, Bluechel and Snyder (by request of Office of Financial Management)

 

Adopting the capital budget.


MOTIONS


     On motion of Senator Rinehart, Substitute Senate Bill No. 5717 was substituted for Senate Bill No. 5717 and the substitute bill was placed on second reading and read the second time.

     Senator Deccio moved that the following amendment be adopted:

     On page 119, after line 29, insert the following:

     "NEW SECTION. Sec. 782. FOR WASHINGTON STATE UNIVERSITY

     Washington Higher Education Telecommunication System: To provide for WHETS hook-up in Yakima to be used in conjunction with the state-wide WHETS system for use in the Washington State University satellite intercollegiate four year nursing program.

     Appropriation:

            St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $              500,000

            Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                                       0

            Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                                       0

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$              500,000


     Debate ensued.

     Senator Deccio demanded a roll call and the demand was sustained.

     The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Deccio on page 119, after line 29 to Substitute Senate Bill No. 5717.


ROLL CALL


     The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 21; Nays, 28; Absent, 0; Excused, 0.

     Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 21.

     Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.


MOTION


     On motion of Senator Rinehart, the rules were suspended, Substitute Senate Bill No. 5717 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5717.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5717 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 11; Absent, 0; Excused, 0.

     Voting yea: Senators Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 38.

     Voting nay: Senators Amondson, Anderson, Barr, Hochstatter, McCaslin, Newhouse, Oke, Roach, Sellar, Smith, L. and von Reichbauer - 11.

     SUBSTITUTE SENATE BILL NO. 5717, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING


     SENATE BILL NO. 5719, by Senators Rinehart, Bluechel and Snyder (by request of Office of Financial Management)

 

Authorizing general obligation bonds for costs incidental to the 1993-95 biennium.


     The bill was read the second time.


MOTIONS


     On motion of Senator Rinehart, the following amendment was adopted:

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. For the purpose of providing funds to finance the projects described and authorized by the legislature in the capital and operating appropriations acts for the 1993-95 fiscal biennium, and all costs incidental thereto, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of eight hundred sixty-four million dollars, or so much thereof as may be required, to finance these projects and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.

     NEW SECTION. Sec. 2. The proceeds from the sale of the bonds authorized in section 1 of this act shall be deposited in the state building construction account created by RCW 43.83.020.

     These proceeds shall be used exclusively for the purposes specified in section 1 of this act, and for the payment of expenses incurred in the issuance and sale of the bonds issued for the purposes of this section, and shall be administered by the office of financial management subject to legislative appropriation.

     NEW SECTION. Sec. 3. (1) The state general obligation bond retirement fund shall be used for the payment of the principal of and interest on the bonds authorized in section 1 of this act.

     (2) The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet the bond retirement and interest requirements. Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the general obligation bond retirement fund an amount equal to the amount certified by the state finance committee to be due on the payment date.

     (3) Bonds issued under section 1 of this act shall state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.

     (4) The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section.

     NEW SECTION. Sec. 4. The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in section 1 of this act, and section 3 of this act shall not be deemed to provide an exclusive method for the payment.

     NEW SECTION. Sec. 5. The bonds authorized in section 1 of this act shall be a legal investment for all state funds or funds under state control and for all funds of any other public body.

     NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

     NEW SECTION. Sec. 7. Sections 1 through 5 of this act shall constitute a new chapter in Title 43 RCW."


     On motion of Senator Rinehart, the following title amendment was adopted:

     On page 1, line 1 of the title, after "bonds;" strike the remainder of the title and insert "and adding a new chapter to Title 43 RCW."


MOTION


     On motion of Senator Rinehart, the rules were suspended, Engrossed Senate Bill No. 5719 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5719.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5719 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 11; Absent, 0; Excused, 0.

     Voting yea: Senators Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 38.

     Voting nay: Senators Amondson, Anderson, Hochstatter, McCaslin, Nelson, Newhouse, Oke, Roach, Sellar, Smith, L. and von Reichbauer - 11.

     ENGROSSED SENATE BILL NO. 5719, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.



MOTION


     At 12:05 p.m., on motion of Senator Jesernig, the Senate was declared to be at ease.


     The Senate was called to order at 1:50 p.m. by President Pritchard.

     There being no objection, the President reverted the Senate to the fourth order of business.


MESSAGES FROM THE HOUSE


April 8, 1993


MR. PRESIDENT:

     The House has passed:

     SENATE BILL NO. 5112,

     ENGROSSED SENATE BILL NO. 5205,

     SUBSTITUTE SENATE BILL NO. 5255,

     SUBSTITUTE SENATE BILL NO. 5262,

     SENATE BILL NO. 5324,

     SENATE BILL NO. 5358,

     SENATE BILL NO. 5385,

     SUBSTITUTE SENATE BILL NO. 5386,

     ENGROSSED SENATE BILL NO. 5411,

     ENGROSSED SENATE BILL NO. 5423,

     ENGROSSED SENATE BILL NO. 5427,

     SENATE BILL NO. 5444,

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5482,

     SENATE BILL NO. 5572,

     ENGROSSED SENATE BILL NO. 5580,

     SUBSTITUTE SENATE BILL NO. 5596,

     SUBSTITUTE SENATE BILL NO. 5678,

     SENATE BILL NO. 5693,

     SENATE BILL NO. 5696,

     SENATE BILL NO. 5703,

     ENGROSSED SENATE BILL NO. 5729,

     SUBSTITUTE SENATE BILL NO. 5821,

     SENATE BILL NO. 5841, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


April 8, 1993


MR. PRESIDENT:

     The House has passed:

     SENATE BILL NO. 5275,

     SUBSTITUTE SENATE BILL NO. 5889,

     SUBSTITUTE SENATE BILL NO. 5896,

     SENATE BILL NO. 5905,

     SUBSTITUTE SENATE JOINT MEMORIAL NO. 8009, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


SIGNED BY THE PRESIDENT


     The President signed:

     SENATE BILL NO. 5112,

     ENGROSSED SENATE BILL NO. 5205,

     SUBSTITUTE SENATE BILL NO. 5255,

     SUBSTITUTE SENATE BILL NO. 5262,

     SENATE BILL NO. 5324,

     SENATE BILL NO. 5358,

     SENATE BILL NO. 5385,

     SUBSTITUTE SENATE BILL NO. 5386,

     ENGROSSED SENATE BILL NO. 5411,

     ENGROSSED SENATE BILL NO. 5423,

     ENGROSSED SENATE BILL NO. 5427,

     SENATE BILL NO. 5444,

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5482,

     SENATE BILL NO. 5572,

     ENGROSSED SENATE BILL NO. 5580,

     SUBSTITUTE SENATE BILL NO. 5596,

     SUBSTITUTE SENATE BILL NO. 5678,

     SENATE BILL NO. 5693,

     SENATE BILL NO. 5696,

     SENATE BILL NO. 5703,

     ENGROSSED SENATE BILL NO. 5729,

     SUBSTITUTE SENATE BILL NO. 5821,

     SENATE BILL NO. 5841.


SIGNED BY THE PRESIDENT


     The President signed:

     SENATE BILL NO. 5275,

     SUBSTITUTE SENATE BILL NO. 5889,

     SUBSTITUTE SENATE BILL NO. 5896,

     SENATE BILL NO. 5905,

     SUBSTITUTE SENATE JOINT MEMORIAL NO. 8009.


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


MOTION


     On motion of Senator Spanel, Senator Rinehart was excused.


SECOND READING


     ENGROSSED HOUSE BILL NO. 1110, by Representatives Vance, Leonard, Cooke, Sheldon, Basich, Foreman, Brough, Long, Karahalios, Miller, Brumsickle and Kremen

 

Prescribing treatment for sexually aggressive youth.


     The bill was read the second time.


MOTIONS


     Senator Adam Smith moved that the following Committee on Law and Justice amendment be adopted:

     Strike everything after the enacting clause and insert the following:

     "Sec. 1. RCW 26.44.020 and 1988 c 142 s 1 are each amended to read as follows:

     For the purpose of and as used in this chapter:

     (1) "Court" means the superior court of the state of Washington, juvenile department.

     (2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.

     (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice ((podiatry)) podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathy and surgery, or medicine and surgery or to provide other health services. The term "practitioner" shall include a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected person for the purposes of this chapter.

     (4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.

     (5) "Department" means the state department of social and health services.

     (6) "Child" or "children" means any person under the age of eighteen years of age.

     (7) "Professional school personnel" shall include, but not be limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.

     (8) "Social service counselor" shall mean anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.

     (9) "Psychologist" shall mean any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

     (10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

     (11) "Clergy" shall mean any regularly licensed or ordained minister, priest or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

     (12) "Child abuse or neglect" shall mean the injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment of a child by any person under circumstances which indicate that the child's health, welfare, and safety is harmed thereby. An abused child is a child who has been subjected to child abuse or neglect as defined herein: PROVIDED, That this subsection shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not proved to be injurious to the child's health, welfare, and safety: AND PROVIDED FURTHER, That nothing in this section shall be used to prohibit the reasonable use of corporal punishment as a means of discipline. No parent or guardian shall be deemed abusive or neglectful solely by reason of the parent's or child's blindness, deafness, developmental disability, or other handicap.

     (13) "Child protective services section" shall mean the child protective services section of the department.

     (14) "Adult dependent persons not able to provide for their own protection through the criminal justice system" shall be defined as those persons over the age of eighteen years who have been found legally incompetent pursuant to chapter 11.88 RCW or found disabled to such a degree pursuant to said chapter, that such protection is indicated: PROVIDED, That no persons reporting injury, abuse, or neglect to an adult dependent person as defined herein shall suffer negative consequences if such a judicial determination of incompetency or disability has not taken place and the person reporting believes in good faith that the adult dependent person has been found legally incompetent pursuant to chapter 11.88 RCW.

     (15) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child for commercial purposes as those acts are defined by state law by any person.

     (16) "Negligent treatment or maltreatment" means an act or omission which evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety.

     (17) "Developmentally disabled person" means a person who has a disability defined in RCW ((71.20.016)) 71A.10.020.

     (18) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard the general welfare of such children and shall include investigations of child abuse and neglect reports, including reports regarding child care centers and family child care homes, and the development, management, and provision of or referral to services to ameliorate conditions which endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.

     (19) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty.

     (20) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a "sexually aggressive youth."

     NEW SECTION. Sec. 2. A new section is added to chapter 26.44 RCW to read as follows:

     (1) If a law enforcement agency receives a complaint that alleges that a child under age twelve has committed a sex offense as defined in RCW 9.94A.030, the agency shall investigate the complaint. If the investigation reveals that probable cause exists to believe that the youth may have committed a sex offense and the child is at least eight years of age, the agency shall refer the case to the proper county prosecuting attorney for appropriate action to determine whether the child may be prosecuted or is a sexually aggressive youth. If the child is less than eight years old, the law enforcement agency shall refer the case to the department.

     (2) If the prosecutor or a judge determines the child cannot be prosecuted for the alleged sex offense because the child is incapable of committing a crime as provided in RCW 9A.04.050 and the prosecutor believes that probable cause exists to believe that the child engaged in acts that would constitute a sex offense, the prosecutor shall refer the child as a sexually aggressive youth to the department. The prosecutor shall provide the department with an affidavit stating that the prosecutor has determined that probable cause exists to believe that the juvenile has committed acts that could be prosecuted as a sex offense but the case is not being prosecuted because the juvenile is incapable of committing a crime as provided in RCW 9A.04.050.

     (3) The department shall investigate any referrals that allege that a child is a sexually aggressive youth. The department may offer appropriate available services and treatment to a sexually aggressive youth and his or her parents or legal guardians as provided in RCW 74.13.075. If the parents refuse to accept or fail to obtain appropriate treatment or services, the department may pursue a dependency action as provided in chapter 13.34 RCW.

     Sec. 3. RCW 74.13.075 and 1990 c 3 s 305 are each amended to read as follows:

     (1) For the purposes of funds appropriated for the treatment of ((at-risk juvenile sex offenders, "at-risk juvenile sex offenders)) sexually aggressive youth, the term "sexually aggressive youth" means those juveniles who:

     (a) Are in the care and custody of the state ((who)) and:

     (((a))) (i) Have been abused; and

     (((b))) (ii) Have committed a sexually aggressive or other violent act that is sexual in nature; or

     (((c))) (b) Cannot be detained under the juvenile justice system due to being under age twelve and incompetent to stand trial for acts that could be prosecuted as sex offenses as defined by RCW 9.94A.030 if the juvenile was over twelve years of age, or competent to stand trial if under twelve years of age.

     (2) In expending these funds, the department of social and health services shall establish in each region a case review committee to review all cases for which the funds are used. In determining whether to use these funds in a particular case, the committee shall consider:

     (a) The age of the juvenile;

     (b) The extent and type of abuse to which the juvenile has been subjected;

     (c) The juvenile's past conduct;

     (d) The benefits that can be expected from the treatment; ((and))

     (e) The cost of the treatment; and

     (f) The ability of the juvenile's parent or guardian to pay for the treatment.

     Sec. 4. RCW 13.34.030 and 1988 c 176 s 901 are each amended to read as follows:

     For purposes of this chapter:

     (1) "Child" and "juvenile" means any individual under the age of eighteen years;

     (2) "Dependent child" means any child:

     (a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has evidenced either by statement or conduct, a settled intent to forego, for an extended period, all parental rights or all parental responsibilities despite an ability to do so;

     (b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child;

     (c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development; ((or))

     (d) Who has a developmental disability, as defined in RCW 71A.10.020 and whose parent, guardian, or legal custodian together with the department determines that services appropriate to the child's needs can not be provided in the home. However, (a), (b), and (c) of this subsection may still be applied if other reasons for removal of the child from the home exist; or

     (e) Who is a "sexually aggressive youth," as defined in RCW 74.13.075(1)(b) and whose parent or guardian has failed to obtain or refused to accept available appropriate treatment or services.

     NEW SECTION. Sec. 5. A new section is added to chapter 13.34 RCW to read as follows:

     When the petition for dependency alleges that the child is a sexually aggressive youth and the parent or guardian has failed to obtain or has refused to accept available appropriate treatment, the court may order that the child receive an evaluation to determine whether the child needs treatment or other services. Prior to entry of an order of dependency on the petition, the court must find by a preponderance of the evidence at the fact-finding hearing held pursuant to RCW 13.34.110 that the child has committed acts that could be prosecuted as sex offenses as defined by RCW 9.94A.030, that the parent or guardian has failed to obtain or has refused to accept available appropriate treatment or services, and that treatment and services are available. If the court orders the child receive an evaluation, treatment, or services, the parent or legal guardian must pay for the evaluation, treatment, and services based on the parent's or guardian's ability to pay. The department shall develop a fair and equitable payment schedule.

     Sec. 6. RCW 13.34.130 and 1992 c 145 s 14 are each amended to read as follows:

     If, after a fact-finding hearing pursuant to RCW 13.34.110, as now or hereafter amended, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030(2); after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

     (1) The court shall order one of the following dispositions of the case:

     (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

     (b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that:

     (i) There is no parent or guardian available to care for such child;

     (ii) The parent, guardian, or legal custodian is not willing to take custody of the child;

     (iii) A manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or

     (iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

     (2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds it is recommended by the supervising agency, that it is in the best interests of the child and that it is not reasonable to provide further services to reunify the family because the existence of aggravated circumstances make it unlikely that services will effectuate the return of the child to the child's parents in the near future. In determining whether aggravated circumstances exist, the court shall consider one or more of the following:

     (a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

     (b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

     (c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

     (d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

     (e) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

     (f) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim.

     (3) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

     (a) A permanent plan of care that may include one of the following: Return of the child to the home of the child's parent, adoption, guardianship, or long-term placement with a relative or in foster care with a written agreement.

     (b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

     (i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

     (ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

     (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

     (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

     (c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.

     (4) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

     (5) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits.

     (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

     (b) If the child is not returned home, the court shall establish in writing:

     (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

     (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration has been given to placement with the child's relatives;

     (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

     (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

     (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

     (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

     (vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

     (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

     (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

     (6) If the sole basis for finding that the child is dependent is the parent's failure to obtain or refusal to accept treatment for a child that is a sexually aggressive youth, the court must limit the department's scope of authority to the amount necessary to obtain treatment and services for the child. The court may not order that the child be removed from the home or expand the department's authority unless the court finds that removing the child or expanding the department's authority is necessary to treat the child or to provide services.

     NEW SECTION. Sec. 7. The secretary of the department of social and health services is authorized to transfer surplus, unused treatment funds from the civil commitment center operated under chapter 71.09 RCW to the division of children and family services to provide treatment services for sexually aggressive youth."


     On motion of Senator Adam Smith, the following amendments to the Committee on Law and Justice striking amendment were considered simultaneously and were adopted:

     On page 4, line 23 of the amendment, after "youth." insert "The purpose of the investigation shall be to determine whether the child is abused or neglected, as defined in this chapter, and whether the child or the child's parents are in need of services or treatment."

     On page 4, line 26 of the amendment, after "74.13.075" insert "and may refer the child and his or her parents to appropriate treatment and services available within the community"

     On page 4, line 27 of the amendment, after "services" insert "under circumstances that indicate that the refusal or failure is child abuse or neglect, as defined in this chapter"

     On page 4, after line 28 of the amendment, insert the following:

     "(4) Nothing in this section shall affect the responsibility of a law enforcement agency to report incidents of abuse or neglect as required in RCW 26.44.030(5)."

     On page 5, beginning on line 18 of the amendment, strike all of sections 4, 5, and 6

     Renumber the remaining section consecutively and correct any internal references accordingly.


     The President declared the question before the Senate to be the adoption of the Committee on Law and Justice striking amendment, as amended, to Engrossed House Bill No. 1110.

     The Committee on Law and Justice striking amendment, as amended, to Engrossed House Bill No. 1110 was adopted by voice vote.


MOTIONS


     On motion of Senator Adam Smith, the following title amendments were considered simultaneously and were adopted:

     On page 1, line 1 of the title, after "youth;" strike the remainder of the title and insert "amending RCW 26.44.020, 74.13.075, 13.34.030, and 13.34.130; adding a new section to chapter 26.44 RCW; adding a new section to chapter 13.34 RCW; and creating a new section."

     On page 11, beginning on line 21 of the title amendment, after "26.44.020" strike all material through "13.34 RCW" on line 23 and insert "and 74.13.075; adding a new section to chapter 26.44 RCW"


     On motion of Senator Adam Smith, the rules were suspended, Engrossed House Bill No. 1110, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1110, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed House Bill No. 1110, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 4; Excused, 1.

     Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 44.

     Absent: Senators Amondson, McCaslin, Sellar and West - 4.

     Excused: Senator Rinehart - 1.

     ENGROSSED HOUSE BILL NO. 1110, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING


     SENATE BILL NO. 5342, by Senators Vognild and Skratek (by request of

Department of Transportation)

 

Repealing the tax credit and exemption for alcohol used as fuel.


     The bill was read the second time.


MOTION


     On motion of Senator Vognild, the following Committee on Transportation amendment was not adopted:

     Strike everything after the enacting clause and insert the following:

     "Sec. 1. RCW 82.36.225 and 1991 c 145 s 2 are each amended to read as follows:

     Alcohol of any proof that is sold in this state for use as fuel in motor vehicles, farm implements and machines, or implements of husbandry is exempt from the motor vehicle fuel tax under this chapter. In addition, a tax credit of sixty percent of the tax rate imposed by RCW 82.36.025 shall be given for every gallon of alcohol used in an alcohol-gasoline blend which contains at least nine and one-half percent or more by volume of alcohol: PROVIDED, That in no case may the tax credit claimed be greater than the tax due on the gasoline portion of the blended fuel. The exemption and tax credit provided in this section do not apply to motor fuels sold in a county when a requirement to sell oxygenated fuels for purposes of reaching clean air attainments under chapter 70.94 RCW is in effect.

     This section shall expire on December 31, 1999."


MOTION


     Senator Vognild moved that the following amendment by Senators Vognild and Prince be adopted:

     On page 1, after line 5, insert:

     "NEW SECTION. Sec. 2. A new section is added to Chapter 82.36 RCW to read as follows:

     Alcohol of any proof that is sold in this state for use as fuel in motor vehicles, farm implements and machines, or implements of husbandry is exempt from the motor vehicle fuel tax under this chapter if such alcohol was manufactured by a company that has been verified by the department as having sold less than eight million gallons of alcohol for use as motor fuel in the prior calendar year. In addition, a tax credit of sixty percent of the tax rate imposed by RCW 82.36.025 shall be given for every gallon of alcohol used in an alcohol-gasoline blend which contains at least nine and one-half percent or more by volume of alcohol: PROVIDED, That in no case may the tax credit claimed be greater than the tax due on the gasoline portion of the blended fuel.

     This section shall expire on December 31, 1999."

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendment by Senators Vognild and Prince on page 1, after line 5, to Senate Bill No. 5342.

     The motion by Senator Vognild carried and the amendment was adopted.


MOTIONS


     On motion of Senator Vognild, the following title amendment was adopted:

     On page 1, line 2 of the title, after "fuel;" strike "and" and after "82.36.225" insert "; and adding a new section to Chapter 82.36 RCW"

     On motion of Senator Vognild, the rules were suspended, Engrossed Senate Bill No. 5342 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


     Senator Nelson: "Senator Vognild, with the amendment we have now adopted on Senate Bill No. 5342, what is the anticipated increase in the taxes per gallon of oxygenated fuel that would be expected in the state of Washington?"      Senator Vognild: "In discussing that with some of the representatives of the oil companies down here, it is possible that there will be no increase at all at the pumps. If in fact, there were to be any increase in the pumps, if we look at the roughly forty-two million dollars per biennium--twenty-one million per year--that would be about, probably, three quarters of a penny, at the most."

     Senator Nelson: "Isn't it true, Senator Vognild, that about one penny of motor vehicle fuel tax is roughly twenty-eight million a year?"

     Senator Vognild: "Yes, about twenty-six, I think, is what we used in our forecast."

     Senator Nelson: "So, if one were to prorate that according to this exemption, that we probably are looking at anywhere from one and half to two pennies of increase in fuel to the consumer in the state of Washington just based on that prorate?"

     Senator Vognild: "I don't think so, Senator. That twenty-six million is an annual figure and the forty-two million I mentioned in here is a biennial figure, so if you take the forty-two, cut in two, it comes out about twenty-one and I would relate that to roughly three-quarters, just doing it in my head."

     Further debate ensued.


MOTION


     On motion of Senator Oke, Senator McCaslin was excused.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5342.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5342 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moore, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 37.

     Voting nay: Senators Amondson, Anderson, Barr, Cantu, McDonald, Nelson, Roach, Sellar, Smith, L., von Reichbauer and West - 11.

     Excused: Senator McCaslin - 1.

     ENGROSSED SENATE BILL NO. 5342, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING


     SENATE BILL NO. 5963, by Senators Vognild, Loveland, Newhouse and Nelson (by request of Department of Transportation)

 

Providing for priority programming of multimodal solutions to address state highway deficiencies.


MOTIONS


     On motion of Senator Vognild, Substitute Senate Bill No. 5963 was substituted for Senate Bill No. 5963 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Vognild, the rules were suspended, Substitute Senate Bill No. 5963 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5963.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5963 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.

     Excused: Senator McCaslin - 1.

     SUBSTITUTE SENATE BILL NO. 5963, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTION


     At 2:21 p.m., on motion of Senator Jesernig, the Senate recessed until 2:45 p.m.


     The Senate was called to order at 3:03 p.m. by President Pritchard.

     There being no objection, the President reverted the Senate to the first order of business.


REPORTS OF STANDING COMMITTEES


April 8, 1993

 

SB 5723          Prime Sponsor, Senator Rinehart: Providing for revenue collection for the department of social and health services. Reported by Committee on Ways and Means


     MAJORITY recommendation: Do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Moyer, Niemi, Owen, Pelz, Quigley, Roach, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.


     Passed to Committee on Rules for second reading.


April 8, 1993

 

ESHB 1089     Prime Sponsor, House Committee on Environmental Affairs: Changing air quality operating permit requirements. Reported by Committee on Ways and Means


     MAJORITY recommendation: Do pass as amended by Committee on Ecology and Parks. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, Moyer, Niemi, Owen, Pelz, Quigley, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.


     Passed to Committee on Rules for second reading.


April 7, 1993

 

ESHB 1320     Prime Sponsor, House Committee on Natural Resources and Parks: Modifying the forest fire protection assessment. Reported by Committee on Ways and Means


     MAJORITY recommendation: Do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Gaspard, Hargrove, Jesernig, Moyer, Pelz, Quigley, Snyder, Sutherland, Talmadge, and West.


     Passed to Committee on Rules for second reading.


April 8, 1993

ESHB 1806     Prime Sponsor, House Committee on Environmental Affairs: Changing regulation and licensure of well contractors and operators. Reported by Committee on Ways and Means


     MAJORITY recommendation: Do pass as amended by Committee on Ecology and Parks. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, Moyer, Niemi, Owen, Pelz, Quigley, L. Smith, Snyder, Sutherland, Talmadge, West, and Williams.


     Passed to Committee on Rules for second reading.


April 8, 1993

 

ESHB 1988     Prime Sponsor, House Committee on Trade, Economic Development and Housing: Providing for employment and training services. Reported by Committee on Ways and Means


     MAJORITY recommendation: Do pass with amendment to the amendment by Committee on Trade, Technology and Economic Development. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Gaspard, Hargrove, Jesernig, Moyer, Niemi, Owen, Pelz, Roach, Snyder, Talmadge, Williams, and Wojahn.


     Passed to Committee on Rules for second reading.


     There being no objection, the President advanced the Senate to the fifth order of business.


INTRODUCTION AND FIRST READING

 

SB 5984          by Senators Sheldon and Rinehart


     AN ACT Relating to the department of services for the blind; and amending RCW 74.18.230.


     Referred to Committee on Ways and Means.


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


SECOND READING


     SENATE BILL NO. 5972, by Senators Vognild (by request of Office of Financial Management)


     Adopting the transportation budget.


MOTIONS


     On motion of Senator Vognild, Substitute Senate Bill No. 5972 was substituted for Senate Bill No. 5972 and the substitute bill was placed on second reading and read the second time.

     Senator Vognild moved that the following amendment be adopted:

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. The transportation budget of the state is hereby adopted and, subject to the provisions hereinafter set forth, the several amounts hereinafter specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds hereinafter named to the designated state agencies and offices for salaries, wages, and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 1995.

     Any bill enacted during the 1993 legislative session requiring expenditure from a transportation-related fund or account that was not heard by either of the transportation committees is not funded in this act.

     NEW SECTION. Sec. 2. FOR THE TRAFFIC SAFETY COMMISSION

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                            212,000

Highway Safety Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             2,545,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                600,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             3,357,000

     The appropriations in this section are subject to the following conditions and limitations:

     (1) The appropriation from the transportation fund shall be used solely to fund community DWI task forces. Funding from the transportation fund for any community DWI task force may not exceed fifty percent of total expenditures in support of that task force.

     (2) It is the intent of the legislature that the Washington traffic safety commission be abolished as of July 1, 1994. The office of the governor shall submit to the legislative transportation committee by December 15, 1993, a plan for transferring the responsibilities of the Washington traffic safety commission to an existing transportation agency. The appropriations from the highway safety fund--state and highway safety fund--federal represent funding necessary to operate the agency for fiscal year 1994 only.

     (3) $175,000 of the highway safety fund--federal appropriation may be used only to fund the law and justice program. As of July 1, 1993, the law and justice program shall be transferred from the department of licensing to the Washington traffic safety commission.

     NEW SECTION. Sec. 3. FOR THE BOARD OF PILOTAGE COMMISSIONERS

General Fund--Pilotage Account--State

     Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     . . $                                                                                                                                                                                218,000

     NEW SECTION. Sec. 4. FOR THE COUNTY ROAD ADMINISTRATION BOARD

Motor Vehicle Fund--County Arterial Preservation

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $           24,247,000

Motor Vehicle Fund--Rural Arterial Trust

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $           61,838,000

Motor Vehicle Fund--Private Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                508,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             1,331,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           87,924,000

     NEW SECTION. Sec. 5. FOR THE TRANSPORTATION IMPROVEMENT BOARD

Motor Vehicle Fund--Transportation Improvement

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $         184,000,000

Motor Vehicle Fund--Urban Arterial Trust

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $           26,322,000

Motor Vehicle Fund--City Hardship Assistance

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             1,500,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         211,822,000

     The appropriations in this section are subject to the following conditions and limitations:

     (1) The transportation improvement board shall present to the legislative transportation committee by December 15, 1993, proposed legislation and an action plan to address the recommendations identified in the 1992 evaluation of the transportation improvement board by the subcommittee on transportation boards and commissions of the legislative transportation committee.

     (2) The transportation improvement board shall on a quarterly basis present to the legislative transportation committee and the office of financial management an analysis of project cost changes as they apply to overall project costs, for projects funded from the transportation improvement account and the urban arterial trust account. The initial report, due October 31, 1993, shall compare cost estimates at the time of project selection to present estimate or final cost for all urban arterial trust account projects selected from 1987 forward and for all transportation improvement account projects. The board shall provide an update to the report each quarter thereafter citing the amount and reason for additional changes in actual or estimated costs for any project.

     (3) $50,000,000 of the transportation improvement account--state appropriation in this section is conditioned on the enactment of Senate Bill No. 5969, authorizing bond sales for projects funded from the transportation improvement account.

     NEW SECTION. Sec. 6. FOR THE STATE PATROL--FIELD OPERATIONS BUREAU

Motor Vehicle Fund--State Patrol Highway Account--

     State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                143,616,000

Motor Vehicle Fund--State Patrol Highway Account--

     Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             3,218,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         146,834,000

     The appropriations in this section are subject to the following conditions and limitations:

     Any user of Washington state patrol aircraft shall reimburse the Washington state patrol for its pro rata share of all operating and maintenance costs including capitalization.

     NEW SECTION. Sec. 7. FOR THE STATE PATROL--SUPPORT SERVICES BUREAU

Motor Vehicle Fund--State Patrol Highway Account--

     State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                  57,574,000

     NEW SECTION. Sec. 8. FOR THE DEPARTMENT OF LICENSING--MANAGEMENT OPERATIONS

General Fund--Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                  46,000

General Fund--Public Safety Education Account--

     State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                       414,000

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             5,523,000

Highway Safety Fund--Motorcycle Safety Education

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                  96,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             4,379,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           10,458,000

     NEW SECTION. Sec. 9. FOR THE DEPARTMENT OF LICENSING--INFORMATION SYSTEMS

General Fund--Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                221,000

General Fund--Public Safety Education Account--

     State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                       247,000

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             5,131,000

Highway Safety Fund--Motorcycle Safety Education

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                  50,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             9,869,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           15,518,000

     Contained in this appropriation is $10,000,000 for the licensing application migration project (LAMP), of which $6,000,000 is motor vehicle fund--state and $4,000,000 highway safety fund--state. Of the $10,000,000 appropriation $500,000 is provided solely as a contingency amount. The appropriation for LAMP is conditioned upon compliance with section 49 of this act. If section 49 of this act is not enacted during the 1993 legislative session, then the $10,000,000 appropriation for the licensing application migration project (LAMP) shall lapse.

     NEW SECTION. Sec. 10. FOR THE DEPARTMENT OF LICENSING--VEHICLE SERVICES

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           49,076,000

General Fund--Marine Fuel Tax Refund Account--

     State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                         26,000

General Fund--Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                520,000

Department of Licensing Services Account--

     State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                       676,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           50,298,000

     NEW SECTION. Sec. 11. FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES

General Fund--Public Safety Education Account--

     State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                    4,396,000

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           51,752,000

Highway Safety Fund--Motorcycle Safety Education

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             1,300,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           57,448,000

     NEW SECTION. Sec. 12. FOR THE LEGISLATIVE TRANSPORTATION COMMITTEE

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             2,744,000

     NEW SECTION. Sec. 13. FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY COMMITTEE

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                410,000

     NEW SECTION. Sec. 14. FOR THE MARINE EMPLOYEES COMMISSION

Motor Vehicle Fund--Puget Sound Ferry Operations

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                373,000

     NEW SECTION. Sec. 15. FOR THE TRANSPORTATION COMMISSION

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             1,637,000

     NEW SECTION. Sec. 16. FOR THE AIR TRANSPORTATION COMMISSION

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                534,000

     The appropriation in this section assumes that as of January 1, 1994, commission staff shall be reduced from four full-time equivalent to one full-time equivalent and that the appropriation shall expire on April 1, 1994.

     Sec. 17. RCW 47.86.030 and 1992 c 190 s 3 are each amended to read as follows:

     The commission shall conduct studies to determine Washington's long-range air transportation policy, including an assessment of intermodal needs, and to assess the impacts of increasing air traffic upon surrounding communities, including an evaluation of noise mitigation and surface transportation impacts at existing facilities, and the potential impact at new or expanded facilities.

     The studies shall include, but are not limited to the following:

     (1) The feasibility of acquiring the Stampede Pass rail line for use as a utility corridor, intermodal high speed transportation corridor or other transportation uses. The study shall include an examination of the ownership of the Stampede Pass rail line right of way and evaluate the advantages and disadvantages of preserving the Stampede Pass rail line corridor. It shall include interested public and private agencies when conducting the study. The commission shall encourage local communities and the private sector to financially participate in the study. The commission shall make a presentation of the feasibility findings to the legislative transportation committee on or before December 1, 1990.

     (2) Recommendations to the legislature on future Washington state air transportation policy, including the expansion of existing and potential air carrier and reliever facilities and the siting of such new facilities, specifically taking into consideration intermodal needs. The commission shall consider the development of wayports in eastern Washington, taking into account similar developments in Japan and Germany, in order to reduce congestion resulting from rapid growth in the Puget Sound region. The commission shall coordinate its study of airport siting policy issues with the efforts of the high-speed ground transportation steering committee.

     The commission shall submit findings and recommendations to the legislative transportation committee by December 1, ((1994)) 1993, with completed reports to be presented to the legislative transportation committee on the dates as provided in subsection (3) of this section.

     (3) A report on the following work program projects by December 1, 1992:

     (a) Evaluation of the importance of air transportation in the economic and social vitality of the state including costs and effects of delay of air capacity expansion;

     (b) Air transportation demand, aviation industry trends, and air capacity in Washington through 2020;

     (c) A review of the final draft of the Puget Sound air transportation committee's flight plan assessments of air capacity and demand.

     (4) A transportation systems planning evaluation of air transportation planning options in Washington by July 1, 1993.

     (5) The work program project reports as provided in subsection (3) of this section and the policy recommendations of the commission shall be transmitted to regional transportation planning organizations created pursuant to chapter 47.80 RCW. Each regional transportation planning organization shall consider the commission's project reports and policy recommendations when adopting its regional transportation plan and in its review of local comprehensive plans for consistency with the regional transportation plans.

     (6) A review of the environmental, social, and economic costs associated with Washington state's air transportation system. The commission shall review and comment upon the effectiveness and reasonableness of current or planned practices to mitigate the adverse environmental effects of operating, developing, or expanding the state's air transportation system.

     NEW SECTION. Sec. 18. Effective April 1, 1994, the following acts or parts of acts are each repealed:

     (1) RCW 47.86.010 and 1990 c 298 s 39;

     (2) RCW 47.86.020 and 1990 c 298 s 40;

     (3) RCW 47.86.030 and 1993 c . . . s 17 (section 17 of this act), 1992 c 190 s 3, 1991 c 231 s 7, & 1990 c 298 s 41;

     (4) RCW 47.86.035 and 1992 c 190 s 1;

     (5) RCW 47.86.040 and 1990 c 298 s 42;

     (6) RCW 47.86.050 and 1990 c 298 s 43;

     (7) RCW 47.86.060 and 1990 c 298 s 44;

     (8) RCW 47.86.900 and 1990 c 298 s 45; and

     (9) RCW 47.86.901 and 1990 c 298 s 47.

     NEW SECTION. Sec. 19. FOR THE WASHINGTON STATE ENERGY OFFICE

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                210,000

     The Washington state energy office shall update the petroleum data book by January 15, 1994, and shall update the state gasoline prices study by January 15, 1995.

     NEW SECTION. Sec. 20. FOR THE DEPARTMENT OF AGRICULTURE

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                418,000

     The motor vehicle fund--state appropriation is provided solely for the motor fuel quality testing program. Annual reports shall be submitted to the legislative transportation committee and the office of financial management on December 15 each year.

     NEW SECTION. Sec. 21. FOR THE DEPARTMENT OF TRANSPORTATION--STATE HIGHWAY RESURFACING, RESTORATION, REHABILITATION, AND SAFETY--PROGRAM A

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         140,937,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           98,040,000

Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             3,460,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         242,437,000

     The appropriations in this section are subject to the following conditions and limitations:

     (1) The appropriations in this section are provided for the location, design, right of way, and construction of state highway projects designated as category "A" under RCW 47.05.030.

     It is the intent that the appropriations in this section do not commit the governor nor the legislature to the transportation commission's proposed category "A" program update.

     (2) Up to $650,000 of the motor vehicle fund--state appropriation is provided solely for an inventory of drainage facilities; analysis of water sources entering the Washington department of transportation facilities; testing for contaminants; analyzing the flow of discharged stormwater; and developing a prioritization system that will enable the department to evaluate proposed construction projects with regard to their effects on sensitive water bodies.

     (3) Up to $1,326,000 of the motor vehicle fund--state appropriation is provided for fish passage barrier removal. The department of transportation shall cooperate with the department of fisheries to continue retrofit work now in progress, finalize the inventory, and begin additional projects as funds allow.

     (4) Up to $1,200,000 of the motor vehicle fund--state appropriation is provided for the state match for the scenic highways program. In the event the full state match is not required, the remainder shall revert to the motor vehicle fund for future appropriation.

     NEW SECTION. Sec. 22. FOR THE DEPARTMENT OF TRANSPORTATION--INTERSTATE HIGHWAY CONSTRUCTION--PROGRAM B

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           85,245,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         446,000,000

Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             4,000,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         535,245,000

     The appropriations in this section are provided for the location, design, right of way, and construction of state highway projects on the interstate system designated as category "B" under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations:

     (1) The motor vehicle fund--state appropriation includes a maximum of $53,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.790 and 47.10.801. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

     (2) Should cash flow demands exceed the motor vehicle fund--federal appropriation, the motor vehicle fund--state appropriation is increased proportionally to provide matching state funds from the sale of bonds authorized by RCW 47.10.801 and 47.10.790 not to exceed $10,000,000 and it is understood that the department shall seek authority to expend unanticipated receipts for the federal portion.

     (3) It is further recognized that the department may make use of federal cash flow obligations on interstate construction contracts in order to complete the interstate highway system as expeditiously as possible.

     (4) Up to $7,185,000 of the appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914). State funds needed for the federal match requirements shall be from the bonds sales proceeds not to exceed $1,437,000 as authorized by Senate Bill No. 5371. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

     (5) Up to $30,000,000 of the motor vehicle fund--state appropriation in this section is provided to expedite high occupancy vehicle lane construction on the interstate system.

     NEW SECTION. Sec. 23. FOR THE DEPARTMENT OF TRANSPORTATION--MAJOR NONINTERSTATE HIGHWAY CONSTRUCTION--PROGRAM C

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           97,818,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           67,000,000

Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             5,000,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         154,210,000

Special Category C--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         166,833,000

Puyallup Tribal Settlement Account--

     State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                  44,024,000

Puyallup Tribal Settlement Account--

     Private Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             6,000,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         540,885,000

     The appropriations in this section are provided for the location, design, right of way acquisition, and construction of state highway projects designated as category "C" under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations:

     (1) The motor vehicle fund--state appropriation includes $68,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.790 and 47.10.801. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

     (2) Up to $44,000,000 of the motor vehicle fund--federal appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914). The motor vehicle fund--state appropriation includes $13,000,000 for the federal match requirements, which shall be from the bond sales proceeds as authorized by Senate Bill No. 5371. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation. No bond proceeds shall be used to pay for a federal demonstration study project.

     (3) The special category C fund--state appropriation of $166,833,000 includes $108,000,000 in proceeds from the sale of bonds authorized by Senate Bill No. 5343 for the 1st Avenue South Bridge in Seattle, North-South Corridor/Division Street improvements in Spokane, and selected sections of State Route 18. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

     NEW SECTION. Sec. 24. If Substitute Senate Bill No. 5963 becomes law, the department of transportation, in consultation with the legislative transportation committee, shall develop a plan to implement the requirements of such legislation that includes program performance and monitoring procedures. The implementation plan shall be submitted to the house and senate transportation committees on or before January 1, 1994.

     NEW SECTION. Sec. 25. FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           28,728,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                400,000

Motor Vehicle Fund--Transportation Capital Facilities

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $           39,576,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           68,704,000

     Up to $750,000 of the motor vehicle fund--transportation capital facilities account--state appropriation is provided to implement the Americans with Disabilities Act (P.L. 101-336 42 U.S.C. Sec. 12101 et seq.).

     NEW SECTION. Sec. 26. FOR THE DEPARTMENT OF TRANSPORTATION--AERONAUTICS--PROGRAM F

General Fund--Aeronautics Account--State

     Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . $                                                                                                                                                                             3,106,000

General Fund--Aeronautics Account--Federal

     Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . $                                                                                                                                                                                302,000

General Fund--Search and Rescue Account--State

     Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . $                                                                                                                                                                                130,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             3,538,000

     The appropriations in this section are subject to the following conditions and limitations:

     (1) The aeronautics account appropriations in this section are provided for management and support of the aeronautics division, state fund grants to local airports, development and maintenance of a state-wide airport system plan, maintenance of state-owned emergency airports, and federal inspections.

     (2) The search and rescue account--state appropriation in this section is provided for directing and conducting searches for missing, downed, overdue, or presumed downed general aviation aircraft; for safety and education activities necessary to insure safety of persons operating or using aircraft; and for the Washington wing civil air patrol in accordance with RCW 47.68.370.

     NEW SECTION. Sec. 27. FOR THE DEPARTMENT OF TRANSPORTATION--COMMUNITY ECONOMIC REVITALIZATION--PROGRAM G

Motor Vehicle Fund--Economic Development Account--

     State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                    5,020,000

     The appropriation in this section is funded with the proceeds from the sale of bonds authorized by RCW 47.10.801 and is provided for improvements to the state highway system necessitated by planned economic development.

     NEW SECTION. Sec. 28. FOR THE DEPARTMENT OF TRANSPORTATION--NONINTERSTATE BRIDGES--PROGRAM H

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           51,027,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           71,000,000

Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             1,000,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         123,027,000

     (1) The appropriations in this section are provided to preserve the structural and operating integrity of existing bridges. It is the intent that this appropriation does not commit the governor nor the legislature to the transportation commission's proposed twenty-year bridge program.

     (2) Up to $5,000,000 of the motor vehicle fund--state appropriation is provided solely for rehabilitation of state-owned moveable bridges.

     (3) Up to $6,000,000 of the motor vehicle fund--state appropriation is for enhanced bridge inspections.

     NEW SECTION. Sec. 29. FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE AND OPERATIONS--PROGRAM M

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         238,028,000

Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             4,690,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         242,718,000

     The appropriations in this section are subject to the following conditions and limitations:

     (1) Up to $300,000 of the motor vehicle fund--state appropriation is provided to develop and implement a roadside vegetation management plan to comply with the Puget Sound water quality authority management plan. Emphasis shall be placed on nonchemical vegetation control.

     (2) Up to $910,000 of the motor vehicle fund--state appropriation is provided for additional maintenance to prevent mechanical and electrical problems on floating bridges, maintenance on the Lacey V. Murrow floating bridge, and compliance with department of labor and industries maintenance regulations.

     (3) Up to $600,000 of the motor vehicle fund--state appropriation is provided for testing and disposal of hazardous materials and for interjurisdictional and/or interagency development of eight treatment facilities.

     (4) Up to $2,411,000 of the motor vehicle fund--state appropriation is provided to expedite and enhance traffic signal improvements.

     NEW SECTION. Sec. 30. FOR THE DEPARTMENT OF TRANSPORTATION--SALES AND SERVICES TO OTHERS--PROGRAM R

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             2,894,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           33,400,000

Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $           28,892,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           65,186,000

     NEW SECTION. Sec. 31. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S

Motor Vehicle Fund--Puget Sound Capital Construction

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             1,109,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           50,949,000

Motor Vehicle Fund--Puget Sound Ferry Operations

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             1,105,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                897,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           54,060,000

     NEW SECTION. Sec. 32. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSIT RESEARCH AND INTERMODAL PLANNING--PROGRAM T

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           16,126,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           16,314,000

High Capacity Transportation Account--

     State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                  14,574,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           38,388,000

Transportation Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             5,852,000

Transportation Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                100,000

Central Puget Sound Public Transportation Account--

     State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                  19,400,000

Public Transportation Systems Account--State

     Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . $                                                                                                                                                                             6,500,000

For planning and research:

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         117,854,000

     The appropriations in this section are for public transportation and rail programs and are subject to the following conditions and limitations:

     (1) Up to $31,000,000 of the transportation fund--state appropriation is provided for administrative costs, operating subsidies for contracted AMTRAK 403(b) service, and for capital projects to improve train speeds and service.

     (2) Up to $5,000,000 of the transportation fund--state appropriation is provided for state participation in the planning and construction of passenger rail depots and other passenger intermodal facilities.

     (3) The central Puget Sound public transportation account--state appropriation and the public transportation systems account--state appropriation shall be distributed to local transit agencies based on the allocation process defined in Substitute House Bill No. 2036. These appropriations are null and void if Substitute House Bill No. 2036 is not enacted by the legislature.

     (4) Of the $3,400,000 transportation fund--state appropriation provided for regional transportation planning organizations, funds not allocated to such organizations may be used for a discretionary grant program for special regional planning projects, to be administered by the department of transportation.

     NEW SECTION. Sec. 33. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSIT RESEARCH AND INTERMODAL PLANNING--PROGRAM T--CAPITAL

Essential Rail Assistance Account--State

     Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . $                                                                                                                                                                             1,000,000

Essential Rail Banking Account--State

     Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . $                                                                                                                                                                             1,100,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             2,100,000

     The appropriations in this section are provided for the purposes authorized in chapter 47.76 RCW.

     NEW SECTION. Sec. 34. FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES--PROGRAM U

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           30,124,000

Motor Vehicle Fund--Puget Sound Ferry Operations

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             2,000,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           32,124,000

     Up to $1,703,000 of the motor vehicle fund--state appropriation is provided for preservation projects on the department of transportation Olympia headquarters building and for maintenance work on the department of transportation/plaza parking garage as administered by the department of general administration.

     NEW SECTION. Sec. 35. FOR THE DEPARTMENT OF TRANSPORTATION--MARINE CONSTRUCTION--PROGRAM W

Motor Vehicle Fund--Puget Sound Capital Construction

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $         234,746,000

Motor Vehicle Fund--Puget Sound Capital Construction

     Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $           32,237,000

Motor Vehicle Fund--Puget Sound Capital Construction

     Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                900,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         267,883,000

     The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements. The appropriations in this section are subject to the following conditions and limitations:

     (1) The appropriations in this section are provided to carry out only the projects presented to the legislature (version 4) for the 1993-95 budget. The department shall reconcile the 1991-93 capital expenditures within ninety days of the end of the biennium and submit a final report to the legislative transportation committee and office of financial management.

     (2) The Puget Sound capital construction account--state appropriation includes $15,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.560 and $116,126,000 in proceeds from the sale of bonds authorized by RCW 47.60.800. However, the department of transportation may use current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.

     (3) The appropriation in this section provides for the construction, in the state of Washington, of new jumbo ferry vessels in accordance with the requirements of Substitute House Bill No. 1635. The transportation commission shall provide progress reports to the legislative transportation committee and the governor regarding the implementation of Substitute House Bill No. 1635.

     (4) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the capital program authorized in this section.

     NEW SECTION. Sec. 36. FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X

Marine Operating Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $         224,475,000

     The appropriation in this section is subject to the following conditions and limitations:

     (1) The appropriation is based on the budgeted expenditure of $25,807,000 for vessel operating fuel in the 1993-95 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.

     (2) The appropriation contained in this section provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 1993-95 biennium may not exceed $150,185,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $324.20 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, and a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).

     The prescribed insurance benefit increase dollar amount that shall be allocated from the governor's compensation insurance benefits appropriation is in addition to the appropriation contained in this section and may be used to increase compensation costs, effective July 1, 1993, and July 1, 1994.

     (3) The appropriation in this section includes $250,000 to (a) ensure the marine division of the department of transportation's compliance with RCW 88.46.060 through a contractual agreement between Washington state ferries and the Washington state maritime commission and (b) assist Washington state ferries in oil spill prevention, planning, and education in accordance with chapter 43.21I RCW.

     (4) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the operating program authorized in this section.

     NEW SECTION. Sec. 37. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             7,394,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         159,806,000

Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             5,086,000

Transfer Relief Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             3,920,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         176,206,000

     The appropriations in this section are subject to the following conditions and limitations:

     (1) Up to $1,000,000 of the motor vehicle fund--state appropriation is provided for the completion of the cost responsibility study or other studies. The cost responsibility study shall be performed in conjunction with the office of financial management, the transportation commission, the legislative transportation committee, public transportation agencies, and cities and counties. The cost responsibility study shall include but not be limited to analysis and recommendations regarding:

     (a) Damage to, use of, and benefit from the state's transportation systems;

     (b) Whether the users and beneficiaries of the states' transportation systems are paying an appropriate share of the costs; and

     (c) Alternative methods of cost recovery and taxation including user and beneficiary based methods.

     The study shall be completed by July 1, 1994.

     (2) Up to $6,774,000 of the motor vehicle fund--federal appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914). The motor vehicle fund--state appropriation includes $570,000 for the federal match requirements, which shall be from the bond sales proceeds as authorized by Senate Bill No. 5371. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

     NEW SECTION. Sec. 38. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSFER

Motor Vehicle Fund--RV Account--State Appropriation

For transfer to the Motor Vehicle Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                427,000

     The appropriation transfer in this section is provided for the construction and maintenance of recreation vehicle sanitary disposal systems at rest areas on the state highway system.

     NEW SECTION. Sec. 39. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSFER

Motor Vehicle Fund--State Appropriation

For transfer to the Transportation Capital Facilities

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $           44,150,000

     NEW SECTION. Sec. 40. FOR THE DEPARTMENT OF TRANSPORTATION EMERGENCY PROJECTS--PROGRAM A

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           25,000,000

     The appropriation in this section shall be funded from the sale of bonds authorized in Senate Bill No. 5370.

     NEW SECTION. Sec. 41. FOR THE DEPARTMENT OF TRANSPORTATION FEDERAL MATCH PROJECTS--PROGRAM Z

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           25,000,000

     The appropriation in this section shall be funded from the sale of bonds authorized in Senate Bill No. 5371. The state finance committee shall administer the repayment of loans authorized in Senate Bill No. 5371.

     NEW SECTION. Sec. 42. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSFER

Motor Vehicle Fund--Highway Construction

     Stabilization Account

     For transfer to the Motor Vehicle Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $           33,000,000

     The transfer in this section is provided for expenditures pursuant to RCW 46.68.200.

     NEW SECTION. Sec. 43. The motor vehicle fund revenues are received at a relatively even flow throughout the year. Expenditures exceed the revenue during the accelerated summer and fall highway construction season, creating a negative cash balance during the heavy construction season. Negative cash balances also may result from the use of state funds to finance federal advance construction projects prior to conversion to federal funding. The governor and the legislature recognize that the department of transportation may require interfund loans or other short-term financing to meet temporary seasonal cash requirements and additional cash requirements to fund federal advance construction projects.

     NEW SECTION. Sec. 44. In addition to such other appropriations as are made by this act, there is appropriated to the department of transportation from legally available bond proceeds in the respective construction or building accounts such amounts as are necessary to pay the expenses incurred by the state finance committee in the issuance and sale of the subject bonds.

     NEW SECTION. Sec. 45. The department of transportation is authorized to undertake federal advance construction projects under the provisions of 23 U.S.C. Sec. 115 in order to maintain progress in meeting approved highway construction and preservation objectives. The legislature recognizes that the use of state funds may be required to temporarily fund expenditures of the federal appropriations for the highway construction and preservation programs for federal advance construction projects prior to conversion to federal funding.

     NEW SECTION. Sec. 46. A new section is added to chapter 46.01 RCW to read as follows:

     The state patrol and the department of licensing shall coordinate their activities when siting facilities. This coordination shall result in the collocation of driver and vehicle licensing and vehicle inspection service facilities whenever possible.

     The department and state patrol shall explore alternative state services, such as vehicle emission testing, that would be feasible to collocate in these joint facilities. The department and state patrol shall reach agreement with the department of transportation for the purposes of offering department of transportation permits at these one-stop transportation centers. All services provided at these transportation service facilities shall be provided at cost to the participating agencies.

     In those instances where the community need or the agencies' needs do not warrant collocation this section shall not apply.

     NEW SECTION. Sec. 47. FOR THE WASHINGTON STATE PATROL--CAPITAL

Motor Vehicle Fund--State Patrol Highway

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             9,645,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                740,000

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                740,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           11,125,000

     The appropriations in this section are provided for the following projects:

     WSP/DOL Dist Office--Tacoma

     Everett Dist Hdqtrs Building

     Minor Works Preservation

     Shelton Trng Acad Restroom Repair

     Replace Underground Storage Tanks

     Replace Rattlesnake Ridge Communication Site

     Shelton Academy Property Acquisition

     Vancouver Cve Inspection Station

     Mt. Vernon Comm Site Construction

     Spokane Cve Inspection Station

     Replace Scale Mechanism SeaTac South

     Yakima District Hdqtrs Predesign

     I-90 Port of Entry Weigh Station

     Smokey Point Weigh Station Design

     Morton Detachment Acquisition

     Longview Vin Lane Construction Property Acquisition

     NEW SECTION. Sec. 48. FOR THE DEPARTMENT OF LICENSING--CAPITAL

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                  61,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                  20,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                  81,000

     The appropriations in this section are provided for the following projects:

     Longview Customer Service Center

     North Spokane Customer Service Center

     Vancouver Customer Service Center

     NEW SECTION. Sec. 49. In addition to compliance with the requirements of RCW 43.105.190, titled "Major information technology projects standards and policies," agencies shall comply with the following requirements: For projects funded through the transportation budget, the agency and the department of information services shall provide the office of financial management, the legislative transportation committee, and the information services board with a written bi-monthly project oversight and risk assessment report for designated projects. The report shall include, but not be limited to, the following: Project name, agency undertaking the project, a description of the project, key project activities or accomplishments during the next sixty to ninety days, baseline cost data, costs to date, baseline schedule, schedule to date, risk assessments, risk management, and recommendations.

     NEW SECTION. Sec. 50. The legislature supports the proposed reduction by the governor of state agency, middle management level employees and recognizes that such reduction is essential to achieve more efficient and effective delivery of state services. Further, the legislature finds that employee reductions in agencies providing state transportation programs and services are necessary to the extent such reductions do not jeopardize transportation program and service delivery.

     NEW SECTION. Sec. 51. To maximize the use of transportation revenues, it is the intent of the legislature to encourage sharing of technology, information, and systems where appropriate between transportation agencies.

     To facilitate this exchange, the Washington state department of transportation assistant secretary for finance and budget management; Washington state department of transportation chief for management information systems; the Washington state patrol deputy chief, chief of staff; Washington state patrol manager of the computer services division; the department of licensing deputy director and department of licensing assistant director for information systems will meet quarterly to share plans, discuss progress of key projects, and to coordinate activities for the common good. Minutes of these meetings will be distributed to the respective agency heads and the legislative transportation committee. Washington state department of transportation will provide staff support and meeting coordination.

     NEW SECTION. Sec. 52. The appropriations of moneys and the designation of funds and accounts by this and other acts of the 1993 legislature shall be construed in a manner consistent with legislation enacted by the 1985, 1987, 1989, and 1991 legislatures to conform state funds and accounts with generally accepted accounting principles. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

     NEW SECTION. Sec. 53. The commission for efficiency and accountability in Washington state government shall conduct a study, in conjunction with the department of transportation, the department of licensing, and the Washington state patrol, of the methods used by the revolving fund agencies to determine the cost allocation for actual services provided to the transportation agencies. The study shall determine whether or not allocation methodologies used to assign these costs to transportation agencies are consistent with accepted accounting principles and represent a pro rata share in relation to all other agencies.

     Sec. 54. RCW 82.44.180 and 1991 c 199 s 224 are each amended to read as follows:

     (1) The transportation fund is created in the state treasury. Revenues under RCW 82.44.020 (1) and (2), 82.44.110, 82.44.150, and the surcharge under RCW 82.50.510 shall be deposited into the fund as provided in those sections.

     Moneys in the fund may be spent only after appropriation. Expenditures from the fund may be used only for transportation purposes and activities and operations of the Washington state patrol not directly related to the policing of public highways and that are not authorized under Article II, section 40 of the state Constitution.

     (2) There is hereby created the central Puget Sound public transportation account within the transportation fund. Moneys deposited into the account under RCW 82.44.150(2)(b) shall be expended within the three county region from which the funds are derived, solely for:

     (a) Development of high capacity transportation systems as defined in RCW ((81.104.010)) 81.104.015;

     (b) Development of high occupancy vehicle lanes and related facilities as defined in RCW 81.100.020; and

     (c) Public transportation system contributions required to fund projects approved by the transportation improvement board.

     (3) There is hereby created the public transportation systems account within the transportation fund. Moneys deposited into the account under RCW 82.44.150(2)(c) shall be available to the public transportation system from which the funds are derived, solely for:

     (a) Development of high capacity transportation systems as defined in RCW ((81.104.010)) 81.104.015;

     (b) Development of high occupancy vehicle lanes and related facilities as defined in RCW 81.100.020;

     (c) Other public transportation system-related roadway projects on state highways, county roads, or city streets; and

     (d) Public transportation system contributions required to fund projects approved by the transportation improvement board.

     NEW SECTION. Sec. 55. Sections 1 through 17 and 19 through 54 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


MOTIONS


     On motion of Senator Vognild, the following amendment to the striking amendment was adopted:

     On page 3, beginning on line 15 of the amendment, strike all of section 6 and insert the following:

     "NEW SECTION. Sec. 6. FOR THE STATE PATROL--FIELD OPERATIONS BUREAU

Motor Vehicle Fund--State Patrol Highway Account--

     State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                143,616,000

Motor Vehicle Fund--State Patrol Highway Account--

     Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             3,218,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                788,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         147,622,000

     The appropriations in this section are subject to the following conditions and limitations:

     Any user of Washington state patrol aircraft shall reimburse the Washington state patrol for its pro rata share of all operating and maintenance costs including capitalization."


     Senator Owen moved that the following amendments by Senators Owen, Amondson, Hargrove and West to the striking amendment be considered simultaneously and be adopted:

     On page 3, line 18 of the striking amendment, strike $143,616,000" and insert "144,016,000"

     On page 3, line 21 of the striking amendment, strike $147,622,000" and insert "148,022,000"

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendments by Senators Owen, Amondson, Hargrove and West on page 3, lines 18 and 21, to the striking amendment by Senator Vognild to Substitute Senate Bill No. 5972.

     The motion by Senator Owen carried and the amendments to the striking amendment were adopted.


MOTION


     Senator Vognild moved that the following amendment to the striking amendment be adopted:

     On page 3, after line 26 of the amendment, insert the following:

     "NEW SECTION. Sec. 7. FOR THE STATE PATROL--INVESTIGATIVE SERVICES BUREAU

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           22,576,000

General Fund--Death Investigations Account--State

       Appropriations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$                                                                                                                                                                                         24,000

General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                184,000

General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             1,037,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           23,821,000

     Renumber the remaining sections consecutively and correct any internal references accordingly.


POINT OF INQUIRY


     Senator Nelson: "Senator Vognild, just to be clear on this particular amendment, I notice that you have a couple of others that are similar, is the idea here that you are going to now have the State Patrol and other agencies funded out of the transportation funds and, basically then, have the public service and education account totally turned over to the general fund? Is that the drift of where we are going?"

     Senator Vognild: "Yes, Senator, that is the end result of where we are going."

     Senator Nelson: "Thank you."

     Further debate ensued.

     The President declared the question before the Senate to be the adoption of the amendment by Senator Vognild on page 3, after line 26, to the striking amendment by Senator Vognild to Substitute Senate Bill No. 5972.

     The motion by Senator Vognild carried and the amendment to the striking amendment was adopted on a rising vote.


MOTION


     Senator Vognild moved that the following amendment to the striking amendment be adopted:

     On page 3, beginning on line 27 of the amendment, strike all of section 7 and insert the following:

     "NEW SECTION. Sec. 7. FOR THE STATE PATROL--SUPPORT SERVICES BUREAU

Motor Vehicle Fund--State Patrol Highway Account--

     State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                  57,574,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             4,490,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           62,064,000

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendment by Senator Vognild on page 3, beginning on line 27, to the striking amendment by Senator Vognild to Substitute Senate Bill No. 5972.

     The motion by Senator Vognild carried and the amendment to the striking amendment was adopted.


MOTION


     Senator Vognild moved that the following amendments to the striking amendment be considered simultaneously and be adopted:

     Beginning on page 3, line 31 of the amendment, strike all of section 8 and insert the following:

     "NEW SECTION. Sec. 8. FOR THE DEPARTMENT OF LICENSING--MANAGEMENT OPERATIONS

General Fund--Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                  46,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                414,000

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             5,523,000

Highway Safety Fund--Motorcycle Safety Education

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                  96,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             4,379,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           10,458,000

     On page 4, beginning on line 5 of the amendment, strike all of section 9 and insert the following:

     "NEW SECTION. Sec. 9. FOR THE DEPARTMENT OF LICENSING--INFORMATION SYSTEMS

General Fund--Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                221,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                247,000

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             5,131,000

Highway Safety Fund--Motorcycle Safety Education

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                  50,000

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             9,869,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           15,518,000

     Contained in this appropriation is $10,000,000 for the licensing application migration project (LAMP), of which $6,000,000 is motor vehicle fund--state and $4,000,000 highway safety fund--state. Of the $10,000,000 appropriation $500,000 is provided solely as a contingency amount. The appropriation for LAMP is conditioned upon compliance with section 49 of this act. If section 49 of this act is not enacted during the 1993 legislative session, then the $10,000,000 appropriation for the licensing application migration project (LAMP) shall lapse."

     Beginning on page 4, line 32 of the amendment, strike all of section 11 and insert the following:

     "NEW SECTION. Sec. 11. FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             4,396,000

Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           51,752,000

Highway Safety Fund--Motorcycle Safety Education

     Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             1,300,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           57,448,000

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendments by Senator Vognild on page 3, line 31, page 4, beginning on line 5, and page 4, line 32, to the striking amendment by Senator Vognild to Substitute Senate Bill No. 5972.

     The motion by Senator Vognild carried and the amendments to the striking amendment were adopted.


MOTIONS


     On motion of Senator Vognild, the following amendment to the striking amendment was adopted:

     On page 5, line 3 of the striking amendment, after "57,448,000" insert "$400,000 of the Highway Safety Fund - Motorcycle Safety Education Account appropriation in this section is provided solely to enhance the motorcycle testing program., If Senate Bill 5101 is not enacted during the 1993 legislative session, the appropriation in this section is null and void."

     On motion of Senator Vognild, the following amendment to the striking amendment was adopted:

     On page 5, beginning on line 4 of the amendment, strike all of section 12 and insert the following:

     "NEW SECTION. Sec. 12. FOR THE LEGISLATIVE TRANSPORTATION COMMITTEE

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             2,644,000


MOTION


     Senator Fraser moved that the following amendment by Senators Fraser and Vognild to the striking amendment be adopted:

     Beginning on page 7, line 32 of the amendment, strike all of section 21 and insert the following:

     "NEW SECTION. Sec. 21. FOR THE DEPARTMENT OF TRANSPORTATION--STATE HIGHWAY RESURFACING, RESTORATION, REHABILITATION, AND SAFETY--PROGRAM A

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         140,937,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           98,040,000

Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             3,460,000

Highway Heritage Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $                137,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         242,574,000

     The appropriations in this section are subject to the following conditions and limitations:

     (1) The appropriations in this section are provided for the location, design, right of way, and construction of state highway projects designated as category "A" under RCW 47.05.030.



     It is the intent that the appropriations in this section do not commit the governor nor the legislature to the transportation commission's proposed category "A" program update.

     (2) Up to $650,000 of the motor vehicle fund--state appropriation is provided solely for an inventory of drainage facilities; analysis of water sources entering the Washington department of transportation facilities; testing for contaminants; analyzing the flow of discharged stormwater; and developing a prioritization system that will enable the department to evaluate proposed construction projects with regard to their effects on sensitive water bodies.

     (3) Up to $1,326,000 of the motor vehicle fund--state appropriation is provided for fish passage barrier removal. The department of transportation shall cooperate with the department of fisheries to continue retrofit work now in progress, finalize the inventory, and begin additional projects as funds allow.

     (4) Up to $1,200,000 of the motor vehicle fund--state appropriation is provided for the state match for the scenic highways program. In the event the full state match is not required, the remainder shall revert to the motor vehicle fund for future appropriation.

     (5) The highway heritage account--state appropriation shall lapse if Substitute Senate Bill No. 5605 is not enacted by the legislature."

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendment by Senators Fraser and Vognild beginning on page 7, line 32, to the striking amendment by Senator Vognild to Substitute Senate Bill No. 5972.

     The motion by Senator Fraser carried and the amendment to the striking amendment was adopted.


MOTION


     Senator Vognild moved that the following amendment to the striking amendment be adopted:

     Beginning on page 8, line 29 of the amendment, strike all of section 22 and insert the following:

     "NEW SECTION. Sec. 22. FOR THE DEPARTMENT OF TRANSPORTATION--INTERSTATE HIGHWAY CONSTRUCTION--PROGRAM B

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           55,245,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         446,000,000

Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             4,000,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         505,245,000

     The appropriations in this section are provided for the location, design, right of way, and construction of state highway projects on the interstate system designated as category "B" under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations:

     (1) The motor vehicle fund--state appropriation includes a maximum of $53,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.790 and 47.10.801. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

     (2) Should cash flow demands exceed the motor vehicle fund--federal appropriation, the motor vehicle fund--state appropriation is increased proportionally to provide matching state funds from the sale of bonds authorized by RCW 47.10.801 and 47.10.790 not to exceed $10,000,000 and it is understood that the department shall seek authority to expend unanticipated receipts for the federal portion.

     (3) It is further recognized that the department may make use of federal cash flow obligations on interstate construction contracts in order to complete the interstate highway system as expeditiously as possible.

     (4) Up to $7,185,000 of the appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914). State funds needed for the federal match requirements shall be from the bonds sales proceeds not to exceed $1,437,000 as authorized by Senate Bill No. 5371. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation."

     Debate ensued.

     Senator Nelson demanded a roll call and the demand was sustained.

     Further debate ensued.

     The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Vognild beginning on page 8, line 29, to the striking amendment by Senator Vognild to Substitute Senate Bill No. 5972.


ROLL CALL


     The Secretary called the roll and the amendment to the striking amendment was adopted by the following vote: Yeas, 28; Nays, 19; Absent, 1; Excused, 1.

     Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.

     Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McDonald, Moyer, Nelson, Newhouse, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 19.

2   Absent: Senator Oke - 1.

     Excused: Senator McCaslin - 1.


MOTION


     Senator Vognild moved that the following amendment to the striking amendment be adopted:

     Beginning on page 9, line 31 of the amendment, strike all of section 23 and insert the following:

     "NEW SECTION. Sec. 23. FOR THE DEPARTMENT OF TRANSPORTATION--MAJOR NONINTERSTATE HIGHWAY CONSTRUCTION--PROGRAM C

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         144,878,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           67,000,000

Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             5,000,000

Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           48,150,000

Special Category C--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         166,833,000

Puyallup Tribal Settlement Account--

     State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                                                                                                  44,024,000

Puyallup Tribal Settlement Account--

     Private Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$             6,000,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         481,885,000

     The appropriations in this section are provided for the location, design, right of way acquisition, and construction of state highway projects designated as category "C" under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations:

     (1) The motor vehicle fund--state appropriation includes $68,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.790 and 47.10.801. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

     (2) Up to $44,000,000 of the motor vehicle fund--federal appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914). The motor vehicle fund--state appropriation includes $13,000,000 for the federal match requirements, which shall be from the bond sales proceeds as authorized by Senate Bill No. 5371. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation. No bond proceeds shall be used to pay for a federal demonstration study project.

     (3) The special category C fund--state appropriation of $166,833,000 includes $108,000,000 in proceeds from the sale of bonds authorized by Senate Bill No. 5343 for the 1st Avenue South Bridge in Seattle, North-South Corridor/Division Street improvements in Spokane, and selected sections of State Route 18. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation."

     Debate ensued.

     Senator Nelson demanded a roll call and the demand was sustained.

     Further debate ensued.

     The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Vognild beginning on page 9, line 31, to the striking amendment by Senator Vognild to Substitute Senate Bill No. 5972.


ROLL CALL


     The Secretary called the roll and the amendment to the striking amendment was adopted by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.

     Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 20.

     Excused: Senator McCaslin - 1.


MOTIONS


     On motion of Senator Vognild, the following amendment to the striking amendment was adopted:

     On page 12, beginning on line 9 of the amendment, strike all of section 28 and insert the following:

     "NEW SECTION. Sec. 28. FOR THE DEPARTMENT OF TRANSPORTATION--NONINTERSTATE BRIDGES--PROGRAM H

Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           40,027,000

Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$           71,000,000

Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $             1,000,000

                   TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$         112,027,000

     The appropriations in this section are provided to preserve the structural and operating integrity of existing bridges. It is the intent that this appropriation does not commit the governor nor the legislature to the transportation commission's proposed twenty-year bridge program."


     Senator Sheldon moved that the following amendment to the striking amendment be adopted:

     Beginning on page 16, line 11 of the amendment, strike all of section 36 and insert the following:

     "NEW SECTION. Sec. 36. FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X

Marine Operating Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $         237,309,000

     The appropriation in this section is subject to the following conditions and limitations:

     (1) The appropriation is based on the budgeted expenditure of $27,123,000 for vessel operating fuel in the 1993-95 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.

     (2) The appropriation contained in this section provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 1993-95 biennium may not exceed $159,183,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $324.20 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, and a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).

     The prescribed insurance benefit increase dollar amount that shall be allocated from the governor's compensation insurance benefits appropriation is in addition to the appropriation contained in this section and may be used to increase compensation costs, effective July 1, 1993, and July 1, 1994.

     (3) The appropriation in this section includes $250,000 to (a) ensure the marine division of the department of transportation's compliance with RCW 88.46.060 through a contractual agreement between Washington state ferries and the Washington state maritime commission and (b) assist Washington state ferries in oil spill prevention, planning, and education in accordance with chapter 43.21I RCW.

     (4) The appropriation in this section includes $154,000 for support of Clinton terminal agent expenses, but shall be expended only upon the construction of a new Clinton terminal.

     (5) The appropriation in this section includes $359,000 to provide, during the summer, eight hours of Issaquah vessel class service on the Edmonds/Kingston route. This amount shall be expended only if the super class vessel refurbishment program impacts super class vessel service on this route.

     (6) The appropriation in this section includes $185,000 to assess the ability of enhancing vessel maintenance for those routes that require extensive service schedules throughout the year by placing additional oiler staff hours on two routes during the 1993-94 fiscal year. The results of this maintenance approach shall be reported to the legislative transportation committee and the office of financial management by December 1, 1993.

     (7) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the operating program authorized in this section."

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendment by Senator Sheldon beginning on page 16, line 11, to the striking amendment by Senator Vognild to Substitute Senate Bill No. 5972.

     The motion by Senator Sheldon carried and the amendment to the striking amendment was adopted.


MOTION


     Senator Fraser moved that the following amendment by Senators Fraser and Rasmussen to the striking amendment be adopted:

     On page 23, after line 30 of the amendment, insert the following:

     "Sec. 55. RCW 43.99.070 and 1990 c 42 s 116 are each amended to read as follows:

     Upon expiration of the time limited by RCW 82.36.330 for claiming of refunds of tax on marine fuel, the state of Washington shall succeed to the right to such refunds. From time to time, but at least once each biennium, the director of licensing, after taking into account past and anticipated claims for refunds from and deposits to the marine fuel tax refund account and the costs of carrying out the provisions of RCW 43.99.030, shall request the state treasurer to transfer ((an amount equal to the proportion of the moneys in the account representing the motor vehicle fuel tax rate under RCW 82.36.025 in effect on January 1, 1990, to the outdoor recreation account and the remainder to the motor vehicle fund)) to the outdoor recreation account such of the moneys in the marine fuel tax refund account that are not required for payment of the refund claims or costs, and the state treasurer shall make the transfer.

     Sec. 56. RCW 46.09.170 and 1990 c 42 s 115 are each amended to read as follows:

     (1) From time to time, but at least once each year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW, ((based on the tax rate in effect January 1, 1990,)) less proper deductions for refunds and costs of collection as provided in RCW 46.68.090. The treasurer shall place these funds in the general fund as follows:

     (a) Forty percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for planning, maintenance, and management of ORV recreation facilities, nonhighway roads, and nonhighway road recreation facilities. The funds under this subsection shall be expended in accordance with the following limitations:

     (i) Not more than five percent may be expended for information programs under this chapter;

     (ii) Not less than ten percent and not more than fifty percent may be expended for ORV recreation facilities;

     (iii) Not more than twenty-five percent may be expended for maintenance of nonhighway roads;

     (iv) Not more than fifty percent may be expended for nonhighway road recreation facilities;

     (v) Ten percent shall be transferred to the interagency committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of natural resources maintains ORV facilities. This amount is in addition to those distributions made by the interagency committee for outdoor recreation under (d)(i) of this subsection;

     (b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of wildlife solely for the acquisition, planning, development, maintenance, and management of nonhighway roads and recreation facilities;

     (c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the maintenance and management of ORV use areas and facilities; and

     (d) Fifty-four and one-half percent, together with the funds received by the interagency committee for outdoor recreation under RCW 46.09.110, shall be credited to the outdoor recreation account to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV recreation facilities and nonhighway road recreation facilities; ORV user education and information; and ORV law enforcement programs. The funds under this subsection shall be expended in accordance with the following limitations:

     (i) Not more than twenty percent may be expended for ORV education, information, and law enforcement programs under this chapter;

     (ii) Not less than an amount equal to the funds received by the interagency committee for outdoor recreation under RCW 46.09.110 and not more than sixty percent may be expended for ORV recreation facilities;

     (iii) Not more than twenty percent may be expended for nonhighway road recreation facilities.

     (2) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.

     Sec. 57. RCW 46.10.170 and 1990 c 42 s 117 are each amended to read as follows:

     From time to time, but at least once each biennium, the department shall determine the amount or proportion of moneys paid to it as motor vehicle fuel tax, ((based on the tax rate in effect January 1, 1990,)) which is tax on snowmobile fuel. Such determination may be made in any manner which is, in the judgment of the director, reasonable, but the manner used to make such determination shall be reported at the end of each biennium to the legislature. To offset the actual cost of making such determination the treasurer shall retain in, and the department is authorized to expend from, the motor vehicle fund a sum equal to such actual cost."

     Renumber remaining sections consecutively and correct internal references accordingly.

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendment by Senators Fraser and Rasmussen on page 30, after line 30, to the striking amendment by Senator Vognild to Substitute Senate Bill No. 5972.

     The motion by Senator Fraser carried and the amendment to the striking amendment was adopted on a rising vote.

     The President declared the question before the Senate to be the adoption of the striking amendment, as amended, to Substitute Senate Bill No. 5972.

     The motion by Senator Vognild carried and the striking amendment, as amended, to Substitute Senate Bill No. 5972 was adopted.


MOTIONS


     On motion of Senator Vognild, the following title amendments were considered simultaneously and were adopted:

     On page 1, line 1 of the title, after "appropriations;" strike the remainder of the title and insert "amending RCW 47.86.030 and 82.44.180; adding a new section to chapter 46.01 RCW; adding a new section to chapter 47.60 RCW; creating new sections; repealing RCW 47.86.010, 47.86.020, 47.86.030, 47.86.035, 47.86.040, 47.86.050, 47.86.060, 47.86.900, and 47.86.901; and declaring an emergency."

     On page 24, beginning on line 5 of the title amendment, strike "and 82.44.180" and insert "82.44.180, 43.99.070, 46.09.170, and 46.10.170"

     On motion of Senator Vognild, the rules were suspended, Engrossed Substitute Senate Bill No. 5972 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5972.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5972 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 22; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Williams and Wojahn - 26.

     Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., Vognild, von Reichbauer, West and Winsley - 22.

     Excused: Senator McCaslin - 1.

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5972, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


     There being no objection, the President returned the Senate to the fourth order of business.


MESSAGE FROM THE HOUSE


April 9, 1993


MR. PRESIDENT:

     The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5304 with the following amendments:

     Strike everything after the enacting clause and insert the following:


"PART I. FINDINGS, GOALS, AND INTENT


     NEW SECTION. Sec. 101. FINDINGS. The legislature finds that our health and financial security are jeopardized by our ever increasing demand for medical care and by current medical insurance and medical system practices. Current medical system practices encourage public demand for unneeded, ineffective, and sometimes dangerous medical treatments. These practices often result in unaffordable cost increases that far exceed ordinary inflation for essential care. Current total medical and health care expenditure rates should be sufficient to provide access to essential health and medical care interventions to all within a reformed, efficient system.

     The legislature finds that too many of our state's residents are without medical insurance, that each year many individuals and families are forced into poverty because of serious illness, and that many must leave gainful employment to be eligible for publicly funded medical services. Additionally, thousands of citizens are at risk of losing adequate medical insurance, have had insurance canceled recently, or cannot afford to renew existing coverage.

     The legislature finds that businesses find it difficult to pay for medical insurance and remain competitive in a global economy, and that individuals, the poor, and small businesses bear an inequitable medical insurance burden.

     The legislature finds that persons of color have significantly higher rates of mortality, poor health outcomes, and substantially lower numbers and percentages of persons covered by health insurance than general population. It is intended that chapter . . ., Laws of 1993 (this act) make provisions to address the special health care needs of these racial and ethnic populations in order to improve their health status.

     The legislature finds that uncontrolled demand and expenditures for medical care are eroding the ability of families, businesses, communities, and governments to invest in other enterprises that promote health, maintain independence, and ensure continued economic welfare. Housing, nutrition, education, and the environment are all diminished as we invest ever increasing shares of wealth in medical treatments.

     The legislature finds that while immediate steps must be taken, a long-term plan of reform is also needed.

     NEW SECTION. Sec. 102. LEGISLATIVE INTENT AND GOALS. (1) The legislature intends that state government policy stabilize health services costs, assure access to essential services for all residents, actively address the health care needs of persons of color, improve the public's health, and reduce unwarranted health services costs to preserve the viability of nonmedical care businesses.

     (2) The legislature intends that:

     (a) Total health services costs be stabilized and kept within rates of increase similar to the rates of general economic inflation within a publicly regulated, private marketplace that preserves personal choice;

     (b) State residents be enrolled in the certified health plan of their choice that meets state standards regarding affordability, accessibility, cost-effectiveness, and clinically efficacious;

     (c) State residents be able to choose health services from the full range of health care providers, as defined in section 402(12) of this act, in a manner consistent with good health service management, quality assurance, and cost effectiveness;

     (d) Individuals and businesses have the option to purchase any health or medical services they may choose in addition to those contained in the uniform benefits package;

     (e) All state residents, businesses, employees, and government participate in payment for health services, with total costs to individuals on a sliding scale based on income to encourage efficient and appropriate utilization of services and to protect individuals from impoverishment because of health care costs;

     (f) These goals be accomplished within a reformed system using private service providers and facilities in a way that allows consumers to choose among competing plans operating within budget limits and other regulations that promote the public good; and

     (g) That a policy of facilitating communication and networking in the delivery, purchase, and provision of health services among the federal, state, local, and tribal governments be encouraged and accomplished by chapter . . ., Laws of 1993 (this act).

     (3) Accordingly, the legislature intends that chapter . . ., Laws of 1993 (this act) provide both early implementation measures and a process for overall reform of the health services system.


PART II. EARLY IMPLEMENTATION MEASURES

A. BASIC HEALTH PLAN EXPANSION


     NEW SECTION. Sec. 201. A new section is added to chapter 70.47 RCW to read as follows:

     TRANSFER OF POWER AND DUTIES TO WASHINGTON STATE HEALTH CARE AUTHORITY. The powers, duties, and functions of the Washington basic health plan are hereby transferred to the Washington state health care authority. All references to the administrator of the Washington basic health plan in the Revised Code of Washington shall be construed to mean the administrator of the Washington state health care authority.

     NEW SECTION. Sec. 202. TRANSFER OF RECORDS, EQUIPMENT, FUNDS. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Washington basic health plan shall be delivered to the custody of the Washington state health care authority. All cabinets, furniture, office equipment, motor vehicles, and other tangible property used by the Washington basic health plan shall be made available to the Washington state health care authority. All funds, credits, or other assets held by the Washington basic health plan shall be assigned to the Washington state health care authority.

     Any appropriations made to the Washington basic health plan shall, on the effective date of this section, be transferred and credited to the Washington state health care authority. At no time may those funds in the basic health plan trust account, any funds appropriated for the subsidy of any enrollees, or any premium payments or other sums made or received on behalf of any enrollees in the basic health plan be commingled with any appropriated funds designated or intended for the purposes of providing health care coverage to any state or other public employees.

     Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

     NEW SECTION. Sec. 203. TRANSFER OF EMPLOYEES. All employees of the Washington basic health plan are transferred to the jurisdiction of the Washington state health care authority. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state health care authority to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

     NEW SECTION. Sec. 204. RULES AND BUSINESS. All rules and all pending business before the Washington basic health plan shall be continued and acted upon by the Washington state health care authority. All existing contracts and obligations shall remain in full force and shall be performed by the Washington state health care authority.

     NEW SECTION. Sec. 205. VALIDITY OF PRIOR ACTS. The transfer of the powers, duties, functions, and personnel of the Washington basic health plan shall not affect the validity of any act performed prior to the effective date of this section.

     NEW SECTION. Sec. 206. APPORTIONMENT OF BUDGETED FUNDS. If apportionments of budgeted funds are required because of the transfers directed by sections 201 through 205 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

     NEW SECTION. Sec. 207. COLLECTIVE BARGAINING. Nothing contained in sections 201 through 206 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

     Sec. 208. RCW 70.47.010 and 1987 1st ex.s. c 5 s 3 are each amended to read as follows:

     BASIC HEALTH PLAN--FINDINGS. (1) The legislature finds that:

     (a) A significant percentage of the population of this state does not have reasonably available insurance or other coverage of the costs of necessary basic health care services;

     (b) This lack of basic health care coverage is detrimental to the health of the individuals lacking coverage and to the public welfare, and results in substantial expenditures for emergency and remedial health care, often at the expense of health care providers, health care facilities, and all purchasers of health care, including the state; and

     (c) The use of managed health care systems has significant potential to reduce the growth of health care costs incurred by the people of this state generally, and by low-income pregnant women ((who are an especially vulnerable population, along with their children)), and at-risk children and adolescents who need greater access to managed health care.

     (2) The purpose of this chapter is to provide or make more readily available necessary basic health care services in an appropriate setting to working persons and others who lack coverage, at a cost to these persons that does not create barriers to the utilization of necessary health care services. To that end, this chapter establishes a program to be made available to those residents ((under sixty-five years of age)) not ((otherwise)) eligible for medicare ((with gross family income at or below two hundred percent of the federal poverty guidelines)) or medical assistance who share in a portion of the cost or who pay the full cost of receiving basic health care services from a managed health care system.

     (3) It is not the intent of this chapter to provide health care services for those persons who are presently covered through private employer-based health plans, nor to replace employer-based health plans. However, the legislature recognizes that cost-effective and affordable health plans may not always be available to small business employers. Further, it is the intent of the legislature to expand, wherever possible, the availability of private health care coverage and to discourage the decline of employer-based coverage.

     (4) ((The program authorized under this chapter is strictly limited in respect to the total number of individuals who may be allowed to participate and the specific areas within the state where it may be established. All such restrictions or limitations shall remain in full force and effect until quantifiable evidence based upon the actual operation of the program, including detailed cost benefit analysis, has been presented to the legislature and the legislature, by specific act at that time, may then modify such limitations.))

     (a) It is the purpose of this chapter to acknowledge the initial success of this program that has (i) assisted thousands of families in their search for affordable health care; (ii) demonstrated that low-income, uninsured families are willing to pay for their own health care coverage to the extent of their ability to pay; and (iii) proved that local health care providers are willing to enter into a public-private partnership as a managed care system.

     (b) As a consequence, the legislature intends to extend an option to enroll to certain citizens above two hundred percent of the federal poverty guidelines within the state who reside in communities where the plan is operational and who collectively or individually wish to exercise the opportunity to purchase health care coverage through the basic health plan if the purchase is done at no cost to the state. It is also the intent of the legislature to allow employers and other financial sponsors to financially assist such individuals to purchase health care through the program. It is also the intent of the legislature to condition access to this plan for nonsubsidized enrollees upon the prior placement of subsidized enrollees, to the extent funding is available.

     (c) The legislature directs that the basic health plan administrator identify enrollees who are likely to be eligible for medical assistance and assist these individuals in applying for and receiving medical assistance. The administrator and the department of social and health services shall implement a seamless system to coordinate eligibility determinations and benefit coverage for enrollees of the basic health plan and medical assistance recipients.

     Sec. 209. RCW 70.47.020 and 1987 1st ex.s. c 5 s 4 are each amended to read as follows:

     BASIC HEALTH PLAN--DEFINITIONS. As used in this chapter:

     (1) "Washington basic health plan" or "plan" means the system of enrollment and payment on a prepaid capitated basis for basic health care services, administered by the plan administrator through participating managed health care systems, created by this chapter.

     (2) "Administrator" means the Washington basic health plan administrator, who also holds the position of administrator of the Washington state health care authority.

     (3) "Managed health care system" means any health care organization, including health care providers, insurers, health care service contractors, health maintenance organizations, or any combination thereof, that provides directly or by contract basic health care services, as defined by the administrator and rendered by duly licensed providers, on a prepaid capitated basis to a defined patient population enrolled in the plan and in the managed health care system. On and after July 1, 1995, "managed health care system" means a certified health plan, as defined in section 402 of this act.

     (4) "Subsidized enrollee" means an individual, or an individual plus the individual's spouse ((and/or)) or dependent children, ((all under the age of sixty-five and)) not ((otherwise)) eligible for medicare or medical assistance, who resides in an area of the state served by a managed health care system participating in the plan, whose gross family income at the time of enrollment does not exceed twice the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services, who chooses to obtain basic health care coverage from a particular managed health care system in return for periodic payments to the plan.

     (5) "Nonsubsidized enrollee" means an individual, or an individual plus the individual's spouse or dependent children, not eligible for medicare, who resides in an area of the state served by a managed health care system participating in the plan, who chooses to obtain basic health care coverage from a particular managed health care system and who pays or on whose behalf is paid the full costs for participation in the plan, without any subsidy from the plan.

     (6) "Subsidy" means the difference between the amount of periodic payment the administrator makes((, from funds appropriated from the basic health plan trust account,)) to a managed health care system on behalf of ((an)) a subsidized enrollee plus the administrative cost to the plan of providing the plan to that subsidized enrollee, and the amount determined to be the subsidized enrollee's responsibility under RCW 70.47.060(2).

     (((6))) (7) "Premium" means a periodic payment, based upon gross family income ((and determined under RCW 70.47.060(2),)) which an ((enrollee)) individual, their employer or another financial sponsor makes to the plan as consideration for enrollment in the plan as a subsidized enrollee or a nonsubsidized enrollee.

     (((7))) (8) "Rate" means the per capita amount, negotiated by the administrator with and paid to a participating managed health care system, that is based upon the enrollment of subsidized and nonsubsidized enrollees in the plan and in that system.

     Sec. 210. RCW 70.47.030 and 1992 c 232 s 907 are each amended to read as follows:

     ACCOUNTS. (1) The basic health plan trust account is hereby established in the state treasury. ((All)) Any nongeneral fund-state funds collected for this program shall be deposited in the basic health plan trust account and may be expended without further appropriation. Moneys in the account shall be used exclusively for the purposes of this chapter, including payments to participating managed health care systems on behalf of enrollees in the plan and payment of costs of administering the plan. ((After July 1, 1993, the administrator shall not expend or encumber for an ensuing fiscal period amounts exceeding ninety-five percent of the amount anticipated to be spent for purchased services during the fiscal year.))

     (2) The basic health plan subscription account is created in the custody of the state treasurer. All receipts from amounts due from or on behalf of nonsubsidized enrollees shall be deposited into the account. Funds in the account shall be used exclusively for the purposes of this chapter, including payments to participating managed health care systems on behalf of nonsubsidized enrollees in the plan and payment of costs of administering the plan. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

     (3) The administrator shall take every precaution to see that none of the funds in the separate accounts created in this section or that any premiums paid either by subsidized or nonsubsidized enrollees are commingled in any way, except that the administrator may combine funds designated for administration of the plan into a single administrative account.

     Sec. 211. RCW 70.47.040 and 1987 1st ex.s. c 5 s 6 are each amended to read as follows:

     BASIC HEALTH PLAN--PROGRAM WITHIN STATE HEALTH CARE AUTHORITY. (1) The Washington basic health plan is created as ((an independent agency of the state)) a program within the Washington state health care authority. The administrative head and appointing authority of the plan shall be the administrator ((who shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The salary for this office shall be set by the governor pursuant to RCW 43.03.040)) of the Washington state health care authority. The administrator shall appoint a medical director. The ((administrator,)) medical director((,)) and up to five other employees of the plan shall be exempt from the civil service law, chapter 41.06 RCW.

     (2) The administrator shall employ such other staff as are necessary to fulfill the responsibilities and duties of the administrator, such staff to be subject to the civil service law, chapter 41.06 RCW. In addition, the administrator may contract with third parties for services necessary to carry out its activities where this will promote economy, avoid duplication of effort, and make best use of available expertise. Any such contractor or consultant shall be prohibited from releasing, publishing, or otherwise using any information made available to it under its contractual responsibility without specific permission of the plan. The administrator may call upon other agencies of the state to provide available information as necessary to assist the administrator in meeting its responsibilities under this chapter, which information shall be supplied as promptly as circumstances permit.

     (3) The administrator may appoint such technical or advisory committees as he or she deems necessary. The administrator shall appoint a standing technical advisory committee that is representative of health care professionals, health care providers, and those directly involved in the purchase, provision, or delivery of health care services, as well as consumers and those knowledgeable of the ethical issues involved with health care public policy. Individuals appointed to any technical or other advisory committee shall serve without compensation for their services as members, but may be reimbursed for their travel expenses pursuant to RCW 43.03.050 and 43.03.060.

     (4) The administrator may apply for, receive, and accept grants, gifts, and other payments, including property and service, from any governmental or other public or private entity or person, and may make arrangements as to the use of these receipts, including the undertaking of special studies and other projects relating to health care costs and access to health care.

     (5) ((In the design, organization, and administration of the plan under this chapter, the administrator shall consider the report of the Washington health care project commission established under chapter 303, Laws of 1986. Nothing in this chapter requires the administrator to follow any specific recommendation contained in that report except as it may also be included in this chapter or other law)) Whenever feasible, the administrator shall reduce the administrative cost of operating the program by adopting joint policies or procedures applicable to both the basic health plan and employee health plans.

     Sec. 212. RCW 70.47.060 and 1992 c 232 s 908 are each amended to read as follows:

     ADMINISTRATOR'S POWERS AND DUTIES. The administrator has the following powers and duties:

     (1) To design and from time to time revise a schedule of covered basic health care services, including physician services, inpatient and outpatient hospital services, prescription drugs and medications, and other services that may be necessary for basic health care, which subsidized and nonsubsidized enrollees in any participating managed health care system under the Washington basic health plan shall be entitled to receive in return for premium payments to the plan. The schedule of services shall emphasize proven preventive and primary health care and shall include all services necessary for prenatal, postnatal, and well-child care. However, ((for the period ending June 30, 1993,)) with respect to coverage for groups of subsidized enrollees who are eligible to receive prenatal and postnatal services through the medical assistance program under chapter 74.09 RCW, the administrator shall not contract for ((prenatal or postnatal)) such services ((that are provided under the medical assistance program under chapter 74.09 RCW)) except to the extent that such services are necessary over not more than a one-month period in order to maintain continuity of care after diagnosis of pregnancy by the managed care provider((, or except to provide any such services associated with pregnancies diagnosed by the managed care provider before July 1, 1992)). The schedule of services shall also include a separate schedule of basic health care services for children, eighteen years of age and younger, for those subsidized or nonsubsidized enrollees who choose to secure basic coverage through the plan only for their dependent children. In designing and revising the schedule of services, the administrator shall consider the guidelines for assessing health services under the mandated benefits act of 1984, RCW 48.42.080, and such other factors as the administrator deems appropriate. On and after July 1, 1995, the uniform benefits package adopted and from time to time revised by the Washington health services commission pursuant to section 448 of this act shall be implemented by the administrator as the schedule of covered basic health care services. However, with respect to coverage for subsidized enrollees who are eligible to receive prenatal and postnatal services through the medical assistance program under chapter 74.09 RCW, the administrator shall not contract for such services except to the extent that the services are necessary over not more than a one-month period in order to maintain continuity of care after diagnosis of pregnancy by the managed care provider.

     (2)(a) To design and implement a structure of periodic premiums due the administrator from subsidized enrollees that is based upon gross family income, giving appropriate consideration to family size ((as well as)) and the ages of all family members. The enrollment of children shall not require the enrollment of their parent or parents who are eligible for the plan. The structure of periodic premiums shall be applied to subsidized enrollees entering the plan as individuals pursuant to subsection (9) of this section and to the share of the cost of the plan due from subsidized enrollees entering the plan as employees pursuant to subsection (10) of this section.

     (b) To determine the periodic premiums due the administrator from nonsubsidized enrollees. Premiums due from nonsubsidized enrollees shall be in an amount equal to the cost charged by the managed health care system provider to the state for the plan plus the administrative cost of providing the plan to those enrollees and the appropriate premium tax as provided by law.

     (c) An employer or other financial sponsor may, with the prior approval of the administrator, pay the premium, rate, or any other amount on behalf of a subsidized or nonsubsidized enrollee, by arrangement with the enrollee and through a mechanism acceptable to the administrator, but in no case shall the payment made on behalf of the enrollee exceed ninety-five percent of the total premiums due from the enrollee.

     (3) To design and implement a structure of ((nominal)) copayments due a managed health care system from subsidized and nonsubsidized enrollees. The structure shall discourage inappropriate enrollee utilization of health care services, but shall not be so costly to enrollees as to constitute a barrier to appropriate utilization of necessary health care services. On and after July 1, 1995, the administrator shall comply with schedules of enrollee point of service cost-sharing adopted by the Washington health services commission.

     (4) ((To design and implement, in concert with a sufficient number of potential providers in a discrete area, an enrollee financial participation structure, separate from that otherwise established under this chapter, that has the following characteristics:

     (a) Nominal premiums that are based upon ability to pay, but not set at a level that would discourage enrollment;

     (b) A modified fee-for-services payment schedule for providers;

     (c) Coinsurance rates that are established based on specific service and procedure costs and the enrollee's ability to pay for the care. However, coinsurance rates for families with incomes below one hundred twenty percent of the federal poverty level shall be nominal. No coinsurance shall be required for specific proven prevention programs, such as prenatal care. The coinsurance rate levels shall not have a measurable negative effect upon the enrollee's health status; and

     (d) A case management system that fosters a provider-enrollee relationship whereby, in an effort to control cost, maintain or improve the health status of the enrollee, and maximize patient involvement in her or his health care decision-making process, every effort is made by the provider to inform the enrollee of the cost of the specific services and procedures and related health benefits.

     The potential financial liability of the plan to any such providers shall not exceed in the aggregate an amount greater than that which might otherwise have been incurred by the plan on the basis of the number of enrollees multiplied by the average of the prepaid capitated rates negotiated with participating managed health care systems under RCW 70.47.100 and reduced by any sums charged enrollees on the basis of the coinsurance rates that are established under this subsection.

     (5))) To limit enrollment of persons who qualify for subsidies so as to prevent an overexpenditure of appropriations for such purposes. Whenever the administrator finds that there is danger of such an overexpenditure, the administrator shall close enrollment until the administrator finds the danger no longer exists.

     (5) To limit the payment of subsidies to subsidized enrollees, as defined in RCW 70.47.020.

     (6) To adopt a schedule for the orderly development of the delivery of services and availability of the plan to residents of the state, subject to the limitations contained in RCW 70.47.080 or any act appropriating funds for the plan.

     ((In the selection of any area of the state for the initial operation of the plan, the administrator shall take into account the levels and rates of unemployment in different areas of the state, the need to provide basic health care coverage to a population reasonably representative of the portion of the state's population that lacks such coverage, and the need for geographic, demographic, and economic diversity.

     Before July 1, 1988, the administrator shall endeavor to secure participation contracts with managed health care systems in discrete geographic areas within at least five congressional districts.))

     (7) To solicit and accept applications from managed health care systems, as defined in this chapter, for inclusion as eligible basic health care providers under the plan. The administrator shall endeavor to assure that covered basic health care services are available to any enrollee of the plan from among a selection of two or more participating managed health care systems. In adopting any rules or procedures applicable to managed health care systems and in its dealings with such systems, the administrator shall consider and make suitable allowance for the need for health care services and the differences in local availability of health care resources, along with other resources, within and among the several areas of the state. Contracts with participating managed health care systems shall ensure that basic health plan enrollees who become eligible for medical assistance may, at their option, continue to receive services from their existing providers within the managed health care system if such providers have entered into provider agreements with the department of social and health services.

     (8) To receive periodic premiums from or on behalf of subsidized and nonsubsidized enrollees, deposit them in the basic health plan operating account, keep records of enrollee status, and authorize periodic payments to managed health care systems on the basis of the number of enrollees participating in the respective managed health care systems.

     (9) To accept applications from individuals residing in areas served by the plan, on behalf of themselves and their spouses and dependent children, for enrollment in the Washington basic health plan as subsidized or nonsubsidized enrollees, to establish appropriate minimum-enrollment periods for enrollees as may be necessary, and to determine, upon application and at least ((annually)) semiannually thereafter, or at the request of any enrollee, eligibility due to current gross family income for sliding scale premiums. ((An enrollee who remains current in payment of the sliding-scale premium, as determined under subsection (2) of this section, and whose gross family income has risen above twice the federal poverty level, may continue enrollment unless and until the enrollee's gross family income has remained above twice the poverty level for six consecutive months, by making payment at the unsubsidized rate required for the managed health care system in which he or she may be enrolled.)) No subsidy may be paid with respect to any enrollee whose current gross family income exceeds twice the federal poverty level or, subject to RCW 70.47.110, who is a recipient of medical assistance or medical care services under chapter 74.09 RCW. If, as a result of an eligibility review, the administrator determines that a subsidized enrollee's income exceeds twice the federal poverty level and that the enrollee knowingly failed to inform the plan of such increase in income, the administrator may bill the enrollee for the subsidy paid on the enrollee's behalf during the period of time that the enrollee's income exceeded twice the federal poverty level. If a number of enrollees drop their enrollment for no apparent good cause, the administrator may establish appropriate rules or requirements that are applicable to such individuals before they will be allowed to re-enroll in the plan.

     (10) To accept applications from small business owners on behalf of themselves and their employees, spouses, and dependent children, as subsidized or nonsubsidized enrollees, who reside in an area served by the plan. The administrator may require all or the substantial majority of the eligible employees of such businesses to enroll in the plan and establish those procedures necessary to facilitate the orderly enrollment of groups in the plan and into a managed health care system. The administrator shall require that a small business owner pay at least fifty percent but not more than ninety-five percent of the nonsubsidized premium cost of the plan on behalf of each employee enrolled in the plan. For the purposes of this subsection, an employee means an individual who regularly works for the small business for at least twenty hours per week. The businesses may have no more than one hundred employees at the time of initial enrollment and enrollment is limited to those not eligible for medicare or medical assistance, who wish to enroll in the plan and choose to obtain the basic health care coverage and services from a managed care system participating in the plan. The administrator shall adjust the amount determined to be due on behalf of or from all such enrollees whenever the amount negotiated by the administrator with the participating managed health care system or systems is modified or the administrative cost of providing the plan to such enrollees changes.

     (11) To determine the rate to be paid to each participating managed health care system in return for the provision of covered basic health care services to enrollees in the system. Although the schedule of covered basic health care services will be the same for similar enrollees, the rates negotiated with participating managed health care systems may vary among the systems. In negotiating rates with participating systems, the administrator shall consider the characteristics of the populations served by the respective systems, economic circumstances of the local area, the need to conserve the resources of the basic health plan trust account, and other factors the administrator finds relevant.

     (((11))) (12) To monitor the provision of covered services to enrollees by participating managed health care systems in order to assure enrollee access to good quality basic health care, to require periodic data reports concerning the utilization of health care services rendered to enrollees in order to provide adequate information for evaluation, and to inspect the books and records of participating managed health care systems to assure compliance with the purposes of this chapter. In requiring reports from participating managed health care systems, including data on services rendered enrollees, the administrator shall endeavor to minimize costs, both to the managed health care systems and to the ((administrator)) plan. The administrator shall coordinate any such reporting requirements with other state agencies, such as the insurance commissioner and the department of health, to minimize duplication of effort.

     (((12) To monitor the access that state residents have to adequate and necessary health care services, determine the extent of any unmet needs for such services or lack of access that may exist from time to time, and make such reports and recommendations to the legislature as the administrator deems appropriate.))

     (13) To evaluate the effects this chapter has on private employer-based health care coverage and to take appropriate measures consistent with state and federal statutes that will discourage the reduction of such coverage in the state.

     (14) To develop a program of proven preventive health measures and to integrate it into the plan wherever possible and consistent with this chapter.

     (15) ((To provide, consistent with available resources, technical assistance for rural health activities that endeavor to develop needed health care services in rural parts of the state)) To endeavor to expand enrollment as much as possible to correspond to the proportion of persons of color in the community served using the best available data that estimates representation of persons of color and describe these efforts in its annual report.

     Sec. 213. RCW 70.47.080 and 1987 1st ex.s. c 5 s 10 are each amended to read as follows:

     ENROLLMENT. On and after July 1, 1988, the administrator shall accept for enrollment applicants eligible to receive covered basic health care services from the respective managed health care systems which are then participating in the plan. ((The administrator shall not allow the total enrollment of those eligible for subsidies to exceed thirty thousand.))

     Thereafter, total ((enrollment shall not exceed the number established by the legislature in any act appropriating funds to the plan.

     Before July 1, 1988, the administrator shall endeavor to secure participation contracts from managed health care systems in discrete geographic areas within at least five congressional districts of the state and in such manner as to allow residents of both urban and rural areas access to enrollment in the plan. The administrator shall make a special effort to secure agreements with health care providers in one such area that meets the requirements set forth in RCW 70.47.060(4))) subsidized enrollment shall not result in expenditures that exceed the total amount that has been made available by the legislature in any act appropriating funds to the plan. To the extent that new funding is appropriated for expansion, the administrator shall endeavor to secure participation contracts from managed health care systems in geographic areas of the state that are unserved by the plan at the time at which the new funding is appropriated. In the selection of any such areas the administrator shall take into account the levels and rates of unemployment in different areas of the state, the need to provide basic health care coverage to a population reasonably representative of the portion of the state's population that lacks such coverage, and the need for geographic, demographic, and economic diversity.

     The administrator shall at all times closely monitor growth patterns of enrollment so as not to exceed that consistent with the orderly development of the plan as a whole, in any area of the state or in any participating managed health care system. The annual or biennial enrollment limitations derived from operation of the plan under this section do not apply to nonsubsidized enrollees as defined in RCW 70.47.020(5).


B. EXPANDED MANAGED CARE FOR STATE EMPLOYEES


     Sec. 214. RCW 41.05.011 and 1990 c 222 s 2 are each amended to read as follows:

     DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter.

     (1) "Administrator" means the administrator of the authority.

     (2) "State purchased health care" or "health care" means medical and health care, pharmaceuticals, and medical equipment purchased with state and federal funds by the department of social and health services, the department of health, the basic health plan, the state health care authority, the department of labor and industries, the department of corrections, the department of veterans affairs, and local school districts.

     (3) "Authority" means the Washington state health care authority.

     (4) "Insuring entity" means an ((insurance carrier as defined in chapter 48.21 or 48.22)) insurer as defined in chapter 48.01 RCW, a health care service contractor as defined in chapter 48.44 RCW, or a health maintenance organization as defined in chapter 48.46 RCW. On and after July 1, 1995, "insuring entity" means a certified health plan, as defined in section 402 of this act.

     (5) "Flexible benefit plan" means a benefit plan that allows employees to choose the level of health care coverage provided and the amount of employee contributions from among a range of choices offered by the authority.

     (6) "Employee" includes all full-time and career seasonal employees of the state, whether or not covered by civil service; upon a determination by the administrator as provided in RCW 41.05.021(2), all employees of school districts; elected and appointed officials of the executive branch of government, including full-time members of boards, commissions, or committees; and includes any or all part-time and temporary employees under the terms and conditions established under this chapter by the authority; justices of the supreme court and judges of the court of appeals and the superior courts; and members of the state legislature or of the legislative authority of any county, city, or town who are elected to office after February 20, 1970. "Employee" also includes employees of a county, municipality, or other political subdivision of the state if the legislative authority of the county, municipality, or other political subdivision of the state seeks and receives the approval of the authority to provide any of its insurance programs by contract with the authority, as provided in RCW 41.04.205((, and employees of a school district if the board of directors of the school district seeks and receives the approval of the authority to provide any of its insurance programs by contract with the authority as provided in RCW 28A.400.350)) employees of employee organizations representing state civil service employees, at the option of each such employee organization, and, upon the determination provided for in RCW 41.05.021(2) by the administrator, employees of employee organizations currently pooled with employees of school districts for the purpose of purchasing insurance benefits, at the option of each such employee organization.

     (7) "Board" means the ((state)) public employees' benefits board established under RCW 41.05.055.

     Sec. 215. RCW 41.05.021 and 1990 c 222 s 3 are each amended to read as follows:

     HEALTH CARE AUTHORITY DUTIES. (1) The Washington state health care authority is created within the executive branch. The authority shall have an administrator appointed by the governor, with the consent of the senate. The administrator shall serve at the pleasure of the governor. The administrator may employ up to seven staff members, who shall be exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this chapter. The primary duties of the authority shall be to administer state employees' insurance benefits ((and to)), study state-purchased health care programs in order to maximize cost containment in these programs while ensuring access to quality health care, and implement state initiatives, joint purchasing strategies, and techniques for efficient administration that have potential application to all state-purchased health services. The authority's duties include, but are not limited to, the following:

     (((1))) (a) To administer a health care benefit program for employees as specifically authorized in RCW 41.05.065 and in accordance with the methods described in RCW 41.05.075, 41.05.140, and other provisions of this chapter;

     (((2))) (b) To analyze state-purchased health care programs and to explore options for cost containment and delivery alternatives for those programs that are consistent with the purposes of those programs, including, but not limited to:

     (((a))) (i) Creation of economic incentives for the persons for whom the state purchases health care to appropriately utilize and purchase health care services, including the development of flexible benefit plans to offset increases in individual financial responsibility;

     (((b))) (ii) Utilization of provider arrangements that encourage cost containment and ensure access to quality care, including but not limited to prepaid delivery systems, utilization review, and prospective payment methods;

     (((c))) (iii) Coordination of state agency efforts to purchase drugs effectively as provided in RCW 70.14.050;

     (((d))) (iv) Development of recommendations and methods for purchasing medical equipment and supporting services on a volume discount basis; and

     (((e))) (v) Development of data systems to obtain utilization data from state-purchased health care programs in order to identify cost centers, utilization patterns, provider and hospital practice patterns, and procedure costs, utilizing the information obtained pursuant to RCW 41.05.031;

     (((3))) (c) To analyze areas of public and private health care interaction;

     (((4))) (d) To provide information and technical and administrative assistance to the board;

     (((5))) (e) To review and approve or deny applications from counties, municipalities, and other political subdivisions of the state((, and school districts)) to provide state-sponsored insurance or self-insurance programs to their employees in accordance with the provisions of RCW 41.04.205 ((and 28A.400.350)), setting the premium contribution for approved groups as outlined in RCW 41.05.050;

     (((6))) (f) To appoint a health care policy technical advisory committee as required by RCW 41.05.150; and

      (((7))) (g) To promulgate and adopt rules consistent with this chapter as described in RCW 41.05.160.

     (2) The administrator shall determine the year in which the public employees' benefits board will undertake design and approval of insurance benefits plans for school district employees. Upon making that determination the administrator shall:

     (a) Provide written notification to the fiscal committees of the senate and the house of representatives. Such notification shall be given by January 1 of the year prior to which the administrator will begin purchasing insurance benefits on behalf of school district employees; and

     (b) Develop procedures necessary to ensure that the transition to insurance benefits purchasing by the administrator does not disrupt existing insurance contracts between school district employees and insurers.

     (3) The public employees' benefits board shall implement strategies to promote managed competition among employee health benefit plans by January 1, 1995, including but not limited to:

     (a) Standardizing the benefit package;

     (b) Soliciting competitive bids for the benefit package;

     (c) Limiting the state's contribution to a percent of the lowest priced sealed bid of a qualified plan within a geographical area. If the state's contribution is less than one hundred percent of the lowest priced sealed bid, employee financial contributions shall be structured on a sliding-scale basis related to household income;

     (d) Ensuring access to quality health services, including assuring reasonable access to local providers, especially for enrollees residing in rural areas;

     (e) Monitoring the impact of the approach under this subsection with regards to: Efficiencies in health service delivery, cost shifts to subscribers, access to and choice of managed care plans state-wide, and quality of health services. The health care authority shall also advise on the value of administering a benchmark employer-managed plan to promote competition among managed care plans. The health care authority shall report its findings and recommendations to the legislature by January 1, 1997.

     Sec. 216. RCW 41.05.050 and 1988 c 107 s 18 are each amended to read as follows:

     FERRY EMPLOYEES. (1) Every department, division, or separate agency of state government, and such county, municipal, or other political subdivisions as are covered by this chapter, shall provide contributions to insurance and health care plans for its employees and their dependents, the content of such plans to be determined by the authority. Contributions, paid by the county, the municipality, or other political subdivision for their employees, shall include an amount determined by the authority to pay such administrative expenses of the authority as are necessary to administer the plans for employees of those groups. All such contributions will be paid into the ((state)) public employees' health insurance account.

     (2) The contributions of any department, division, or separate agency of the state government, and such county, municipal, or other political subdivisions as are covered by this chapter, shall be set by the authority, subject to the approval of the governor for availability of funds as specifically appropriated by the legislature for that purpose. ((However,)) Insurance and health care contributions for ferry employees shall be governed by RCW 47.64.270 until December 31, 1996. On and after January 1, 1997, ferry employees shall enroll with certified health plans under chapter . . ., Laws of 1993 (this act).

     (3) The administrator with the assistance of the ((state)) public employees' benefits board shall survey private industry and public employers in the state of Washington to determine the average employer contribution for group insurance programs under the jurisdiction of the authority. Such survey shall be conducted during each even-numbered year but may be conducted more frequently. The survey shall be reported to the authority for its use in setting the amount of the recommended employer contribution to the employee insurance benefit program covered by this chapter. The authority shall transmit a recommendation for the amount of the employer contribution to the governor and the director of financial management for inclusion in the proposed budgets submitted to the legislature.

     Sec. 217. RCW 41.05.055 and 1989 c 324 s 1 are each amended to read as follows:

     PUBLIC EMPLOYEES' BENEFITS BOARD--SCHOOL DISTRICT EMPLOYEES. (1) The ((state)) public employees' benefits board is created within the authority. The function of the board is to design and approve insurance benefit plans for state employees and upon a determination by the administrator as provided in RCW 41.05.021(2), school district employees.

     (2) Beginning in the year in which the administrator determines that the public employees' benefits board will undertake design and approval of insurance benefits plans for school district employees, as provided in RCW 41.05.021(2), the board shall be composed of ((seven)) nine members appointed by the governor as follows:

     (a) ((Three)) Two representatives of state employees, ((one of whom shall represent an employee association certified as exclusive representative of at least one bargaining unit of classified employees,)) one of whom shall represent an employee union certified as exclusive representative of at least one bargaining unit of classified employees, and one of whom is retired, is covered by a program under the jurisdiction of the board, and represents an organized group of retired public employees;

     (b) Two representatives of school district employees, one of whom shall represent an association of school employees and one of whom is retired, and represents an organized group of retired school employees;

     ((Three)) (c) Four members with experience in health benefit management and cost containment; and

     (((c))) (d) The administrator.

     Prior to that year, the composition of the public employees benefits board shall reflect its composition on January 1, 1993.

     (3) The governor shall appoint the initial members of the board to staggered terms not to exceed four years. Members appointed thereafter shall serve two-year terms. Members of the board shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for their travel expenses while on official business in accordance with RCW 43.03.050 and 43.03.060. The board shall prescribe rules for the conduct of its business. The administrator shall serve as chair of the board. Meetings of the board shall be at the call of the chair.

     Sec. 218. RCW 41.05.065 and 1988 c 107 s 8 are each amended to read as follows:

     EMPLOYEE BENEFIT PLANS--STANDARDS. (1) The board shall study all matters connected with the provision of health care coverage, life insurance, liability insurance, accidental death and dismemberment insurance, and disability income insurance or any of, or a combination of, the enumerated types of insurance for employees and their dependents on the best basis possible with relation both to the welfare of the employees and to the state((: PROVIDED, That)), however liability insurance shall not be made available to dependents.

     (2) The ((state)) public employees' benefits board shall develop employee benefit plans that include comprehensive health care benefits for all employees. In developing these plans, the board shall consider the following elements:

     (a) Methods of maximizing cost containment while ensuring access to quality health care;

     (b) Development of provider arrangements that encourage cost containment and ensure access to quality care, including but not limited to prepaid delivery systems and prospective payment methods;

     (c) Wellness incentives that focus on proven strategies, such as smoking cessation, exercise, ((and)) automobile and motorcycle safety, blood cholesterol reduction, and nutrition education;

     (d) Utilization review procedures including, but not limited to prior authorization of services, hospital inpatient length of stay review, requirements for use of outpatient surgeries and second opinions for surgeries, review of invoices or claims submitted by service providers, and performance audit of providers; ((and))

     (e) Effective coordination of benefits;

     (f) Minimum standards for insuring entities; and

     (g) Minimum scope and content of standard benefit plans to be offered to enrollees participating in the employee health benefit plans. On and after July 1, 1995, the uniform benefits package shall constitute the minimum level of health benefits offered to employees. To maintain the comprehensive nature of employee health care benefits, the benefits provided to employees shall be substantially equivalent to the state employees' health benefits plan in effect on January 1, 1993.

     (3) The board shall design benefits and determine the terms and conditions of employee participation and coverage, including establishment of eligibility criteria.

     (4) The board shall attempt to achieve enrollment of all employees and retirees in managed health care systems by July 1994.

     The board may authorize premium contributions for an employee and the employee's dependents in a manner that encourages the use of cost-efficient managed health care systems. ((Such authorization shall require a vote of five members of the board for approval.))

     (5) Employees ((may)) shall choose participation in ((only)) one of the health care benefit plans developed by the board, but employees may choose to obtain employee only coverage or employee and dependent coverage.

     (6) The board shall review plans proposed by insurance carriers that desire to offer property insurance and/or accident and casualty insurance to state employees through payroll deduction. The board may approve any such plan for payroll deduction by carriers holding a valid certificate of authority in the state of Washington and which the board determines to be in the best interests of employees and the state. The board shall promulgate rules setting forth criteria by which it shall evaluate the plans.

     Sec. 219. RCW 41.05.120 and 1991 sp.s. c 13 s 100 are each amended to read as follows:

     PUBLIC EMPLOYEES' INSURANCE ACCOUNT. (1) The ((state)) public employees' insurance account is hereby established in the custody of the state treasurer, to be used by the administrator for the deposit of contributions, reserves, dividends, and refunds, and for payment of premiums for employee insurance benefit contracts. Moneys from the account shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the administrator.

     (2) The state treasurer and the state investment board may invest moneys in the ((state)) public employees' insurance account. All such investments shall be in accordance with RCW 43.84.080 or 43.84.150, whichever is applicable. The administrator shall determine whether the state treasurer or the state investment board or both shall invest moneys in the ((state)) public employees' insurance account.

     Sec. 220. RCW 41.05.140 and 1988 c 107 s 12 are each amended to read as follows:

     PUBLIC EMPLOYEES' INSURANCE RESERVE FUND. (1) The authority may self-fund or self-insure for public employees' benefits plans, but shall also enter into other methods of providing insurance coverage for insurance programs under its jurisdiction except property and casualty insurance. The authority shall contract for payment of claims or other administrative services for programs under its jurisdiction. If a program does not require the prepayment of reserves, the authority shall establish such reserves within a reasonable period of time for the payment of claims as are normally required for that type of insurance under an insured program. Reserves established by the authority shall be held in a separate trust fund by the state treasurer and shall be known as the ((state)) public employees' insurance reserve fund. The state investment board shall act as the investor for the funds and, except as provided in RCW 43.33A.160, one hundred percent of all earnings from these investments shall accrue directly to the ((state)) public employees' insurance reserve fund.

     (2) Any savings realized as a result of a program created under this section shall not be used to increase benefits unless such use is authorized by statute.

     (3) Any program created under this section shall be subject to the examination requirements of chapter 48.03 RCW as if the program were a domestic insurer. In conducting an examination, the commissioner shall determine the adequacy of the reserves established for the program.

     (4) The authority shall keep full and adequate accounts and records of the assets, obligations, transactions, and affairs of any program created under this section.

     (5) The authority shall file a quarterly statement of the financial condition, transactions, and affairs of any program created under this section in a form and manner prescribed by the insurance commissioner. The statement shall contain information as required by the commissioner for the type of insurance being offered under the program. A copy of the annual statement shall be filed with the speaker of the house of representatives and the president of the senate.

     NEW SECTION. Sec. 221. A new section is added to chapter 41.05 RCW to read as follows:

     MEDICARE SUPPLEMENTAL BENEFITS. (1) Notwithstanding any other provisions of this chapter, if a waiver of the medicare statute, as provided in section 468 of this act, is not obtained prior to June 30, 1995, the administrator shall develop at least two medical plans for retirees eligible for medicare. One of the packages shall include coverage for prescription drugs. The packages shall be offered beginning July 1, 1996, and until a medicare waiver is obtained, to any public employee eligible for medicare benefits.

     (2) The administrator may:

     (a) Offer a self-funded medical plan for retired state employees eligible for medicare that includes all services available in the uniform benefits package to the extent they are not covered by medicare; and

     (b) Offer medical plans for all other retired public employees eligible for medicare that conform to the requirements of chapter 48.66 RCW.

     (3) The medical plans for retirees eligible for medicare shall be administered and shall have rates calculated as a distinct experience pool.

     (4) To the extent that funding is made available specifically for this purpose, the administrator shall establish subsidies for low-income retired public employees' premium and cost-sharing payments.

     Sec. 222. RCW 47.64.270 and 1988 c 107 s 21 are each amended to read as follows:

     FERRY EMPLOYEES--ENROLLMENT IN CERTIFIED HEALTH PLANS. Until December 31, 1996, absent a collective bargaining agreement to the contrary, the department of transportation shall provide contributions to insurance and health care plans for ferry system employees and dependents, as determined by the state health care authority, under chapter 41.05 RCW((.)); and the ferry system management and employee organizations may collectively bargain for other insurance and health care plans, and employer contributions may exceed that of other state agencies as provided in RCW 41.05.050, subject to RCW 47.64.180. On January 1, 1997, ferry employees shall enroll in certified health plans under the provisions of chapter . . ., Laws of 1993 (this act). To the extent that ferry employees by bargaining unit have absorbed the required offset of wage increases by the amount that the employer's contribution for employees' and dependents' insurance and health care plans exceeds that of other state general government employees in the 1985-87 fiscal biennium, employees shall not be required to absorb a further offset except to the extent the differential between employer contributions for those employees and all other state general government employees increases during any subsequent fiscal biennium. If such differential increases in the 1987-89 fiscal biennium or the 1985-87 offset by bargaining unit is insufficient to meet the required deduction, the amount available for compensation shall be reduced by bargaining unit by the amount of such increase or the 1985-87 shortage in the required offset. Compensation shall include all wages and employee benefits.

     Sec. 223. RCW 28A.400.200 and 1990 1st ex.s. c 11 s 2 and 1990 c 33 s 381 are each reenacted and amended to read as follows:

     SCHOOL DISTRICT EMPLOYEES--EMPLOYER CONTRIBUTIONS. (1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.

     (2)(a) Salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the state-wide salary allocation schedule for an employee with a baccalaureate degree and zero years of service; and

     (b) Salaries for certificated instructional staff with a masters degree shall not be less than the salary provided in the appropriations act in the state-wide salary allocation schedule for an employee with a masters degree and zero years of service;

     (3)(a) The actual average salary paid to basic education certificated instructional staff shall not exceed the district's average basic education certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410.

     (b) Fringe benefit contributions for basic education certificated instructional staff shall be included as salary under (a) of this subsection only to the extent that the district's actual average benefit contribution exceeds the ((greater of: (i) The formula amount for insurance benefits)) amount of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable((; or (ii) the actual average amount provided by the school district in the 1986-87 school year)). For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210((, or)); employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. A school district may not use state funds to provide employer contributions for such excess health benefits.

     (c) Salary and benefits for certificated instructional staff in programs other than basic education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program.

     (4) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, additional responsibilities, or incentives. Supplemental contracts shall not cause the state to incur any present or future funding obligation. Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380. No district may enter into a supplemental contract under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 3 of the state Constitution.

     (5) Employee benefit plans offered by any district shall comply with RCW 28A.400.350 and 28A.400.275 and 28A.400.280.

     Sec. 224. RCW 28A.400.350 and 1990 1st ex.s. c 11 s 3 and 1990 c 74 s 1 are each reenacted and amended to read as follows:

     SCHOOL DISTRICTS--HEALTH CARE COVERAGE ONLY BY CONTRACTS WITH THE STATE HEALTH CARE AUTHORITY. (1) The board of directors of any of the state's school districts may make available liability, life, health, health care, accident, disability and salary protection or insurance or any one of, or a combination of the enumerated types of insurance, or any other type of insurance or protection, for the members of the boards of directors, the students, and employees of the school district, and their dependents. Such coverage may be provided by contracts with private carriers, with the state health care authority after July 1, 1990, pursuant to the approval of the authority administrator, or through self-insurance or self-funding pursuant to chapter 48.62 RCW, or in any other manner authorized by law. Except for health benefits purchased with nonstate funds as provided in RCW 28A.400.200, upon the making of a determination provided for in RCW 41.05.021(2) by the administrator of the state health care authority, health care coverage, life insurance, liability insurance, accidental death and dismemberment insurance, and disability income insurance shall be provided only by contracts with the state health care authority.

     (2) Whenever funds are available for these purposes the board of directors of the school district may contribute all or a part of the cost of such protection or insurance for the employees of their respective school districts and their dependents. The premiums on such liability insurance shall be borne by the school district.

     After October 1, 1990, school districts may not contribute to any employee protection or insurance other than liability insurance unless the district's employee benefit plan conforms to RCW 28A.400.275 and 28A.400.280.

     (3) For school board members and students, the premiums due on such protection or insurance shall be borne by the assenting school board member or student((: PROVIDED, That)). The school district may contribute all or part of the costs, including the premiums, of life, health, health care, accident or disability insurance which shall be offered to all students participating in interschool activities on the behalf of or as representative of their school or school district. The school district board of directors may require any student participating in extracurricular interschool activities to, as a condition of participation, document evidence of insurance or purchase insurance that will provide adequate coverage, as determined by the school district board of directors, for medical expenses incurred as a result of injury sustained while participating in the extracurricular activity. In establishing such a requirement, the district shall adopt regulations for waiving or reducing the premiums of such coverage as may be offered through the school district to students participating in extracurricular activities, for those students whose families, by reason of their low income, would have difficulty paying the entire amount of such insurance premiums. The district board shall adopt regulations for waiving or reducing the insurance coverage requirements for low-income students in order to assure such students are not prohibited from participating in extracurricular interschool activities.

     (4) All contracts for insurance or protection written to take advantage of the provisions of this section shall provide that the beneficiaries of such contracts may utilize on an equal participation basis the services of those practitioners licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57, and 18.71 RCW.


C. CONSOLIDATED STATE HEALTH CARE PURCHASING AGENT


     NEW SECTION. Sec. 225. A new section is added to Title 43 RCW to read as follows:

     STATE HEALTH SERVICES AGENT. (1) The health care authority is hereby designated as the single state agent for purchasing health services.

     (2) On and after July 1, 1995, at least the following state-purchased health services programs shall be merged into a single, community-rated risk pool: The basic health plan; health benefits for active employees of school districts, to the extent that the administrator has made a determination under RCW 41.05.021(2); and health benefits for active state employees. Until that date, in purchasing health services, the health care authority shall maintain separate experience pools for each of the programs in this subsection. The administrator may develop mechanisms to ensure that the cost of comparable benefits packages does not vary widely across the experience pools. At the earliest opportunity the governor shall seek necessary federal waivers and state legislation to place the medical and acute care components of the medical assistance program, the limited casualty program, and the medical care services program of the department of social and health services in this single risk pool. Long-term care services that are provided under the medical assistance program shall not be placed in the single risk pool until such services have been added to the uniform benefits package. On or before January 1, 1997, the governor shall submit necessary legislation to place the purchasing of health benefits for persons incarcerated in institutions administered by the department of corrections into the single community-rated risk pool effective on and after July 1, 1997.

     (3) At a minimum, and regardless of other legislative enactments, the state health services purchasing agent shall:

     (a) Require that a public agency that provides subsidies for a substantial portion of services now covered under the basic health plan or a uniform benefits package as adopted by the Washington health services commission as provided in section 448 of this act, use uniform eligibility processes, insofar as may be possible, and ensure that multiple eligibility determinations are not required;

     (b) Require that a health care provider or a health care facility that receives funds from a public program provide care to state residents receiving a state subsidy who may wish to receive care from them, and that a health maintenance organization, health care service contractor, insurer, or certified health plan that receives funds from a public program accept enrollment from state residents receiving a state subsidy who may wish to enroll with them;

     (c) Strive to integrate purchasing for all publicly sponsored health services in order to maximize the cost control potential and promote the most efficient methods of financing and coordinating services;

     (d) Annually suggest changes in state and federal law and rules to bring all publicly funded health programs in compliance with the goals and intent of chapter . . ., Laws of 1993 (this act);

     (e) Consult regularly with the governor, the legislature, and state agency directors whose operations are affected by the implementation of this section;

     (f) Ensure that procedures and due process guarantees no less beneficial than those available under federal and state law to participants in the medical assistance, limited casualty, and medical care services programs are provided to all persons who, but for the federal waivers and state legislation procured under subsection (1) of this section, would be eligible for those programs.

     NEW SECTION. Sec. 226. A new section is added to chapter 41.05 RCW to read as follows:

     WASHINGTON STATE GROUP PURCHASING ASSOCIATION. (1) The Washington state group purchasing association is established for the purpose of coordinating and enhancing the health care purchasing power of the groups identified in subsection (2) of this section. The purchasing association shall be administered by the administrator.

     (2) The following organizations or entities may seek the approval of the administrator for membership in the purchasing association:

     (a) Private nonprofit human services provider organizations under contract with state agencies, on behalf of their employees and their employees' spouses and dependent children;

     (b) Individuals providing in-home long-term care services to persons whose care is financed in whole or in part through the medical assistance personal care or community options program entry system program as provided in chapter 74.09 RCW, or the chore services program, as provided in chapter 74.08 RCW, on behalf of themselves and their spouses and dependent children;

     (c) Owners and operators of child day care centers and family child care homes licensed under chapter 74.15 RCW and of preschool or other child care programs exempted from licensing under chapter 74.15 RCW on behalf of themselves and their employees and employees' spouses and dependent children; and

     (d) Foster parents contracting with the department of social and health services under chapter 74.13 RCW and licensed under chapter 74.15 RCW on behalf of themselves and their spouses and dependent children.

     (3) In administering the purchasing association, the administrator shall:

     (a) Negotiate and enter into contracts on behalf of the purchasing association's members in conjunction with its contracting and purchasing activities for employee benefit plans under RCW 41.05.075. In negotiating and contracting with insuring entities on behalf of employees and purchasing association members, distinct experience pools shall be maintained.

     (b) Review and approve or deny applications from entities seeking membership in the purchasing association:

     (i) The administrator may require all or the substantial majority of the employees of the organizations or entities listed in subsection (2) of this section to enroll in the purchasing association.

     (ii) The administrator shall require, that as a condition of membership in the purchasing association, an entity or organization listed in subsection (2) of this section that employs individuals pay at least fifty percent of the cost of the insurance coverage for each employee enrolled in the purchasing association.

     (iii) In offering and administering the purchasing association, the administrator may not discriminate against individuals or groups based on age, gender, geographic area, industry, or medical history.

     (4) On and after July 1, 1995, the uniform benefits package and schedule of premiums and point of service cost-sharing adopted and from time to time revised by the health services commission pursuant to chapter . . ., Laws of 1993 (this act) shall be applicable to the association.

     (5) The administrator shall adopt preexisting condition coverage provisions for the association as provided in sections 279 through 282 of this act.

     (6) Except to the extent that funds are appropriated specifically for this purpose, include its reasonable administrative and marketing costs in premiums charged to members of the purchasing association.

     (7)(a) The Washington state group purchasing association account is established in the custody of the state treasurer, to be used by the administrator for the deposit of premium payments from individuals and entities described in subsection (2) of this section, and for payment of premiums for benefit contracts entered into on behalf of the purchasing association's participants and operating expenses incurred by the authority in the administration of benefit contracts under this section. Moneys from the account shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the administrator.

     (b) Disbursements from the account are not subject to appropriations, but shall be subject to the allotment procedure provided under chapter 43.88 RCW.

     NEW SECTION. Sec. 227. A new section is added to chapter 41.05 RCW to read as follows:

     MARKETING PLAN. The administrator shall develop a marketing plan for the basic health plan and the Washington state group purchasing association. The plan shall be targeted to individuals and entities eligible to enroll in the two programs and provide clear and understandable explanations of the programs and enrollment procedures. The plan also shall incorporate special efforts to reach communities and people of color.

     NEW SECTION. Sec. 228. WASHINGTON STATE GROUP PURCHASING ASSOCIATION--REPEAL. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1998:

     (1) RCW 41.05.___ and 1993 c ___ s 226 (section 226 of this act); and

     (2) RCW 41.05.___ and 1993 c ___ s 227 (section 227 of this act).

     NEW SECTION. Sec. 229. TRANSFER OF AUTHORITY TO PURCHASE SERVICES FROM COMMUNITY HEALTH CENTERS. (1) State general funds appropriated to the department of health for the purposes of funding community health centers to provide primary medical and dental care services, migrant health services, and maternity health care services shall be transferred to the state health care authority. Any related administrative funds expended by the department of health for this purpose shall also be transferred to the health care authority. The health care authority shall exclusively expend these funds through contracts with community health centers to provide primary medical and dental care services, migrant health services, and maternity health care services. The administrator of the health care authority shall establish requirements necessary to assure community health centers provide quality health care services that are appropriate and effective and are delivered in a cost-efficient manner. The administrator shall further assure that community health centers have appropriate referral arrangements for acute care and medical specialty services not provided by the community health centers.

     (2) To further the intent of chapter . . ., Laws of 1993 (this act), the health care authority, in consultation with the department of health, shall evaluate the organization and operation of the federal and state-funded community health centers and other not-for-profit health care organizations and propose recommendations to the health services commission and the health policy committees of the legislature by November 30, 1994, that identify changes to permit community health centers and other not-for-profit health care organizations to form certified health plans or other innovative health care delivery arrangements that help ensure access to primary health care services consistent with the purposes of chapter . . ., Laws of 1993 (this act).


D. HEALTH CARE PROVIDER CONFLICT OF INTEREST STANDARDS


     Sec. 230. RCW 19.68.010 and 1973 1st ex.s. c 26 s 1 are each amended to read as follows:

     FINANCIAL INTEREST IN HEALTH CARE FACILITIES--LIST OF ALTERNATIVE FACILITIES TO BE PROVIDED. It shall be unlawful for any person, firm, corporation or association, whether organized as a cooperative, or for profit or nonprofit, to pay, or offer to pay or allow, directly or indirectly, to any person licensed by the state of Washington to engage in the practice of medicine and surgery, drugless treatment in any form, dentistry, or pharmacy and it shall be unlawful for such person to request, receive or allow, directly or indirectly, a rebate, refund, commission, unearned discount or profit by means of a credit or other valuable consideration in connection with the referral of patients to any person, firm, corporation or association, or in connection with the furnishings of medical, surgical or dental care, diagnosis, treatment or service, on the sale, rental, furnishing or supplying of clinical laboratory supplies or services of any kind, drugs, medication, or medical supplies, or any other goods, services or supplies prescribed for medical diagnosis, care or treatment((: PROVIDED, That)). Ownership of a financial interest in any firm, corporation or association which furnishes any kind of clinical laboratory or other services prescribed for medical, surgical, or dental diagnosis shall not be prohibited under this section where (1) the referring practitioner affirmatively discloses to the patient in writing, the fact that such practitioner has a financial interest in such firm, corporation, or association; and (2) the referring practitioner provides the patient with a list of effective alternative facilities, informs the patient that he or she has the option to use one of the alternative facilities, and assures the patient that he or she will not be treated differently by the referring practitioner if the patient chooses one of the alternative facilities.

     Any person violating the provisions of this section is guilty of a misdemeanor.


E. PUBLIC HEALTH FINANCING AND GOVERNANCE


     Sec. 231. RCW 70.05.010 and 1967 ex.s. c 51 s 1 are each amended to read as follows:

     DEFINITIONS--DEPARTMENT OF HEALTH. For the purposes of chapters 70.05 and 70.46 RCW ((and RCW 70.46.020 through 70.46.090)) and unless the context thereof clearly indicates to the contrary:

     (1) "Local health departments" means the ((city, town,)) county or district which provides public health services to persons within the area;

     (2) "Local health officer" means the legally qualified physician who has been appointed as the health officer for the ((city, town,)) county or district public health department;

     (3) "Local board of health" means the ((city, town,)) county or district board of health.

     (4) "Health district" means ((all territory encompassed within a single county and all cities and towns therein except cities with a population of over one hundred thousand, or)) all the territory consisting of one or more counties ((and all the cities and towns in all of the combined counties except cities of over one hundred thousand population which have been combined and)) organized pursuant to the provisions of chapters 70.05 and 70.46 RCW ((and RCW 70.46.020 through 70.46.090: PROVIDED, That cities with a population of over one hundred thousand may be included in a health district as provided in RCW 70.46.040)).

     (5) "Department" means the department of health.

     Sec. 232. RCW 70.05.030 and 1967 ex.s. c 51 s 3 are each amended to read as follows:

     LOCAL BOARD OF HEALTH--COUNTIES WITHOUT HOME RULE CHARTER--JURISDICTION. In counties without a home rule charter, the board of county commissioners ((of each and every county in this state, except where such county is a part of a health district or is purchasing services under a contract as authorized by chapter 70.05 RCW and RCW 70.46.020 through 70.46.090,)) shall constitute the local board of health ((for such county, and said local board of health's jurisdiction)), unless the county is part of a health district pursuant to chapter 70.46 RCW. The jurisdiction of the local board of health shall be coextensive with the boundaries of said county((, except that nothing herein contained shall give said board jurisdiction in cities of over one hundred thousand population or in such other cities and towns as are providing health services which meet health standards pursuant to RCW 70.46.090)).

     Sec. 233. RCW 70.05.040 and 1984 c 25 s 1 are each amended to read as follows:

     LOCAL BOARD OF HEALTH--VACANCIES. The local board of health shall elect a ((chairman)) chair and may appoint an administrative officer. A local health officer shall be appointed pursuant to RCW 70.05.050. Vacancies on the local board of health shall be filled by appointment within thirty days and made in the same manner as was the original appointment. At the first meeting of the local board of health, the members shall elect a ((chairman)) chair to serve for a period of one year. ((In home rule charter counties that have a local board of health established under RCW 70.05.050, the administrative officer may be appointed by the official designated under the county's charter.))

     NEW SECTION. Sec. 234. A new section is added to chapter 70.05 RCW to read as follows:

     HOME RULE CHARTER--LOCAL BOARD OF HEALTH. In counties with a home rule charter, the county legislative authority shall establish a local board of health and may prescribe the membership and selection process for the board. The jurisdiction of the local board of health shall be coextensive with the boundaries of the county. The local health officer, as described in RCW 70.05.050, shall be appointed by the official designated under the provisions of the county charter. The same official designated under the provisions of the county charter may appoint an administrative officer, as described in RCW 70.05.045.

     Sec. 235. RCW 70.05.050 and 1984 c 25 s 5 are each amended to read as follows:

     LOCAL HEALTH OFFICER. ((Each local board of health, other than boards which are established under RCW 70.05.030 and which are located in counties having home rule charters, shall appoint a local health officer. In home rule charter counties which have a local board of health established under RCW 70.05.030, the local health officer shall be appointed by the official designated under the provisions of the county's charter.))

     The local health officer shall be an experienced physician licensed to practice medicine and surgery or osteopathy and surgery in this state and who is qualified or provisionally qualified in accordance with the standards prescribed in RCW 70.05.051 through 70.05.055 to hold the office of local health officer. No term of office shall be established for the local health officer but ((he)) the local health officer shall not be removed until after notice is given ((him)), and an opportunity for a hearing before the board or official responsible for his or her appointment under this section as to the reason for his or her removal. ((He)) The local health officer shall act as executive secretary to, and administrative officer for the local board of health and shall also be empowered to employ such technical and other personnel as approved by the local board of health except where the local board of health has appointed an administrative officer under RCW 70.05.040. The local health officer shall be paid such salary and allowed such expenses as shall be determined by the local board of health.

     Sec. 236. RCW 70.05.070 and 1991 c 3 s 309 are each amended to read as follows:

     LOCAL HEALTH OFFICER DUTIES. The local health officer, acting under the direction of the local board of health or under direction of the administrative officer appointed under RCW 70.05.040 or section 234 of this act, if any, shall:

     (1) Enforce the public health statutes of the state, rules of the state board of health and the secretary of health, and all local health rules, regulations and ordinances within his or her jurisdiction including imposition of penalties authorized under RCW 70.119A.030 and filing of actions authorized by RCW 43.70.190;

     (2) Take such action as is necessary to maintain health and sanitation supervision over the territory within his or her jurisdiction;

     (3) Control and prevent the spread of any dangerous, contagious or infectious diseases that may occur within his or her jurisdiction;

     (4) Inform the public as to the causes, nature, and prevention of disease and disability and the preservation, promotion and improvement of health within his or her jurisdiction;

     (5) Prevent, control or abate nuisances which are detrimental to the public health;

     (6) Attend all conferences called by the secretary of health or his or her authorized representative;

     (7) Collect such fees as are established by the state board of health or the local board of health for the issuance or renewal of licenses or permits or such other fees as may be authorized by law or by the rules of the state board of health;

     (8) Inspect, as necessary, expansion or modification of existing public water systems, and the construction of new public water systems, to assure that the expansion, modification, or construction conforms to system design and plans;

     (9) Take such measures as he or she deems necessary in order to promote the public health, to participate in the establishment of health educational or training activities, and to authorize the attendance of employees of the local health department or individuals engaged in community health programs related to or part of the programs of the local health department.

     Sec. 237. RCW 70.05.080 and 1991 c 3 s 310 are each amended to read as follows:

     LOCAL HEALTH OFFICER--APPOINTMENT BY SECRETARY OF HEALTH IF LOCAL BOARD FAILS TO ACT. If the local board of health or other official responsible for appointing a local health officer under RCW 70.05.050 refuses or neglects to appoint a local health officer after a vacancy exists, the secretary of health may appoint a local health officer and fix the compensation. The local health officer so appointed shall have the same duties, powers and authority as though appointed under RCW 70.05.050. Such local health officer shall serve until a qualified individual is appointed according to the procedures set forth in RCW 70.05.050. The board or official responsible for appointing the local health officer under RCW 70.05.050 shall also be authorized to appoint an acting health officer to serve whenever the health officer is absent or incapacitated and unable to fulfill his or her responsibilities under the provisions of chapters 70.05 and 70.46 RCW ((and RCW 70.46.020 through 70.46.090)).

     Sec. 238. RCW 70.05.120 and 1984 c 25 s 8 are each amended to read as follows:

     REMOVAL OF LOCAL HEALTH OFFICER. Any local health officer or administrative officer appointed under RCW 70.05.040, if any, who shall refuse or neglect to obey or enforce the provisions of chapters 70.05 and 70.46 RCW ((and RCW 70.46.020 through 70.46.090)) or the rules, regulations or orders of the state board of health or who shall refuse or neglect to make prompt and accurate reports to the state board of health, may be removed as local health officer or administrative officer by the state board of health and shall not again be reappointed except with the consent of the state board of health. Any person may complain to the state board of health concerning the failure of the local health officer or administrative officer to carry out the laws or the rules and regulations concerning public health, and the state board of health shall, if a preliminary investigation so warrants, call a hearing to determine whether the local health officer or administrative officer is guilty of the alleged acts. Such hearings shall be held pursuant to the provisions of chapter 34.05 RCW, and the rules and regulations of the state board of health adopted thereunder.

     Any member of a local board of health who shall violate any of the provisions of chapters 70.05 and 70.46 RCW ((and RCW 70.46.020 through 70.46.090)) or refuse or neglect to obey or enforce any of the rules, regulations or orders of the state board of health made for the prevention, suppression or control of any dangerous contagious or infectious disease or for the protection of the health of the people of this state, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than two hundred dollars. Any physician who shall refuse or neglect to report to the proper health officer or administrative officer within twelve hours after first attending any case of contagious or infectious disease or any diseases required by the state board of health to be reported or any case suspicious of being one of such diseases, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than two hundred dollars for each case that is not reported.

     Any person violating any of the provisions of chapters 70.05 and 70.46 RCW ((and RCW 70.46.020 through 70.46.090)) or violating or refusing or neglecting to obey any of the rules, regulations or orders made for the prevention, suppression and control of dangerous contagious and infectious diseases by the local board of health or local health officer or administrative officer or state board of health, or who shall leave any isolation hospital or quarantined house or place without the consent of the proper health officer or who evades or breaks quarantine or conceals a case of contagious or infectious disease or assists in evading or breaking any quarantine or concealing any case of contagious or infectious disease, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or to imprisonment in the county jail not to exceed ninety days or to both fine and imprisonment.

     Sec. 239. RCW 70.05.130 and 1991 c 3 s 313 are each amended to read as follows:

     EXPENSES OF CARRYING OUT PUBLIC HEALTH LAW. All expenses incurred by the state, health district, or county in carrying out the provisions of chapters 70.05 and 70.46 RCW ((and RCW 70.46.020 through 70.46.090)) or any other public health law, or the rules of the ((state)) department of health enacted under such laws, shall be paid by the county ((or city by which or in behalf of which such expenses shall have been incurred)) and such expenses shall constitute a claim against the general fund as provided ((herein)) in this section.

     Sec. 240. RCW 70.05.150 and 1967 ex.s. c 51 s 22 are each amended to read as follows:

     AUTHORITY TO CONTRACT. In addition to powers already granted them, any ((city, town,)) county, district, or local health department may contract for either the sale or purchase of any or all health services from any local health department((: PROVIDED, That)). Such contract shall require the approval of the state board of health.

     Sec. 241. RCW 70.08.010 and 1985 c 124 s 1 are each amended to read as follows:

     APPOINTMENT OF LOCAL HEALTH OFFICER BY COMBINED CITY AND COUNTY HEALTH DEPARTMENT. Any city with one hundred thousand or more population and the county in which it is located, are authorized, as shall be agreed upon between the respective governing bodies of such city and said county, to establish and operate a combined city and county health department, and to appoint ((the director of public health)) a local health officer for the county served. Class AA counties may appoint a director of public health as specified in this chapter.

     Sec. 242. RCW 70.12.030 and 1945 c 46 s 1 are each amended to read as follows:

     MONEY MANAGEMENT. Any county, ((first class city)) combined city-county health department, or health district is hereby authorized and empowered to create a "public health pooling fund", hereafter called the "fund", for the efficient management and control of all moneys coming to such county, ((first class city)) combined department, or district for public health purposes.

     (("Health district" as used herein may mean all territory consisting of one or more counties and all cities with a population of one hundred thousand or less, and towns therein.))

     Sec. 243. RCW 70.12.050 and 1945 c 46 s 3 are each amended to read as follows:

     EXPENDITURES. All expenditures in connection with salaries, wages and operations incurred in carrying on the health department of the county, ((first class city)) combined city-county health department, or health district shall be paid out of such fund.

     Sec. 244. RCW 70.46.020 and 1967 ex.s. c 51 s 6 are each amended to read as follows:

     MULTICOUNTY HEALTH DISTRICTS. Health districts consisting of two or more counties may be created whenever two or more boards of county commissioners shall by resolution establish a district for such purpose. Such a district shall consist of all the area of the combined counties ((including all cities and towns except cities of over one hundred thousand population)). The district board of health of such a district shall consist of not less than five members for districts of two counties and seven members for districts of more than two counties, including two representatives from each county who are members of the board of county commissioners and who are appointed by the board of county commissioners of each county within the district, and shall have a jurisdiction coextensive with the combined boundaries. ((The remaining members shall be representatives of the cities and towns in the district selected by mutual agreement of the legislative bodies of the cities and towns concerned from their membership, taking into consideration the financial contribution of such cities and towns and representation from the several classifications of cities and towns.))

     At the first meeting of a district board of health the members shall elect a ((chairman)) chair to serve for a period of one year.

     Sec. 245. RCW 70.46.060 and 1967 ex.s. c 51 s 11 are each amended to read as follows:

     DISTRICT BOARD OF HEALTH POWERS AND DUTIES. The district board of health shall constitute the local board of health for all the territory included in the health district, and shall supersede and exercise all the powers and perform all the duties by law vested in the county ((or city or town)) board of health of any county((, city or town)) included in the health district((, except as otherwise in chapter 70.05 RCW and RCW 70.46.020 through 70.46.090 provided)).

     Sec. 246. RCW 70.46.080 and 1971 ex.s. c 85 s 10 are each amended to read as follows:

     DISTRICT HEALTH FUND. Each health district shall establish a fund to be designated as the "district health fund", in which shall be placed all sums received by the district from any source, and out of which shall be expended all sums disbursed by the district. ((The county treasurer of the county in the district embracing only one county; or,)) In a district composed of more than one county the county treasurer of the county having the largest population shall be the custodian of the fund, and the county auditor of said county shall keep the record of the receipts and disbursements, and shall draw and the county treasurer shall honor and pay all warrants, which shall be approved before issuance and payment as directed by the board((: PROVIDED, That in local health departments wherein a city of over one hundred thousand population is a part of said department, the local board of health may pool the funds available for public health purposes in the office of the city treasurer in a special pooling fund to be established and which shall be expended as set forth above)).

     Each county((, city or town)) which is included in the district shall contribute such sums towards the expense for maintaining and operating the district as shall be agreed upon between it and the local board of health in accordance with guidelines established by the state board of health ((after consultation with the Washington state association of counties and the association of Washington cities. In the event that no agreement can be reached between the district board of health and the county, city or town, the matter shall be resolved by a board of arbitrators to consist of a representative of the district board of health, a representative from the county, city or town involved, and a third representative to be appointed by the two representatives, but if they are unable to agree, a representative shall be appointed by a judge in the county in which the city or town is located. The determination of the proportionate share to be paid by a county, city or town shall be binding on all parties. Payments into the fund of the district may be made by the county or city or town members during the first year of membership in said district from any funds of the respective county, city or town as would otherwise be available for expenditures for health facilities and services, and thereafter the members shall include items in their respective budgets for payments to finance the health district)).

     Sec. 247. RCW 70.46.085 and 1967 ex.s. c 51 s 20 are each amended to read as follows:

     COUNTY TO BEAR EXPENSES. The expense of providing public health services shall be borne by each county((, city or town)) within the health district((, and the local health officer shall certify the amount agreed upon or as determined pursuant to RCW 70.46.080, and remaining unpaid by each county, city or town to the fiscal or warrant issuing officer of such county, city or town.

     If the expense as certified is not paid by any county, city or town within thirty days after the end of the fiscal year, the local health officer shall certify the amount due to the auditor of the county in which the governmental unit is situated who shall promptly issue his warrant on the county treasurer payable out of the current expense fund of the county, which fund shall be reimbursed by the county auditor out of the money due said governmental unit at the next monthly settlement or settlements of the collection of taxes and shall be transferred to the current expense fund)).

     Sec. 248. RCW 70.46.090 and 1967 ex.s. c 51 s 21 are each amended to read as follows:

     WITHDRAWAL FROM MEMBERSHIP. Any county ((or any city or town)) may withdraw from membership in said health district any time after it has been within the district for a period of two years, but no withdrawal shall be effective except at the end of the calendar year in which the county((, city or town)) gives at least six months' notice of its intention to withdraw at the end of the calendar year. No withdrawal shall entitle any member to a refund of any moneys paid to the district nor relieve it of any obligations to pay to the district all sums for which it obligated itself due and owing by it to the district for the year at the end of which the withdrawal is to be effective((: PROVIDED, That)). Any county((, city or town)) which withdraws from membership in said health district shall immediately establish a health department or provide health services which shall meet the standards for health services promulgated by the state board of health((: PROVIDED FURTHER, That)). No local health department ((shall)) may be deemed to provide adequate public health services unless there is at least one full time professionally trained and qualified physician as set forth in RCW 70.05.050.

     Sec. 249. RCW 70.46.120 and 1963 c 121 s 1 are each amended to read as follows:

     FEES MAY BE CHARGED. In addition to all other powers and duties, health districts shall have the power to charge fees in connection with the issuance or renewal of a license or permit required by law: PROVIDED, That the fees charged shall not exceed the actual cost involved in issuing or renewing the license or permit((: PROVIDED FURTHER, That no fees shall be charged pursuant to this section within the corporate limits of any city or town which prior to the enactment of this section charged fees in connection with the issuance or renewal of a license or permit pursuant to city or town ordinance and where said city or town makes a direct contribution to said health district, unless such city or town expressly consents thereto)).

     Sec. 250. RCW 82.44.110 and 1991 c 199 s 221 are each amended to read as follows:

     DISPOSITION OF MOTOR VEHICLE EXCISE TAX REVENUE--PUBLIC HEALTH. The county auditor shall regularly, when remitting license fee receipts, pay over and account to the director of licensing for the excise taxes collected under the provisions of this chapter. The director shall forthwith transmit the excise taxes to the state treasurer.

     (1) The state treasurer shall deposit the excise taxes collected under RCW 82.44.020(1) as follows:

     (a) 1.60 percent into the motor vehicle fund to defray administrative and other expenses incurred by the department in the collection of the excise tax.

     (b) 8.15 percent into the Puget Sound capital construction account in the motor vehicle fund.

     (c) 4.07 percent into the Puget Sound ferry operations account in the motor vehicle fund.

     (d) ((8.83)) 5.88 percent into the general fund to be distributed under RCW 82.44.155.

     (e) 4.75 percent into the municipal sales and use tax equalization account in the general fund created in RCW 82.14.210.

     (f) 1.60 percent into the county sales and use tax equalization account in the general fund created in RCW 82.14.200.

     (g) 62.6440 percent into the general fund through June 30, 1993, 57.6440 percent into the general fund beginning July 1, 1993, and 66 percent into the general fund beginning January 1, 1994.

     (h) 5 percent into the transportation fund created in RCW 82.44.180 beginning July 1, 1993.

     (i) 5.9686 percent into the county criminal justice assistance account created in RCW 82.14.310 through December 31, 1993.

     (j) 1.1937 percent into the municipal criminal justice assistance account for distribution under RCW 82.14.320 through December 31, 1993.

     (k) 1.1937 percent into the municipal criminal justice assistance account for distribution under RCW 82.14.330 through December 31, 1993.

     (l) 2.95 percent into the general fund to be distributed by the state treasurer to county health departments to be used exclusively for public health. The state treasurer shall distribute these funds proportionately among the counties based on population as determined by the most recent United States census.

     (2) The state treasurer shall deposit the excise taxes collected under RCW 82.44.020(2) into the transportation fund.

     (3) The state treasurer shall deposit the excise tax imposed by RCW 82.44.020(3) into the air pollution control account created by RCW 70.94.015.

     Sec. 251. RCW 82.44.155 and 1991 c 199 s 223 are each amended to read as follows:

     MOTOR VEHICLE EXCISE TAX DISTRIBUTION TO CITIES AND TOWNS. When distributions are made under RCW 82.44.150, the state treasurer shall apportion and distribute the motor vehicle excise taxes deposited into the general fund under RCW 82.44.110(((4)))(1)(d) to the cities and towns ratably on the basis of population as last determined by the office of financial management. When so apportioned, the amount payable to each such city and town shall be transmitted to the city treasurer thereof, and shall be used by the city or town for the purposes of police and fire protection ((and the preservation of the public health)) in the city or town, and not otherwise. If it is adjudged that revenue derived from the excise taxes imposed by RCW 82.44.020 (1) and (2) cannot lawfully be apportioned or distributed to cities or towns, all moneys directed by this section to be apportioned and distributed to cities and towns shall be credited and transferred to the state general fund.

     Sec. 252. RCW 43.20.030 and 1984 c 287 s 75 are each amended to read as follows:

     COMPOSITION OF STATE BOARD OF HEALTH--CITY MEMBER ELIMINATED. The state board of health shall be composed of ten members. These shall be the secretary or the secretary's designee and nine other persons to be appointed by the governor, including four persons experienced in matters of health and sanitation, ((an elected city official who is a member of a local health board, an)) two elected county officials who ((is a)) are members of a local health board, a local health officer, and two persons representing the consumers of health care. ((Before appointing the city official, the governor shall consider any recommendations submitted by the association of Washington cities.)) Before appointing the county official, the governor shall consider any recommendations submitted by the Washington state association of counties. Before appointing the local health officer, the governor shall consider any recommendations submitted by the Washington state association of local public health officials. Before appointing one of the two consumer representatives, the governor shall consider any recommendations submitted by the state council on aging. The chairman shall be selected by the governor from among the nine appointed members. The department ((of social and health services)) shall provide necessary technical staff support to the board. The board may employ an executive director and a confidential secretary, each of whom shall be exempt from the provisions of the state civil service law, chapter 41.06 RCW.

     Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

     NEW SECTION. Sec. 253. RECODIFICATION--CITY/COUNTY HEALTH DEPARTMENT. RCW 70.08.010, as amended by this act, shall be recodified in chapter 70.05 RCW.

     NEW SECTION. Sec. 254. REPEALERS--CITIES AND TOWNS. The following acts or parts of acts are each repealed:

     (1) RCW 70.05.005 and 1989 1st ex.s. c 9 s 243;

     (2) RCW 70.05.020 and 1967 ex.s. c 51 s 2;

     (3) RCW 70.05.132 and 1984 c 25 s 9 & 1983 1st ex.s. c 39 s 6;

     (4) RCW 70.05.145 and 1983 1st ex.s. c 39 s 5;

     (5) RCW 70.12.005 and 1989 1st ex.s. c 9 s 245;

     (6) RCW 70.46.030 and 1991 c 363 s 141, 1969 ex.s. c 70 s 1, 1967 ex.s. c 51 s 5, & 1945 c 183 s 3;

     (7) RCW 70.46.040 and 1967 ex.s. c 51 s 7 & 1945 c 183 s 4; and

     (8) RCW 70.46.050 and 1967 ex.s. c 51 s 8, 1957 c 100 s 1, & 1945 c 183 s 5.

     NEW SECTION. Sec. 255. STUDY LOCAL GOVERNMENT HEALTH SERVICE DELIVERY. It is hereby requested that the governing authorities of the association of Washington cities, the Washington state association of counties, and the Washington association of county officials jointly initiate a study and develop consensus recommendations regarding implementation of the provisions of sections 231 through 254 of this act. The study and recommendations should at a minimum include consideration of the fiscal impact of these sections on counties, the desirability of maintaining a process whereby city officials can effectively communicate concerns regarding the delivery of public health services to both the counties and the state, the need for larger cities to be able to continue to provide supplemental health care services when needed, and other matters as the three associations agree are of substance in the implementation of sections 231 through 254 of this act. The agreed upon recommendations shall be presented to the senate health and human services and house of representatives health care committees prior to December 31, 1993.


F. DATA COLLECTION


     Sec. 256. RCW 70.170.100 and 1990 c 269 s 12 are each amended to read as follows:

     STATE-WIDE DATA SYSTEM--HEALTH SERVICES COMMISSION. (1) To promote the public interest consistent with the purposes of chapter . . ., Laws of 1993 (this act), the department is responsible for the development, implementation, and custody of a state-wide ((hospital)) health care data system, with policy direction and oversight to be provided by the Washington health services commission. As part of the design stage for development of the system, the department shall undertake a needs assessment of the types of, and format for, ((hospital)) health care data needed by consumers, purchasers, health care payers, ((hospitals)) providers, and state government as consistent with the intent of chapter . . ., Laws of 1993 (this act) ((chapter)). The department shall identify a set of ((hospital)) health care data elements and report specifications which satisfy these needs. The ((council)) Washington health services commission, created by section 403 of this act, shall review the design of the data system and may ((direct the department to)) establish a technical advisory committee on health data and shall, if deemed cost-effective and efficient, recommend that the department contract with a private vendor for assistance in the design of the data system or for any part of the work to be performed under this section. The data elements, specifications, and other ((design)) distinguishing features of this data system shall be made available for public review and comment and shall be published, with comments, as the department's first data plan by ((January 1, 1990)) July 1, 1994.

     (2) Subsequent to the initial development of the data system as published as the department's first data plan, revisions to the data system shall be considered ((through the department's development of a biennial data plan, as proposed to,)) with the oversight and policy guidance of the Washington health services commission or its technical advisory committee and funded by((,)) the legislature through the biennial appropriations process with funds appropriated to the health services account. ((Costs of data activities outside of these data plans except for special studies shall be funded through legislative appropriations.

     (3))) In designing the state-wide ((hospital)) health care data system and any data plans, the department shall identify ((hospital)) health care data elements relating to ((both hospital finances)) health care costs, the quality of health care services, the outcomes of health care services, and ((the)) use of ((services by patients)) health care by consumers. Data elements ((relating to hospital finances)) shall be reported ((by hospitals)) as the Washington health services commission directs by reporters in conformance with a uniform ((system of)) reporting ((as specified by the department and shall)) system established by the department, which shall be adopted by reporters. "Reporter" means an individual, hospital, or business entity, required to be registered with the department of revenue for payment of taxes imposed under chapter 82.04 RCW or Title 48 RCW, that is primarily engaged in furnishing or insuring for medical, surgical, and other health services to persons. In the case of hospitals this includes data elements identifying each hospital's revenues, expenses, contractual allowances, charity care, bad debt, other income, total units of inpatient and outpatient services, and other financial information reasonably necessary to fulfill the purposes of chapter . . ., Laws of 1993 (this ((chapter)) act), for hospital activities as a whole and, as feasible and appropriate, for specified classes of hospital purchasers and payers. Data elements relating to use of hospital services by patients shall, at least initially, be the same as those currently compiled by hospitals through inpatient discharge abstracts ((and reported to the Washington state hospital commission)). The commission and the department shall encourage and permit reporting by electronic transmission or hard copy as is practical and economical to reporters.

     (((4))) (3) The state-wide ((hospital)) health care data system shall be uniform in its identification of reporting requirements for ((hospitals)) reporters across the state to the extent that such uniformity is ((necessary)) useful to fulfill the purposes of chapter . . ., Laws of 1993 (this ((chapter)) act). Data reporting requirements may reflect differences ((in hospital size; urban or rural location; scope, type, and method of providing service; financial structure; or other pertinent distinguishing factors)) that involve pertinent distinguishing features as determined by the Washington health services commission by rule. So far as ((possible)) is practical, the data system shall be coordinated with any requirements of the trauma care data registry as authorized in RCW 70.168.090, the federal department of health and human services in its administration of the medicare program, ((and)) the state in its role of gathering public health statistics, or any other payer program of consequence so as to minimize any unduly burdensome reporting requirements imposed on ((hospitals)) reporters.

     (((5))) (4) In identifying financial reporting requirements under the state-wide ((hospital)) health care data system, the department may require both annual reports and condensed quarterly reports from reporters, so as to achieve both accuracy and timeliness in reporting, but shall craft such requirements with due regard of the data reporting burdens of reporters.

     (((6) In designing the initial state-wide hospital data system as published in the department's first data plan, the department shall review all existing systems of hospital financial and utilization reporting used in this state to determine their usefulness for the purposes of this chapter, including their potential usefulness as revised or simplified.

     (7) Until such time as the state-wide hospital data system and first data plan are developed and implemented and hospitals are able to comply with reporting requirements, the department shall require hospitals to continue to submit the hospital financial and patient discharge information previously required to be submitted to the Washington state hospital commission. Upon publication of the first data plan, hospitals shall have a reasonable period of time to comply with any new reporting requirements and, even in the event that new reporting requirements differ greatly from past requirements, shall comply within two years of July 1, 1989.

     (8))) (5) The ((hospital)) health care data collected ((and)), maintained, and studied by the department or the Washington health services commission shall only be available for retrieval in original or processed form to public and private requestors and shall be available within a reasonable period of time after the date of request. The cost of retrieving data for state officials and agencies shall be funded through the state general appropriation. The cost of retrieving data for individuals and organizations engaged in research or private use of data or studies shall be funded by a fee schedule developed by the department which reflects the direct cost of retrieving the data or study in the requested form.

     (6) All persons subject to chapter . . ., Laws of 1993 (this act) shall comply with departmental or commission requirements established by rule in the acquisition of data.

     Sec. 257. RCW 70.170.110 and 1989 1st ex.s. c 9 s 511 are each amended to read as follows:

     HEALTH CARE DATA--STUDIES, ANALYSES, OR REPORTS. The department shall provide, or may contract with a private entity to provide, ((hospital)) analyses and reports or any studies it chooses to conduct consistent with the purposes of chapter . . ., Laws of 1993 (this ((chapter)) act). Subject to the availability of funds and any policy direction that may be given by the Washington health services commission. ((Prior to release, the department shall provide affected hospitals with an opportunity to review and comment on reports which identify individual hospital data with respect to accuracy and completeness, and otherwise shall focus on aggregate reports of hospital performance.)) These studies, analyses, or reports shall include:

     (1) Consumer guides on purchasing ((hospital care services and)) or consuming health care and publications providing verifiable and useful aggregate comparative information to ((consumers on hospitals and hospital services)) the public on health care services, their cost, and the quality of health care providers who participate in certified health plans;

     (2) Reports for use by classes of purchasers, who purchase from certified health plans, health care payers, and providers as specified for content and format in the state-wide data system and data plan; ((and))

     (3) Reports on relevant ((hospital)) health care policy ((issues)) including the distribution of hospital charity care obligations among hospitals; absolute and relative rankings of Washington and other states, regions, and the nation with respect to expenses, net revenues, and other key indicators; ((hospital)) provider efficiencies; and the effect of medicare, medicaid, and other public health care programs on rates paid by other purchasers of ((hospital)) health care; and

     (4) Any other reports the commission or department deems useful to assist the public or purchasers of certified health plans in understanding the prudent and cost-effective use of certified health plan services.

     NEW SECTION. Sec. 258. A new section is added to chapter 70.170 RCW to read as follows:

     CONFIDENTIALITY OF DATA. Notwithstanding the provisions of chapter 42.17 RCW, any material contained within the state-wide health care data system or in the files of either the department or the Washington health services commission shall be subject to the following limitations: (1) Records obtained, reviewed by, or on file that contain information concerning medical treatment of individuals shall be exempt from public inspection and copying; and (2) any actuarial formulas, statistics, and assumptions submitted by a certified health plan to the commission or department upon request shall be exempt from public inspection and copying in order to preserve trade secrets or prevent unfair competition.

     All persons and any public or private agencies or entities whatsoever subject to this chapter shall comply with any requirements established by rule relating to the acquisition or use of health services data and maintain the confidentiality of any information which may, in any manner, identify individual persons.

     NEW SECTION. Sec. 259. A new section is added to chapter 70.170 RCW to read as follows:

     HEALTH SERVICES COMMISSION ACCESS TO DATA. The Washington health services commission shall have access to all health data presently available to the secretary of health. To the extent possible, the commission shall use existing data systems and coordinate among existing agencies. The department of health shall be the designated depository agency for all health data collected pursuant to chapter . . ., Laws of 1993 (this act). The following data sources shall be developed or made available:

     (1) The commission shall coordinate with the secretary of health to utilize data collected by the state center for health statistics, including hospital charity care and related data, rural health data, epidemiological data, ethnicity data, social and economic status data, and other data relevant to the commission's responsibilities.

     (2) The commission, in coordination with the department of health and the health science programs of the state universities shall develop procedures to analyze clinical and other health services outcome data, and conduct other research necessary for the specific purpose of assisting in the design of the uniform benefit package under chapter . . ., Laws of 1993 (this act).

     (3) The commission shall establish cost data sources and shall require each certified health plan to provide the commission and the department of health with enrollee care and cost information, to include, but not be limited to: (a) Enrollee identifier, including date of birth, sex, and ethnicity; (b) provider identifier; (c) diagnosis; (d) health care services or procedures provided; (e) provider charges, if any; and (f) amount paid. The department shall establish by rule confidentiality standards to safeguard the information from inappropriate use or release.

     (4) The commission shall coordinate with the area Indian health service, reservation Indian health service units, tribal clinics, and any urban Indian health service organizations the design, development, implementation, and maintenance of an American Indian-specific health data, statistics information system. The commission rules regarding the confidentiality to safeguard the information from inappropriate use or release shall apply.

     NEW SECTION. Sec. 260. A new section is added to chapter 70.170 RCW to read as follows:

     PERSONAL HEALTH SERVICES DATA AND INFORMATION SYSTEM. (1) The department is responsible for the implementation and custody of a state-wide personal health services data and information system. The data elements, specifications, and other design features of this data system shall be consistent with criteria adopted by the Washington health services commission. The department shall provide the commission with reasonable assistance in the development of these criteria, and shall provide the commission with periodic progress reports related to the implementation of the system or systems related to those criteria.

     (2) The department shall coordinate the development and implementation of the personal health services data and information system with related private activities and with the implementation activities of the data sources identified by the commission. Data shall include: (a) Enrollee identifier, including date of birth, sex, and ethnicity; (b) provider identifier; (c) diagnosis; (d) health services or procedures provided; (e) provider charges, if any; and (f) amount paid. The commission shall establish by rule, confidentiality standards to safeguard the information from inappropriate use or release. The department shall assist the commission in establishing reasonable time frames for the completion of the system development and system implementation.

     NEW SECTION. Sec. 261. HEALTH CARE ENTITY REPORTING REQUIREMENTS. The commission shall determine, by January 1, 1995, the necessity, if any, of reporting requirements by the following health care entities: Health care providers, health care facilities, insuring entities, and certified health plans. The reporting requirements, if any, shall be for the purposes of determining whether the health care system is operating as efficiently as possible. Information reported pursuant to this section shall be made available to interested parties upon request. The commission shall report its findings to the legislature by January 1, 1995.


G. DISCLOSURE OF HOSPITAL, NURSING HOME, AND PHARMACY CHARGES


     NEW SECTION. Sec. 262. A new section is added to chapter 70.41 RCW to read as follows:

     SPIRALING COSTS--HOSPITALS. (1) The legislature finds that the spiraling costs of health care continue to surmount efforts to contain them, increasing at approximately twice the inflationary rate. The causes of this phenomenon are complex. By making physicians and other health care providers with hospital admitting privileges more aware of the cost consequences of health care services for consumers, these providers may be inclined to exercise more restraint in providing only the most relevant and cost-beneficial hospital services, with a potential for reducing the utilization of those services. The requirement of the hospital to inform physicians and other health care providers of the charges of the health care services that they order may have a positive effect on containing health costs. Further, the option of the physician or other health care provider to inform the patient of these charges may strengthen the necessary dialogue in the provider-patient relationship that tends to be diminished by intervening third-party payers.

     (2) The chief executive officer of a hospital licensed under this chapter and the superintendent of a state hospital shall establish and maintain a procedure for disclosing to physicians and other health care providers with admitting privileges the charges of all health care services ordered for their patients. Copies of hospital charges shall be made available to any physician and/or other health care provider ordering care in hospital inpatient/outpatient services. The physician and/or other health care provider may inform the patient of these charges and may specifically review them. Hospitals are also directed to study methods for making daily charges available to prescribing physicians through the use of interactive software and/or computerized information thereby allowing physicians and other health care providers to review not only the costs of present and past services but also future contemplated costs for additional diagnostic studies and therapeutic medications.

     NEW SECTION. Sec. 263. A new section is added to chapter 18.68 RCW to read as follows:

     SPIRALING COSTS--PRESCRIPTION MEDICATIONS. The legislature finds that the spiraling costs of health care continue to surmount efforts to contain them, increasing at approximately twice the inflationary rate. One of the fastest growing segments of the health care expenditure involves prescription medications. By making physicians and other health care providers with prescriptive authority more aware of the cost consequences of health care treatments for consumers, these providers may be inclined to exercise more restraint in providing only the most relevant and cost-beneficial drug and medication treatments. The requirement of the pharmacy to inform physicians and other health care providers of the charges of prescription drugs and medications that they order may have a positive effect on containing health costs. Further, the option of the physician or other health care provider to inform the patient of these charges may strengthen the necessary dialogue in the provider-patient relationship that tends to be diminished by intervening third-party payers.

     NEW SECTION. Sec. 264. A new section is added to chapter 18.68 RCW to read as follows:

     COST OF PRESCRIPTIVE MEDICATIONS. The registered or licensed pharmacist of this chapter shall establish and maintain a procedure for disclosing to physicians and other health care providers with prescriptive authority information detailed by prescriber, of the cost and dispensation of all prescriptive medications prescribed by him or her for his or her patients on request. These charges should be made available on at least a quarterly basis for all requested patients and should include medication, dosage, number dispensed, and the cost of the prescription. Pharmacies may provide this information in a summary form for each prescribing physician for all patients rather than as individually itemized reports. All efforts should be made to utilize the existing computerized records and software to provide this information in the least costly format.

     NEW SECTION. Sec. 265. A new section is added to chapter 18.51 RCW to read as follows:

     SPIRALING COSTS--NURSING HOMES. (1) The legislature finds that the spiraling costs of nursing home care continue to surmount efforts to contain them, increasing at approximately twice the inflationary rate. The causes of this phenomenon are complex. By making nursing home facilities and care providers more aware of the cost consequences of care services for consumers, these providers may be inclined to exercise more restraint in providing only the most relevant and cost-beneficial services and care, with a potential for reducing the utilization of those services. The requirement of the nursing home to inform physicians, consumers, and other care providers of the charges of the services that they order may have a positive effect on containing health costs.

     (2) All nursing home administrators in facilities licensed under this chapter shall be required to develop and maintain a written procedure for disclosing patient charges to attending physicians with admitting privileges. The nursing home administrator shall have the capability to provide an itemized list of the charges for all health care services that may be ordered by a physician. The information shall be made available on request of consumers, or the physicians or other appropriate health care providers responsible for prescribing care.

     NEW SECTION. Sec. 266. DEPARTMENT OF HEALTH--REPORT ON EFFORTS TO CONTAIN COSTS. The department of health shall report to the legislature by December 31, 1994, with recommendations on any necessary revisions to sections 262 through 265 of this act, including their continued necessity and the appropriateness of their repeal.


H. HEALTH PROFESSIONAL SHORTAGES


     NEW SECTION. Sec. 267. LEGISLATIVE INTENT. The legislature finds that the successful implementation of health care reform will depend on a sufficient supply of primary health care providers throughout the state. Many rural and medically underserved urban areas lack primary health care providers and because of this, basic health care services are limited or unavailable to populations living in these areas. The legislature has in recent years initiated new programs to address these provider shortages but funding has been insufficient and additional specific provider shortages remain.

     Sec. 268. RCW 28B.125.010 and 1991 c 332 s 5 are each amended to read as follows:

     STATE-WIDE HEALTH PERSONNEL RESOURCE PLAN--PERSONS OF COLOR--INDIAN HEALTH. (1) The higher education coordinating board, the state board for community ((college education)) and technical colleges, the superintendent of public instruction, the state department of health, the Washington health services commission, and the state department of social and health services, to be known for the purposes of this section as the committee, shall establish a state-wide health personnel resource plan. The governor shall appoint a lead agency from one of the agencies on the committee.

     In preparing the state-wide plan the committee shall consult with the training and education institutions affected by this chapter, health care providers, employers of health care providers, insurers, consumers of health care, and other appropriate entities.

     Should a successor agency or agencies be authorized or created by the legislature with planning, coordination, or administrative authority over vocational-technical schools, community colleges, or four-year higher education institutions, the governor shall grant membership on the committee to such agency or agencies and remove the member or members it replaces.

     The committee shall appoint subcommittees for the purpose of assisting in the development of the institutional plans required under this chapter. Such subcommittees shall at least include those committee members that have statutory responsibility for planning, coordination, or administration of the training and education institutions for which the institutional plans are being developed. In preparing the institutional plans for four-year institutes of higher education, the subcommittee shall be composed of at least the higher education coordinating board and the state's four-year higher education institutions. The appointment of subcommittees to develop portions of the state-wide plan shall not relinquish the committee's responsibility for assuring overall coordination, integration, and consistency of the state-wide plan.

     In establishing and implementing the state-wide health personnel resource plan the committee shall, to the extent possible, utilize existing data and information, personnel, equipment, and facilities and shall minimize travel and take such other steps necessary to reduce the administrative costs associated with the preparation and implementation of the plan.

     (2) The state-wide health resource plan shall include at least the following:

     (a)(i) Identification of the type, number, and location of the health care professional work force necessary to meet health care needs of the state.

     (ii) A description and analysis of the composition and numbers of the potential work force available for meeting health care service needs of the population to be used for recruitment purposes. This should include a description of the data, methodology, and process used to make such determinations.

     (b) A centralized inventory of the numbers of student applications to higher education and vocational-technical training and education programs, yearly enrollments, yearly degrees awarded, and numbers on waiting lists for all the state's publicly funded health care training and education programs. The committee shall request similar information for incorporation into the inventory from private higher education and vocational-technical training and education programs.

     (c) A description of state-wide and local specialized provider training needs to meet the health care needs of target populations and a plan to meet such needs in a cost-effective and accessible manner.

     (d) A description of how innovative, cost-effective technologies such as telecommunications can and will be used to provide higher education, vocational-technical, continued competency, and skill maintenance and enhancement education and training to placebound students who need flexible programs and who are unable to attend institutions for training.

     (e) A strategy for assuring higher education and vocational-technical educational and training programming is sensitive to the changing work force such as reentry workers, women, minorities, and the disabled.

     (f) Strategies for promoting an increase in the use of persons of color in the health professions including adequate resources to train and utilize persons of color in the full spectrum of health professions, to include physicians, licensed physicians who are foreign medical graduates, nurses, administrators, planners, education, technicians, outreach workers, and dentists.

     (g) A strategy that includes the incorporation of federal assistance programs for health career development with an emphasis on the national Indian health service programs targeting the American Indian population and other federal and state education and training assistance programs for the economically disadvantaged, physically challenged, and persons of color in all health professions.

     (((f))) (g) A strategy and coordinated state-wide policy developed by the subcommittees authorized in subsection (1) of this section for increasing the number of graduates intending to serve in shortage areas after graduation, including such strategies as the establishment of preferential admissions and designated enrollment slots.

     (((g))) (h) Guidelines and policies developed by the subcommittees authorized in subsection (1) of this section for allowing academic credit for on-the-job experience such as internships, volunteer experience, apprenticeships, and community service programs.

     (((h))) (i) A strategy developed by the subcommittees authorized in subsection (1) of this section for making required internships and residency programs available that are geographically accessible and sufficiently diverse to meet both general and specialized training needs as identified in the plan when such programs are required.

     (((i))) (j) A description of the need for multiskilled health care professionals and an implementation plan to restructure educational and training programming to meet these needs.

     (((j))) (k) An analysis of the types and estimated numbers of health care personnel that will need to be recruited from out-of-state to meet the health professional needs not met by in-state trained personnel.

     (((k))) (l) An analysis of the need for educational articulation within the various health care disciplines and a plan for addressing the need.

     (((l))) (m) An analysis of the training needs of those members of the long-term care profession that are not regulated and that have no formal training requirements. Programs to meet these needs should be developed in a cost-effective and a state-wide accessible manner that provide for the basic training needs of these individuals.

     (((m))) (n) A designation of the professions and geographic locations in which loan repayment and scholarships should be available based upon objective data-based forecasts of health professional shortages. A description of the criteria used to select professions and geographic locations shall be included. Designations of professions and geographic locations may be amended by the department of health when circumstances warrant as provided for in RCW 28B.115.070.

     (((n))) (o) A description of needed changes in regulatory laws governing the credentialing of health professionals.

     (((o))) (p) A description of linguistic and cultural training needs of foreign-trained health care professionals to assure safe and effective practice of their health care profession.

     (((p))) (q) A plan to implement the recommendations of the state-wide nursing plan authorized by RCW 74.39.040.

     (((q))) (r) A description of criteria and standards that institutional plans provided for in this section must address in order to meet the requirements of the state-wide health personnel resource plan, including funding requirements to implement the plans. The committee shall also when practical identify specific outcome measures to measure progress in meeting the requirements of this plan. The criteria and standards shall be established in a manner as to provide flexibility to the institutions in meeting state-wide plan requirements. The committee shall establish required submission dates for the institutional plans that permit inclusion of funding requests into the institutions budget requests to the state.

     (((r))) (s) A description of how the higher education coordinating board, state board for community ((college education)) and technical colleges, superintendent of public instruction, department of health, and department of social and health services coordinated in the creation and implementation of the state plan including the areas of responsibility each agency shall assume. The plan should also include a description of the steps taken to assure participation by the groups that are to be consulted with.

     (((s))) (t) A description of the estimated fiscal requirements for implementation of the state-wide health resource plan that include a description of cost saving activities that reduce potential costs by avoiding administrative duplication, coordinating programming activities, and other such actions to control costs.

     (3) The committee may call upon other agencies of the state to provide available information to assist the committee in meeting the responsibilities under this chapter. This information shall be supplied as promptly as circumstances permit.

     (4) State agencies involved in the development and implementation of the plan shall to the extent possible utilize existing personnel and financial resources in the development and implementation of the state-wide health personnel resource plan.

     (5) The state-wide health personnel resource plan shall be submitted to the governor by July 1, 1992, and updated by July 1 of each even-numbered year. The governor, no later than December 1 of that year, shall approve, approve with modifications, or disapprove the state-wide health resource plan.

     (6) The approved state-wide health resource plan shall be submitted to the senate and house of representatives committees on health care, higher education, and ways and means or appropriations by December 1 of each even-numbered year.

     (7) Implementation of the state-wide plan shall begin by July 1, 1993.

     (8) Notwithstanding subsections (5) and (7) of this section, the committee shall prepare and submit to the higher education coordinating board by June 1, 1992, the analysis necessary for the initial implementation of the health professional loan repayment and scholarship program created in chapter 28B.115 RCW.

     (9) Each publicly funded two-year and four-year institute of higher education authorized under Title 28B RCW and vocational-technical institution authorized under Title 28A RCW that offers health training and education programs shall biennially prepare and submit an institutional plan to the committee. The institutional plan shall identify specific programming and activities of the institution that meet the requirements of the state-wide health professional resource plan.

     The committee shall review and assess whether the institutional plans meet the requirements of the state-wide health personnel resource plan and shall prepare a report with its determination. The report shall become part of the institutional plan and shall be submitted to the governor and the legislature.

     The institutional plan shall be included with the institution's biennial budget submission. The institution's budget shall identify proposed spending to meet the requirements of the institutional plan. Each vocational-technical institution, college, or university shall be responsible for implementing its institutional plan.

     Sec. 269. RCW 28B.115.080 and 1991 c 332 s 21 are each amended to read as follows:

     ANNUAL AWARD AMOUNT. After June 1, 1992, the board, in consultation with the department and the department of social and health services, shall:

     (1) Establish the annual award amount for each credentialed health care profession which shall be based upon an assessment of reasonable annual eligible expenses involved in training and education for each credentialed health care profession. The annual award amount may be established at a level less than annual eligible expenses. The annual award amount shall ((not be more than fifteen thousand dollars per year)) be established by the board for each eligible health profession. The awards shall not be paid for more than a maximum of five years per individual;

     (2) Determine any scholarship awards for prospective physicians in such a manner to require the recipients declare an interest in serving in rural areas of the state of Washington. Preference for scholarships shall be given to students who reside in a rural physician shortage area or a nonshortage rural area of the state prior to admission to the eligible education and training program in medicine. Highest preference shall be given to students seeking admission who are recommended by sponsoring communities and who declare the intent of serving as a physician in a rural area. The board may require the sponsoring community located in a nonshortage rural area to financially contribute to the eligible expenses of a medical student if the student will serve in the nonshortage rural area;

     (3) Establish the required service obligation for each credentialed health care profession, which shall be no less than three years or no more than five years. The required service obligation may be based upon the amount of the scholarship or loan repayment award such that higher awards involve longer service obligations on behalf of the participant;

     (4) Determine eligible education and training programs for purposes of the scholarship portion of the program;

     (5) Honor loan repayment and scholarship contract terms negotiated between the board and participants prior to May 21, 1991, concerning loan repayment and scholarship award amounts and service obligations authorized under chapter ((18.150)) 28B.115, 28B.104, or 70.180 RCW.

     NEW SECTION. Sec. 270. A new section is added to chapter 43.70 RCW to read as follows:

     MULTICULTURAL HEALTH CARE TECHNICAL ASSISTANCE PROGRAM. (1) Consistent with funds appropriated specifically for this purpose, the department shall provide matching grants to support a community-based multicultural health care technical assistance program. Its purpose shall be to promote technical assistance to community and migrant health clinics and other appropriate health care providers who serve principally the underserved and persons of color.

     The technical assistance provided shall include, but is not limited to: (a) Collaborative research and data analysis on health care outcomes that disproportionately affect persons of color; (b) design and development of model health education and promotion strategies aimed at modifying unhealthy health behaviors or enhancing the use of the health care delivery system by persons of color; (c) provision of technical information and assistance on program planning and financial management; (d) administration, public policy development, and analysis in health care issues affecting people of color; and (e) enhancement and promotion of health care career opportunities for persons of color.

     (2) Consistent with appropriated funds, the programs shall be available on a state-wide basis.

     Sec. 271. RCW 70.185.030 and 1991 c 332 s 9 are each amended to read as follows:

     COMMUNITY-BASED RECRUITMENT AND RETENTION--UNDERSERVED URBAN AREAS. (1) The department ((shall)) may, subject to funding, establish ((up to three)) community-based recruitment and retention project sites to provide financial and technical assistance to participating communities. The goal of the project is to help assure the availability of health care providers in rural and underserved urban areas of Washington state.

     (2) Administrative costs necessary to implement this project shall be kept at a minimum to insure the maximum availability of funds for participants.

     (3) The secretary may contract with third parties for services necessary to carry out activities to implement this chapter where this will promote economy, avoid duplication of effort, and make the best use of available expertise.

     (4) The secretary may apply for, receive, and accept gifts and other payments, including property and service, from any governmental or other public or private entity or person, and may make arrangements as to the use of these receipts, including the undertaking of special studies and other projects related to the delivery of health care in rural areas.

     (5) In designing and implementing the project the secretary shall coordinate the project with the Washington rural health system project as authorized under chapter 70.175 RCW to consolidate administrative duties and reduce costs.

     Sec. 272. RCW 43.70.460 and 1992 c 113 s 2 are each amended to read as follows:

     RETIRED PRIMARY CARE PROVIDERS--MALPRACTICE INSURANCE. (1) The department may establish a program to purchase and maintain liability malpractice insurance for retired ((physicians)) primary care providers who provide primary health care services at community clinics. The following conditions apply to the program:

     (a) Primary health care services shall be provided at community clinics that are public or private tax-exempt corporations;

     (b) Primary health care services provided at the clinics shall be offered to low-income patients based on their ability to pay;

     (c) Retired ((physicians)) primary care providers providing health care services shall not receive compensation for their services; and

     (d) The department shall contract only with a liability insurer authorized to offer liability malpractice insurance in the state.

     (2) This section and RCW 43.70.470 shall not be interpreted to require a liability insurer to provide coverage to a ((physician)) primary care provider should the insurer determine that coverage should not be offered to a physician because of past claims experience or for other appropriate reasons.

     (3) The state and its employees who operate the program shall be immune from any civil or criminal action involving claims against clinics or physicians that provided health care services under this section and RCW 43.70.470. This protection of immunity shall not extend to any clinic or ((physician)) primary care provider participating in the program.

     (4) The department may monitor the claims experience of retired physicians covered by liability insurers contracting with the department.

     (5) The department may provide liability insurance under chapter 113, Laws of 1992 only to the extent funds are provided for this purpose by the legislature.

     Sec. 273. RCW 43.70.470 and 1992 c 113 s 3 are each amended to read as follows:

     RETIRED PRIMARY CARE PROVIDERS--CONDITIONS. The department may establish by rule the conditions of participation in the liability insurance program by retired ((physicians)) primary care providers at clinics utilizing retired physicians for the purposes of this section and RCW 43.70.460. These conditions shall include, but not be limited to, the following:

     (1) The participating ((physician)) primary care provider associated with the clinic shall hold a valid license to practice ((medicine and surgery in this state and otherwise)) as a physician under chapter 18.71 or 18.57 RCW, a naturopath under chapter 18.36A RCW, a physician assistant under chapter 18.71A or 18.57A RCW, an advanced registered nurse practitioner under chapter 18.88 RCW, a dentist under chapter 18.32 RCW, or other health professionals as may be deemed in short supply in the health personnel resource plan under chapter 28B.125 RCW. All primary care providers must be in conformity with current requirements for licensure as a retired ((physician)) primary care health care provider, including continuing education requirements;

     (2) The participating ((physician)) primary care health care provider shall limit the scope of practice in the clinic to primary care. Primary care shall be limited to noninvasive procedures and shall not include obstetrical care, or any specialized care and treatment. Noninvasive procedures include injections, suturing of minor lacerations, and incisions of boils or superficial abscesses. Primary dental care shall be limited to diagnosis, oral hygiene, restoration, and extractions and shall not include orthodontia, or other specialized care and treatment;

     (3) The provision of liability insurance coverage shall not extend to acts outside the scope of rendering medical services pursuant to this section and RCW 43.70.460;

     (4) The participating ((physician)) primary care health care provider shall limit the provision of health care services to primarily low-income persons provided that clinics may, but are not required to, provide means tests for eligibility as a condition for obtaining health care services;

     (5) The participating ((physician)) primary care health care provider shall not accept compensation for providing health care services from patients served pursuant to this section and RCW 43.70.460, nor from clinics serving these patients. "Compensation" shall mean any remuneration of value to the participating ((physician)) primary care health care provider for services provided by the ((physician)) primary care health care provider, but shall not be construed to include any nominal copayments charged by the clinic, nor reimbursement of related expenses of a participating ((physician)) primary care health care provider authorized by the clinic in advance of being incurred; and

     (6) The use of mediation or arbitration for resolving questions of potential liability may be used, however any mediation or arbitration agreement format shall be expressed in terms clear enough for a person with a sixth grade level of education to understand, and on a form no longer than one page in length.

     NEW SECTION. Sec. 274. MEDICAL SCHOOL GRADUATES SERVING IN RURAL AND MEDICALLY UNDERSERVED AREAS OF THE STATE--LEGISLATIVE INTENT. The legislature finds that the shortage of primary care physicians practicing in rural and medically underserved areas of the state has created a severe public health and safety problem. If unaddressed, this problem is expected to worsen with health care reform since an increased demand for primary care services will only contribute further to these shortages.

     The legislature further finds that the medical training program at the University of Washington is an important and well respected resource to the people of this state in the training of primary care physicians. Currently, only a small proportion of medical school graduates are Washington residents who serve as primary care practitioners in certain parts of this state.

     NEW SECTION. Sec. 275. MEDICAL SCHOOL PRIMARY CARE PHYSICIAN SHORTAGE PLAN DEVELOPMENT. (1) The University of Washington shall prepare a primary care shortage plan that accomplishes the following:

     (a) Identifies specific activities that the school of medicine shall pursue to increase the number of Washington residents serving as primary care physicians in rural and medically underserved areas of the state, including establishing a goal that assures that no less than forty-five percent of medical school graduates who are Washington state residents at the time of matriculation will enter into primary care residencies in Washington state by the year 2000;

     (b) Assures that the school of medicine shall establish among its highest training priorities the distribution of its primary care physician graduates from the school and associated postgraduate residency programs into rural and medically underserved areas;

     (c) Establishes the goal of assuring that the annual number of graduates from the family practice residency network entering rural or medically underserved practice shall be increased by forty percent over a baseline period from 1985 through 1990 by 1995;

     (d) Establishes a further goal to make operational at least two additional family practice residency programs within Washington state in geographic areas identified by the plan as underserved in family practice by 1997. The geographic areas identified by the plan as being underserved by family practice physicians shall be consistent with any such similar designations as may be made in the health personnel research plan as authorized under chapter 28B.125 RCW;

     (e) Establishes, with the cooperation of existing community and migrant health clinics in rural or medically underserved areas of the state, three family practice residency training tracks. Furthermore, the primary care shortage plan shall provide that one of these training tracks shall be a joint American osteopathic association and American medical association approved training site coordinated with an accredited college of osteopathic medicine with extensive experience in training primary care physicians for the western United States. Such a proposed joint accredited training track will have at least fifty percent of its residency positions in osteopathic medicine; and

     (f) Implements the plan, with the exception of the expansion of the family practice residency network, within current biennial appropriations for the University of Washington school of medicine.

     (2) The plan shall be submitted to the appropriate committees of the legislature no later than December 1, 1993.


I. SHORT-TERM HEALTH INSURANCE REFORM


     NEW SECTION. Sec. 276. INTENT--INCREASE ACCESS TO COVERAGE. The legislature intends that, during the transition to a fully reformed health services system, certain health insurance practices be modified to increase access to health insurance coverage for some individuals and groups. The legislature recognizes that health insurance reform will not remedy the significant lack of access to coverage in Washington state without the implementation of strong cost control measures. The authority granted to the commissioner in chapter . . ., Laws of 1993 (this act) is in addition to any authority the commissioner currently has under Title 48 RCW to regulate insurers, health care service contractors, and health maintenance organizations.

     NEW SECTION. Sec. 277. A new section is added to chapter 48.18 RCW to read as follows:

     CANCELLATIONS, DENIALS--WRITTEN COMMUNICATION. Every insurer upon canceling, denying, or refusing to renew any disability policy, shall, upon written request, directly notify in writing the applicant or insured, as the case may be, of the reasons for the action by the insurer and to any person covered under a group contract. Any benefits, terms, rates, or conditions of such a contract that are restricted, excluded, modified, increased, or reduced shall, upon written request, be set forth in writing and supplied to the insured and to any person covered under a group contract. The written communications required by this section shall be phrased in simple language that is readily understandable to a person of average intelligence, education, and reading ability.

     Sec. 278. RCW 48.21.200 and 1983 c 202 s 16 and 1983 c 106 s 24 are each reenacted and amended to read as follows:

     REDUCTIONS OR REFUSAL OF BENEFITS. (1) No individual or group disability insurance policy, health care service contract, or health maintenance agreement which provides benefits for hospital, medical, or surgical expenses shall be delivered or issued for delivery in this state ((after September 8, 1975)) which contains any provision whereby the insurer, contractor, or health maintenance organization may reduce or refuse to pay such benefits otherwise payable thereunder solely on account of the existence of similar benefits provided under any ((individual)) disability insurance policy, ((or under any individual)) health care service contract, or health maintenance agreement.

     (2) No individual or group disability insurance policy, health care service contract, or health maintenance agreement providing hospital, medical or surgical expense benefits and which contains a provision for the reduction of benefits otherwise payable or available thereunder on the basis of other existing coverages, shall provide that such reduction will operate to reduce total benefits payable below an amount equal to one hundred percent of total allowable expenses exclusive of copayments, deductibles, and other similar cost-sharing arrangements.

     (3) The commissioner shall by rule establish guidelines for the application of this section, including:

     (a) The procedures by which persons ((insured)) covered under such policies, contracts, and agreements are to be made aware of the existence of such a provision;

     (b) The benefits which may be subject to such a provision;

     (c) The effect of such a provision on the benefits provided;

     (d) Establishment of the order of benefit determination; ((and))

     (e) Exceptions necessary to maintain the integrity of policies, contracts, and agreements that may require the use of particular health care facilities or providers; and

     (f) Reasonable claim administration procedures to expedite claim payments and prevent duplication of payments or benefits under such a provision((: PROVIDED, HOWEVER, That any group disability insurance policy which is issued as part of an employee insurance benefit program authorized by RCW 41.05.025(3) may exclude all or part of any deductible amounts from the definition of total allowable expenses for purposes of coordination of benefits within the plan and between such plan and other applicable group coverages: AND PROVIDED FURTHER, That any group disability insurance policy providing coverage for persons in this state may exclude all or part of any deductible amounts required by a group disability insurance policy from the definition of total allowable expenses for purposes of coordination of benefits between such policy and a group disability insurance policy issued as part of an employee insurance benefit program authorized by RCW 41.05.025(3).

     (3) The provisions of this section shall apply to health care service contractor contracts and health maintenance organization agreements)).

     NEW SECTION. Sec. 279. A new section is added to chapter 48.20 RCW to read as follows:

     DISABILITY INSURER--PREEXISTING CONDITIONS EXCLUSIONS AND LIMITATIONS. (1) After January 1, 1994, every disability insurer issuing coverage against loss arising from medical, surgical, hospital, or emergency care coverage shall waive any preexisting condition exclusion or limitation for persons who had similar coverage under a different policy, health care service contract, or health maintenance agreement in the three-month period immediately preceding the effective date of coverage under the new policy to the extent that such person has satisfied a waiting period under such preceding policy, contract, or agreement; however, if the person satisfied a twelve-month waiting period under such preceding policy, contract, or agreement, the insurer shall waive any preexisting condition exclusion or limitation. The insurer need not waive a preexisting condition exclusion or limitation under the new policy for coverage not provided under such preceding policy, contract, or agreement.

     (2) The commissioner may adopt rules establishing guidelines for determining when coverage is similar under new and preceding policies, contracts, and agreements and for determining when a preexisting condition waiting period has been satisfied.

     (3) The commissioner in consultation with insurers, health care service contractors, and health maintenance organizations shall study the effect of preexisting condition exclusions and limitations on the cost and availability of health care coverage and shall adopt rules restricting the use of such conditions and limitations by January 1, 1994. No insurer, health care service contractor, or health maintenance organization may deny, exclude, or limit coverage for preexisting conditions for a period longer than that provided for in such rules after July 1, 1994.

     NEW SECTION. Sec. 280. A new section is added to chapter 48.21 RCW to read as follows:

     GROUP DISABILITY INSURERS--PREEXISTING CONDITIONS EXCLUSIONS AND LIMITATIONS. (1) After January 1, 1994, every disability insurer issuing coverage against loss arising from medical, surgical, hospital, or emergency care coverage shall waive any preexisting condition exclusion or limitation for persons who had similar coverage under a different policy, health care service contract, or health maintenance agreement in the three-month period immediately preceding the effective date of coverage under the new policy to the extent that such person has satisfied a waiting period under such preceding policy, contract, or agreement; however, if the person satisfied a twelve-month waiting period under such preceding policy, contract, or agreement, the insurer shall waive any preexisting condition exclusion or limitation. The insurer need not waive a preexisting condition exclusion or limitation under the new policy for coverage not provided under such preceding policy, contract, or agreement.

     (2) The commissioner may adopt rules establishing guidelines for determining when coverage is similar under new and preceding policies, contracts, and agreements and for determining when a preexisting condition waiting period has been satisfied.

     (3) The commissioner in consultation with insurers, health care service contractors, and health maintenance organizations shall study the effect of preexisting condition exclusions and limitations on the cost and availability of health care coverage and shall adopt rules restricting the use of such conditions and limitations by January 1, 1994. No insurer, health care service contractor, or health maintenance organization may deny, exclude, or limit coverage for preexisting conditions for a period longer than that provided for in such rules after July 1, 1994.

     NEW SECTION. Sec. 281. A new section is added to chapter 48.44 RCW to read as follows:

     HEALTH CARE SERVICE CONTRACTORS--PREEXISTING CONDITIONS EXCLUSIONS AND LIMITATIONS. (1) After January 1, 1994, every health care service contractor, except limited health care service contractors as defined under RCW 48.44.035, shall waive any preexisting condition exclusion or limitation for persons who had similar coverage under a different policy, health care service contract, or health maintenance agreement in the three-month period immediately preceding the effective date of coverage under the new contract to the extent that such person has satisfied a waiting period under such preceding policy, contract, or agreement; however, if the person satisfied a twelve-month waiting period under such preceding policy, contract, or agreement, the insurer shall waive any preexisting condition exclusion or limitation. The insurer need not waive a preexisting condition exclusion or limitation under the new policy for coverage not provided under such preceding policy, contract, or agreement.

     (2) The commissioner may adopt rules establishing guidelines for determining when coverage is similar under new and preceding policies, contracts, and agreements and for determining when a preexisting condition waiting period has been satisfied.

     (3) The commissioner in consultation with insurers, health care service contractors, and health maintenance organizations shall study the effect of preexisting condition exclusions and limitations on the cost and availability of health care coverage and shall adopt rules restricting the use of such conditions and limitations by January 1, 1994. No insurer, health care service contractor, or health maintenance organization may deny, exclude, or limit coverage for preexisting conditions for a period longer than that provided for in such rules after July 1, 1994.

     NEW SECTION. Sec. 282. A new section is added to chapter 48.46 RCW to read as follows:

     HEALTH MAINTENANCE ORGANIZATIONS--PREEXISTING CONDITIONS EXCLUSIONS AND LIMITATIONS. (1) After January 1, 1994, every health maintenance organization shall waive any preexisting condition exclusion or limitation for persons who had similar coverage under a different policy, health care service contract, or health maintenance agreement in the three-month period immediately preceding the effective date of coverage under the new agreement to the extent that such person has satisfied a waiting period under such preceding policy, contract, or agreement; however, if the person satisfied a twelve-month waiting period under such preceding policy, contract, or agreement, the insurer shall waive any preexisting condition exclusion or limitation. The insurer need not waive a preexisting condition exclusion or limitation under the new policy for coverage not provided under such preceding policy, contract, or agreement.

     (2) The commissioner may adopt rules establishing guidelines for determining when coverage is similar under new and preceding policies, contracts, and agreements and for determining when a preexisting condition waiting period has been satisfied.

     (3) The commissioner in consultation with insurers, health care service contractors, and health maintenance organizations shall study the effect of preexisting condition exclusions and limitations on the cost and availability of health care coverage and shall adopt rules restricting the use of such conditions and limitations by January 1, 1994. No insurer, health care service contractor, or health maintenance organization may deny, exclude, or limit coverage for preexisting conditions for a period longer than that provided for in such rules after July 1, 1994.

     Sec. 283. RCW 48.30.300 and 1975-'76 2nd ex.s. c 119 s 7 are each amended to read as follows:

     UNFAIR PRACTICES. Notwithstanding any provision contained in Title 48 RCW to the contrary:

     (1) No person or entity engaged in the business of insurance in this state shall refuse to issue any contract of insurance or cancel or decline to renew such contract because of the sex or marital status, or the presence of any sensory, mental, or physical handicap of the insured or prospective insured. The amount of benefits payable, or any term, rate, condition, or type of coverage shall not be restricted, modified, excluded, increased or reduced on the basis of the sex or marital status, or be restricted, modified, excluded or reduced on the basis of the presence of any sensory, mental, or physical handicap of the insured or prospective insured. Subject to the provisions of subsection (2) of this section these provisions shall not prohibit fair discrimination on the basis of sex, or marital status, or the presence of any sensory, mental, or physical handicap when bona fide statistical differences in risk or exposure have been substantiated.

     (2) With respect to disability policies issued or renewed on and after July 1, 1994, that provide coverage against loss arising from medical, surgical, hospital, or emergency care services:

     (a) Policies shall guarantee continuity of coverage. Such provision, which shall be included in every policy, shall provide that:

     (i) The policy may be canceled or nonrenewed without the prior written approval of the commissioner only for nonpayment of premium or as permitted under RCW 48.18.090; and

     (ii) The policy may be canceled or nonrenewed because of a change in the physical or mental condition or health of a covered person only with the prior written approval of the commissioner. Such approval shall be granted only when the insurer has discharged its obligation to continue coverage for such person by obtaining coverage with another insurer, health care service contractor, or health maintenance organization, which coverage is comparable in terms of premiums and benefits as defined by rule of the commissioner.

     (b) It is an unfair practice for a disability insurer to modify the coverage provided or rates applying to an in-force disability insurance policy and to fail to make such modification in all such issued and outstanding policies.

     (c) Subject to rules adopted by the commissioner, it is an unfair practice for a disability insurer to:

     (i) Cease the sale of a policy form unless it has received prior written authorization from the commissioner and has offered all policyholders covered under such discontinued policy the opportunity to purchase comparable coverage without health screening; or

     (ii) Engage in a practice that subjects policyholders to rate increases on discontinued policy forms unless such policyholders are offered the opportunity to purchase comparable coverage without health screening.

     The insurer may limit an offer of comparable coverage without health screening to a period not less than thirty days from the date the offer is first made.

     NEW SECTION. Sec. 284. A new section is added to chapter 48.44 RCW to read as follows:

     HEALTH CARE SERVICE CONTRACTS--UNFAIR PRACTICES. (1) With respect to all health care service contracts issued or renewed on and after July 1, 1994, except limited health care service contracts as defined in RCW 48.44.035:

     (a) Contracts shall guarantee continuity of coverage. Such provision, which shall be included in every contract, shall provide that:

     (i) The contract may be canceled or nonrenewed without the prior written approval of the commissioner only for nonpayment of premiums, for violation of published policies of the contractor which have been approved by the commissioner, for persons who are entitled to become eligible for medicare benefits and fail to subscribe to a medicare supplement plan offered by the contractor, for failure of such subscriber to pay any deductible or copayment amount owed to the contractor and not the provider of health care services, for fraud, or for a material breach of the contract; and

     (ii) The contract may be canceled or nonrenewed because of a change in the physical or mental condition or health of a covered person only with the prior written approval of the commissioner. Such approval shall be granted only when the contractor has discharged its obligation to continue coverage for such person by obtaining coverage with another insurer, health care service contractor, or health maintenance organization, which coverage is comparable in terms of premiums and benefits as defined by rule of the commissioner.

     (b) It is an unfair practice for a contractor to modify the coverage provided or rates applying to an in-force contract and to fail to make such modification in all such issued and outstanding contracts.

     (c) Subject to rules adopted by the commissioner, it is an unfair practice for a health care service contractor to:

     (i) Cease the sale of a contract form unless it has received prior written authorization from the commissioner and has offered all subscribers covered under such discontinued contract the opportunity to purchase comparable coverage without health screening; or

     (ii) Engage in a practice that subjects subscribers to rate increases on discontinued contract forms unless such subscribers are offered the opportunity to purchase comparable coverage without health screening.

     (2) The health care service contractor may limit an offer of comparable coverage without health screening to a period not less than thirty days from the date the offer is first made.

     NEW SECTION. Sec. 285. A new section is added to chapter 48.46 RCW to read as follows:

     HEALTH MAINTENANCE AGREEMENTS--UNFAIR PRACTICES. (1) With respect to all health maintenance agreements issued or renewed on and after July 1, 1994, and in addition to the restrictions and limitations contained in RCW 48.46.060(4):

     (a) Agreements shall guarantee continuity of coverage. Such provision, which shall be included in every agreement, shall provide that the agreement may be canceled or nonrenewed because of a change in the physical or mental condition or health of a covered person only with the prior written approval of the commissioner. Such approval shall be granted only when the organization has discharged its obligation to continue coverage for such person by obtaining coverage with another insurer, health care service contractor, or health maintenance organization, which coverage is comparable in terms of premiums and benefits as defined by rule of the commissioner.

     (b) It is an unfair practice for an organization to modify the coverage provided or rates applying to an in-force agreement and to fail to make such modification in all such issued and outstanding agreements.

     (c) Subject to rules adopted by the commissioner, it is an unfair practice for a health maintenance organization to:

     (i) Cease the sale of an agreement form unless it has received prior written authorization from the commissioner and has offered all enrollees covered under such discontinued agreement the opportunity to purchase comparable coverage without health screening; or

     (ii) Engage in a practice that subjects enrollees to rate increases on discontinued agreement forms unless such enrollees are offered the opportunity to purchase comparable coverage without health screening.

     (2) The health maintenance organization may limit an offer of comparable coverage without health screening to a period not less than thirty days from the date the offer is first made.

     Sec. 286. RCW 48.44.260 and 1979 c 133 s 3 are each amended to read as follows:

     HEALTH CARE SERVICE CONTRACTOR--NOTICE OF CANCELLATION. Every authorized health care service contractor, upon canceling, denying, or refusing to renew any individual health care service contract, shall, upon written request, directly notify in writing the applicant or ((insured)) subscriber, as the case may be, of the reasons for the action by the health care service contractor. Any benefits, terms, rates, or conditions of such a contract which are restricted, excluded, modified, increased, or reduced ((because of the presence of a sensory, mental, or physical handicap)) shall, upon written request, be set forth in writing and supplied to the ((insured)) subscriber. The written communications required by this section shall be phrased in simple language which is readily understandable to a person of average intelligence, education, and reading ability.

     Sec. 287. RCW 48.46.380 and 1983 c 106 s 16 are each amended to read as follows:

     HEALTH MAINTENANCE ORGANIZATION--NOTICE OF CANCELLATIONS. Every authorized health maintenance organization, upon canceling, denying, or refusing to renew any individual health maintenance agreement, shall, upon written request, directly notify in writing the applicant or enrolled participant as appropriate, of the reasons for the action by the health maintenance organization. Any benefits, terms, rates, or conditions of such agreement which are restricted, excluded, modified, increased, or reduced ((because of the presence of a sensory, mental, or physical handicap)) shall, upon written request, be set forth in writing and supplied to the individual. The written communications required by this section shall be phrased in simple language which is readily understandable to a person of average intelligence, education, and reading ability.

     NEW SECTION. Sec. 288. REPEALERS--REPORT; STUDIES. The following acts or parts of acts are each repealed:

     (1) RCW 48.46.160 and 1975 1st ex.s. c 290 s 17; and

     (2) RCW 48.46.905 and 1975 1st ex.s. c 290 s 25.

     NEW SECTION. Sec. 289. REPEALER--NONTERMINATION FOR CHANGE IN HEALTH. RCW 48.44.410 and 1986 c 223 s 12 are each repealed, effective July 1, 1994.

     NEW SECTION. Sec. 290. A new section is added to chapter 48.20 RCW to read as follows:

     CERTIFIED HEALTH PLAN PROVISIONS--APPLICATION. Whenever the provisions of this chapter conflict with the provision of sections 401 through 407, 409, and 424 through 456 of this act, sections 401 through 407, 409, and 424 through 456 of this act shall control.

     NEW SECTION. Sec. 291. A new section is added to chapter 48.21 RCW to read as follows:

     CERTIFIED HEALTH PLAN PROVISIONS--APPLICATION. Whenever the provisions of this chapter conflict with the provision of sections 401 through 407, 409, and 424 through 456 of this act, sections 401 through 407, 409, and 424 through 456 of this act shall control.

     NEW SECTION. Sec. 292. A new section is added to chapter 48.44 RCW to read as follows:

     CERTIFIED HEALTH PLAN PROVISIONS--APPLICATION. Whenever the provisions of this chapter conflict with the provision of sections 401 through 407, 409, and 424 through 456 of this act, sections 401 through 407, 409, and 424 through 456 of this act shall control.

     NEW SECTION. Sec. 293. A new section is added to chapter 48.46 RCW to read as follows:

     CERTIFIED HEALTH PLAN PROVISIONS--APPLICATION. Whenever the provisions of this chapter conflict with the provision of sections 401 through 407, 409, and 424 through 456 of this act, sections 401 through 407, 409, and 424 through 456 of this act shall control.

     Sec. 294. RCW 48.44.095 and 1983 c 202 s 3 are each amended to read as follows:

     ANNUAL STATEMENT. (1) Every health care service contractor shall annually, ((within one hundred twenty days of the closing date of its fiscal year)) before the first day of March, file with the commissioner a statement verified by at least two of the principal officers of the health care service contractor showing its financial condition as of the ((closing date of its fiscal year)) last day of the preceding calendar year. The statement shall be in such form as is furnished or prescribed by the commissioner. The commissioner may for good reason allow a reasonable extension of the time within which such annual statement shall be filed.

     (2) The commissioner may suspend or revoke the certificate of registration of any health care service contractor failing to file its annual statement when due or during any extension of time therefor which the commissioner, for good cause, may grant.

     Sec. 295. RCW 48.46.080 and 1983 c 202 s 10 and 1983 c 106 s 6 are each reenacted and amended to read as follows:

     ANNUAL STATEMENT. (1) Every health maintenance organization shall annually, ((within one hundred twenty days of the closing date of its fiscal year)) before the first day of March, file with the commissioner a statement verified by at least two of the principal officers of the health maintenance organization showing its financial condition as of the ((closing date of its fiscal year)) last day of the preceding calendar year.

     (2) Such annual report shall be in such form as the commissioner shall prescribe and shall include:

     (a) A financial statement of such organization, including its balance sheet and receipts and disbursements for the preceding year, which reflects at a minimum;

     (i) all prepayments and other payments received for health care services rendered pursuant to health maintenance agreements;

     (ii) expenditures to all categories of health care facilities, providers, insurance companies, or hospital or medical service plan corporations with which such organization has contracted to fulfill obligations to enrolled participants arising out of its health maintenance agreements, together with all other direct expenses including depreciation, enrollment, and commission; and

     (iii) expenditures for capital improvements, or additions thereto, including but not limited to construction, renovation, or purchase of facilities and capital equipment;

     (b) The number of participants enrolled and terminated during the report period. Every employer offering health care benefits to their employees through a group contract with a health maintenance organization shall furnish said health maintenance organization with a list of their employees enrolled under such plan;

     (c) The number of doctors by type of practice who, under contract with or as an employee of the health maintenance organization, furnished health care services to consumers during the past year;

     (d) A report of the names and addresses of all officers, directors, or trustees of the health maintenance organization during the preceding year, and the amount of wages, expense reimbursements, or other payments to such individuals for services to such organization. For partnership and professional service corporations, a report shall be made for partners or shareholders as to any compensation or expense reimbursement received by them for services, other than for services and expenses relating directly for patient care;

     (e) Such other information relating to the performance of the health maintenance organization or the health care facilities or providers with which it has contracted as reasonably necessary to the proper and effective administration of this chapter, in accordance with rules and regulations; and

     (f) Disclosure of any financial interests held by officers and directors in any providers associated with the health maintenance organization or any provider of the health maintenance organization.

     (3) The commissioner may for good reason allow a reasonable extension of the time within which such annual statement shall be filed.

     (4) The commissioner may suspend or revoke the certificate of registration of any health maintenance organization failing to file its annual statement when due or during any extension of time therefor which the commissioner, for good cause, may grant.

     (5) No person shall knowingly file with any public official or knowingly make, publish, or disseminate any financial statement of a health maintenance organization which does not accurately state the health maintenance organization's financial condition.


PART III. TAXES AND APPROPRIATIONS


     NEW SECTION. Sec. 301. A new section is added to chapter 48.14 RCW to read as follows:

     TAX ON PREMIUMS AND PREPAYMENTS. (1) As used in this section, "taxpayer" means a health maintenance organization, as defined in RCW 48.46.020, a health care service contractor, as defined in RCW 48.44.010, or a certified health plan certified under section 432 of this act.

     (2) Each taxpayer shall pay a tax on or before the first day of March of each year to the state treasurer through the insurance commissioner's office. The tax shall be equal to the total amount of all premiums and prepayments for health care services received by the taxpayer during the preceding calendar year multiplied by the rate of two percent.

     (3) Taxpayers shall prepay their tax obligations under this section. The minimum amount of the prepayments shall be percentages of the taxpayer's tax obligation for the preceding calendar year recomputed using the rate in effect for the current year. For the prepayment of taxes due during the first calendar year, the minimum amount of the prepayments shall be percentages of the taxpayer's tax obligation that would have been due had the tax been in effect during the previous calendar year. The tax prepayments shall be paid to the state treasurer through the commissioner's office by the due dates and in the following amounts:

     (a) On or before June 15, forty-five percent;

     (b) On or before September 15, twenty-five percent;

     (c) On or before December 15, twenty-five percent.

     (4) For good cause demonstrated in writing, the commissioner may approve an amount smaller than the preceding calendar year's tax obligation as recomputed for calculating the health maintenance organization's prepayment obligations for the current tax year.

     (5) Moneys collected under this section shall be deposited in the health services account under section 464 of this act.

     (6) The taxes imposed in this section do not apply to:

     (a) Amounts received by any taxpayer from the United States or any instrumentality thereof as prepayments for health care services provided under Title XVIII (medicare) of the federal social security act. This exemption shall expire July 1, 1997.

     (b) Amounts received by any health care service contractor, as defined in RCW 48.44.010, as prepayments for health care services included within the definition of practice of dentistry under RCW 18.32.020. This exemption does not apply to amounts received under a certified health plan certified under section 432 of this act.

     Sec. 302. RCW 48.14.080 and 1949 c 190 s 21 are each amended to read as follows:

     PREMIUM TAX IN LIEU OF OTHER FORMS. As to insurers other than title insurers, the taxes imposed by this title shall be in lieu of all other taxes, except taxes on real and tangible personal property ((and)), excise taxes on the sale, purchase or use of such property, and the tax imposed in RCW 82.04.260(15).

     NEW SECTION. Sec. 303. A new section is added to chapter 82.04 RCW to read as follows:

     EXEMPTION FROM BUSINESS AND OCCUPATION TAX. This chapter does not apply to any health maintenance organization, health care service contractor, or certified health plan in respect to premiums or prepayments that are taxable under section 301 of this act.

     Sec. 304. RCW 82.04.260 and 1991 c 272 s 15 are each amended to read as follows:

     TAX ON HOSPITALS OPERATED AS NONPROFIT CORPORATIONS. (1) Upon every person engaging within this state in the business of buying wheat, oats, dry peas, dry beans, lentils, triticale, corn, rye and barley, but not including any manufactured or processed products thereof, and selling the same at wholesale; the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of one one-hundredth of one percent.

     (2) Upon every person engaging within this state in the business of manufacturing wheat into flour, barley into pearl barley, soybeans into soybean oil, or sunflower seeds into sunflower oil; as to such persons the amount of tax with respect to such business shall be equal to the value of the flour, pearl barley, or oil manufactured, multiplied by the rate of one-eighth of one percent.

     (3) Upon every person engaging within this state in the business of splitting or processing dried peas; as to such persons the amount of tax with respect to such business shall be equal to the value of the peas split or processed, multiplied by the rate of one-quarter of one percent.

     (4) Upon every person engaging within this state in the business of manufacturing seafood products which remain in a raw, raw frozen, or raw salted state at the completion of the manufacturing by that person; as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured, multiplied by the rate of one-eighth of one percent.

     (5) Upon every person engaging within this state in the business of manufacturing by canning, preserving, freezing or dehydrating fresh fruits and vegetables; as to such persons the amount of tax with respect to such business shall be equal to the value of the products canned, preserved, frozen or dehydrated multiplied by the rate of three-tenths of one percent.

     (6) Upon every nonprofit corporation and nonprofit association engaging within this state in research and development, as to such corporations and associations, the amount of tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of forty-four one-hundredths of one percent.

     (7) Upon every person engaging within this state in the business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at wholesale only and not at retail; as to such persons the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of twenty-five one-hundredths of one percent through June 30, 1986, and one-eighth of one percent thereafter.

     (8) Upon every person engaging within this state in the business of making sales, at retail or wholesale, of nuclear fuel assemblies manufactured by that person, as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the assemblies multiplied by the rate of twenty-five one-hundredths of one percent.

     (9) Upon every person engaging within this state in the business of manufacturing nuclear fuel assemblies, as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured multiplied by the rate of twenty-five one-hundredths of one percent.

     (10) Upon every person engaging within this state in the business of acting as a travel agent; as to such persons the amount of the tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of twenty-five one-hundredths of one percent.

     (11) Upon every person engaging within this state in business as an international steamship agent, international customs house broker, international freight forwarder, vessel and/or cargo charter broker in foreign commerce, and/or international air cargo agent; as to such persons the amount of the tax with respect to only international activities shall be equal to the gross income derived from such activities multiplied by the rate of thirty-three one-hundredths of one percent.

     (12) Upon every person engaging within this state in the business of stevedoring and associated activities pertinent to the movement of goods and commodities in waterborne interstate or foreign commerce; as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds derived from such activities multiplied by the rate of thirty-three one hundredths of one percent. Persons subject to taxation under this subsection shall be exempt from payment of taxes imposed by chapter 82.16 RCW for that portion of their business subject to taxation under this subsection. Stevedoring and associated activities pertinent to the conduct of goods and commodities in waterborne interstate or foreign commerce are defined as all activities of a labor, service or transportation nature whereby cargo may be loaded or unloaded to or from vessels or barges, passing over, onto or under a wharf, pier, or similar structure; cargo may be moved to a warehouse or similar holding or storage yard or area to await further movement in import or export or may move to a consolidation freight station and be stuffed, unstuffed, containerized, separated or otherwise segregated or aggregated for delivery or loaded on any mode of transportation for delivery to its consignee. Specific activities included in this definition are: Wharfage, handling, loading, unloading, moving of cargo to a convenient place of delivery to the consignee or a convenient place for further movement to export mode; documentation services in connection with the receipt, delivery, checking, care, custody and control of cargo required in the transfer of cargo; imported automobile handling prior to delivery to consignee; terminal stevedoring and incidental vessel services, including but not limited to plugging and unplugging refrigerator service to containers, trailers, and other refrigerated cargo receptacles, and securing ship hatch covers.

     (13) Upon every person engaging within this state in the business of disposing of low-level waste, as defined in RCW 43.145.010; as to such persons the amount of the tax with respect to such business shall be equal to the gross income of the business, excluding any fees imposed under chapter 43.200 RCW, multiplied by the rate of fifteen percent.

     (a) The rate specified in this subsection shall be reduced to ten percent on May 20, 1991.

     (b) The rate specified in this subsection shall be further reduced to five percent on January 1, 1992.

     (c) The rate specified in this subsection shall be further reduced to three percent on July 1, 1993.

     If the gross income of the taxpayer is attributable to activities both within and without this state, the gross income attributable to this state shall be determined in accordance with the methods of apportionment required under RCW 82.04.460.

     (14) Upon every person engaging within this state as an insurance agent, insurance broker, or insurance solicitor licensed under chapter 48.17 RCW; as to such persons, the amount of the tax with respect to such licensed activities shall be equal to the gross income of such business multiplied by the rate of one percent.

     (15) Upon every person engaging within this state in business as a hospital, as defined in chapter 70.41 RCW, that is operated as a nonprofit corporation, as to such persons, the amount of tax with respect to such activities shall be equal to the gross income of the business multiplied by the rate of five-tenths of one percent through June 30, 1995, and one and five-tenths percent thereafter. The moneys collected under this subsection shall be deposited in the health services account created under section 464 of this act.

     Sec. 305. RCW 82.04.4289 and 1981 c 178 s 2 are each amended to read as follows:

     HOSPITAL EXEMPTION DELETED. ((In computing tax there may be deducted from the measure of tax)) This chapter does not apply to amounts derived as compensation for services rendered to patients or from sales of prescription drugs as defined in RCW 82.08.0281 furnished as an integral part of services rendered to patients by ((a hospital, as defined in chapter 70.41 RCW, which is operated as a nonprofit corporation,)) a kidney dialysis facility operated as a nonprofit corporation, ((whether or not operated in connection with a hospital,)) nursing homes, and homes for unwed mothers operated as religious or charitable organizations, but only if no part of the net earnings received by such an institution inures directly or indirectly, to any person other than the institution entitled to deduction hereunder. ((In no event shall any such deduction be allowed, unless the hospital building is entitled to exemption from taxation under the property tax laws of this state.))

     NEW SECTION. Sec. 306. REPEALER--PRESCRIPTION DRUG DEDUCTION FOR PUBLICLY OPERATED HOSPITALS. RCW 82.04.4288 and 1980 c 37 s 9 are each repealed.

     Sec. 307. RCW 82.24.020 and 1989 c 271 s 504 are each amended to read as follows:

     TAX ON CIGARETTES. (1) There is levied and there shall be collected as ((hereinafter)) provided in this chapter, a tax upon the sale, use, consumption, handling, possession or distribution of all cigarettes, in an amount equal to the rate of eleven and one-half mills per cigarette.

     (2) Until July 1, 1995, an additional tax is imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to the rate of one and one-half mills per cigarette. All revenues collected during any month from this additional tax shall be deposited in the drug enforcement and education account under RCW 69.50.520 by the twenty-fifth day of the following month.

     (3) An additional tax is imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to the rate of ten mills per cigarette through June 30, 1994, eleven and one-fourth mills per cigarette for the period July 1, 1994, through June 30, 1995, twenty mills per cigarette for the period July 1, 1995, through June 30, 1996, and twenty and one-half mills per cigarette thereafter. All revenues collected during any month from this additional tax shall be deposited in the health services account created under section 464 of this act by the twenty-fifth day of the following month.

     (4) Wholesalers and retailers subject to the payment of this tax may, if they wish, absorb one-half mill per cigarette of the tax and not pass it on to purchasers without being in violation of this section or any other act relating to the sale or taxation of cigarettes.

     (((4))) (5) For purposes of this chapter, "possession" shall mean both (a) physical possession by the purchaser and, (b) when cigarettes are being transported to or held for the purchaser or his or her designee by a person other than the purchaser, constructive possession by the purchaser or his designee, which constructive possession shall be deemed to occur at the location of the cigarettes being so transported or held.

     Sec. 308. RCW 82.24.080 and 1972 ex.s. c 157 s 4 are each amended to read as follows:

     TAX LIABILITY--CIGARETTE TAX. It is the intent and purpose of this chapter to levy a tax on all of the articles taxed ((herein)) under this chapter, sold, used, consumed, handled, possessed, or distributed within this state and to collect the tax from the person who first sells, uses, consumes, handles, possesses (either physically or constructively, in accordance with RCW 82.24.020) or distributes them in the state. It is further the intent and purpose of this chapter that whenever any of the articles ((herein)) taxed under this chapter is given away for advertising or any other purpose, it shall be taxed in the same manner as if it were sold, used, consumed, handled, possessed, or distributed in this state.

     It is also the intent and purpose of this chapter that the tax shall be imposed at the time and place of the first taxable event occurring within this state((: PROVIDED, HOWEVER, That)). Failure to pay the tax with respect to a taxable event shall not prevent tax liability from arising by reason of a subsequent taxable event.

     In the event of an increase in the rate of the tax imposed under this chapter, it is the intent of the legislature that the first person who sells, uses, consumes, handles, possesses, or distributes previously taxed articles after the effective date of the rate increase shall be liable for the additional tax represented by the rate increase, but the failure to pay the additional tax with respect to the first taxable event after the effective date of a rate increase shall not prevent tax liability for the additional tax from arising from a subsequent taxable event.

     Sec. 309. RCW 82.26.020 and 1983 2nd ex.s. c 3 s 16 are each amended to read as follows:

     TAX ON TOBACCO PRODUCTS. (1) ((From and after June 1, 1971,)) There is levied and there shall be collected a tax upon the sale, use, consumption, handling, or distribution of all tobacco products in this state at the rate of forty-five percent of the wholesale sales price of such tobacco products. ((Such tax))

     (2) Taxes under this section shall be imposed at the time the distributor (a) brings, or causes to be brought, into this state from without the state tobacco products for sale, (b) makes, manufactures, or fabricates tobacco products in this state for sale in this state, or (c) ships or transports tobacco products to retailers in this state, to be sold by those retailers.

     (((2))) (3) An additional tax is imposed equal to ((the rate specified in RCW 82.02.030)) seven percent multiplied by the tax payable under subsection (1) of this section.

     (4) An additional tax is imposed equal to ten percent of the wholesale sales price of tobacco products. The moneys collected under this subsection shall be deposited in the health services account created under section 464 of this act.

     Sec. 310. RCW 82.08.150 and 1989 c 271 s 503 are each amended to read as follows:

     TAX ON SPIRITS. (1) There is levied and shall be collected a tax upon each retail sale of spirits, or strong beer in the original package at the rate of fifteen percent of the selling price. The tax imposed in this subsection shall apply to all such sales including sales by the Washington state liquor stores and agencies, but excluding sales to class H licensees.

     (2) There is levied and shall be collected a tax upon each sale of spirits, or strong beer in the original package at the rate of ten percent of the selling price on sales by Washington state liquor stores and agencies to class H licensees.

     (3) There is levied and shall be collected an additional tax upon each retail sale of spirits in the original package at the rate of one dollar and seventy-two cents per liter. The additional tax imposed in this subsection shall apply to all such sales including sales by Washington state liquor stores and agencies, and including sales to class H licensees.

     (4) An additional tax is imposed equal to ((the rate specified in RCW 82.02.030)) fourteen percent multiplied by the taxes payable under subsections (1), (2), and (3) of this section.

     (5) Until July 1, 1995, an additional tax is imposed upon each retail sale of spirits in the original package at the rate of seven cents per liter. The additional tax imposed in this subsection shall apply to all such sales including sales by Washington state liquor stores and agencies, and including sales to class H licensees. All revenues collected during any month from this additional tax shall be deposited in the drug enforcement and education account under RCW 69.50.520 by the twenty-fifth day of the following month.

     (6)(a) An additional tax is imposed upon retail sale of spirits in the original package at the rate of one and seven-tenths percent of the selling price through June 30, 1995, two and six-tenths percent of the selling price for the period July 1, 1995, through June 30, 1997, and three and four-tenths of the selling price thereafter. This additional tax applies to all such sales including sales by Washington state liquor stores and agencies, but excluding sales to class H licensees.

     (b) An additional tax is imposed upon retail sale of spirits in the original package at the rate of one and one-tenth percent of the selling price through June 30, 1995, one and seven-tenths percent of the selling price for the period July 1, 1995, through June 30, 1997, and two and three-tenths of the selling price thereafter. This additional tax applies to all such sales to class H licensees.

     (c) An additional tax is imposed upon each retail sale of spirits in the original package at the rate of twenty cents per liter through June 30, 1995, thirty cents per liter for the period July 1, 1995, through June 30, 1997, and forty-one cents per liter thereafter. This additional tax applies to all such sales including sales by Washington state liquor stores and agencies, and including sales to class H licensees.

     (d) All revenues collected during any month from additional taxes under this subsection shall be deposited in the health services account created under section 464 of this act by the twenty-fifth day of the following month.

     (7) The tax imposed in RCW 82.08.020((, as now or hereafter amended,)) shall not apply to sales of spirits or strong beer in the original package.

     (((7))) (8) The taxes imposed in this section shall be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the tax payable in respect to each taxable sale under this section. The taxes required by this section to be collected by the seller shall be stated separately from the selling price and for purposes of determining the tax due from the buyer to the seller, it shall be conclusively presumed that the selling price quoted in any price list does not include the taxes imposed by this section.

     (((8))) (9) As used in this section, the terms, "spirits," "strong beer," and "package" shall have the meaning ascribed to them in chapter 66.04 RCW.

     Sec. 311. RCW 66.24.210 and 1991 c 192 s 3 are each amended to read as follows:

     TAX ON WINE--REDUCED RATE FOR CERTAIN WINERIES. (1) There is hereby imposed upon all wines sold to wine wholesalers and the Washington state liquor control board, within the state a tax at the rate of twenty and one-fourth cents per liter((: PROVIDED, HOWEVER, That)). Wine sold or shipped in bulk from one winery to another winery shall not be subject to such tax. The tax provided for in this section may, if so prescribed by the board, be collected by means of stamps to be furnished by the board, or by direct payments based on wine purchased by wine wholesalers. Every person purchasing wine under the provisions of this section shall on or before the twentieth day of each month report to the board all purchases during the preceding calendar month in such manner and upon such forms as may be prescribed by the board, and with such report shall pay the tax due from the purchases covered by such report unless the same has previously been paid. Any such purchaser of wine whose applicable tax payment is not postmarked by the twentieth day following the month of purchase will be assessed a penalty at the rate of two percent a month or fraction thereof. If this tax be collected by means of stamps, every such person shall procure from the board revenue stamps representing the tax in such form as the board shall prescribe and shall affix the same to the package or container in such manner and in such denomination as required by the board and shall cancel the same prior to the delivery of the package or container containing the wine to the purchaser. If the tax is not collected by means of stamps, the board may require that every such person shall execute to and file with the board a bond to be approved by the board, in such amount as the board may fix, securing the payment of the tax. If any such person fails to pay the tax when due, the board may forthwith suspend or cancel the license until all taxes are paid.

     (2) An additional tax is imposed equal to ((the rate specified in RCW 82.02.030)) seven percent multiplied by the tax payable under subsection (1) of this section. All revenues collected during any month from this additional tax shall be transferred to the state general fund by the twenty-fifth day of the following month.

     (3) An additional tax is imposed on wines subject to tax under subsection (1) of this section, at the rate of one-fourth of one cent per liter for wine sold after June 30, 1987. Such additional tax shall cease to be imposed on July 1, 1993. All revenues collected under this subsection (3) shall be disbursed quarterly to the Washington wine commission for use in carrying out the purposes of chapter 15.88 RCW.

     (4) Until July 1, 1995, an additional tax is imposed on all wine subject to tax under subsection (1) of this section. The additional tax is equal to twenty-three and forty-four one-hundredths cents per liter on fortified wine as defined in RCW 66.04.010(34) when bottled or packaged by the manufacturer and one cent per liter on all other wine. All revenues collected during any month from this additional tax shall be deposited in the drug enforcement and education account under RCW 69.50.520 by the twenty-fifth day of the following month.

     (5)(a) An additional tax is imposed on all wine subject to tax under subsection (1) of this section. On fortified wine as defined in RCW 66.04.010(34) when bottled or packaged by the manufacturer the additional tax is equal to four and five-tenths cents per liter through June 30, 1995, five and seven-tenths cents per liter for the period July 1, 1995, through June 30, 1997, and twenty-two and seven-tenths cents per liter thereafter. On all other wines the additional tax is equal to two and three-tenths cents per liter through June 30, 1995, five and seven-tenths cents per liter for the period July 1, 1995, through June 30, 1997, and eleven and five-tenths cents per liter thereafter.

     (b) The additional tax imposed under this subsection (5) does not apply in respect to nonfortified wine produced during a calendar year by any winery that produced one million gallons of wine or less during the previous calendar year.

     (c) A single reduced tax rate applies under this subsection (5) in respect to all nonfortified wine produced during a calendar year by any winery that produced more than one million but less than two million gallons of wine during the previous calendar year. The reduced tax rate is equal to the rate per liter otherwise applicable under (a) of this subsection, multiplied by one percent for each ten thousand gallons produced in excess of one million gallons by the winery during the previous calendar year.

     (d) All revenues collected from the additional tax imposed under this subsection (5) shall be deposited in the health services account under section 464 of this act by the twenty-fifth day of the following month.

     Sec. 312. RCW 66.24.290 and 1989 c 271 s 502 are each amended to read as follows:

     TAX ON BEER--REDUCED RATE FOR CERTAIN BREWERIES. (1) Any brewer or beer wholesaler licensed under this title may sell and deliver beer to holders of authorized licenses direct, but to no other person, other than the board; and every such brewer or beer wholesaler shall report all sales to the board monthly, pursuant to the regulations, and shall pay to the board as an added tax for the privilege of manufacturing and selling the beer within the state a tax of two dollars and sixty cents per barrel of thirty-one gallons on sales to licensees within the state and on sales to licensees within the state of bottled and canned beer shall pay a tax computed in gallons at the rate of two dollars and sixty cents per barrel of thirty-one gallons. Any brewer or beer wholesaler whose applicable tax payment is not postmarked by the twentieth day following the month of sale will be assessed a penalty at the rate of two percent per month or fraction thereof. Each such brewer or wholesaler shall procure from the board revenue stamps representing such tax in form prescribed by the board and shall affix the same to the barrel or package in such manner and in such denominations as required by the board, and shall cancel the same prior to commencing delivery from his or her place of business or warehouse of such barrels or packages. Beer shall be sold by brewers and wholesalers in sealed barrels or packages. The revenue stamps ((herein)) provided ((for)) under this section need not be affixed and canceled in the making of resales of barrels or packages already taxed by the affixation and cancellation of stamps as provided in this section.

     (2) An additional tax is imposed equal to ((the rate specified in RCW 82.02.030)) seven percent multiplied by the tax payable under subsection (1) of this section. All revenues collected during any month from this additional tax shall be transferred to the state general fund by the twenty-fifth day of the following month.

     (3) Until July 1, 1995, an additional tax is imposed on all beer subject to tax under subsection (1) of this section. The additional tax is equal to two dollars per barrel of thirty-one gallons. All revenues collected during any month from this additional tax shall be deposited in the drug enforcement and education account under RCW 69.50.520 by the twenty-fifth day of the following month.

     (4)(a) An additional tax is imposed on all beer subject to tax under subsection (1) of this section. The additional tax is equal to ninety-six cents per barrel of thirty-one gallons through June 30, 1995, two dollars and thirty-nine cents per barrel of thirty-one gallons for the period July 1, 1995, through June 30, 1997, and four dollars and seventy-eight cents per barrel of thirty-one gallons thereafter.

     (b) The additional tax imposed under this subsection does not apply to the sale of the first sixty thousand barrels of beer each year by breweries that are entitled to a reduced rate of tax under 26 U.S.C. Sec. 5051, as existing on the effective date of this section or such subsequent date as may be provided by the board by rule consistent with the purposes of this exemption.

     (c) All revenues collected from the additional tax imposed under this subsection (4) shall be deposited in the health services account under section 464 of this act.

     (5) The tax imposed under this section shall not apply to "strong beer" as defined in this title.

     Sec. 313. RCW 82.02.030 and 1990 c 42 s 319 are each amended to read as follows:

     ADDITIONAL TAX RATES. (((1))) The rate of the additional taxes under RCW 54.28.020(2), 54.28.025(2), ((66.24.210(2), 66.24.290(2),)) 82.04.2901, 82.16.020(2), ((82.26.020(2),)) 82.27.020(5), and 82.29A.030(2) shall be seven percent((; and

     (2) The rate of the additional taxes under RCW 82.08.150(4) shall be fourteen percent)).

     NEW SECTION. Sec. 314. APPROPRIATIONS. The following appropriations are made for the biennium ending June 30, 1995, to implement this act:

     (1) The sum of one hundred seventy three million nine hundred thousand dollars is appropriated from the health services account to the personal health services account for subsidized health access for low-income Washington residents.

     (2) The sum of five million dollars is appropriated from the health services account to the personal health services account for community and migrant clinic services to low-income individuals and families.

     (3) The sum of twenty million dollars is appropriated from the health services account to the public health services account for the purpose of maintaining and improving the health of Washington residents. Specific improvements shall include but are not limited to: Expanded immunization, counter message advertising, pregnancy and sexually transmitted disease prevention services, tuberculosis control, and HIV programs.

     (4) The sum of four million three hundred thousand dollars is appropriated from the health services account to the health system capacity account for the state-wide family medicine program and training of physician assistants and nurse practitioners, for health professional scholarship and loan repayment programs, and for other activities designed to improve the supply of primary health care providers.

     (5) The sum of four million dollars is appropriated to the public health services account for maintaining and enhancing services provided through the department of health.

     (6) The sum of six million five hundred thousand dollars is appropriated to the health system capacity account for the operation of the health care commission and data services and analytical activities in support of the health care system.


PART IV. HEALTH AND MEDICAL SYSTEM REFORM


     NEW SECTION. Sec. 401. INTENT. The legislature intends that chapter . . ., Laws of 1993 (this act) establish structures, processes, and specific financial limits to stabilize the overall cost of medical care within the economy, reduce the demand for unneeded medical care, provide access to essential health and medical services, improve public health, and ensure that medical system costs do not undermine the financial viability of nonmedical care businesses.

     NEW SECTION. Sec. 402. DEFINITIONS. In this chapter, unless the context otherwise requires:

     (1)(a) "Certified health plan" or "plan" means a disability insurer regulated under chapter 48.20 or 48.21 RCW, a health care service contractor as defined in RCW 48.44.010, a health maintenance organization as defined in RCW 48.46.020, or an entity certified in accordance with sections 431 through 442 of this act which insurer, contractor, health maintenance organization, or entity contracts to administer or provide the uniform benefits package in a managed care setting consistent with the requirements of this chapter.

     (b) "Certified health plan" or "plan" also means an employee health benefits plan maintained by an employer who self-insures such benefits and chooses to comply with sections 431 through 442 of this act.

     (2) "Chair" means the presiding officer of the Washington health services commission.

     (3) "Commission" means the Washington health services commission.

     (4) "Community rate" means the rating method used to establish the premium for the uniform benefits package adjusted to reflect actuarially demonstrated differences in utilization or cost attributable to geographic region and family size as determined by the commission.

     (5) "Continuous quality improvement and total quality management" means a continuous process to improve health services while reducing costs.

     (6) "Employee" means a resident who is in the employment of an employer, as defined by chapter 50.04 RCW. A qualified employee for full employer contributions is an employee who is employed at least thirty hours during a week or one hundred twenty hours during a calendar month.

     (7) "Enrollee" means any person who is a Washington resident enrolled in a certified health plan.

     (8) "Enrollee point of service cost-sharing" means copayments or coinsurance paid to certified health plans directly providing services, health care providers, or health care facilities by enrollees for receipt of specific uniform benefits package services, within limits established by the commission.

     (9) "Enrollee premium sharing" means that portion of the premium, determined by the commission, that is paid by enrollees or their family members.

     (10) "Federal poverty level" means the federal poverty guidelines determined annually by the United States department of health and human services or successor agency.

     (11) "Health care facility" or "facility" means hospices licensed under chapter 70.127 RCW, hospitals licensed under chapter 70.41 RCW, rural health facilities as defined in RCW 70.175.020, psychiatric hospitals licensed under chapter 71.12 RCW, nursing homes licensed under chapter 18.51 RCW, community mental health centers licensed under chapter 71.05 or 71.24 RCW, kidney disease treatment centers licensed under chapter 70.41 RCW, ambulatory diagnostic, treatment or surgical facilities licensed under chapter 70.41 RCW, drug and alcohol treatment facilities licensed under chapter 70.96A RCW, and home health agencies licensed under chapter 70.127 RCW, and includes such facilities if owned and operated by a political subdivision or instrumentality of the state and such other facilities as required by federal law and implementing regulations, but does not include Christian Science sanatoriums operated, listed, or certified by the First Church of Christ Scientist, Boston, Massachusetts.

     (12) "Health care provider" or "provider" means:

     (a) A person regulated under Title 18 RCW and chapter 70.127 RCW, to practice health or health-related services or otherwise practicing health care services in this state consistent with state law; or

     (b) An employee or agent of a person described in (a) of this subsection, acting in the course and scope of his or her employment.

     (13) "Health insurance purchasing cooperative" or "cooperative" means a member-owned and governed nonprofit organization certified in accordance with sections 424 and 425 of this act.

     (14) "Long-term care" means institutional, residential, outpatient, or community-based services that meet the individual needs of persons of all ages who are limited in their functional capacities or have disabilities and require assistance with performing two or more activities of daily living for an extended or indefinite period of time. These services include case management, protective supervision, in-home care, nursing services, convalescent, custodial, chronic, and terminally ill care.

     (15) "Major capital expenditure" means any single expenditure for capital construction, renovations, or acquisition, including medical technological equipment, as defined by the commission, costing more than one million dollars.

     (16) "Managed care" means an integrated system of insurance, financing, and health services delivery functions that assumes financial risk for delivery of health services and that uses a defined network of providers or that promotes the efficient delivery of health services through provider assumption of some financial risk including capitation, prospective payment, resource-based relative value scales, fee schedules, or similar method of limiting payments to health care providers.

     (17) "Maximum enrollee financial participation" means the income-related total annual payments that may be required of an enrollee per family who chooses one of the three lowest priced plans in a geographic region including both premium-sharing and enrollee point of service cost-sharing.

     (18) "Persons of color" means Asians/Pacific Islanders, African, Hispanic, and Native Americans.

     (19) "Premium" means all sums charged, received, or deposited by a certified health plan as consideration for a uniform benefits package or the continuance of a uniform benefits package. Any assessment, or any "membership," "policy," "contract," "service," or similar fee or charge made by the certified health plan in consideration for the uniform benefits package is deemed part of the premium.

     (20) "Supplemental benefits" means those appropriate and effective health services, defined by the commission, in accordance with section 449 of this act, that expand coverage under the uniform benefits package and that may be offered to all Washington residents through certified health plans.

     (21) "Technology" means the drugs, devices, equipment, and medical or surgical procedures used in the delivery of health services, and the organizational or supportive systems within which such services are provided. It also means sophisticated and complicated machinery developed as a result of ongoing research in the basic biological and physical sciences, clinical medicine, electronics, and computer sciences, as well as specialized professionals, medical equipment, procedures, and chemical formulations used for both diagnostic and therapeutic purposes.

     (22) "Uniform benefits package" or "package" means those appropriate and effective health services, defined by the commission under section 448 of this act, that must be offered to all Washington residents through certified health plans.

     (23) "Washington resident" or "resident" means a person who intends to reside in the state permanently or indefinitely and who did not move to Washington for the primary purpose of securing health services under sections 426 through 456 of this act. "Washington resident" also includes people and their accompanying family members who are in the state for the purpose of engaging in employment for at least one month, who did not enter the state for the primary purpose of obtaining health services. The confinement of a person in a nursing home, hospital, or other medical institution in the state shall not by itself be sufficient to qualify such person as a resident.


A. THE WASHINGTON HEALTH SERVICES COMMISSION


     NEW SECTION. Sec. 403. CREATION OF COMMISSION--MEMBERSHIP--TERMS OF OFFICE--VACANCIES--SALARIES. (1) There is created an agency of state government to be known as the Washington health services commission. The commission shall consist of five members reflecting ethnic and racial diversity, appointed by the governor, with the consent of the senate. One member shall be designated by the governor as chair and shall serve at the pleasure of the governor. The insurance commissioner shall serve as a nonvoting member. Of the initial members, one shall be appointed to a term of three years, two shall be appointed to a term of four years, and two shall be appointed to a term of five years. Thereafter, members shall be appointed to five-year terms. Vacancies shall be filled by appointment for the remainder of the unexpired term of the position being vacated.

     (2) Members of the commission shall have no pecuniary interest in any business subject to regulation by the commission and shall be subject to chapter 42.18 RCW, the executive branch conflict of interest act.

     (3) Members of the commission shall occupy their positions on a full-time basis and are exempt from the provisions of chapter 41.06 RCW. Commission members and the professional commission staff are subject to the public disclosure provisions of chapter 42.17 RCW. Members shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040. A majority of the members of the commission constitutes a quorum for the conduct of business.

     NEW SECTION. Sec. 404. ADVISORY COMMITTEES. (1)(a) The commission shall appoint a technical advisory committee with a balanced representation of members representing consumers, business, government, labor, insurers, practicing health care providers, and health services researchers; the membership shall reflect ethnic and racial diversity. The chair may also appoint ad hoc and special committees for a specified time period.

     (b) The commission shall also appoint health services effectiveness panels for specified periods of time to provide specific technical guidance related to appropriate and effective health services, use of technology and practice guidelines, and development of the uniform benefits package. Panels should include technical experts, such as general practitioners, specialty physicians or providers, health service researchers, health ethicists, epidemiologists, and public health experts who reflect the state's ethnic and cultural diversity.

     (c) The commission shall also appoint a small business advisory committee composed of seven small business owners to assist the commission in development of the small business economic impact statement and the small business assistance program, as provided in sections 448(7) and 456 of this act.

     (d) The commission shall also appoint an organized labor advisory committee composed of seven representatives of employee organizations representing employees of public or private employers. The committee shall assist the commission in conducting the evaluation of Taft-Hartley health care trusts and self-insured employee health benefits plans, as provided in section 406(25) of this act, and shall advise the commission on issues related to the impact of chapter . . ., Laws of 1993 (this act) on negotiated health benefits agreements and other employee health benefits plans.

     (2) Members of committees and panels shall serve without compensation for their services but shall be reimbursed for their expenses while attending meetings on behalf of the commission in accordance with RCW 43.03.050 and 43.03.060.

     NEW SECTION. Sec. 405. POWERS AND DUTIES OF THE CHAIR. The chair shall be the chief administrative officer and the appointing authority of the commission and has the following powers and duties:

     (1) Direct and supervise the commission's administrative and technical activities in accordance with the provisions of this chapter and rules and policies adopted by the commission;

     (2) Employ personnel of the commission, representative of ethnic diversity, in accordance with chapter 41.06 RCW, and prescribe their duties. With the approval of a majority of the commission, the chair may appoint persons to administer any entity established pursuant to subsection (8) of this section, and up to seven additional employees all of whom shall be exempt from the provisions of chapter 41.06 RCW;

     (3) Enter into contracts on behalf of the commission;

     (4) Accept and expend gifts, donations, grants, and other funds received by the commission;

     (5) Delegate administrative functions of the commission to employees of the commission as the chair deems necessary to ensure efficient administration;

     (6) Subject to approval of the commission, appoint advisory committees and undertake studies, research, and analysis necessary to support activities of the commission;

     (7) Preside at meetings of the commission;

     (8) Consistent with policies and rules established by the commission, establish such administrative divisions, offices, or programs as are necessary to carry out the purposes of chapter . . ., Laws of 1993 (this act); and

     (9) Perform such other administrative and technical duties as are consistent with chapter . . ., Laws of 1993 (this act) and the rules and policies of the commission.

     NEW SECTION. Sec. 406. POWERS AND DUTIES OF THE COMMISSION. The commission has the following powers and duties:

     (1) Ensure that all residents of Washington state are enrolled in a certified health plan to receive the uniform benefits package, regardless of age, sex, family structure, ethnicity, race, health condition, geographic location, employment, or economic status.

     (2) Endeavor to ensure that all residents of Washington state have access to appropriate, timely, confidential, and effective health services, and monitor the degree of access to such services. If the commission finds that individuals or populations lack access to certified health plan services, the commission shall:

     (a) Authorize appropriate state agencies, local health departments, community or migrant health clinics, public hospital districts, or other nonprofit health service entities to take actions necessary to assure such access. This includes authority to contract for or directly deliver services described within the uniform benefits package to special populations; or

     (b) Notify appropriate certified health plans and the insurance commissioner of such findings. The commission shall adopt by rule standards by which the insurance commissioner may, in such event, require certified health plans in closest proximity to such individuals and populations to extend their catchment areas to those individuals and populations and offer them enrollment.

     (3) Adopt necessary rules in accordance with chapter 34.05 RCW to carry out the purposes of chapter . . ., Laws of 1993 (this act). An initial set of draft rules establishing at least the commission's organization structure, the uniform benefits package, enrollee and employer financial participation, levels of and standards for certified health plan certification, must be submitted in draft form to appropriate committees of the legislature by December 1, 1994.

     (4) Establish and modify as necessary, in consultation with the state board of health and the department of health, and coordination with the planning process set forth in section 462 of this act a uniform set of health services based on the recommendations of the health care cost control and access commission.

     (5) Establish and modify as necessary, the uniform benefits package and supplemental benefits packages, as provided in sections 448 and 449 of this act, which shall be offered to enrollees of a certified health plan. The benefit package shall be provided at no more than the maximum premium specified in subsection (6) of this section.

     (6)(a) Establish for each year a community-rated maximum premium for the uniform benefits package that shall operate to control overall health care costs in the case that the limited sponsor contribution to a percentage of the lowest priced plan and other market reforms do not stimulate effective price competition and control costs. The premium cost of the uniform benefits package in 1995 shall be based upon an actuarial determination of the costs of providing the uniform benefits package, assuming cost savings that may result from reductions in cost shifting, the use of managed care, identification of cost-effective and clinically efficacious services, assuming cost increases that may result from the direct or indirect effect of changes in taxation, aging of the population, and availability and effectiveness of new medical technology, and any other factors deemed relevant by the commission. Beginning in 1996, the growth rate of the premium cost of the uniform benefits package for each certified health plan shall be allowed to increase by a rate no greater than the average growth rate in the cost of the package between 1990 and 1993 as actuarially determined, reduced by two percentage points per year until the growth rate is no greater than the five-year rolling average of growth in Washington per capita personal income, as determined by the office of financial management.

     (b) In establishing the community-rated maximum premium under this subsection, the commission shall endeavor to minimize any economic incentive to an employer to discriminate between prospective employees based upon whether or not they have dependents for whom coverage would be required.

     (c) If the commission adds or deletes services or benefits to the uniform benefits package in subsequent years, it may increase or decrease the maximum premium to reflect the actual cost experience of a broad sample of providers of that service in the state, considering the factors enumerated in (a) of this subsection and adjusted actuarially. The addition of services or benefits shall not result in a redetermination of the entire cost of the uniform benefits package.

     (d) The level of expenditures for the uniform benefits package is conditioned upon the appropriation of funds specifically for this purpose.

     (7) Establish enrollee premium share levels that are related to enrollee household income and that do not apply to enrollees with income less than the federal poverty level. The commission shall develop mechanisms through which enrollees whose premium share levels are reduced as a result of low household income can obtain subsidies necessary for enrollment in a certified health plan. The availability of subsidies shall be conditioned upon the appropriation of funds specifically for this purpose.

     (8) Determine the need for medical risk adjustment mechanisms to minimize financial incentives for certified health plans to enroll individuals who present lower health risks and avoid enrolling individuals who present higher health risks, and to minimize financial incentives for employer hiring practices that discriminate against individuals who present higher health risks. In the design of medical risk distribution mechanisms under this subsection, the commission shall (a) balance the benefits of price competition with the need to protect certified health plans from any unsustainable negative effects of adverse selection and (b) consider the development of a system that creates a risk profile of each certified health plan's enrollee population that does not create disincentives for a plan to control benefit utilization, that requires contributions from plans that enjoy a low-risk enrollee population to plans that have a high-risk enrollee population, and that does not permit an adjustment of the premium charged for the uniform benefits package or supplemental coverage based upon either receipt or contribution of assessments. Proposed medical risk adjustment mechanisms shall be submitted to the legislature as provided in section 450 of this act.

     (9) Design a mechanism to assure minors have access to confidential health care services as currently provided in RCW 70.24.110 and 71.34.030.

     (10) Monitor the actual growth in total annual health services costs.

     (11) Monitor the increased application of technology as required by chapter . . ., Laws of 1993 (this act) and take necessary action to ensure that such application is made in a cost-effective and efficient manner and consistent with existing laws that protect individual privacy.

     (12) Establish reporting requirements for certified health plans that own or manage health care facilities, health care facilities, and health care providers to periodically report to the commission regarding major capital expenditures of the plans. The commission shall review and monitor such reports from providers and shall report to the legislature regarding major capital expenditures by providers on at least an annual basis. The Washington health care facilities authority and the commission shall develop jointly standards for evaluating and approving major capital expenditure financing through the Washington health care facilities authority, as authorized pursuant to chapter 70.37 RCW. By December 1, 1994, the commission and the authority shall submit jointly to the legislature such proposed standards. The commission and the authority shall, after legislative review, but no later than June 1, 1995, publish such standards. Upon publication, the authority may not approve financing for major capital expenditures unless approved by the commission.

     (13) Establish maximum enrollee financial participation levels. The levels shall be related to enrollee household income and shall not result in household income being reduced below the federal poverty level.

     (14) For health services provided under the uniform benefits package, adopt standards for enrollment, and standardized billing and claims processing forms. The standards shall ensure that these procedures minimize administrative burdens on health care providers, certified health plans, and consumers. Subject to federal approval or phase-in schedules whenever necessary or appropriate, the standards also shall apply to state-purchased health services, as defined in RCW 41.05.011.

     (15) Suggest that certified health plans adopt certain practice indicators or risk management protocols for quality assurance, utilization review, or provider payment. The commission may consider indicators or protocols recommended according to section 410 of this act for these purposes.

     (16) Suggest other guidelines to certified health plans for utilization management, use of technology and methods of payment, such as diagnosis-related groups and a resource-based relative value scale. Such guidelines shall be voluntary and shall be designed to promote improved management of care, and provide incentives for improved efficiency and effectiveness within the delivery system.

     (17) Adopt standards and oversee and develop policy for personal health data and information system as provided in chapter 70.170 RCW.

     (18) Adopt standards that prevent conflict of interest by health care providers as provided in section 408 of this act.

     (19) Consider the extent to which medical research activities should be included within the health service system set forth in this chapter . . ., Laws of 1993 (this act).

     (20) Evaluate and monitor the extent to which racial and ethnic minorities have access and to receive health services within the state, and develop strategies to address barriers to access.

     (21) Develop standards for the certification process to certify health plans to provide the uniform benefits package, according to the provisions for certified health plans under chapter . . ., Laws of 1993 (this act).

     (22) Develop rules for implementation of individual and employer participation under sections 454 and 455 of this act specifically applicable to persons who work in this state but do not live in the state or persons who live in this state but work outside of the state. The rules shall be designed so that these persons receive coverage and financial requirements that are comparable to that received by persons who both live and work in the state.

     (23) Establish a process for purchase of uniform benefits package services by enrollees when they are out-of-state.

     (24) Develop recommendations to the legislature as to whether state and school district employees, on whose behalf health benefits are or will be purchased by the health care authority pursuant to chapter 41.05 RCW, should have the option to purchase health benefits through health insurance purchasing cooperatives on and after July 1, 1997. In developing its recommendations, the commission shall consider:

     (a) The impact of state or school district employees purchasing through health insurance purchasing cooperatives on the ability of the state to control its health care costs; and

     (b) Whether state or school district employees purchasing through health insurance purchasing cooperatives will result in inequities in health benefits between or within groups of state and school district employees.

     (25) Establish guidelines for providers dealing with terminal or static conditions, taking into consideration the ethics of providers, patient and family wishes, costs, and survival possibilities.

     (26) Evaluate the extent to which Taft-Hartley health care trusts and self-insured employee health benefit plans provide benefits to certain individuals in the state; review the federal laws under which these joint employee-employer entities and self-insured employee health benefit plans are organized; and make appropriate recommendations to the governor and the legislature on or before December 1, 1994, about how these trusts and benefits plans can be brought under the provisions of chapter . . ., Laws of 1993 (this act) when it is fully implemented.

     (27) Evaluate whether Washington is experiencing a higher percentage in in-migration of residents from other states and territories than would be expected by normal trends as a result of the availability of comprehensive subsidized health care benefits for all residents and report to the governor and the legislature their findings.

     (28) In developing the uniform benefits package and other standards pursuant to this section, consider the likelihood of the establishment of a national health services plan adopted by the federal government and its implications.

     (29) Evaluate the effect of reforms under chapter . . ., Laws of 1993 (this act) on access to care and economic development in rural areas.

     To the extent that the exercise of any of the powers and duties specified in this section may be inconsistent with the powers and duties of other state agencies, offices, or commissions, the authority of the commission shall supersede that of such other state agency, office, or commission, except in matters of personal health data, where the commission shall have primary data system policymaking authority and the department of health shall have primary responsibility for the maintenance and routine operation of personal health data systems.

     NEW SECTION. Sec. 407. MODIFICATION OF MAXIMUM PREMIUM. Upon the recommendation of the insurance commissioner, and on the basis of evidence established by independent actuarial analysis, if the commission finds that the economic viability of a significant number of the state's certified health plans is seriously threatened, the commission may increase the maximum premium to the extent mandated by the Constitution, and must immediately thereafter submit to the legislature a proposal for a new formula for adjusting the maximum premium that must be approved in law by each house of the legislature by a sixty percent vote.

     NEW SECTION. Sec. 408. A new section is added to chapter 18.130 RCW to read as follows:

     CONFLICT OF INTEREST STANDARDS. The Washington health services commission established by section 403 of this act, in consultation with the secretary of health, and the health care disciplinary authorities under RCW 18.130.040(2)(b), shall establish standards and monetary penalties in rule prohibiting provider investments and referrals that present a conflict of interest resulting from inappropriate financial gain for the provider or his or her immediate family. These standards are not intended to inhibit the efficient operation of managed health care systems or certified health plans. The commission shall report to the health policy committees of the senate and house of representatives by December 1, 1994, on the development of the standards and any recommended statutory changes necessary to implement the standards.


     NEW SECTION. Sec. 409. CONTINUOUS QUALITY IMPROVEMENT AND TOTAL QUALITY MANAGEMENT. To ensure the highest quality health services at the lowest total cost, the commission shall establish a total quality management system of continuous quality improvement. Such endeavor shall be based upon the recognized quality science for continuous quality improvement. The commission shall impanel a committee composed of persons from the private sector and related sciences who have broad knowledge and successful experiences in continuous quality improvement and total quality management applications. It shall be the responsibility of the committee to develop standards for a Washington state health services supplier certification process and recommend such standards to the commission for review and adoption. Once adopted, the commission shall establish a schedule, with full compliance no later than July 1, 1996, whereby all health service providers and health service facilities shall be certified prior to providing uniform benefits package services.


B. PRACTICE INDICATORS


     NEW SECTION. Sec. 410. A new section is added to chapter 43.70 RCW to read as follows:

     PRACTICE INDICATORS. The department of health shall consult with health care providers, purchasers, health professional regulatory authorities under RCW 18.130.040, appropriate research and clinical experts, and consumers of health care services to identify specific practice areas where practice indicators and risk management protocols have been developed, including those that have been demonstrated to be effective among persons of color. Practice indicators shall be based upon expert consensus and best available scientific evidence. The department shall:

     (1) Develop a definition of expert consensus and best available scientific evidence so that practice indicators can serve as a standard for excellence in the provision of health care services.

     (2) Establish a process to identify and evaluate practice indicators and risk management protocols as they are developed by the appropriate professional, scientific, and clinical communities.

     (3) Recommend the use of practice indicators and risk management protocols in quality assurance, utilization review, or provider payment to the health services commission.


C. HEALTH CARE LIABILITY REFORMS


     Sec. 411. RCW 43.70.320 and 1991 sp.s. c 13 s 18 are each amended to read as follows:

     HEALTH PROFESSIONS ACCOUNT. (1) There is created in the state treasury an account to be known as the health professions account. All fees received by the department for health professions licenses, registration, certifications, renewals, or examinations and the civil penalties assessed and collected by the department under RCW 18.130.190 shall be forwarded to the state treasurer who shall credit such moneys to the health professions account.

     (2) All expenses incurred in carrying out the health professions licensing activities of the department shall be paid from the account as authorized by legislative appropriation. Any residue in the account shall be accumulated and shall not revert to the general fund at the end of the biennium.

     (3) The secretary shall biennially prepare a budget request based on the anticipated costs of administering the health professions licensing activities of the department which shall include the estimated income from health professions fees.

     NEW SECTION. Sec. 412. A new section is added to chapter 18.130 RCW to read as follows:

     MALPRACTICE INSURANCE COVERAGE MANDATE. Except to the extent that liability insurance is not available, every licensed health care practitioner whose services are included in the uniform benefits package, as determined by section 448 of this act, and whose scope of practice includes independent practice, shall, as a condition of licensure and relicensure, be required to provide evidence of a minimum level of malpractice insurance coverage issued by a company authorized to do business in this state. On or before January 1, 1994, the department shall designate by rule:

     (1) Those health professions whose scope of practice includes independent practice;

     (2) For each health profession whose scope of practice includes independent practice, whether malpractice insurance is available; and

     (3) If such insurance is available, the appropriate minimum level of mandated coverage.

     NEW SECTION. Sec. 413. A new section is added to chapter 48.22 RCW to read as follows:

     RISK MANAGEMENT TRAINING OF INDEPENDENT HEALTH CARE PRACTITIONERS. Effective July 1, 1994, a casualty insurer's issuance of a new medical malpractice policy or renewal of an existing medical malpractice policy to a physician or other independent health care practitioner shall be conditioned upon that practitioner's participation in, and completion of, an insurer-designed health care liability risk management training program once every three years. The risk management training shall provide information related to avoiding adverse health outcomes resulting from substandard practice and minimizing damages associated with the adverse health outcomes that do occur. For purposes of this section, "independent health care practitioners" means those health care practitioner licensing classifications designated by the department of health in rule pursuant to section 412 of this act.

     NEW SECTION. Sec. 414. A new section is added to chapter 48.05 RCW to read as follows:

     RISK MANAGEMENT TRAINING OF INDEPENDENT HEALTH CARE PRACTITIONERS. Effective July 1, 1994, each health care provider, facility, or health maintenance organization that self-insures for liability risks related to medical malpractice and employs physicians or other independent health care practitioners in Washington state shall condition each physician's and practitioner's liability coverage by that entity upon that physician's or practitioner's participation in risk management training offered by the provider, facility, or health maintenance organization to its employees. The risk management training shall provide information related to avoiding adverse health outcomes resulting from substandard practice and minimizing damages associated with those adverse health outcomes that do occur. For purposes of this section, "independent health care practitioner" means those health care practitioner licensing classifications designated by the department of health in rule pursuant to section 412 of this act.

     Sec. 415. RCW 70.41.200 and 1991 c 3 s 336 are each amended to read as follows:

     QUALITY IMPROVEMENT PROGRAM. (1) Every hospital shall maintain a coordinated quality improvement program for the improvement of the quality of health care services rendered to patients and the identification and prevention of medical malpractice. The program shall include at least the following:

     (a) The establishment of a quality ((assurance)) improvement committee with the responsibility to review the services rendered in the hospital, both retrospectively and prospectively, in order to improve the quality of medical care of patients and to prevent medical malpractice. The committee shall oversee and coordinate the quality improvement and medical malpractice prevention program and shall insure that information gathered pursuant to the program is used to review and to revise hospital policies and procedures((. At least one member of the committee shall be a member of the governing board of the hospital who is not otherwise affiliated with the hospital in an employment or contractual capacity));

     (b) A medical staff privileges sanction procedure through which credentials, physical and mental capacity, and competence in delivering health care services are periodically reviewed as part of an evaluation of staff privileges;

     (c) The periodic review of the credentials, physical and mental capacity, and competence in delivering health care services of all persons who are employed or associated with the hospital;

     (d) A procedure for the prompt resolution of grievances by patients or their representatives related to accidents, injuries, treatment, and other events that may result in claims of medical malpractice;

     (e) The maintenance and continuous collection of information concerning the hospital's experience with negative health care outcomes and incidents injurious to patients, patient grievances, professional liability premiums, settlements, awards, costs incurred by the hospital for patient injury prevention, and safety improvement activities;

     (f) The maintenance of relevant and appropriate information gathered pursuant to (a) through (e) of this subsection concerning individual physicians within the physician's personnel or credential file maintained by the hospital;

     (g) Education programs dealing with quality improvement, patient safety, injury prevention, staff responsibility to report professional misconduct, the legal aspects of patient care, improved communication with patients, and causes of malpractice claims for staff personnel engaged in patient care activities; and

     (h) Policies to ensure compliance with the reporting requirements of this section.

     (2) Any person who, in substantial good faith, provides information to further the purposes of the quality improvement and medical malpractice prevention program or who, in substantial good faith, participates on the quality ((assurance)) improvement committee shall not be subject to an action for civil damages or other relief as a result of such activity.

     (3) Information and documents, including complaints and incident reports, created specifically for, and collected, and maintained ((about health care providers arising out of the matters that are under review or have been evaluated)) by a ((review)) quality improvement committee ((conducting quality assurance reviews)) are not subject to discovery or introduction into evidence in any civil action, and no person who was in attendance at a meeting of such committee or ((board)) who participated in the creation, collection, or maintenance of information or documents specifically for the committee shall be permitted or required to testify in any civil action as to the content of such proceedings or the documents and information prepared specifically for the committee. This subsection does not preclude: (a) In any civil action, the discovery of the identity of persons involved in the medical care that is the basis of the civil action whose involvement was independent of any quality improvement activity; (b) in any civil action, the testimony of any person concerning the facts which form the basis for the institution of such proceedings of which the person had personal knowledge acquired independently of such proceedings; (((b))) (c) in any civil action by a health care provider regarding the restriction or revocation of that individual's clinical or staff privileges, introduction into evidence information collected and maintained by quality ((assurance)) improvement committees regarding such health care provider; (((c))) (d) in any civil action, disclosure of the fact that staff privileges were terminated or restricted, including the specific restrictions imposed, if any and the reasons for the restrictions; or (((d))) (e) in any civil action, discovery and introduction into evidence of the patient's medical records required by regulation of the department of health to be made regarding the care and treatment received.

     (4) The department of health shall adopt such rules as are deemed appropriate to effectuate the purposes of this section.

     (5) The medical disciplinary board or the board of osteopathic medicine and surgery, as appropriate, may review and audit the records of committee decisions in which a physician's privileges are terminated or restricted. Each hospital shall produce and make accessible to the board the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to the discovery process and confidentiality shall be respected as required by subsection (3) of this section. Failure of a hospital to comply with this subsection is punishable by a civil penalty not to exceed two hundred fifty dollars.

     (6) Violation of this section shall not be considered negligence per se.

     Sec. 416. RCW 70.41.230 and 1991 c 3 s 337 are each amended to read as follows:

     REQUEST FOR STAFF PRIVILEGES. (1) Prior to granting or renewing clinical privileges or association of any physician or hiring a physician, a hospital or facility approved pursuant to this chapter shall request from the physician and the physician shall provide the following information:

     (a) The name of any hospital or facility with or at which the physician had or has any association, employment, privileges, or practice;

     (b) If such association, employment, privilege, or practice was discontinued, the reasons for its discontinuation;

     (c) Any pending professional medical misconduct proceedings or any pending medical malpractice actions in this state or another state, the substance of the allegations in the proceedings or actions, and any additional information concerning the proceedings or actions as the physician deems appropriate;