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NINETY-FIFTH DAY


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MORNING SESSION


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Senate Chamber, Olympia, Thursday, April 15, 1993

     The Senate was called to order at 8:30 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Amondson, Cantu, Deccio, Hargrove, Moyer, Niemi, Prince, Rinehart and Talmadge. On motion of Senator Oke, Senators Amondson, Cantu, Deccio, Moyer and Prince were excused. On motion of Senator Spanel, Senators Niemi and Talmadge were excused.

     The Sergeant at Arms Color Guard, consisting of Pages Dulcie Campbell and Emily Rogers, presented the Colors. Reverend Tammy Leiter, pastor of the Westminster Presbyterian Church of Olympia, 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 15, 1993


MR. PRESIDENT:

     The House has passed:

     SENATE BILL NO. 5309,

     SUBSTITUTE SENATE BILL NO. 5310, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


SIGNED BY THE PRESIDENT


     The President signed:

     SENATE BILL NO. 5309,

     SUBSTITUTE SENATE BILL NO. 5310.


STATEMENT FOR THE JOURNAL


     Due to work in the conference committee on health care reform, I missed the votes on the following bills: House Bill No. 1344; Substitute House Bill No. 1926; House Bill No. 1923; Substitute House Bill No. 1156; Substitute House Bill No. 1103; Substitute House Concurrent Resolution No. 4408; House Bill No. 1227; Engrossed Substitute House Bill No. 1496, as amended by the Senate; Substitute House Bill No. 1006, as amended by the Senate; Engrossed Substitute House Bill No. 1820; House Bill No 1168, as amended by the Senate; Engrossed Substitute House Bill No. 1760; House Bill No. 1713; House Bill No. 1328; Substitute House Bill No. 1733, as amended by the Senate; Engrossed Substitute House Bill No. 1127; House Bill No. 1773; House Bill No. 1689, as amended by the Senate; House Bill No. 1244; Substitute House Bill No. 1566, as amended by the Senate; Substitute House Bill No. 1915; Substitute House Bill No. 1497; House Joint Resolution No. 4201; House Joint Memorial No. 4008; and Substitute House Bill No. 1129, as amended by the Senate.

     I would have voted 'yes' on all the measures.

SENATOR PHIL TALMADGE, 34th District


SECOND READING


     HOUSE BILL NO. 1344, by Representative Jones

 

Altering vehicle axle restrictions.


     The bill was read the second time.


MOTION


     On motion of Senator Vognild, the rules were suspended, House Bill No. 1344 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. 1344.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1344 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 2; Excused, 7.

     Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 40.

     Absent: Senators Hargrove and Rinehart - 2.

     Excused: Senators Amondson, Cantu, Deccio, Moyer, Niemi, Prince and Talmadge - 7.

     HOUSE BILL NO. 1344, 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. 1926, by House Committee on State Government (originally sponsored by Representatives Anderson and Reams)

 

Regulating the sale and distribution of state publications.


     The bill was read the second time.


MOTION


     On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1926 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. 1926.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1926 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

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

     Absent: Senator Rinehart - 1.

     Excused: Senators Cantu, Moyer, Niemi and Talmadge - 4.

     SUBSTITUTE HOUSE BILL NO. 1926, 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 Spanel, Senator Rinehart was excused.


SECOND READING


     HOUSE BILL NO. 1923, by Representatives Veloria, Wood, Jacobsen, Ogden and J. Kohl

 

Modifying provisions relating to the advisory council on historic preservation.


     The bill was read the second time.


MOTION


     On motion of Senator Haugen, the rules were suspended, House Bill No. 1923 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. 1923.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1923 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

     Excused: Senators Cantu, Moyer, Niemi, Rinehart and Talmadge - 5.

     HOUSE BILL NO. 1923, 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 8:55 a.m., on motion of Senator Jesernig, the Senate recessed until 10:00 a.m.


     The Senate was called to order at 11:15 a.m. by President Pritchard.


MOTION


     On motion of Senator Oke, Senator Sellar was excused.


SECOND READING


     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1622, by House Committee on Agriculture and Rural Development (originally sponsored by Representatives Chappell, Chandler and Rayburn) (by request of Department of Agriculture)

 

Modifying the regulation of fertilizer.


     The bill was read the second time.


MOTION


     On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute House Bill No. 1622 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 House Bill No. 1622.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1622 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, 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, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

     Absent: Senator Hargrove - 1.

     Excused: Senators Cantu and Sellar - 2.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1622, 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. 1727, by House Committee on Corrections (originally sponsored by Representatives Morris, Long, G. Cole, Padden, Mastin, Lemmon and L. Johnson) (by request of Department of Corrections)

 

Providing a procedure for releasing alien offenders for the purpose of deportation.


     The bill was read the second time.


MOTIONS


     On motion of Senator Adam Smith, the following Committee on Law and Justice amendment was adopted:

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 9.94A RCW to read as follows:

      (1) Subject to the limitations of this section, any alien offender committed to the custody of the department under the sentencing reform act of 1981, chapter 9.94A RCW, who has been found by the United States attorney general to be subject to a final order of deportation or exclusion, may be placed on conditional release status and released to the immigration and naturalization service for deportation at any time prior to the expiration of the offender's term of confinement. Conditional release shall continue until the expiration of the statutory maximum sentence provided by law for the crime or crimes of which the offender was convicted. If the offender has multiple current convictions, the statutory maximum sentence allowed by law for each crime shall run concurrently.

      (2) No offender may be released under this section unless the secretary or the secretary's designee find that such release is in the best interests of the state of Washington. Further, releases under this section may occur only with the approval of the sentencing court and the prosecuting attorney of the county of conviction.

      (3) No offender may be released under this section who is serving a sentence for a violent offense or sex offense, as defined in RCW 9.94A.030, or any other offense that is a crime against a person.

      (4) The unserved portion of the term of confinement of any offender released under this section shall be tolled at the time the offender is released to the immigration and naturalization service for deportation. Upon the release of an offender to the immigration and naturalization service, the department shall issue a warrant for the offender's arrest within the United States. This warrant shall remain in effect until the expiration of the offender's conditional release.

      (5) Upon arrest of an offender, the department shall seek extradition as necessary and the offender shall be returned to the department for completion of the unserved portion of the offender's term of total confinement. The offender shall also be required to fully comply with all the terms and conditions of the sentence.

      (6) Alien offenders released to the immigration and naturalization service for deportation under this section are not thereby relieved of their obligation to pay restitution or other legal financial obligations ordered by the sentencing court.

      (7) Any offender released pursuant to this section who returns illegally to the United States may not thereafter be released again pursuant to this section.

      (8) The secretary is authorized to take all reasonable actions to implement this section and shall assist federal authorities in prosecuting alien offenders who may illegally reenter the United States and enter the state of Washington."


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

     On page 1, line 1 of the title, after "offenders;" strike the remainder of the title and insert "adding a new section to chapter 9.94A RCW; and prescribing penalties."


MOTION


     On motion of Senator Adam Smith, the rules were suspended, Substitute House Bill No. 1727, 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. 1727, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1727, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 36; Nays, 12; Absent, 0; Excused, 1.

     Voting yea: Senators Anderson, Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, McAuliffe, McCaslin, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 36.

     Voting nay: Senators Amondson, Barr, Erwin, Hochstatter, Jesernig, McDonald, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 12.

     Excused: Senator Cantu - 1.

     SUBSTITUTE HOUSE BILL NO. 1727, 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


     HOUSE BILL NO. 1479, by Representatives G. Fisher, Foreman, Wang and Anderson (by request of Department of Revenue)

 

Modifying the uniform unclaimed property act.


     The bill was read the second time.


MOTIONS


     Senator Rinehart moved that the following amendments be considered simultaneously and be adopted:

     On page 2, line 29, after "tickets," insert "unredeemed Washington state lottery tickets,"

      On page 4, beginning on line 7, after "exception of" strike "unredeemed Washington state lottery tickets and" and insert "((unredeemed Washington state lottery tickets and))"

      On page 12, after line 16, insert the following:

      "Sec. 11. RCW 67.70.190 and 1988 c 289 s 802 are each amended to read as follows:

      (((1))) Unclaimed prizes shall be retained in the state lottery account for the person entitled thereto for one hundred eighty days after the drawing in which the prize is won, or after the official end of the game for instant prizes. If no claim is made for the prize within this time, ((the prize shall be retained in the state lottery fund for further use as prizes, except as provided in subsection (2) of this section, and all rights to the prize shall be extinguished.

      (2) During the fiscal year ending June 30, 1989, moneys from unclaimed prizes shall be used as follows:

      (a) Fifty percent of the moneys, not exceeding one million dollars, shall be deposited quarterly in the general fund.



2


      (b) The remainder of the moneys shall be retained in the state lottery account for further use as prizes)) the prize shall be presumed abandoned and reported and remitted to the department of revenue under chapter 63.29 RCW.

      "NEW SECTION. Sec. 12. A new section is added to chapter 63.29 RCW to read as follows:

      Unredeemed Washington state lottery tickets shall be presumed abandoned if the prizes or tickets remain unclaimed one hundred eighty days after the prize or ticket became payable or distributable."


     Senator Nelson moved that the following amendment by Senators Nelson, Erwin, Oke, Moyer, McDonald, Roach and von Reichbauer to the amendment on page 12, after line 16, by Senator Rinehart be adopted:

     On page 1, line 29 of the amendment by Senator Rinehart on page 12, after line 16, after "abandoned" strike "and reported and remitted to the department of revenue under chapter 63.29 RCW" and insert "remitted to the common school construction fund"

     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 Senators Nelson, Erwin, Oke, Moyer, McDonald, Roach and von Reichbauer on page 1, after line 29, to the amendment by Senator Rinehart on page 12, after line 16, to House Bill No. 1479.


ROLL CALL


     The Secretary called the roll and the amendment to the amendment was not adopted by the following vote: Yeas, 21; Nays, 27; Absent, 0; Excused, 1.

     Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Deccio, Erwin, Hargrove, 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, 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 - 27.

     Excused: Senator Cantu - 1.

     The President declared the question before the Senate to be the adoption of the amendments by Senator Rinehart on page 2, line 29; page 4, beginning on line 7; and page 12, after line 16, to House Bill No. 1479.

     The motion by Senator Rinehart carried and the amendments on page 2, line 29; page 4, beginning on line 7; and page 12, after line 16, to House Bill No. 1479 were adopted.


MOTIONS


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

     On page 1, beginning on line 2 of the title, after "act;" strike "and" and on line 3, after "63.29.180," strike "and 63.29.220" and insert "63.29.220, and 67.70.190; and adding a new section to chapter 63.29 RCW"


     On motion of Senator Rinehart, the rules were suspended, House Bill No. 1479, 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 House Bill No. 1479, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1479, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, 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 - 44.

     Voting nay: Senators Deccio, McCaslin, Nelson and West - 4.

     Excused: Senator Cantu - 1.

     HOUSE BILL NO. 1479, 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.


MOTION


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


MOTION


     On motion of Senator Spanel, the following resolution was adopted:


SENATE RESOLUTION 1993-8632


By Senators Spanel and Haugen


     WHEREAS, The beautiful Skagit Valley is the tulip capital of the Northwest; and

     WHEREAS, Every April the tulips are in bloom, celebrating the beginning of spring; and

     WHEREAS, The Skagit Valley begins the festival season in Washington State with the Skagit Valley Tulip Festival; and

     WHEREAS, This year's tenth annual event will run from April 2 through April 18, focusing on the communities of Sedro-Woolley, Burlington, Anacortes, La Conner, and Mount Vernon; and

     WHEREAS, Nearly half a million people visited the Skagit Valley Tulip Festival last year, participating in the joy and excitement of this annual event and contributing to the economy of the Skagit Valley; and

     WHEREAS, This year's visitors will be overwhelmed by more than one thousand five hundred acres of tulips reflecting all the colors of the rainbow and by the fullness of life in the valley and its wonderful people; and

     WHEREAS, Highlights of the event include the Mount Vernon Street Fair, a Sousa concert, an International Volkswalk, the Tulip Pedal bicycle ride, the Paccar Open House, a 10K Slug Run, and the Great Skagit Duck Race;

     NOW, THEREFORE, BE IT RESOLVED, That the Senate salute the five communities of the Skagit Valley and their chambers of commerce for their Skagit Valley Tulip Festival; and

     BE IT FURTHER RESOLVED, That we commend the community leaders and corporate sponsors responsible for the success of this important event and encourage citizens from across Washington State to take the time to enjoy this spectacular display; and

     BE IT FURTHER RESOLVED, That the Senate issue this resolution in recognition of the Skagit Valley Tulip Festival, April 2 through 18, 1993.


     Senators Spanel, Haugen and McDonald spoke to Senate Resolution 1993-8632.


INTRODUCTION OF SPECIAL GUESTS


     The President introduced the Skagit Valley Tulip Festival 'Tulip Girls,' Kecia Doolittle, in the age five to seven age group, and Gail Varney, in the eight to ten age group, who were seated in the gallery. 


MOTION


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


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1370, by House Committee on Commerce and Labor (originally sponsored by Representatives Ludwig, Heavey, Orr, Bray, Veloria, King and G. Cole)

 

Restricting bid shopping.


     The bill was read the second time.


MOTION


     On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 1370 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.


POINT OF INQUIRY


     Senator Nelson: "Senator Moore, in this measure, it requires the contractor, at the time the bid is made, to submit the names of all the subcontractors that are going to be doing--as I understand it--greater that ten percent of the total bid of the contractor to fulfill the bid. Is that correct?"

     Senator Moore: "That is absolutely right."

     Senator Nelson: "It is just not ten percent of a portion of the bid?"

     Senator Moore: "No, it is ten percent of the total. If the bid is one hundred thousand, anybody that does ten thousand or more falls in this bracket."

     Senator Nelson: "OK, thank you."

     The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1370.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1370 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 0; Excused, 1.

     Voting yea: Senators Amondson, Bauer, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 39.

     Voting nay: Senators Anderson, Barr, Bluechel, McCaslin, Nelson, Newhouse, Oke, Roach and Sellar - 9.

     Excused: Senator Cantu - 1.

     SUBSTITUTE HOUSE BILL NO. 1370, 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. 1318, by House Committee on Natural Resources and Parks (originally sponsored by Representatives Pruitt, Ballard, Morton, Sheldon, Wolfe, Schoesler, R. Johnson and Jones)

 

Changing boating safety provisions.


     The bill was read the second time.


MOTIONS


     On motion of Senator Fraser, the following Committee on Ecology and Parks amendment was adopted:

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. It is the intent of the legislature that the boating safety laws administered by the state parks and recreation commission provide Washington's citizens with clear and reasonable boating safety regulations and penalties. Therefore, the legislature intends to recodify, clarify, and partially decriminalize the state-wide boating safety laws in order to help the boating community understand and comply with these laws.

      It is also the intent of the legislature to increase boat registration fees in order to provide additional funds to local governments for boating safety enforcement and education programs. The funds are to be used for enforcement, education, training, and equipment, including vessel noise measurement equipment. The legislature encourages programs that provide boating safety education in the primary and secondary school system for boat users and potential future boat users. The legislature also encourages boating safety programs that use volunteer and private sector efforts to enhance boating safety and education.

      Sec. 2. RCW 7.84.010 and 1987 c 380 s 1 are each amended to read as follows:

      The legislature declares that decriminalizing certain offenses contained in Titles 75, 76, 77, and 79 RCW and chapters 43.30 ((and)), 43.51, and 88.12 RCW and any rules adopted pursuant to those titles and chapters would promote the more efficient administration of those titles and chapters. The purpose of this chapter is to provide a just, uniform, and efficient procedure for adjudicating those violations which, in any of these titles and chapters or rules adopted under these chapters or titles, are declared not to be criminal offenses. The legislature respectfully requests the supreme court to prescribe any rules of procedure necessary to implement this chapter.

      Sec. 3. RCW 7.84.020 and 1987 c 380 s 2 are each amended to read as follows:

      Unless the context clearly requires otherwise, the definition in this section applies throughout this chapter.

      "Infraction" means an offense which, by the terms of Title 75, 76, 77, or 79 RCW or chapter 43.30 ((or)), 43.51, or 88.12 RCW and rules adopted under these titles and chapters, is declared not to be a criminal offense and is subject to the provisions of this chapter.

      Sec. 4. RCW 88.02.110 and 1987 c 149 s 13 are each amended to read as follows:

      (1) Except as otherwise provided in this chapter, a violation of this chapter((, RCW 43.51.400,)) and the rules adopted by the department ((and the state parks and recreation commission)) pursuant to these statutes is a misdemeanor punishable only by a fine not to exceed one hundred dollars per vessel for the first violation. Subsequent violations in the same year are subject to the following fines:

      (a) For the second violation, a fine of two hundred dollars per vessel;

      (b) For the third and successive violations, a fine of four hundred dollars per vessel.

      (2) After subtraction of court costs and administrative collection fees, moneys collected under this section shall be credited to the current expense fund of the arresting jurisdiction.

      (3) All law enforcement officers shall have the authority to enforce this chapter((, RCW 43.51.400)), and the rules adopted by the department ((and the state parks and recreation commission)) pursuant to these statutes within their respective jurisdictions: PROVIDED, That a city, town, or county may contract with a fire protection district for such enforcement and fire protection districts are authorized to engage in such activities.

      Sec. 5. RCW 88.12.010 and 1933 c 72 s 1 are each amended to read as follows:

      Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Boat wastes" includes, but is not limited to, sewage, garbage, marine debris, plastics, contaminated bilge water, cleaning solvents, paint scrapings, or discarded petroleum products associated with the use of vessels.

      (2) "Boater" means any person on a vessel on waters of the state of Washington.

      (3) "Carrying passengers for hire" means carrying passengers in a vessel on waters of the state for valuable consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having an interest in the vessel. This shall not include trips where expenses for food, transportation, or incidentals are shared by participants on an even basis. Anyone receiving compensation for skills or money for amortization of equipment and carrying passengers shall be considered to be carrying passengers for hire on waters of the state.

      (4) "Commission" means the state parks and recreation commission.

      (5) "Darkness" ((is herein defined to be)) means that period between ((one-half hour after)) sunset and ((one-half hour before)) sunrise.

      (("Waters", as used herein, are defined as any lake, pond or other body of water.))

      (6) "Environmentally sensitive area" means a restricted body of water where discharge of untreated sewage from boats is especially detrimental because of limited flushing, shallow water, commercial or recreational shellfish, swimming areas, diversity of species, the absence of other pollution sources, or other characteristics.

      (7) "Marina" means a facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.

      (8) "Motor driven boats and vessels" ((are defined herein as)) means all boats and vessels which are self propelled.

      (9) "Muffler" or "muffler system" means a sound suppression device or system, including an underwater exhaust system, designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and that prevents excessive or unusual noise.

      (10) "Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.

      (11) "Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.

      (12) "Observer" means the individual riding in a vessel who is responsible for observing a water skier at all times.

      (13) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

      (14) "Personal flotation device" means a buoyancy device, life preserver, buoyant vest, ring buoy, or buoy cushion that is designed to float a person in the water and that is approved by the commission.

      (15) "Personal watercraft" means a vessel of less than sixteen feet that uses a motor powering a water jet pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

      (16) "Polluted area" means a body of water used by boaters that is contaminated by boat wastes at unacceptable levels, based on applicable water quality and shellfish standards.

      (17) "Public entities" means all elected or appointed bodies, including tribal governments, responsible for collecting and spending public funds.

      (18) "Reckless" or "recklessly" means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety, or property of another.

      (19) "Sewage pumpout or dump unit" means:

      (a) A receiving chamber or tank designed to receive vessel sewage from a "porta-potty" or a portable container; and

      (b) A stationary or portable mechanical device on land, a dock, pier, float, barge, vessel, or other location convenient to boaters, designed to remove sewage waste from holding tanks on vessels.

      (20) "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.

      (21) "Vessel" includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, and small rafts or flotation devices or toys customarily used by swimmers.

      (22) "Water skiing" means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device.

      (23) "Waters of the state" means any waters within the territorial limits of Washington state.

      (24) "Whitewater rivers of the state" means those rivers and streams, or parts thereof, within the boundaries of the state as listed in RCW 88.12.300.

      NEW SECTION. Sec. 6. A new section is added to chapter 88.12 RCW to read as follows:

      (1) It is a misdemeanor, punishable under RCW 9.92.030, for any person to commit a violation designated as an infraction under this chapter, if during a period of three hundred sixty-five days the person has previously committed two infractions for violating the same provision under this chapter and if the violation is also committed during such period and is of the same provision as the previous violations.

      (2) A violation designated in this chapter as a civil infraction shall constitute a misdemeanor until the violation is included in a civil infraction monetary schedule adopted by rule by the state supreme court pursuant to chapter 7.84 RCW.

      Sec. 7. RCW 88.12.020 and 1933 c 72 s 2 are each amended to read as follows:

      ((Every person operating or driving a motor propelled boat or vessel on any waters in the state, shall drive the same in a careful and prudent manner at a)) A person shall not operate a vessel in a negligent manner. For the purposes of this section, to "operate in a negligent manner" means operating a vessel in disregard of careful and prudent operation, or in disregard of careful and prudent rates of speed that are no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of traffic, size of the lake or body of water, freedom from obstruction to view ahead, effects of vessel wake, and so as not to unduly or unreasonably endanger life, limb, property or other rights of any person entitled to the use of such waters. Except as provided in section 6 of this act, a violation of this section is an infraction under chapter 7.84 RCW.

      Sec. 8. RCW 88.12.100 and 1990 c 231 s 3 and 1990 c 31 s 1 are each reenacted and amended to read as follows:

      (1) It shall be unlawful for any person to operate a vessel in a ((negligent)) reckless manner. ((For the purpose of this section, to "operate in a negligent manner" shall be construed to mean the operation of a vessel in such manner as to endanger or be likely to endanger any persons or property or to operate at a rate of speed greater than will permit the operator in the exercise of reasonable care to bring the vessel to a safe stop.))

      (2) ((A person is guilty of operating a vessel while under the influence of intoxicating liquor or any drug if the person operates a vessel within this state while)) It shall be a violation for a person to operate a vessel while under the influence of intoxicating liquor or any drug. A person is considered to be under the influence of intoxicating liquor or any drug if:

      (a) The person has 0.10 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or

      (b) The person has 0.10 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's blood made under RCW 46.61.506; or

      (c) The person is under the influence of or affected by intoxicating liquor or any drug; or

      (d) The person is under the combined influence of or affected by intoxicating liquor and any drug.

      The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. A person cited under this subsection may upon request be given a breath test for breath alcohol or may request to have a blood sample taken for blood alcohol analysis. An arresting officer shall administer field sobriety tests when circumstances permit.

      (3) ((For the purposes of this section, "vessel" means any watercraft used or capable of being used as a means of transportation on the water, other than a seaplane.

      (4) For the purpose of this section, "vessel operator" means a person who is in actual physical control of a vessel.

      (5))) A violation of this section is a misdemeanor, punishable ((by up to ninety days in jail and by a fine of not more than one thousand dollars)) as provided under RCW 9.92.030. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense.

      Sec. 9. RCW 88.12.330 and 1988 c 36 s 73 are each amended to read as follows:

      (1) Every ((peace)) law enforcement officer of this state and its political subdivisions has the authority to enforce this chapter. Law enforcement officers may enforce recreational boating rules adopted by the commission. Such law enforcement officers include, but are not limited to, county sheriffs, officers of other local law enforcement entities, wildlife agents of the department of wildlife and fisheries patrol officers of the department of fisheries, through their directors, the state patrol, through its chief, ((county sheriffs, and other local law enforcement bodies, shall assist in the enforcement)) and state park rangers. In the exercise of this responsibility, all such officers may stop and board any ((watercraft)) vessel and direct it to a suitable pier or anchorage ((for boarding)) to enforce this chapter.

      (2) ((A person, while operating a watercraft on any waters of this state, shall not knowingly flee or attempt to elude a law enforcement officer after having received a signal from the law enforcement officer to bring the boat to a stop.

      (3))) This chapter shall be construed to supplement federal laws and regulations. To the extent this chapter is inconsistent with federal laws and regulations, the federal laws and regulations shall control.

      NEW SECTION. Sec. 10. A new section is added to chapter 88.12 RCW to read as follows:

      In addition to the equipment standards prescribed under this chapter, the commission shall adopt rules specifying equipment standards for vessels. Except where the violation is classified as a misdemeanor under this chapter, violation of any equipment standard adopted by the commission is an infraction under chapter 7.84 RCW.

      NEW SECTION. Sec. 11. A new section is added to chapter 88.12 RCW to read as follows:

      An operator or owner who endangers a vessel, or the persons on board the vessel, by showing, masking, extinguishing, altering, or removing any light or signal or by exhibiting any false light or signal, is guilty of a misdemeanor, punishable as provided in RCW 9.92.030.

      NEW SECTION. Sec. 12. A new section is added to chapter 88.12 RCW to read as follows:

      (1) The commission shall adopt rules providing for its inspection and approval of the personal flotation devices that may be used to satisfy the requirements of this chapter and governing the manner in which such devices shall be used. The commission shall prescribe the different types of devices that are appropriate for the different uses, such as water skiing or operation of a personal watercraft. In adopting its rules the commission shall consider the United States coast guard rules or regulations. The commission may approve devices inspected and approved by the coast guard without conducting any inspection of the devices itself.

      (2) In situations where personal flotation devices are required under provisions of this chapter, the devices shall be in good and serviceable condition and of appropriate size. If they are not, then they shall not be considered as personal flotation devices under such provisions.

      NEW SECTION. Sec. 13. A new section is added to chapter 88.12 RCW to read as follows:

      If an infraction is issued under this chapter because a vessel does not contain the required equipment and if the operator is not the owner of the vessel, but is operating the vessel with the express or implied permission of the owner, then either or both operator or owner may be cited for the infraction.

      Sec. 14. RCW 88.12.050 and 1933 c 72 s 5 are each amended to read as follows:

      ((Every motor driven boat operating on any such waters and carrying passengers for hire or leased for hire, shall have a life preserver or life float for each passenger said boat or vessel has capacity to carry, placed or attached in such manner as to be convenient for use.))

      (1) No person may operate or permit the operation of a vessel on the waters of the state without a personal flotation device on board for each person on the vessel. Each personal flotation device shall be in serviceable condition, of an appropriate size, and readily accessible.

      (2) Except as provided in section 6 of this act, a violation of subsection (1) of this section is an infraction under chapter 7.84 RCW if the vessel is not carrying passengers for hire.

      (3) A violation of subsection (1) of this section is a misdemeanor punishable under RCW 9.92.030, if the vessel is carrying passengers for hire.

      Sec. 15. RCW 88.12.080 and 1990 c 231 s 1 are each amended to read as follows:

      (1) The purpose of this section is to promote safety in water skiing on the waters of Washington state, provide a means of ensuring safe water skiing and promote the enjoyment of water skiing.

      (2) ((When used in this section, the following words and phrases shall have the meanings designated in this section unless a different meaning is expressly provided or unless the context clearly indicates otherwise.

      (a) "Operator" means the individual in physical control of a vessel. The operator of a personal watercraft shall be at least fourteen years of age.

      (b) "Observer" means the individual riding in a vessel who shall be responsible for observing the water skier at all times. The observer and the operator shall not be the same person. The observer shall be an individual who meets the minimum qualifications for an observer established by rules of the state parks and recreation commission.

      (c) "Personal watercraft" means a vessel of less than sixteen feet which uses a motor powering a water jet pump, as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

      (d) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane.

      (e) "Waters of Washington state" means any waters within the territorial limits of Washington state.

      (3))) No vessel ((which has in tow a person or persons on water skis, or similar contrivance shall be operated)) operator may tow or attempt to tow a water skier on any waters of Washington state unless such craft shall be occupied by at least an operator and an observer. The observer shall continuously observe the person or persons being towed and shall display a flag immediately after the towed person or persons fall into the water, and during the time preparatory to skiing while the person or persons are still in the water. Such flag shall be a bright red or brilliant orange color, measuring at least twelve inches square, mounted on a pole not less than twenty-four inches long and displayed as to be visible from every direction. This subsection does not apply to a personal watercraft, the design of which makes no provision for carrying an operator or any other person on board, and that is actually operated by the person or persons being towed. Every remote-operated personal watercraft shall have a flag attached which meets the requirements of this subsection. Except as provided under section 6 of this act, a violation of this subsection is an infraction under chapter 7.84 RCW.

      (3) The observer and the operator shall not be the same person. The observer shall be an individual who meets the minimum qualifications for an observer established by rules of the commission. Except as provided under section 6 of this act, a violation of this subsection is an infraction under chapter 7.84 RCW.

      (4) No person shall engage or attempt to engage in water skiing((, or operate or ride on a personal watercraft,)) without wearing ((an adequate and effective United States coast guard approved type I, II, III, or V personal floatation device in good and serviceable condition and of appropriate size, or a wet suit which is approved for personal floatation by the United States coast guard. A person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cutoff switch must attach the lanyard to his or her person, clothing, or personal floatation device as is appropriate for the specific vessel. It is unlawful for any person to remove or disable a cutoff switch which was installed by the manufacturer)) a personal flotation device. Except as provided under section 6 of this act, a violation of this subsection is an infraction under chapter 7.84 RCW.

      (5) No person shall engage or attempt to engage in water skiing, or operate any vessel to tow a water skier, on the waters of Washington state during the period from one hour after sunset until one hour prior to sunrise. A violation of this subsection is a misdemeanor, punishable as provided under RCW 9.92.030.

      (6) ((No person shall operate a personal watercraft on the waters of Washington state during the period from sunset until sunrise.

      (7))) No person engaged in water skiing((, or the operation of a personal watercraft,)) either as operator, observer, or skier, shall conduct himself or herself in a ((negligent)) reckless manner that willfully or wantonly endangers, or is likely to endanger, any person or property. A violation of this subsection is a misdemeanor as provided under RCW 9.92.030.

      (((8))) (7) The requirements of subsections (2), (3), (4), and (5) of this section shall not apply to persons engaged in tournaments, competitions, or exhibitions that have been authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events.

      (((9) It shall be unlawful for a person to lease, hire, or rent a personal watercraft to any person who is under sixteen years of age.))

      NEW SECTION. Sec. 16. A new section is added to chapter 88.12 RCW to read as follows:

      (1) A person shall not load or permit to be loaded a vessel with passengers or cargo beyond its safe carrying ability or carry passengers or cargo in an unsafe manner taking into consideration weather and other existing operating conditions.

      (2) A person shall not operate or permit to be operated a vessel equipped with a motor or other propulsion machinery of a power beyond the vessel's ability to operate safely, taking into consideration the vessel's type, use, and construction, the weather conditions, and other existing operating conditions.

      (3) A violation of subsection (1) or (2) of this section is an infraction punishable as provided under chapter 7.84 RCW except as provided under section 6 of this act or where the overloading or overpowering is reasonably advisable to effect a rescue or for some similar emergency purpose.

      (4) If it appears reasonably certain to any law enforcement officer that a person is operating a vessel clearly loaded or powered beyond its safe operating ability and in the judgment of that officer the operation creates an especially hazardous condition, the officer may direct the operator to take immediate and reasonable steps necessary for the safety of the individuals on board the vessel, including directing the operator to return to shore or a mooring and to remain there until the situation creating the hazard is corrected or ended. Failure to follow the direction of an officer under this subsection is a misdemeanor punishable as provided under RCW 9.92.030.

      NEW SECTION. Sec. 17. A new section is added to chapter 88.12 RCW to read as follows:

      (1) A person shall not operate a personal watercraft unless each person aboard the personal watercraft is wearing a personal flotation device approved by the commission. Except as provided for in section 6 of this act, a violation of this subsection is a civil infraction punishable under RCW 7.84.100.

      (2) A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach the lanyard to his or her person, clothing, or personal flotation device as appropriate for the specific vessel. It is unlawful for any person to remove or disable a cutoff switch that was installed by the manufacturer.

      (3) A person shall not operate a personal watercraft during darkness.

      (4) A person under the age of fourteen shall not operate a personal watercraft on the waters of this state.

      (5) A person shall not operate a personal watercraft in a reckless manner, including recklessly weaving through congested vessel traffic, recklessly jumping the wake of another vessel unreasonably or unnecessarily close to the vessel or when visibility around the vessel is obstructed, or recklessly swerving at the last possible moment to avoid collision.

      (6) A person shall not lease, hire, or rent a personal watercraft to a person under the age of sixteen.

      (7) Subsections (1) through (6) of this section shall not apply to a performer engaged in a professional exhibition or a person participating in a regatta, race, marine parade, tournament, or exhibition authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events.

      (8) Violations of subsections (2) through (6) of this section constitute a misdemeanor under RCW 9.92.030.

      Sec. 18. RCW 88.12.130 and 1984 c 183 s 1 are each amended to read as follows:

      (1) The operator of a vessel involved in a collision, accident, or other casualty, to the extent the operator can do so without serious danger to the operator's own vessel or persons aboard, shall render all practical and necessary assistance to persons affected by the collision, accident, or casualty to save them from danger caused by the incident. Under no circumstances may the rendering of assistance or other compliance with this section be evidence of the liability of such operator for the collision, accident, or casualty. ((The operator shall also give his or her name, address, and the identification of the operator's vessel to the state parks and recreation commission and any person injured and to the owner of any property damaged)) The operator shall also give all pertinent accident information, as specified by rule by the commission, to the law enforcement agency having jurisdiction: PROVIDED, That this requirement shall not apply to operators of vessels when they are participating in an organized competitive event ((covered by a permit issued by the United States coast guard)) authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events. These duties are in addition to any duties otherwise imposed by law. Except as provided for in section 6 of this act, a violation of this subsection is a civil infraction punishable under RCW 7.84.100.

      (2) Any person who complies with subsection (1) of this section or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty, without objection of the person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance, where the assisting person acts as any reasonably prudent person would have acted under the same or similar circumstances.

      Sec. 19. RCW 88.12.160 and Code 1881 s 3242 are each amended to read as follows:

      Any person taking up any ((scow, boat, skiff, canoe, or other water craft,)) vessel found adrift, and out of the custody of the owner, in ((any stream or body of water, within, or bordering upon)) waters of this state, shall forthwith notify the owner thereof, if to him or her known, or if upon reasonable inquiry he or she can ascertain the name and residence of the owner, and request such owner to pay all reasonable charges, and take such ((water craft)) vessel away.

      Sec. 20. RCW 88.12.170 and Code 1881 s 3243 are each amended to read as follows:

      Such notice shall be given personally, or in writing; if in writing, it shall be served upon the owner, or may be sent by mail to the post office where such owner usually receives his or her letters. Such notice shall inform the party where the ((scow, boat, skiff, canoe, or other water craft)) vessel was taken up, and where it may be found, and what amount the taker-up or finder demands for his or her charges.

      Sec. 21. RCW 88.12.180 and Code 1881 s 3244 are each amended to read as follows:

      In all cases where notice is not given personally, it shall be the duty of the taker-up to post up at the post office nearest the place where such ((scow, boat, skiff, canoe, or other water craft)) vessel may be taken up, a written notice of the taking up of such ((water craft)) vessel, which shall contain a description of the same, with the name, if any is painted thereon, also the place where taken up, the place where the property may be found, and the charge for taking the same up. If the taker-up is traveling upon ((such stream or body of)) waters of the state, such notice shall be posted up at the first post office he or she shall pass after the taking up; and in all cases, he or she shall at the time when, and place where, he or she posts up such notice, also mail a copy of such notice, directed to the postmaster of each post office on ((said stream or body of)) waters of the state, and within fifty miles of the place where such ((water craft)) vessel is taken up.

      Sec. 22. RCW 88.12.190 and Code 1881 s 3245 are each amended to read as follows:

      Every person taking up any ((scow, boat, skiff, canoe, or other water craft,)) vessel so found adrift, and giving the notice herein required, shall be entitled to receive from the owner claiming the property, a reasonable compensation for his or her time, services, expenses, and risk in taking up said property, and take notice of the same, to be settled by agreement between the parties. In case ((he)) the person has not, within ten days after the taking up, substantially complied with the provisions of this chapter in giving the notice, ((he)) the person shall be entitled to no compensation, but he or she shall be liable to all damages the owner may have suffered, and be also liable to the owner for the value of the use of ((said water craft)) the vessel, from the time of taking it up until the same is delivered to the owner.

      Sec. 23. RCW 88.12.200 and 1987 c 202 s 248 are each amended to read as follows:

      In case the parties cannot agree on the amount to be paid the taker-up, or the ownership, and the sum claimed is less than one ((hundred)) thousand dollars, the owner may file a complaint, setting out the facts, and the judge, on hearing, shall decide the same with a jury, or not, and in the same manner as is provided in ordinary civil actions before a district judge. If the amount claimed by the taker-up is more than one ((hundred)) thousand dollars, the owner shall file his or her complaint in the superior court of the county where the property is, and trial shall be had as in other civil actions; but if the taker-up claims more than one ((hundred)) thousand dollars, and a less amount is awarded him or her, he or she shall be liable for all the costs in the superior court; and in all cases where the taker-up shall recover a less amount than has been tendered him or her by the owner or claimant, previous to filing his or her complaint, he or she shall pay the costs before the district judge or in the superior court: PROVIDED, That in all cases the owner, after filing his or her complaint before a district judge, shall be entitled to the possession of ((such water craft)) the vessel, upon giving bond, with security to the satisfaction of the judge, in double the amount claimed by the taker-up. When the complaint is filed in the superior court, the clerk thereof shall approve the security of the bond. The bond shall be conditioned to pay such costs as shall be awarded to the finder or taker-up of such ((scow, boat, skiff, canoe, or other water craft)) vessel.

      Sec. 24. RCW 88.12.210 and Code 1881 s 3247 are each amended to read as follows:

      In case the taker-up shall use the ((scow, boat, skiff, canoe or other water craft)) vessel, more than is necessary to put it into a place of safety, he or she shall be liable to the owner for such use, and for all damage; and in case it shall suffer injury from his or her neglect to take suitable care of it, he or she shall be liable to the owner for all damage.

      Sec. 25. RCW 88.12.220 and 1987 c 202 s 249 are each amended to read as follows:

      In case such ((water craft)) vessel is of less value than one hundred dollars, and is not claimed within three months, the taker-up may apply to a district judge of the district where the property is, who, upon being satisfied that due notice has been given, and that the owner cannot, with reasonable diligence be found, shall order the ((scow, boat, skiff, canoe, or other water craft)) vessel to be sold, and after paying the taker-up such sum as he or she shall be entitled to, and the costs, the balance shall be paid the county treasurer as is provided in the case of the sale of estrays. In case the ((scow, boat, skiff, canoe, or other water craft,)) vessel exceeds one hundred dollars, and is not claimed within six months, application shall be made to the superior court of the county, and the same proceeding shall be thereupon had. All sales made under this section shall be conducted as sales of personal property on execution.

      Sec. 26. RCW 88.12.230 and 1986 c 217 s 1 are each amended to read as follows:

      The purpose of ((this chapter)) RCW 88.12.250 through 88.12.320 is to further the public interest, welfare, and safety by providing for the protection and promotion of safety in the operation of ((watercraft)) vessels carrying passengers for hire on the whitewater rivers of this state.

      NEW SECTION. Sec. 27. A new section is added to chapter 88.12 RCW to read as follows:

      Except as provided in RCW 88.12.320(3), the commission of a prohibited act under RCW 88.12.250 through 88.12.320 constitutes a misdemeanor, punishable as provided under RCW 9.92.030.

      Sec. 28. RCW 88.12.250 and 1986 c 217 s 3 are each amended to read as follows:

      (1) No person may operate any ((watercraft)) vessel carrying passengers for hire on whitewater rivers in a manner that interferes with other ((watercraft)) vessels or with the free and proper navigation of the rivers of this state.

      (2) Every operator of a ((watercraft)) vessel carrying passengers for hire on whitewater rivers shall at all times operate the ((watercraft)) vessel in a careful and prudent manner and at such a speed as to not endanger the life, limb, or property of any person.

      (3) No ((watercraft)) vessel carrying passengers for hire on whitewater rivers may be loaded with passengers or cargo beyond its safe carrying capacity taking into consideration the type and construction of the ((watercraft)) vessel and other existing operating conditions. In the case of inflatable ((crafts)) vessels, safe carrying capacity in whitewater shall be considered as less than the United States Coast Guard capacity rating for each ((watercraft)) vessel. This subsection shall not apply in cases of an unexpected emergency on the river.

      (4) Individuals licensed under chapter 77.32 RCW and acting as fishing guides are exempt from section 27 of this act and RCW 88.12.260 through 88.12.320.

      Sec. 29. RCW 88.12.260 and 1986 c 217 s 4 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, ((watercraft)) vessels on whitewater rivers proceeding downstream have the right of way over ((watercraft)) vessels proceeding upstream.

      (2) In all cases, ((watercraft)) vessels not under power proceeding downstream on whitewater rivers have the right of way over motorized craft underway.

      Sec. 30. RCW 88.12.280 and 1986 c 217 s 6 are each amended to read as follows:

      (1) While carrying passengers for hire on whitewater rivers ((sections)) in this state, the operator and owner of the vessel shall:

      (((1))) (a) If using inflatable ((watercraft)) vessels, use only ((watercraft)) vessels with three or more separate air chambers;

      (((2))) (b) Ensure that all passengers and operators are wearing a securely fastened ((United States Coast Guard approved type III or type V life jacket in good condition)) personal flotation device;

      (((3))) (c) Ensure that each ((watercraft)) vessel has accessible a spare United States coast guard-approved type III or type V ((life jacket)) personal flotation device in good repair;

      (((4))) (d) Ensure that each ((watercraft)) vessel has on it a bagged throwable line with a floating line and bag;

      (((5))) (e) Ensure that each ((watercraft)) vessel has accessible an adequate first-aid kit;

      (((6))) (f) Ensure that each ((watercraft)) vessel has a spare propelling device;

      (((7))) (g) Ensure that a repair kit and air pump are accessible to inflatable ((watercraft)) vessel; and

      (((8))) (h) Ensure that equipment to prevent and treat hypothermia is accessible to all ((watercraft)) vessels on a trip.

      (2) No person may operate on the whitewater rivers of this state a vessel carrying passengers for hire unless the person has successfully completed a lifesaving training course meeting standards adopted by the commission.

      Sec. 31. RCW 88.12.290 and 1986 c 217 s 7 are each amended to read as follows:

      (1) ((Watercraft)) Vessel operators and passengers on any trip carrying passengers for hire on whitewater rivers of the state shall not allow the use of alcohol during the course of a trip on a whitewater river section in this state.

      (2) Any ((watercraft)) vessel carrying passengers for hire on any whitewater river section in this state must be accompanied by at least one other ((watercraft)) vessel under the supervision of the same operator or owner or being operated by a person registered under RCW 88.12.320 or an operator under the direction or control of a person registered under RCW 88.12.320.

      Sec. 32. RCW 88.12.390 and 1989 c 393 s 4 are each amended to read as follows:

      (1) A marina which meets one or more of the following criteria shall be designated by the commission as appropriate for installation of a sewage pumpout or ((sewage)) dump ((station)) unit:

      (a) The marina is located in an environmentally sensitive or polluted area; or

      (b) The marina has one hundred twenty-five slips or more and there is a lack of sewage pumpout((s)) or dump units within a reasonable distance.

      (2) In addition to subsection (1) of this section, the commission may at its discretion designate a marina as appropriate for installation of a sewage pumpout or ((sewage)) dump ((station)) unit if there is a demonstrated need for a sewage pumpout or ((sewage)) dump ((station)) unit at the marina based on professionally conducted studies undertaken by federal, state, or local government, or the private sector; and it meets the following criteria:

      (a) The marina provides commercial services, such as sales of food, fuel or supplies, or overnight or live-aboard moorage opportunities;

      (b) The marina is located at a heavily used boating destination or on a heavily traveled route, as determined by the commission; or

      (c) There is a lack of adequate sewage pumpout ((station)) or dump unit capacity within a reasonable distance.

      (3) Exceptions to the designation made under this section may be made by the commission if no sewer, septic, water, or electrical services are available at the marina.

      (4) In addition to marinas, the commission may designate boat launches or boater destinations as appropriate for installation of a sewage pumpout or ((sewage)) dump ((station)) unit based on the criteria found in subsections (1) and (2) of this section.

      Sec. 33. RCW 88.12.400 and 1989 c 393 s 5 are each amended to read as follows:

      (1) Marinas and boat launches designated as appropriate for installation of a sewage pumpout or ((sewage)) dump ((station)) unit under RCW 88.12.390 shall be eligible for funding support for installation of such facilities from funds specified in RCW 88.12.450. The commission shall notify owners or operators of all designated marinas and boat launches of the designation, and of the availability of funding to support installation of appropriate sewage disposal facilities. The commission shall encourage the owners and operators to apply for available funding.

      (2) The commission shall seek to provide the most cost-efficient and accessible facilities possible for reducing the amount of boat waste entering the state's waters. The commission shall consider providing funding support for portable pumpout facilities in this effort.

      (3) The commission shall contract with, or enter into an interagency agreement with another state agency to contract with, applicants based on the criteria specified below:

      (a)(i) Contracts may be awarded to publicly owned, tribal, or privately owned marinas or boat launches.

      (ii) Contracts may provide for state reimbursement to cover eligible costs as deemed reasonable by commission rule. Eligible costs include purchase, installation, or major renovation of the sewage pumpout or ((sewage)) dump ((stations)) units, including sewer, water, electrical connections, and those costs attendant to the purchase, installation, and other necessary appurtenances, such as required pier space, as determined by the commission.

      (iii) Ownership of the sewage pumpout or ((sewage)) dump ((station)) unit will be retained by the state through the commission in privately owned marinas. Ownership of the sewage pumpout or ((sewage)) dump ((station)) unit in publicly owned marinas will be held by the public entity.

      (iv) Operation, normal and expected maintenance, and ongoing utility costs will be the responsibility of the ((marina or boat launch operator)) contract recipient. The sewage pumpout or ((sewage)) dump ((station must)) unit shall be kept in operating condition and available for public use at all times during operating hours of the facility, excluding necessary maintenance periods.

      (v) The ((marina owner)) contract recipient agrees to allow the installation, existence and use of the sewage pumpout or ((sewage)) dump ((station)) unit by granting an ((easement)) irrevocable license for a minimum of ten years at no cost ((for such purposes)) to the commission.

      (b) Contracts awarded pursuant to (a) of this subsection shall be subject, for a period of at least ten years, to the following conditions:

      (i) Any ((facility)) contract recipient entering into a contract under this section must allow the boating public access to the sewage pumpout or ((sewage)) dump ((station)) unit during operating hours.

      (ii) The ((applicant)) contract recipient must agree to monitor and encourage the use of the sewage pumpout or ((sewage)) dump ((station)) unit, and to cooperate in any related boater environmental education program administered or approved by the commission.

      (iii) The ((applicant)) contract recipient must agree not to charge a fee for the use of the sewage pumpout or ((sewage)) dump ((station)) unit.

      (iv) The ((applicant)) contract recipient must agree to arrange and pay a reasonable fee for a periodic inspection of the sewage pumpout ((facility)) or dump unit by the local health department or appropriate authority.

      (v) Use of a free sewage pumpout or ((sewage)) dump ((station)) unit by the boating public shall be deemed to be included in the term "outdoor recreation" for the purposes of chapter 4.24 RCW.

      Sec. 34. RCW 88.12.410 and 1989 c 393 s 6 are each amended to read as follows:

      The department of ecology, in consultation with the commission, shall, for initiation of the state-wide program only, develop criteria for the design, installation, and operation of sewage pumpout and ((sewage)) dump ((stations)) units, taking into consideration the ease of access to the ((station)) unit by the boating public. The department of ecology may adopt rules to administer the provisions of this section.

      Sec. 35. RCW 88.12.420 and 1989 c 393 s 7 are each amended to read as follows:

      The commission shall undertake a state-wide boater environmental education program concerning the effects of boat wastes. The boater environmental education program shall provide informational materials on proper boat waste disposal methods, environmentally safe boat maintenance practices, locations of sewage pumpout and ((sewage)) dump ((stations)) units, and boat oil recycling facilities.

      Sec. 36. RCW 88.12.440 and 1989 c 393 s 9 are each amended to read as follows:

      The commission shall, in consultation with interested parties, review progress on installation of sewage pumpout and ((sewage)) dump ((stations)) units, the boater environmental education program, and the boating safety program. The commission shall report its findings to the legislature by December 1994.

      Sec. 37. RCW 88.12.450 and 1989 c 393 s 11 are each amended to read as follows:

      The amounts allocated in accordance with RCW 82.49.030(3) shall be expended upon appropriation in accordance with the following limitations:

      (1) Thirty percent of the funds shall be appropriated to the interagency committee for outdoor recreation and be expended for use by state and local government for public recreational waterway boater access and boater destination sites. Priority shall be given to critical site acquisition. The interagency committee for outdoor recreation shall administer such funds as a competitive grants program. The amounts provided for in this subsection shall be evenly divided between state and local governments.

      (2) Thirty percent of the funds shall be expended by the commission exclusively for sewage pumpout or ((sewage)) dump ((stations)) units at publicly and privately owned marinas as provided for in RCW 88.12.390 and 88.12.400.

      (3) Twenty-five percent of the funds shall be expended for grants to state agencies and other public entities to enforce boating safety and registration laws and to carry out boating safety programs. The commission shall administer such grant program.

      (4) Fifteen percent shall be expended for instructional materials, programs or grants to the public school system, public entities, or other nonprofit community organizations to support boating safety and boater environmental education or boat waste management planning. The commission shall administer this program.

      Sec. 38. RCW 88.02.050 and 1989 c 17 s 1 are each amended to read as follows:

      Application for a vessel registration shall be made to the department or its authorized agent in the manner and upon forms prescribed by the department. The application shall state the name and address of each owner of the vessel and such other information as may be required by the department, shall be signed by at least one owner, and shall be accompanied by a vessel registration fee of ((six)) ten dollars and fifty cents per year and the excise tax imposed under chapter 82.49 RCW. Any fees required for licensing agents under RCW 46.01.140 shall be in addition to the ((six-dollar)) ten dollar and fifty cent annual registration fee.

      Upon receipt of the application and the registration fee, the department shall assign a registration number and issue a decal for each vessel. The registration number and decal shall be issued and affixed to the vessel in a manner prescribed by the department consistent with the standard numbering system for vessels set forth in volume 33, part 174, of the code of federal regulations. A valid decal affixed as prescribed shall indicate compliance with the annual registration requirements of this chapter.

      The vessel registrations and decals are valid for a period of one year, except that the director of licensing may extend or diminish vessel registration periods, and the decals therefor, for the purpose of staggered renewal periods. For registration periods of more or less than one year, the department may collect prorated annual registration fees and excise taxes based upon the number of months in the registration period. Vessel registrations are renewable every year in a manner prescribed by the department upon payment of the vessel registration fee and excise tax. Upon renewing a vessel registration, the department shall issue a new decal to be affixed as prescribed by the department.

      When the department issues either a notice to renew a vessel registration or a decal for a new or renewed vessel registration, it shall also provide information on the location of marine oil recycling tanks and sewage holding tank pumping stations. This information will be provided to the department by the state parks and recreation commission in a form ready for distribution. The form will be developed and prepared by the state parks and recreation commission with the cooperation of the department of ecology. The department, the state parks and recreation commission, and the department of ecology shall enter into a memorandum of agreement to implement this process.

      A person acquiring a vessel from a dealer or a vessel already validly registered under this chapter shall, within fifteen days of the acquisition or purchase of the vessel, apply to the department or its authorized agent for transfer of the vessel registration, and the application shall be accompanied by a transfer fee of one dollar.

      NEW SECTION. Sec. 39. A new section is added to chapter 88.12 RCW to read as follows:

      (1) All motor-propelled vessels shall be equipped and maintained with an effective muffler that is in good working order and in constant use. For the purpose of this section, an effective muffler or underwater exhaust system does not produce sound levels in excess of ninety decibels when subjected to a stationary sound level test that shall be prescribed by rules adopted by the commission, as of the effective date of this section, and for engines manufactured on or after January 1, 1994, a noise level of eighty-eight decibels when subjected to a stationary sound level test that shall be prescribed by rules adopted by the commission.

      (2) A vessel that does not meet the requirements of subsection (1) of this section shall not be operated on the waters of this state.

      (3) No person may operate a vessel on waters of the state in such a manner as to exceed a noise level of seventy-five decibels measured from any point on the shoreline of the body of water on which the vessel is being operated that shall be specified by rules adopted by the commission, as of the effective date of this section. Such measurement shall not preclude a stationary sound level test that shall be prescribed by rules adopted by the commission.

      (4) This section does not apply to: (a) A vessel tuning up, testing for, or participating in official trials for speed records or a sanctioned race conducted pursuant to a permit issued by an appropriate governmental agency; or (b) a vessel being operated by a vessel or marine engine manufacturer for the purpose of testing or development. Nothing in this subsection prevents local governments from adopting ordinances to control the frequency, duration, and location of vessel testing, tune-up, and racing.

      (5) Any officer authorized to enforce this section who has reason to believe that a vessel is not in compliance with the noise levels established in this section may direct the operator of the vessel to submit the vessel to an on-site test to measure noise level, with the officer on board if the officer chooses, and the operator shall comply with such request. If the vessel exceeds the decibel levels established in this section, the officer may direct the operator to take immediate and reasonable measures to correct the violation.

      (6) Any officer who conducts vessel sound level tests as provided in this section shall be qualified in vessel noise testing. Qualifications shall include but may not be limited to the ability to select the appropriate measurement site and the calibration and use of noise testing equipment.

      (7) A person shall not remove, alter, or otherwise modify in any way a muffler or muffler system in a manner that will prevent it from being operated in accordance with this chapter.

      (8) A person shall not manufacture, sell, or offer for sale any vessel that is not equipped with a muffler or muffler system that does not comply with this chapter. This subsection shall not apply to power vessels designed, manufactured, and sold for the sole purpose of competing in racing events and for no other purpose. Any such exemption or exception shall be documented in any and every sale agreement and shall be formally acknowledged by signature on the part of both the buyer and the seller. Copies of the agreement shall be maintained by both parties. A copy shall be kept on board whenever the vessel is operated.

      (9) Except as provided in section 6 of this act, a violation of this section is an infraction under chapter 7.84 RCW.

      (10) Vessels that are equipped with an engine modified to increase performance beyond the engine manufacturer's stock configuration shall have an exhaust system that complies with the standards in this section after January 1, 1994. Until that date, operators or owners, or both, of such vessels with engines that are out of compliance shall be issued a warning and be given educational materials about types of muffling systems available to muffle noise from such high performance engines.

      (11) Nothing in this section preempts a local government from exercising any power that it possesses under the laws or Constitution of the state of Washington to adopt more stringent regulations.

      NEW SECTION. Sec. 40. A new section is added to chapter 88.02 RCW to read as follows:

      Jurisdictions receiving funds under RCW 88.02.040 shall deposit such funds into an account dedicated solely for supporting the jurisdiction's boating safety programs. These funds shall not supplant existing local funds used for boating safety programs.

      NEW SECTION. Sec. 41. RCW 82.49.070 and 1988 c 261 s 1, 1985 c 7 s 155, 1984 c 250 s 4, & 1983 2nd ex.s. c 3 s 49 are each repealed.

      NEW SECTION. Sec. 42. Section 41 of this act shall take effect June 30, 1994.

      NEW SECTION. Sec. 43. Section 38 of this act applies to registrations expiring June 30, 1995, and thereafter.

      NEW SECTION. Sec. 44. The following acts or parts of acts are each repealed:

      (1) RCW 88.12.030 and 1933 c 72 s 3;

      (2) RCW 88.12.040 and 1990 c 231 s 2 & 1933 c 72 s 4;

      (3) RCW 88.12.090 and 1933 c 72 s 6;

      (4) RCW 88.12.240 and 1986 c 217 s 2;

      (5) RCW 88.12.270 and 1986 c 217 s 5;

      (6) RCW 88.12.310 and 1986 c 217 s 9;

      (7) RCW 88.12.340 and 1986 c 217 s 12; and

      (8) RCW 88.12.480 and 1992 c 100 s 8.

      NEW SECTION. Sec. 45. (1) The code reviser shall correct all statutory references to sections recodified by this section.

      (2) The following sections shall be codified or recodified in the following order in chapter 88.12 RCW:

      RCW 88.12.010

      RCW 88.12.--- (section 6 of this act)

      RCW 88.12.020

      RCW 88.12.100

      RCW 88.12.110

      RCW 88.12.120

      RCW 88.12.330

      RCW 88.12.--- (section 10 of this act)

      RCW 88.12.--- (section 11 of this act)

      RCW 88.12.--- (section 39 of this act)

      RCW 88.12.--- (section 12 of this act)

      RCW 88.12.--- (section 13 of this act)

      RCW 88.12.050 

      RCW 88.12.080

      RCW 88.12.--- (section 16 of this act)

      RCW 88.12.--- (section 17 of this act)

      RCW 88.12.130

      RCW 88.12.140

      RCW 88.12.150

      RCW 88.12.160

      RCW 88.12.170

      RCW 88.12.180

      RCW 88.12.190

      RCW 88.12.200

      RCW 88.12.210

      RCW 88.12.220

      RCW 88.12.--- (section 27 of this act)

      RCW 88.12.280

      RCW 88.12.290

      RCW 88.12.300

      RCW 88.12.320

      RCW 88.12.350

      RCW 88.12.360

      RCW 88.12.380

      RCW 88.12.390

      RCW 88.12.400

      RCW 88.12.410

      RCW 88.12.420

      RCW 88.12.430

      RCW 88.12.440

      RCW 88.12.450

      RCW 88.12.460

      RCW 88.12.470."


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

     On page 1, line 1 of the title, after "safety;" strike the remainder of the title and insert "amending RCW 7.84.010, 7.84.020, 88.02.110, 88.12.010, 88.12.020, 88.12.330, 88.12.050, 88.12.080, 88.12.130, 88.12.160, 88.12.170, 88.12.180, 88.12.190, 88.12.200, 88.12.210, 88.12.220, 88.12.230, 88.12.250, 88.12.260, 88.12.280, 88.12.290, 88.12.390, 88.12.400, 88.12.410, 88.12.420, 88.12.440, 88.12.450, and 88.02.050; reenacting and amending RCW 88.12.100; adding new sections to chapter 88.12 RCW; adding a new section to chapter 88.02 RCW; creating new sections; recodifying RCW 88.12.010, 88.12.020, 88.12.100, 88.12.110, 88.12.120, 88.12.330, 88.12.050, 88.12.080, 88.12.130, 88.12.140, 88.12.150, 88.12.160, 88.12.170, 88.12.180, 88.12.190, 88.12.200, 88.12.210, 88.12.220, 88.12.280, 88.12.290, 88.12.300, 88.12.320, 88.12.350, 88.12.360, 88.12.380, 88.12.390, 88.12.400, 88.12.410, 88.12.420, 88.12.430, 88.12.440, 88.12.450, 88.12.460, and 88.12.470; repealing RCW 82.49.070, 88.12.030, 88.12.040, 88.12.090, 88.12.240, 88.12.270, 88.12.310, 88.12.340, and 88.12.480; prescribing penalties; and providing an effective date."




MOTION


     On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1318, 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 Substitute House Bill No. 1318, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1318, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 1; Excused, 1.

     Voting yea: Senators Anderson, Bauer, Bluechel, 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, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams and Wojahn - 39.

     Voting nay: Senators Amondson, Barr, Deccio, McCaslin, Roach, Sellar, Smith, L. and von Reichbauer - 8.

     Absent: Senator Winsley - 1.

     Excused: Senator Cantu - 1.

     SUBSTITUTE HOUSE BILL NO. 1318, 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.


MOTION


     At 12:00 noon, on motion of Senator Jesernig, the Senate recessed until 1:00 p.m.


     The Senate was called to order at 1:04 p.m. by President Pritchard.


MOTION


     On motion of Senator Oke, Senators Amondson, Deccio and McCaslin were excused.


SECOND READING


     ENGROSSED HOUSE BILL NO. 1353, by Representatives G. Cole, Franklin, Heavey and King (by request of Department of Labor and Industries)

 

Regulating asbestos disease benefits claims.


     The bill was read the second time.


MOTION


     On motion of Senator Moore, the rules were suspended, Engrossed House Bill No. 1353 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. 1353.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed House Bill No. 1353 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 5; Absent, 8; Excused, 4.

     Voting yea: Senators Anderson, Bauer, Drew, Erwin, Franklin, Fraser, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Niemi, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, Winsley and Wojahn - 32.

     Voting nay: Senators Barr, Bluechel, Hochstatter, Oke and West - 5.

     Absent: Senators Gaspard, Moyer, Owen, Pelz, Rinehart, Smith, L., Vognild and Williams - 8.

     Excused: Senators Amondson, Cantu, Deccio and McCaslin - 4.

     ENGROSSED HOUSE BILL NO. 1353, 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 Oke, Senators Moyer and Linda Smith were excused.

     On motion of Senator Spanel, Senators Owen, Pelz and Vognild were excused.


SECOND READING


     HOUSE BILL NO. 1815, by Representatives Rust and Valle

 

Recodifying vessel operation provisions.


     The bill was read the second time.


MOTION


     On motion of Senator Fraser, the rules were suspended, House Bill No. 1815 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. 1815.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1815 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

     Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Niemi, Oke, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 42.

     Excused: Senators Amondson, Cantu, McCaslin, Moyer, Owen, Pelz and Vognild - 7.

     HOUSE BILL NO. 1815, 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. 1198, by House Committee on Human Services (originally sponsored by Representatives Leonard, Padden, Appelwick, King, Brough, Johanson, Jones, Roland, Long, G. Cole, Veloria, Horn, Karahalios, Springer, Wood, Flemming, Kessler, Lemmon and Pruitt)

 

Implementing recommendations of the juvenile issues task force.


     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 13.40.020 and 1990 1st ex.s. c 12 s 1 are each amended to read as follows:

      For the purposes of this chapter:

      (1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:

      (a) A class A felony, or an attempt to commit a class A felony;

      (b) Manslaughter in the first degree; or

      (c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon or firearm as defined in RCW 9A.04.110;

      (2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;

      (3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses ((and)). Community supervision is an individualized program comprised of one or more of the following:

      (a) Community-based sanctions;

      (b) Community-based rehabilitation;

      (c) Monitoring and reporting requirements;

      (4) Community-based sanctions may include one or more of the following:

      (a) A fine, not to exceed one hundred dollars;

      (b) Community service not to exceed one hundred fifty hours of service;

      (((c))) (5) "Community-based rehabilitation" means one or more of the following: Attendance of information classes;

      (((d) Counseling; or

      (e) Such other services to the extent funds are available for such services,)) counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

      (6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions((,)) or limitations as the court may require which may not include confinement;

      (((4))) (7) "Confinement" means physical custody by the department of social and health services in a detention facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court and may be served in a detention group home, detention foster home, or with electronic monitoring. Detention group homes and detention foster homes used for confinement shall not also be used for the placement of dependent children. Confinement in detention group homes and detention foster homes and electronic monitoring are subject to available funds;

      (((5))) (8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

      (((6))) (9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

      (a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

      (b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history;

      (((7))) (10) "Department" means the department of social and health services;

      (((8))) (11) "Detention facility" means a facility for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order;

      (12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person or entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW ((13.04.040, as now or hereafter amended,)) 13.40.080, or any person or entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter;

      (((9))) (13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

      (((10))) (14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court;

      (((11))) (15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

      (((12))) (16) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

      (((13))) (17) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;

      (((14))) (18) "Minor or first offender" means a person sixteen years of age or younger whose current offense(s) and criminal history fall entirely within one of the following categories:

      (a) Four misdemeanors;

      (b) Two misdemeanors and one gross misdemeanor;

      (c) One misdemeanor and two gross misdemeanors;

      (d) Three gross misdemeanors;

      (e) One class C felony except manslaughter in the second degree and one misdemeanor or gross misdemeanor;

      (f) One class B felony except: Any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; assault in the second degree; extortion in the first degree; indecent liberties; kidnapping in the second degree; robbery in the second degree; burglary in the second degree; residential burglary; vehicular homicide; or arson in the second degree.

      For purposes of this definition, current violations shall be counted as misdemeanors;

      (((15))) (19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

      (((16))) (20) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

      (((17))) (21) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

      (((18))) (22) "Secretary" means the secretary of the department of social and health services;

      (((19))) (23) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

      (((20))) (24) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

      (((21))) (25) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

      (((22))) (26) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

      (((23))) (27) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration.

      NEW SECTION. Sec. 2. A new section is added to chapter 71.34 RCW to read as follows:

      Whenever a county-designated mental health professional makes a determination under RCW 71.34.050 that a minor, thirteen years or older, does not meet the criteria for an involuntary detention at an evaluation and treatment facility, the county-designated mental health professional shall:

      (1) Provide written notice to the minor's parent of the parent's right to file petitions and obtain services available under chapter 13.32A RCW;

      (2) Provide a written evaluation to the minor's parent detailing the county-designated mental health professional's reasons for not detaining the minor at an evaluation and treatment facility. The evaluation shall include the specific facts investigated, the credibility of the person or persons providing the information, and the criteria for an involuntary detention; and

      (3) Refer the minor and the parents to other available services.

      NEW SECTION. Sec. 3. A new section is added to chapter 70.96A RCW to read as follows:

      Whenever a county-designated chemical dependency specialist makes a determination under RCW 70.96A.140 that a minor does not meet the criteria for a commitment to a chemical dependency program, the county-designated chemical dependency specialist shall:

      (1) Provide written notice to the minor's parent of the parent's right to file petitions and obtain services available under chapter 13.32A RCW; and

      (2) Refer the minor and the parents to other available services.

      NEW SECTION. Sec. 4. A new section is added to chapter 13.40 RCW to read as follows:

      The department shall within existing funds collect such data as may be necessary to monitor any disparity in processing or disposing of cases involving juvenile offenders due to economic, gender, geographic, or racial factors that may result from implementation of section 1, chapter . . ., Laws of 1993 (section 1 of this act). Beginning December 1, 1993, the department shall report annually to the legislature on economic, gender, geographic, or racial disproportionality in the rates of arrest, detention, trial, treatment, and disposition in the state's juvenile justice system. The report shall cover the preceding calendar year. The annual report shall identify the causes of such disproportionality and shall specifically point out any economic, gender, geographic, or racial disproportionality resulting from implementation of section 1, chapter . . ., Laws of 1993 (section 1 of this act).

      NEW SECTION. Sec. 5. 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. 6. Sections 2 and 3 of this act shall take effect July 1, 1994."


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

     On page 2, line 23 of the amendment, after "in a" strike "detention"

     On page 3, line 14 of the amendment, after "means a" insert "county"


MOTION


     Senator Niemi moved that the following amendments to the Committee on Law and Justice striking amendment be considered simultaneously and be adopted:

     On page 5, beginning on line 16 of the committee amendment, strike all material through "services." on line 6, page 6

     Renumber the remaining sections and correct internal references accordingly

     On page 6, beginning on line 27 of the committee amendment, strike all material through "1994." on line 28


POINT OF INQUIRY


     Senator Newhouse: "Senator Niemi, I'm concerned that you say that the counties worked on this, but do the smaller counties have these professionals that you mentioned and are they available to them?"

     Senator Niemi: "Everybody with the regional support networks have these people and the smaller counties would be even more severely impacted because they have even less funds to use for this."

     Further debate ensued.

     The President declared the question before the Senate to be the adoption of the amendments by Senator Niemi on page 5, beginning on line 16, and page 6, beginning on line 27, to the Committee on Law and Justice striking amendment to Engrossed Substitute House Bill No. 1198.

     The motion by Senator Niemi carried and the amendments on page 5, beginning on line 16, and page 6, beginning on line 27, to the Committee on Law and Justice striking amendment were adopted.

     The President declared the question before the Senate to be the adoption of the Committee on Law and Justice amendment, as amended, to Engrossed Substitute House Bill No. 1198.

     Debate ensued.

     The Committee on Law and Justice striking amendment, as amended, to Engrossed Substitute House Bill No. 1198 was adopted.


MOTIONS


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

     On page 1, line 2 of the title, after "force;" strike the remainder of the title and insert "amending RCW 13.40.020; adding a new section to chapter 71.34 RCW; adding a new section to chapter 70.96A RCW; adding a new section to chapter 13.40 RCW; and providing an effective date."

     On page 6, line 33 of the committee title amendment, after "RCW 13.40.020;" insert "and" and strike all material through "70.96A RCW;" on line 34

     On page 7, line 1 of the committee title amendment, after "13.40 RCW" strike "; and providing an effective date"


     On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute House Bill No. 1198, 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 Substitute House Bill No. 1198, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1198, as amended by the Senate, 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, 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 - 48.

     Excused: Senator Cantu - 1.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1198, 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


     HOUSE BILL NO. 1225, by Representatives Zellinsky, Dellwo, Anderson and Mielke

 

Concerning the collection of allowable fees in connection with delinquent debts, repossessions, and foreclosures.


     The bill was read the second time.


MOTION


     On motion of Senator Moore, the rules were suspended, House Bill No. 1225 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. 1225.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1225 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, 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 - 48.

     Excused: Senator Cantu - 1.

     HOUSE BILL NO. 1225, 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. 1428, by House Committee on Energy and Utilities (originally sponsored by Representatives Grant, Casada, Finkbeiner, Long, King and Jacobsen)

 

Removing the expiration date and correcting references for the Washington telephone assistance program.


     The bill was read the second time.


MOTIONS


     On motion of Senator Sutherland, the following Committee on Energy and Utilities amendment was adopted:

     On page 1, beginning on line 14, strike all of section 3 and insert:

     "Sec. 3. 1990 c 170 s 8 (uncodified) is amended to read as follows:

     RCW 80.36.410 through 80.36.470 shall expire June 30, ((1993)) 1998, unless extended by the legislature."


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

     On page 1, line 2 of the title, after "80.36.450;" insert "amending 1990 c 170 s 8 (uncodified);"

     On page 1, at the beginning of line 3 of the title, strike "repealing 1990 c 170 s 8 (uncodified) and 1987 c 229 s 12 (uncodified);"


     On motion of Senator Sutherland, the rules were suspended, Substitute House Bill No. 1428, 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. 1428, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1428, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 1; Excused, 1.

     Voting yea: Senators Amondson, Barr, Bauer, Bluechel, 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, West, Williams, Winsley and Wojahn - 46.

     Voting nay: Senator Anderson - 1.

     Absent: Senator von Reichbauer - 1.

     Excused: Senator Cantu - 1.

     SUBSTITUTE HOUSE BILL NO. 1428, 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 SUBSTITUTE HOUSE BILL NO. 1966, by House Committee on Human Services (originally sponsored by Representatives Wineberry, Leonard, Appelwick, Foreman, Riley, Cooke, H. Myers, Lemmon, Basich, Kessler, Holm, J. Kohl and Anderson)

 

Implementing juvenile justice racial disproportionality study recommendations.


     The bill was read the second time.


MOTIONS


     Senator Adam Smith moved that the following Committee on Ways and Means amendment be adopted:

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. Pursuant to the work of the juvenile justice task force created by the 1991 legislature to undertake a study of Washington state's juvenile justice system, the department of social and health services and the commission on African-American affairs commissioned an independent study of racial disproportionality in the state's juvenile justice system. The study team, which documented evidence of disparity in the treatment of juvenile offenders of color throughout the system, provided recommendations to the legislature on December 15, 1992. The study recommends cultural diversity training for juvenile court and law enforcement personnel, expanded data collection on juvenile offenders throughout the system, development of uniform prosecutorial standards for juvenile offenders, changes to the consolidated juvenile services program and funding formula, dissemination of information to families and communities regarding juvenile court procedures, and examination of juvenile disposition standards for racial and/or ethnic bias.

      It is the intent of the legislature to implement the recommendations of this study in an effort to discourage differential treatment of youth of color and their families who come in contact with the juvenile courts in this state, and to promote racial and ethnic sensitivity and awareness throughout the juvenile court system.

      NEW SECTION. Sec. 2. The administrator for the courts shall develop a plan to improve the collection and reporting of information on juvenile offenders by all juvenile courts in the state. The information related to juvenile offenders shall include, but is not limited to, social, demographic, education, and economic data on juvenile offenders and where possible, their families. Development and implementation of the plan shall be accomplished in consultation with the human rights commission, the governor's juvenile justice advisory committee, superior court judges, juvenile justice administrators, and interested juvenile justice practitioners and researchers. The plan shall include a schedule and budget for implementation and shall be provided to the office of financial management by September 15, 1993.

      Sec. 3. RCW 2.56.030 and 1992 c 205 s 115 are each amended to read as follows:

      The administrator for the courts shall, under the supervision and direction of the chief justice:

      (1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;

      (2) Examine the state of the dockets of the courts and determine the need for assistance by any court;

      (3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;

      (4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;

      (5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;

      (6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;

      (7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;

      (8) Act as secretary of the judicial conference referred to in RCW 2.56.060;

      (9) Formulate and submit to the judicial council of this state recommendations of policies for the improvement of the judicial system;

      (10) Submit annually, as of February 1st, to the chief justice and the judicial council, a report of the activities of the administrator's office for the preceding calendar year;

      (11) Administer programs and standards for the training and education of judicial personnel;

      (12) Examine the need for new superior court and district judge positions under a weighted caseload analysis that takes into account the time required to hear all the cases in a particular court and the amount of time existing judges have available to hear cases in that court. The results of the weighted caseload analysis shall be reviewed by the board for judicial administration and the judicial council, both of which shall make recommendations to the legislature by January 1, 1989. It is the intent of the legislature that weighted caseload analysis become the basis for creating additional district court positions, and recommendations should address that objective;

      (13) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;

      (14) Attend to such other matters as may be assigned by the supreme court of this state;

      (15) Within available funds, develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child. This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers by July 1, 1988. The curriculum shall be updated yearly to reflect changes in statutes, court rules, or case law;

      (16) Develop a curriculum for a general understanding of crimes of malicious harassment, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims. This curriculum shall be completed and made available to all superior court and court of appeals judges and to all justices of the supreme court by July 1, 1989;

      (17) Develop, in consultation with the criminal justice training commission and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families. The curriculum shall be completed and made available to all superior court judges and court commissioners assigned to juvenile court, and other court personnel by October 1, 1993. Ethnic and cultural diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile courts state-wide.

      NEW SECTION. Sec. 4. A new section is added to chapter 43.101 RCW to read as follows:

      The criminal justice training commission shall develop, in consultation with the administrator for the courts and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families. The curriculum shall be developed by October 1, 1993. The commission shall ensure that ethnic and diversity training becomes an integral part of the training of law enforcement personnel so as to incorporate cultural sensitivity and awareness into the daily activities of law enforcement personnel.

      NEW SECTION. Sec. 5. A new section is added to chapter 2.56 RCW to read as follows:

      The administrator for the courts shall, in cooperation with juvenile courts, develop informational materials describing juvenile laws and juvenile court processes and procedures related to such laws, and make such information available to the public. Similar information shall also be made available for the non-English speaking youth and their families.

      NEW SECTION. Sec. 6. A new section is added to chapter 13.04 RCW to read as follows:

      The administrator of juvenile court shall obtain interpreters as needed, to enable non-English speaking youth and their families to fully participate in detention, probation, or court proceedings and programs.

      Sec. 7. RCW 13.06.050 and 1983 c 191 s 5 are each amended to read as follows:

      No county shall be entitled to receive any state funds provided by this chapter until its application and plan are approved, and unless and until the minimum standards prescribed by the department of social and health services are complied with and then only on such terms as are set forth in this section. In addition, any county making application for state funds under this chapter that also operates a juvenile detention facility must have standards of operations in place that include: Intake and admissions, medical and health care, communication, correspondence, visiting and telephone use, security and control, sanitation and hygiene, juvenile rights, rules and discipline, property, juvenile records, safety and emergency procedures, programming, release and transfer, training and staff development, and food service.

      (1) The distribution of funds to a county or a group of counties shall be based on criteria including but not limited to the county's per capita income, regional or county at-risk populations, juvenile crime or arrest rates, rates of poverty, size of racial minority populations, existing programs, and the effectiveness and efficiency of consolidating local programs towards reducing commitments to state correctional facilities for offenders whose standard range disposition does not include commitment of the offender to the department and reducing reliance on other traditional departmental services.

      (2) The secretary will reimburse a county upon presentation and approval of a valid claim pursuant to the provisions of this chapter based on actual performance in meeting the terms and conditions of the approved plan and contract. Funds received by participating counties under this chapter shall not be used to replace local funds for existing programs.

      (3) The secretary, in conjunction with the human rights commission, shall evaluate the effectiveness of programs funded under this chapter in reducing racial disproportionality. The secretary shall investigate whether implementation of such programs has reduced disproportionality in counties with initially high levels of disproportionality. The analysis shall indicate which programs are cost-effective in reducing disproportionality in such areas as alternatives to detention, intake and risk assessment standards pursuant to RCW 13.40.038, alternatives to incarceration, and in the prosecution and adjudication of juveniles. The secretary shall report his or her findings to the legislature by December 1, 1994, and December 1 of each year thereafter.

      NEW SECTION. Sec. 8. The administrator for the courts shall convene a working group to develop standards and guidelines for the prosecution of juvenile offenders under Title 13 RCW, review any racial disproportionality in diversion, and review the use of detention facilities in a way to reduce racial disproportionality. The administrator shall appoint:

      (1) One defense attorney familiar with juvenile justice, and three prosecuting attorneys familiar with juvenile justice;

      (2) One superior court judge;

      (3) One court commissioner;

      (4) One juvenile court administrator;

      (5) One representative of the juvenile disposition standards board;

      (6) One representative of the department of social and health services;

      (7) One social researcher with expertise in juvenile or criminal justice;

      (8) Two representatives of child advocacy groups recommended by the governor; and

      (9) Two persons recommended jointly by the Washington state minority commissions.

      The work group shall develop and submit its recommended standards and guidelines to the appropriate committees of the legislature by December 1, 1994.

      Sec. 9. RCW 13.40.027 and 1992 c 205 s 103 are each amended to read as follows:

      (1) It is the responsibility of the commission to: (a)(i) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally ((and)), (ii) specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion, and (iii) review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth; (b) solicit the comments and suggestions of the juvenile justice community concerning disposition standards; and (c) make recommendations to the legislature regarding revisions or modifications of the disposition standards in accordance with RCW 13.40.030. The evaluations shall be submitted to the legislature ((by December 1, 1992, and)) on December 1 of each even-numbered year thereafter.

      (2) It is the responsibility of the department to: (a) Provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders; (b) at the request of the commission, provide technical and administrative assistance to the commission in the performance of its responsibilities; and (c) provide the commission and legislature with recommendations for modification of the disposition standards.

      NEW SECTION. Sec. 10. 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 shall be null and void."


     On motion of Senator Talmadge, the following amendment by Senators Talmadge and Newhouse to the Committee on Law and Justice striking amendment was adopted:

     On page 4, beginning on line 29 of the amendment, after "needed" strike all material through "fully" on line 30, and insert "consistent with the intent and practice of chapter 2.43 RCW, to enable non-English speaking youth and their families to"

     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 Substitute House Bill No. 1966.

     The Committee on Law and Justice striking amendment, as amended, to Engrossed Substitute House Bill No. 1966 was adopted.


MOTIONS


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

     On page 1, line 2 of the title, after "recommendations;" strike the remainder of the title and insert "amending RCW 2.56.030, 13.06.050, and 13.40.027; adding a new section to chapter 43.101 RCW; adding a new section to chapter 2.56 RCW; adding a new section to chapter 13.04 RCW; and creating new sections."


     On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute House Bill No. 1966, 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 Substitute House Bill No. 1966, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1966, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 2; Excused, 1.

     Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, 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, West, Williams, Winsley and Wojahn - 45.

     Voting nay: Senator Amondson - 1.

     Absent: Senators Hargrove and von Reichbauer - 2.

     Excused: Senator Cantu - 1.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1966, 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.


MOTION


     On motion of Senator Jesernig, the Senate will now consider Senate Bill No. 5981 and Senate Bill No. 5983.


SECOND READING


     SENATE BILL NO. 5981, by Senators Owen, Spanel and Rinehart (by request of Office of Financial Management)

 

Regulating forest lands to maintain a viable forest products industry.


MOTIONS


     On motion of Senator Rinehart, Substitute Senate Bill No. 5981 was substituted for Senate Bill No. 5981 and the substitute bill was placed on second reading and read the second time.


     Senator Spanel moved that the following amendment by Senators Spanel, Hargrove and Rinehart be adopted:

     On page 11, beginning on line 17, strike all material down to and including line 3 on page 13.

     Renumber the sections consecutively.

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendment by Senators Spanel, Hargrove and Rinehart to Substitute Senate Bill No. 5981.

     The motion by Senator Spanel carried and the amendment was adopted on a rising vote.


MOTIONS


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

     On page 1, line 2 of the title, strike "76.09.060, and 76.09.220;" and insert "and 76.09.060;"

     On motion of Senator Rinehart, the rules were suspended, Engrossed Substitute Senate Bill No. 5981 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.


POINT OF INQUIRY


     Senator Sutherland: "Senator Owen, in the bill, there is a five hundred dollar fee for those forest land owners that would convert their properties to other than forest properties. There have been a number of permits that have gone through the process the last few years where land owners said they were not going to convert, then harvested the properties, but then shortly thereafter converted the properties. Would those that did the process that I just explained that said they weren't going to convert and then converted, still have to pay this five hundred dollars, after they converted?"

     Senator Owen: "Yes, if they knew they were going to convert. Of course, that would be a little fraudulent. We increased the penalties this year. As a matter of fact, if a person did that, knowingly, that they were going to convert the land--out of forestry land--they could actually get a ten thousand dollar fine and have a lien put against their property. So, we've increased the penalties, but, yes, if a person files in the wrong classification and then converts, the state can go back and get the actual fee from them."

     Senator Sutherland: "Thank you."

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5981.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5981 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, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild and Wojahn - 26.

     Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Niemi, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West, Williams and Winsley - 22.

     Excused: Senator Cantu - 1.

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5981, 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. 5983, by Senators M. Rasmussen and Loveland (by request of Department of Agriculture)

 

Altering fees related to agriculture.


     The bill was read the second time.


MOTIONS


     On motion of Senator Rinehart, the following Committee of Ways and Means amendment was adopted:

     On page 12, line 17, strike "sixty" and insert "((sixty)) one hundred two"


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

     On page 1, line 11, strike "six-tenths" and insert "fifty-four one-hundredths"


MOTION


     Senator Rasmussen moved that the following amendment be adopted:

     On page 17, line 11, strike "five" and insert "three"


POINT OF INQUIRY


     Senator Barr: "Senator Rasmussen, what was the purpose of doing this?"

     Senator Rasmussen: "What this amendment does is lower it from five mills to three mills. Currently, for every dozen eggs at the wholesale level, there is two and a half mills of fees. Those go to the Department of Agriculture for egg inspection programs in the grocery stores. What the Department of Ag did was first, they thought they needed to raise it from two and half mills to five mills. After checking, they found out that three mills would be sufficient, so that is only a half of one percent of a mill. That is all the fee raises."

     Senator Barr: "Thank you, I understand now what we are doing. We are reducing the part for the egg industry and my question is I wonder why we couldn't do that for the feedlot industry, the beef industry, the dairy industry. It is kind of a mystery, but I guess we should support reducing a proposal which was tremendously high. I would encourage adoption of this to bring it down a little bit, at least, for one industry."

     The President declared the question before the Senate to be the adoption of the amendment by Senator Rasmussen on page 17, line 11, to Senate Bill No. 5983.

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


MOTION


     On motion of Senator Rinehart, the rules were suspended, Engrossed Senate Bill No. 5983 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 Senate Bill No. 5983.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5983 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 21; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 27.

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

     Excused: Senator Cantu - 1.

     ENGROSSED SENATE BILL NO. 5983, 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 Oke, Senator Moyer was excused.


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1156, by House Committee on Local Government (originally sponsored by Representatives H. Myers, Ludwig, Scott, Riley, Cothern, R. Meyers, L. Johnson and Ogden)

 

Transferring county sheriff's office employees.


     The bill was read the second time.


MOTION


     On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 1156 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. 1156.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1156 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 2; Excused, 2.

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

     Voting nay: Senator Newhouse - 1.

     Absent: Senators Niemi and Talmadge - 2.

     Excused: Senators Cantu and Moyer - 2.

     SUBSTITUTE HOUSE BILL NO. 1156, 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. 1760, by House Committee on Judiciary (originally sponsored by Representatives H. Myers, Brough, Appelwick, Miller, Johanson, Chappell, Ludwig, Scott and Mastin)

 

Regulating obligations for child support and spousal maintenance.


     The bill was read the second time.


MOTION


     Senator Hochstatter moved that the following amendment by Senators Hochstatter, Vognild, Bauer, Owen, McCaslin and Hargrove be adopted:

     On page 17, after line 13, insert the following:

      "Sec. 15. RCW 26.09.225 and 1991 sp.s. c 28 s 3 are each amended to read as follows:

      (1) Each parent shall have full and equal access to the education and health care records of the child absent a court order to the contrary. Neither parent may veto the access requested by the other parent.

      (2) Educational records are limited to academic, attendance, and disciplinary records of public and private schools in all grades kindergarten through twelve and any form of alternative school for all periods for which child support is paid or the child is the dependent in fact of the parent requesting access to the records.

      (3) Educational records of postsecondary educational institutions are limited to enrollment and academic records necessary to determine, establish, or continue support ordered pursuant to RCW 26.19.090 before the effective date of this act.

      Sec. 16. RCW 26.18.210 and 1990 1st ex.s. c 2 s 22 are each amended to read as follows:

      (1) The administrator for the courts shall develop a child support order summary report form to provide for the reporting of summary information in every case in which a child support order is entered or modified either judicially or administratively. The administrator for the courts shall attempt to the greatest extent possible to make the form simple and understandable by the parties. The form shall indicate the following:

      (a) The county in which the order was entered and the cause number;

      (b) Whether it was a judicial or administrative order;

      (c) Whether the order is an original order or from a modification;

      (d) The number of children of the parties and the children's ages;

      (e) The combined monthly net income of parties;

      (f) The monthly net income of the father as determined by the court;

      (g) The monthly net income of the mother as determined by the court;

      (h) The basic child support obligation for each child as determined from the economic table;

      (i) Whether or not the court deviated from the child support for each child;

      (j) The reason or reasons stated by the court for the deviation;

      (k) The amount of child support after the deviation;

      (l) Any amount awarded for day care;

      (m) Any other extraordinary amounts in the order;

      (n) ((Any amount ordered for postsecondary education;

      (o))) The total amount of support ordered;

      (((p))) (o) In the case of a modification, the amount of support in the previous order;

      (((q))) (p) If the change in support was in excess of thirty percent, whether the change was phased in;

      (((r))) (q) The amount of the transfer payment ordered;

      (((s))) (r) Which parent was ordered to make the transfer payment; and

      (((t))) (s) The date of the entry of the order.

      (2) The administrator for the courts shall make the form available to the parties.

      Sec. 17. RCW 26.19.035 and 1992 c 229 s 6 are each amended to read as follows:

      (1) Application of the child support schedule. The child support schedule shall be applied:

      (a) In each county of the state;

      (b) In judicial and administrative proceedings under this title or Title 13 or 74 RCW;

      (c) In all proceedings in which child support is determined or modified;

      (d) In setting temporary and permanent support;

      (e) In automatic modification provisions or decrees entered pursuant to RCW 26.09.100; and

      (f) In addition to proceedings in which child support is determined for minors, to adult children who are dependent on their parents and for whom support is ordered pursuant to RCW 26.09.100. However, child support shall not be made mandatory for postsecondary education of a child over eighteen years of age.

      The provisions of this chapter for determining child support and reasons for deviation from the standard calculation shall be applied in the same manner by the court, presiding officers, and reviewing officers.

      (2) Written findings of fact supported by the evidence. An order for child support shall be supported by written findings of fact upon which the support determination is based and shall include reasons for any deviation from the standard calculation and reasons for denial of a party's request for deviation from the standard calculation. The court shall enter written findings of fact in all cases whether or not the court: (a) Sets the support at the presumptive amount, for combined monthly net incomes below five thousand dollars; (b) sets the support at an advisory amount, for combined monthly net incomes between five thousand and seven thousand dollars; or (c) deviates from the presumptive or advisory amounts.

      (3) Completion of worksheets. Worksheets in the form developed by the office of the administrator for the courts shall be completed under penalty of perjury and filed in every proceeding in which child support is determined. The court shall not accept incomplete worksheets or worksheets that vary from the worksheets developed by the office of the administrator for the courts.

      (4) Court review of the worksheets and order. The court shall review the worksheets and the order setting support for the adequacy of the reasons set forth for any deviation or denial of any request for deviation and for the adequacy of the amount of support ordered. Each order shall state the amount of child support calculated using the standard calculation and the amount of child support actually ordered. Worksheets shall be attached to the decree or order or if filed separately shall be initialed or signed by the judge and filed with the order.

      Sec. 18. RCW 26.19.075 and 1991 sp.s. c 28 s 6 are each amended to read as follows:

      (1) Reasons for deviation from the standard calculation include but are not limited to the following:

      (a) Sources of income and tax planning. The court may deviate from the standard calculation after consideration of the following:

      (i) Income of a new spouse if the parent who is married to the new spouse is asking for a deviation based on any other reason. Income of a new spouse is not, by itself, a sufficient reason for deviation;

      (ii) Income of other adults in the household if the parent who is living with the other adult is asking for a deviation based on any other reason. Income of the other adults in the household is not, by itself, a sufficient reason for deviation;

      (iii) Child support actually received from other relationships;

      (iv) Gifts;

      (v) Prizes;

      (vi) Possession of wealth, including but not limited to savings, investments, real estate holdings and business interests, vehicles, boats, pensions, bank accounts, insurance plans, or other assets;

      (vii) Extraordinary income of a child; or

      (viii) Tax planning considerations. A deviation for tax planning may be granted only if the child would not receive a lesser economic benefit due to the tax planning.

      (b) Nonrecurring income. The court may deviate from the standard calculation based on a finding that a particular source of income included in the calculation of the basic support obligation is not a recurring source of income. Depending on the circumstances, nonrecurring income may include overtime, contract-related benefits, bonuses, or income from second jobs. Deviations for nonrecurring income shall be based on a review of the nonrecurring income received in the previous two calendar years.

      (c) Debt and high expenses. The court may deviate from the standard calculation after consideration of the following expenses:

      (i) Extraordinary debt not voluntarily incurred;

      (ii) A significant disparity in the living costs of the parents due to conditions beyond their control;

      (iii) Special needs of disabled children; or

      (iv) Special medical, educational, or psychological needs of the children. Special educational needs do not include postsecondary education of a child over eighteen years of age.

      (d) Residential schedule. The court may deviate from the standard calculation if the child spends a significant amount of time with the parent who is obligated to make a support transfer payment. The court may not deviate on that basis if the deviation will result in insufficient funds in the household receiving the support to meet the basic needs of the child or if the child is receiving aid to families with dependent children. When determining the amount of the deviation, the court shall consider evidence concerning the increased expenses to a parent making support transfer payments resulting from the significant amount of time spent with that parent and shall consider the decreased expenses, if any, to the party receiving the support resulting from the significant amount of time the child spends with the parent making the support transfer payment.

      (e) Children from other relationships. The court may deviate from the standard calculation when either or both of the parents before the court have children from other relationships to whom the parent owes a duty of support.

      (i) The child support schedule shall be applied to the mother, father, and children of the family before the court to determine the presumptive amount of support.

      (ii) Children from other relationships shall not be counted in the number of children for purposes of determining the basic support obligation and the standard calculation.

      (iii) When considering a deviation from the standard calculation for children from other relationships, the court may consider only other children to whom the parent owes a duty of support. The court may consider court-ordered payments of child support for children from other relationships only to the extent that the support is actually paid.

      (iv) When the court has determined that either or both parents have children from other relationships, deviations under this section shall be based on consideration of the total circumstances of both households. All child support obligations paid, received, and owed for all children shall be disclosed and considered.

      (2) All income and resources of the parties before the court, new spouses, and other adults in the households shall be disclosed and considered as provided in this section. The presumptive amount of support shall be determined according to the child support schedule. Unless specific reasons for deviation are set forth in the written findings of fact and are supported by the evidence, the court shall order each parent to pay the amount of support determined by using the standard calculation.

      (3) The court shall enter findings that specify reasons for any deviation or any denial of a party's request for any deviation from the standard calculation made by the court. The court shall not consider reasons for deviation until the court determines the standard calculation for each parent.

      (4) When reasons exist for deviation, the court shall exercise discretion in considering the extent to which the factors would affect the support obligation.

      (5) Agreement of the parties is not by itself adequate reason for any deviations from the standard calculation.

      Sec. 19. RCW 26.19.090 and 1991 sp.s. c 28 s 7 are each amended to read as follows:

      (((1))) The child support schedule shall ((be advisory and not mandatory)) not be used for postsecondary educational support of a child over eighteen years of age.

      (((2) When considering whether to order support for postsecondary educational expenses, the court shall determine whether the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child's needs; the expectations of the parties for their children when the parents were together; the child's prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; and the parents' level of education, standard of living, and current and future resources. Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together.

      (3) The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child's vocational goals, and must be in good academic standing as defined by the institution. The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions.

      (4) The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225.

      (5) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities.

      (6) The court shall direct that either or both parents' payments for postsecondary educational expenses be made directly to the educational institution if feasible. If direct payments are not feasible, then the court in its discretion may order that either or both parents' payments be made directly to the child if the child does not reside with either parent. If the child resides with one of the parents the court may direct that the parent making the support transfer payments make the payments to the child or to the parent who has been receiving the support transfer payments.))"


POINT OF ORDER


     Senator Spanel: "A point of order, Mr. President. I would request a scope and object of this amendment. The underlying bill, Engrossed Substitute House Bill No. 1760, deals with wage assignments and the amendment that is being offered is the one that has been clearly stated. It deals with child support and post secondary education."

     There being no objection, the President deferred further consideration of Engrossed Substitute House Bill No. 1760.


MOTION


     On motion of Senator Spanel, Senators Niemi and Talmadge were excused.


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1103, by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Brown, Schmidt, Wood, Jones, Franklin and Johanson)

 

Changing the model traffic ordinance from statute to rule.


     The bill was read the second time.


MOTION


     On motion of Senator Loveland, the rules were suspended, Substitute House Bill No. 1103 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 House Bill No. 1103.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1103 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 18; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, Williams and Wojahn - 27.

     Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Nelson, Newhouse, Oke, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 18.

     Excused: Senators Cantu, Moyer, Niemi and Talmadge - 4.

     SUBSTITUTE HOUSE BILL NO. 1103, 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 CONCURRENT RESOLUTION NO. 4408, by House Committee on Higher Education (originally sponsored by Representatives Jacobsen, Brumsickle, Quall, Shin, Flemming, Carlson, Rayburn, Kessler, J. Kohl, Bray, Ogden, Wood, Horn and L. Johnson)

 

Commending the Higher Education Coordinating Board and approving goals of the update of its master plan for higher education.


     The bill was read the second time.


MOTION


     On motion of Senator Bauer, the rules were suspended, Substitute House Concurrent Resolution No. 4408 was advanced to third reading, the second reading considered the third and the concurrent resolution 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 Concurrent Resolution No. 4408.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Concurrent Resolution No. 4408 and the concurrent resolution passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

     Excused: Senators Cantu, Moyer, Niemi and Talmadge - 4.

     SUBSTITUTE HOUSE CONCURRENT RESOLUTION NO. 4408, having received the constitutional majority, was declared passed.


SECOND READING


     HOUSE BILL NO. 1227, by Representatives R. Johnson, Chandler and Rayburn

 

Changing misbranding and adulteration provisions for meat and poultry products.


     The bill was read the second time.


MOTION


     On motion of Senator Rasmussen, the rules were suspended, House Bill No. 1227 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. 1227.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1227 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

     Excused: Senators Cantu, Moyer, Niemi and Talmadge - 4.

     HOUSE BILL NO. 1227, 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. NO. 1496, by House Committee on Commerce and Labor (originally sponsored by Representative Dellwo)

 

Regulating employment agencies.


     The bill was read the second time.


MOTIONS


     Senator Moore moved that the following Committee on Labor and Commerce amendment be adopted:

     Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 19.31.020 and 1990 c 70 s 1 are each amended to read as follows:

      Unless a different meaning is clearly required by the context, the following words and phrases, as hereinafter used in this chapter, shall have the following meanings:

      (1) "Employment agency" is synonymous with "agency" and shall mean any business in which any part of the business gross or net income is derived from a fee received from applicants, and in which any of the following activities are engaged in:

      (a) The offering, promising, procuring, or attempting to procure employment for applicants; ((or))

      (b) The giving of information regarding where and from whom employment may be obtained; or

      (c) The sale of a list of jobs or a list of names of persons or companies accepting applications for specific positions, in any form.

      In addition the term "employment agency" shall mean and include any person, bureau, employment listing ((or employment referral)) service, employment directory, organization, or school which for profit, by advertisement or otherwise, offers, as one of its main objects or purposes, to procure employment for any person who pays for its services, or which collects tuition, or charges for service of any nature, where the main object of the person paying the same is to secure employment. It also includes any business that provides a resume to an individual and provides that person with a list of names to whom the resume may be sent or provides that person with preaddressed envelopes to be mailed by the individual or by the business itself, if the list of names or the preaddressed envelopes have been compiled and are represented by the business as having job openings. The term "employment agency" shall not include labor union organizations, temporary service contractors, proprietary schools, nonprofit schools and colleges, career guidance and counseling services, employment directories that are sold in a manner that allows the applicant to examine the directory before purchase, theatrical agencies, farm labor contractors, or the Washington state employment agency.

      (2) "Temporary service contractors" shall mean any person, firm, association, or corporation conducting a business which consists of employing individuals directly for the purpose of furnishing such individuals on a part time or temporary help basis to others.

      (3) "Theatrical agency" means any person who, for a fee or commission, procures or attempts to procure on behalf of an individual or individuals, employment or engagements for circus, vaudeville, the variety field, the legitimate theater, motion pictures, radio, television, phonograph recordings, transcriptions, opera, concert, ballet, modeling, or other entertainments, exhibitions, or performances.

      (4) "Farm labor contractor" means any person, or his agent, who, for a fee, employs workers to render personal services in connection with the production of any farm products, to, for, or under the direction of an employer engaged in the growing, producing, or harvesting of farm products, or who recruits, solicits, supplies, or hires workers on behalf of an employer engaged in the growing, producing, or harvesting of farm products or who provides in connection with recruiting, soliciting, supplying, or hiring workers engaged in the growing, producing, or harvesting of farm products, one or more of the following services: Furnishes board, lodging, or transportation for such workers, supervises, times, checks, counts, sizes, or otherwise directs or measures their work; or disburses wage payments to such persons.

      (5) "Employer" means any person, firm, corporation, partnership, or association employing or seeking to enter into an arrangement to employ a person through the medium or service of an employment agency.

      (6) "Applicant", except when used to describe an applicant for an employment agency license, means any person, whether employed or unemployed, seeking or entering into any arrangement for his employment or change of his employment through the medium or service of an employment agency.

      (7) "Person" includes any individual, firm, corporation, partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an agent or employee of any of the foregoing.

      (8) "Director" shall mean the director of licensing.

      (9) "Resume" means a document of the applicant's employment history that is approved, received, and paid for by the applicant.

      (10) "Fee" means anything of value. The term includes money or other valuable consideration or services or the promise of money or other valuable consideration or services, received directly or indirectly by an employment agency from a person seeking employment, in payment for the service.

      (11) "Employment listing service" means any business operated by any person that provides in any form, including written or verbal, lists of specified positions of employment available with any employer other than itself or that holds itself out to applicants as able to provide information about specific positions of employment available with any employer other than itself, and that charges a fee to the applicant for its services and does not set up interviews or otherwise intercede between employer and applicant.

      (12) "Employment directory" means any business operated by any person that provides in any form, including written or verbal, lists of employers, does not provide lists of specified positions of employment, that holds itself out to applicants as able to provide information on employment in specific industries or geographical areas, and that charges a fee to the applicant for its services.

      (13) "Career guidance and counseling service" means any person, firm, association, or corporation conducting a business that engages in any of the following activities:

      (a) Career assessment, planning, or testing through individual counseling or group seminars, classes, or workshops;

      (b) Skills analysis, resume writing, and preparation through individual counseling or group seminars, classes, or workshops;

      (c) Training in job search or interviewing skills through individual counseling or group seminars, classes, or workshops: PROVIDED, That the career guidance and counseling service does not engage in any of the following activities:

      (i) Contacts employers on behalf of an applicant or in any way intercedes between employer and applicant;

      (ii) Provides information on specific job openings;

      (iii) Holds itself out as able to provide referrals to specific companies or individuals who have specific job openings.

      Sec. 2. RCW 19.31.030 and 1969 ex.s. c 228 s 3 are each amended to read as follows:

      Each employment agency shall keep records of all services rendered employers and applicants. These records shall contain the name and address of the employer by whom the services were solicited; the name and address of the applicant; kind of position ordered by the employer; dates job orders or job listings are obtained; subsequent dates job orders or job listings are verified as still being current; kind of position accepted by the applicant; probable duration of the employment, if known; rate of wage or salary to be paid the applicant; amount of the employment agency's fee; dates and amounts of refund if any, and reason for such refund; and the contract agreed to between the agency and applicant. An employment listing service need not keep records pertaining to the kind of position accepted by applicant and probable duration of employment.

      An employment directory shall keep records of all services rendered to applicants. These records shall contain: The name and address of the applicant; amount of the employment directory's fee; dates and amounts of refund if any, and reason for the refund; the contract agreed to between the employment directory and applicant; and the dates of contact with employers made pursuant to RCW 19.31.190(11).

      The director shall have authority to demand and to examine, at the employment agency's regular place of business, all books, documents, and records in its possession for inspection. Unless otherwise provided by rules or regulation adopted by the director, such records shall be maintained for a period of three years from the date in which they are made.

      Sec. 3. RCW 19.31.040 and 1985 c 7 s 83 are each amended to read as follows:

      An employment agency shall provide each applicant with a copy of the contract between the applicant and employment agency which shall have printed on it or attached to it a copy of RCW 19.31.170 as now or hereafter amended. Such contract shall contain the following:

      (1) The name, address, and telephone number of the employment agency;

      (2) Trade name if any;

      (3) The date of the contract;

      (4) The name of the applicant;

      (5) The amount of the fee to be charged the applicant, or the method of computation of the fee, and the time and method of payments: PROVIDED, HOWEVER, That if the provisions of the contract come within the definition of a "retail installment transaction", as defined in RCW 63.14.010, the contract shall conform to the requirements of chapter 63.14 RCW, as now or hereafter amended;

      (6) A notice in eight-point bold face type or larger directly above the space reserved in the contract for the signature of the buyer. The caption, "NOTICE TO APPLICANT--READ BEFORE SIGNING" shall precede the body of the notice and shall be in ten-point bold face type or larger. The notice shall read as follows:

      "This is a contract. If you accept employment with any employer through [name of employment agency] you will be liable for the payment of the fee as set out above. Do not sign this contract before you read it or if any spaces intended for the agreed terms are left blank. You must be given a copy of this contract at the time you sign it."

      The notice for an employment listing service shall read as follows:

      "This is a contract. You understand (the employment listing service) provides information on bona fide job listings but does not guarantee you will be offered a job. You also understand you are liable for the payment of the fee when you receive the list or referral. Do not sign this contract before you read it or if any spaces intended for the agreed terms are left blank. You must be given a copy of this contract at the time you sign it."

      The notice for an employment directory shall read as follows if the directory is sold in person:

      "This is a contract. You understand [the employment directory] provides information on possible employers along with general employment, industry, and geographical information to assist you, but does not list actual job openings or guarantee you will obtain employment through its services. You also understand you are liable for the payment of the fee when you receive the directory. Do not sign this contract before you read it or if any spaces intended for the agreed terms are left blank. You must be given a copy of this contract at the time you sign it."

      A verbal notice for an employment directory shall be as follows before accepting a fee if the directory is sold over the telephone:

      "You understand [the employment directory] provides information on possible employers along with general employment, industry, and geographical information to assist you, but does not list actual job openings or guarantee you will obtain employment through its services. You also understand you are liable for the payment of the fee when you order the directory."

      A copy of the contract must be sent to all applicants ordering by telephone and must specify the following information:

      (a) Name, address, and phone number of employment directory;

      (b) Name, address, and phone number of applicant;

      (c) Date of order;

      (d) Date verbal notice was read to applicant along with a printed statement to read as follows:

      "On [date verbal notice was read] and prior to placing this order the following statement was read to you: "You understand [the employment directory] provides information on possible employers along with general employment, industry, and geographical information to assist you, but does not list actual job openings or guarantee you will be offered a job. You also understand you are liable for the payment of the fee when you order the directory."; and

      (e) Signature of employment directory representative.

      Sec. 4. RCW 19.31.100 and 1982 c 227 s 14 are each amended to read as follows:

      (1) Every applicant for an employment agency's license or a renewal thereof shall file with the director a written application stating the name and address of the applicant; the street and number of the building in which the business of the employment agency is to be conducted; the name of the person who is to have the general management of the office; the name under which the business of the office is to be carried on; whether or not the applicant is pecuniarily interested in the business to be carried on under the license; shall be signed by the applicant and sworn to before a notary public; and shall identify anyone holding over twenty percent interest in the agency. If the applicant is a corporation, the application shall state the names and addresses of the officers and directors of the corporation, and shall be signed and sworn to by the president and secretary thereof. If the applicant is a partnership, the application shall also state the names and addresses of all partners therein, and shall be signed and sworn to by all of them. The application shall also state whether or not the applicant is, at the time of making the application, or has at any previous time been engaged in or interested in or employed by anyone engaged in the business of an employment agency.

      (2) The application shall require a certification that no officer or holder of more than twenty percent interest in the business has been convicted of a felony within ten years of the application which directly relates to the business for which the license is sought, or had any judgment entered against such person in any civil action involving fraud, misrepresentation, or conversion.

      (3) All applications for employment agency licenses shall be accompanied by a copy of the form of contract and fee schedule to be used between the employment agency and the applicant.

      (4) No license to operate an employment agency in this state shall be issued, transferred, renewed, or remain in effect, unless the person who has or is to have the general management of the office has qualified pursuant to this section. The director may, for good cause shown, waive the requirement imposed by this section for a period not to exceed one hundred and twenty days. Persons who have been previously licensed or who have operated to the satisfaction of the director for at least one year prior to September 21, 1977 as a general manager shall be entitled to operate for up to one year from such date before being required to qualify under this section. In order to qualify, such person shall, through testing procedures developed by the director, show that such person has a knowledge of this law, pertinent labor laws, and laws against discrimination in employment in this state and of the United States. Said examination shall be given at least once each quarter and a fee for such examination shall be established by the director. Nothing in this chapter shall be construed to preclude any one natural person from being designated as the person who is to have the general management of up to three offices operated by any one licensee.

      While employment directories may at the director's discretion be required to show that the person has a knowledge of this chapter, employment directories are exempt from testing on pertinent labor laws, and laws against discrimination in employment in this state and of the United States.

      (5) Employment directories shall register with the department and meet all applicable requirements of this chapter but shall not be required to be licensed by the department or pay a licensing fee.

      Sec. 5. RCW 19.31.150 and 1969 ex.s. c 228 s 15 are each amended to read as follows:

      (1) Except as otherwise provided in subsections (2) and (3) of this section, no employment agency shall charge or accept a fee or other consideration from an applicant without complying with the terms of a written contract as specified in RCW 19.31.040, and then only after such agency has been responsible for referring such job applicant to an employer or such employer to a job applicant and where as a result thereof such job applicant has been employed by such employer.

      (2) Employment listing services may charge or accept a fee when they provide the applicant with the job listing or the referral.

      (3) An employment directory may charge or accept a fee when it provides the applicant with the directory.

      Sec. 6. RCW 19.31.170 and 1977 ex.s. c 51 s 7 are each amended to read as follows:

      (1) If an applicant accepts employment by agreement with an employer and thereafter never reports for work, the gross fee charged to the applicant shall not exceed: (a) Ten percent of what the first month's gross salary or wages would be, if known; or (b) ten percent of the first month's drawing account. If the employment was to have been on a commission basis without any drawing account, then no fee may be charged in the event that the applicant never reports for work.

      (2) If an applicant accepts employment on a commission basis without any drawing account, then the gross fee charged such applicant shall be a percentage of commissions actually earned.

      (3) If an applicant accepts employment and if within sixty days of his reporting for work the employment is terminated, then the gross fee charged such applicant shall not exceed twenty percent of the gross salary, wages or commission received by him.

      (4) If an applicant accepts temporary employment as a domestic, household employee, baby sitter, agricultural worker, or day laborer, then the gross fee charged such applicant shall not be in excess of twenty-five percent of the first full month's gross salary or wages: PROVIDED, That where an applicant accepts employment as a domestic or household employee for a period of less than one month, then the gross fee charged such applicant shall not exceed twenty-five percent of the gross salary or wages paid.

      (5) Any applicant requesting a refund of a fee paid to an employment agency in accordance with the terms of the approved fee schedule of the employment agency pursuant to this section shall file with the employment agency a form requesting such refund on which shall be set forth information reasonably needed and requested by the employment agency, including but not limited to the following: Circumstances under which employment was terminated, dates of employment, and gross earnings of the applicant.

      (6) Refund requests which are not in dispute shall be made by the employment agency within thirty days of receipt.

      (7) Subsections (1) through (6) of this section do not apply to employment listing services or employment directories.

      Sec. 7. RCW 19.31.190 and 1977 ex.s. c 51 s 8 are each amended to read as follows:

      In addition to the other provisions of this chapter the following rules shall govern each and every employment agency:

      (1) Every license or a verified copy thereof shall be displayed in a conspicuous place in each office of the employment agency;

      (2) No fee shall be solicited or accepted as an application or registration fee by any employment agency solely for the purpose of being registered as an applicant for employment;

      (3) No licensee or agent of the licensee shall solicit, persuade, or induce an employee to leave any employment in which the licensee or agent of the licensee has placed the employee; nor shall any licensee or agent of the licensee persuade or induce or solicit any employer to discharge any employee;

      (4) No employment agency shall knowingly cause to be printed or published a false or fraudulent notice or advertisement for obtaining work or employment. All advertising by a licensee shall signify that it is an employment agency solicitation except an employment listing service shall advertise it is an employment listing service;

      (5) An employment directory shall include the following on all advertisements:

      "Directory provides information on possible employers and general employment information but does not list actual job openings.";

      (6) No licensee shall fail to state in any advertisement, proposal or contract for employment that there is a strike or lockout at the place of proposed employment, if he has knowledge that such condition exists;

      (((6))) (7) No licensee or agent of a licensee shall directly or indirectly split, divide, or share with an employer any fee, charge, or compensation received from any applicant who has obtained employment with such employer or with any other person connected with the business of such employer;

      (((7))) (8) When an applicant is referred to the same employer by two licensees, the fee shall be paid to the licensee who first contacted the applicant concerning the position for that applicant: PROVIDED, That the licensee has given the name of the employer to the applicant and has within five working days arranged an interview with the employer and the applicant was hired as the result of that interview;

      (((8))) (9) No licensee shall require in any manner that a potential employee or an employee of an employer make any contract with any lending agency for the purpose of fulfilling a financial obligation to the licensee;

      (((9))) (10) All job listings must be bona fide job listings. To qualify as a bona fide job listing the following conditions must be met:

      (a) A bona fide job listing must be obtained from a representative of the employer that reflects an actual current job opening;

      (b) A representative of the employer must be aware of the fact that the job listing will be made available to applicants by the employment listing service and that applicants will be applying for the job listing;

      (c) All job listings and referrals must be current. To qualify as a current job listing the employment listing service shall contact the employer and verify the availability of the job listing no less than once per week;

      (11) All listings for employers listed in employment directories shall be current. To qualify as a current employer, the employment directory must contact the employer at least once per month and verify that the employer is currently hiring;

      (12) Any aggrieved person, firm, corporation, or public officer may submit a written complaint to the director charging the holder of an employment agency license with violation of this chapter and/or the rules and regulations adopted pursuant to this chapter.

      Sec. 8. RCW 19.31.245 and 1990 c 70 s 2 are each amended to read as follows:

      (1) No employment agency may bring or maintain a cause of action in any court of this state for compensation for, or seeking equitable relief in regard to, services rendered employers and applicants, unless such agency shall allege and prove that at the time of rendering the services in question, or making the contract therefor, it was the holder of a valid license issued under this chapter.

      (2) Any person who shall give consideration of any kind to any employment agency for the performance of employment services in this state when said employment agency shall not be the holder of a valid license issued under this chapter shall have a cause of action against the employment agency. Any court having jurisdiction may enter judgment therein for treble the amount of such consideration so paid, plus reasonable attorney's fees and costs.

      (3) A person performing the services of an employment agency ((or)), employment listing ((or employment referral)) service, or employment directory without holding a valid license shall cease operations or immediately apply for ((and obtain)) a valid license. If the person continues to operate in violation of this chapter the director or the attorney general has a cause of action in any court having jurisdiction for the return of any consideration paid by any person to the agency. The court may enter judgment in the action for treble the amount of the consideration so paid, plus reasonable attorney's fees and costs."


     On motion of Senator Moore, the following amendments to the Committee on Labor and Commerce striking amendment were considered simultaneously and were adopted:

     On page 11, line 9 of the amendment, after "was" insert "registered with the department or"

     On page 11, line 13 of the amendment, after "not be" insert "registered with the department or be"

     On page 11, line 20 of the amendment, after "without" insert "being registered with the department or"

     On page 11, line 21 of the amendment, after "license" insert "or register with the department"

     The President declared the question before the Senate to be the adoption of the Committee on Labor and Commerce striking amendment, as amended, to Engrossed Substitute House Bill No. 1496.

     The Committee on Labor and Commerce striking amendment, as amended, to Engrossed Substitute House Bill No. 1496, was adopted.


MOTIONS


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

     On page 1, line 1 of the title, after "agencies;" strike the remainder of the title and insert "and amending RCW 19.31.020, 19.31.030, 19.31.040, 19.31.100, 19.31.150, 19.31.170, 19.31.190, and 19.31.245."

     On motion of Senator Moore, the rules were suspended, Engrossed Substitute House Bill No. 1496, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


     Senator Amondson: "Senator Moore, do you know if this would relate or affect any of the state agencies listing jobs?"

     Senator Moore: "I suppose if they were published in this pamphlet that it probably would indicate that there was a job available or I would not think they would be ineligible for it."

     Senator Amondson: "Thank you."

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1496, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1496, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

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

     Absent: Senator McDonald - 1.

     Excused: Senators Cantu, Moyer, Niemi and Talmadge - 4.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1496, 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 1006, by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Zellinsky, Brumsickle, Dorn, R. Meyers, Miller, Scott, Sheldon, Wineberry, Ogden, Wood, Schmidt, Ballasiotes, Forner, Cooke, Talcott, Chandler, Leonard, Jacobsen, Eide, Horn and Pruitt)

 

Enabling public-private transportation initiatives.


     The bill was read the second time.


MOTIONS


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

     On page 3, line 10, after "provisions:" strike "RCW 39.12.030" and insert "Chapter 39.12 RCW"


     On motion of Senator Vognild, the rules were suspended, Substitute House Bill No. 1006, 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 Substitute House Bill No. 1006, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1006, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

     Excused: Senators Cantu, Moyer, Niemi and Talmadge - 4.

     SUBSTITUTE HOUSE BILL NO. 1006, 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 SUBSTITUTE HOUSE BILL NO. 1820, by House Committee on Education (originally sponsored by Representatives Dorn, Brough, Brumsickle, Heavey, Vance, Mastin, R. Meyers, Jones, Peery, Cothern, Campbell, Orr, Holm, Carlson, Springer, Stevens, Jacobsen, Thomas, Pruitt, Foreman, Finkbeiner, Lemmon, Leonard, Rayburn, Riley, Patterson, Conway, King, Johanson, Roland, Tate, Karahalios, Mielke, Eide, Wolfe, Romero, Edmondson, Morris, Shin, G. Fisher, Horn, L. Johnson, Thibaudeau, Kremen, Basich, Miller, J. Kohl, H. Myers, Long, Cooke, Fuhrman, Van Luven, Talcott, Forner, Ballasiotes, Hansen, Kessler, Silver and Wood)

 

Creating the school-to-work transitions program.


     The bill was read the second time.


MOTION


     On motion of Senator Pelz, the rules were suspended, Engrossed Substitute House Bill No. 1820 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 House Bill No. 1820.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1820 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

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

     Absent: Senator Skratek - 1.

     Excused: Senators Cantu, Moyer, Niemi and Talmadge - 4.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1820, 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. 1168, by Representatives King, Chappell, Basich, Orr, Fuhrman, Flemming, Springer and Wood

 

Leasing beds of tidal waters.


     The bill was read the second time.


MOTIONS


     Senator Owen moved that the following Committee on Natural Resources amendment be adopted:

     Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 79.96.010 and 1982 1st ex.s. c 21 s 134 are each amended to read as follows:

      The beds of all navigable tidal waters in the state lying below extreme low tide, except as prohibited by section 1, Article XV, of the Washington state Constitution shall be subject to lease for the purposes of planting and cultivating oyster beds, or for the purpose of cultivating clams or other edible shellfish, or for other aquaculture use, for periods not to exceed ((ten)) thirty years.

      ((Where the lands are used for the cultivation and harvesting of oysters, the parcels leased shall not exceed forty acres.

      Where the lands are used for the cultivation and harvesting of clams or other aquaculture use, the department of natural resources may, in its discretion, grant leases for larger parcels.))

      Nothing in this section shall prevent any person from leasing more than one parcel, as offered by the department.

      Sec. 2. RCW 79.96.050 and 1982 1st ex.s. c 21 s 138 are each amended to read as follows:

      The department of natural resources may, upon the filing of an application for a renewal lease, cause the tidelands or beds of navigable waters to be inspected, and if he deem[s] it in the best interests of the state to re-lease said lands, he shall issue to the applicant a renewal lease for such further period not exceeding ((ten)) thirty years and under such terms and conditions as may be determined by the department: PROVIDED, That in the case of an application for a renewal lease it shall not be necessary for the lands to be inspected and reported upon by the director of fisheries."


     Senator Haugen moved that the following amendment by Senators Haugen and Spanel to the Committee on Natural Resources striking amendment be adopted:

     On page 1, line 14 of the amendment, after "years." insert "Aquatic net pen leases shall not exceed fifteen years."

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendment by Senators Haugen and Spanel on page 1, line 14, to the Committee on Natural Resources striking amendment to House Bill No. 1168.

     The motion by Senator Haugen failed and the amendment to the committee amendment was not adopted.

     The President declared the question before the Senate to be the adoption of the Committee on Natural Resources striking amendment to House Bill No. 1168.

     Debate ensued.

     The Committee on Natural Resource striking amendment to House Bill No. 1168 was adopted.


MOTIONS


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

     On page 1, line 1 of the title, after "waters;" strike the remainder of the title and insert "and amending RCW 79.96.010 and 79.96.050."


     On motion of Senator Owen, the rules were suspended, House Bill No. 1168, 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 House Bill No. 1168, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1168 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 4; Absent, 1; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Sutherland, Vognild, von Reichbauer, West, Williams and Winsley - 40.

     Voting nay: Senators Haugen, Rasmussen, M., Spanel and Wojahn - 4.

     Absent: Senator Skratek - 1.

     Excused: Senators Cantu, Moyer, Niemi and Talmadge - 4.

     HOUSE BILL NO. 1168, 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.


     There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 1760 and the pending amendment by Senators Hochstatter, Vognild, Bauer, Owen, McCaslin and Hargrove on page 17, after line 13, deferred on second reading earlier today.


RULING BY THE PRESIDENT


     President Pritchard: "In ruling upon the point of order raised by Senator Spanel, the President finds that Engrossed Substitute House Bill No. 1760 is a measure which allows use of wage assignments for collection of spousal maintenance regardless of whether child support is also ordered, clarifies court jurisdiction and venue in actions related to support and maintenance, and allows certain medical expenses to be collected through wage assignment orders.

     "The amendment by Senators Hochstatter, Vognild, Bauer, Owen, McCaslin and Hargrove would provide that child support for children over eighteen years of age for postsecondary education is not mandated and will not be a factor in determining an appropriate child support schedule.

     "The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."


     The amendment by Senators Hochstatter, Vognild, Bauer, Owen, McCaslin and Hargrove on page 17, after line 13, to Engrossed Substitute House Bill No. 1760 was ruled out of order.


MOTION


     On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute House Bill No. 1760 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 House Bill No. 1760.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1760 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 2; Absent, 1; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.

     Voting nay: Senators Hargrove and Owen - 2.

     Absent: Senator Skratek - 1.

     Excused: Senators Cantu, Moyer, Niemi and Talmadge - 4.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1760, 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. 1713, by Representatives Bray, R. Fisher, Grant and Mastin

 

Revising vehicular window tinting labels.


     The bill was read the second time.


MOTION


     On motion of Senator Vognild, the rules were suspended, House Bill No. 1713 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. 1713.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1713 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 6; Absent, 1; Excused, 4.

     Voting yea: Senators Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 38.

     Voting nay: Senators Amondson, Barr, Hochstatter, Nelson, Sellar and West - 6.

     Absent: Senator Skratek - 1.

     Excused: Senators Cantu, Moyer, Niemi and Talmadge - 4.

     HOUSE BILL NO. 1713, 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 Oke, Senator McDonald was excused.

     On motion of Senator Jesernig, Senator Skratek was excused.


SECOND READING


     HOUSE BILL NO. 1328, by Representatives Heavey, Riley and King

 

Setting the minimum rate of compensation for certain salespeople.


     The bill was read the second time.


MOTION


     On motion of Senator Moore, the rules were suspended, House Bill No. 1328 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. 1328.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1328 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams, Winsley and Wojahn - 42.

     Absent: Senator Vognild - 1.

     Excused: Senators Cantu, McDonald, Moyer, Niemi, Skratek and Talmadge - 6.

     HOUSE BILL NO. 1328, 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.


     President Pro Tempore Wojahn assumed the Chair.


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1733, by House Committee on State Government (originally sponsored by Representatives Linville, Reams, Brumsickle, Anderson, Pruitt, Kremen, Wolfe, Sommers, Ballard, Peery, Jones, King, Basich, Roland, G. Fisher, L. Johnson, Romero, Lemmon, Ogden, Karahalios, Eide and H. Myers) (by request of Productivity Board)

 

Clarifying productivity awards programs.


     The bill was read the second time.


MOTIONS


     On motion of Senator Drew, the following Committee on Government Operations amendment was adopted:

     Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 41.60.010 and 1987 c 387 s 1 are each amended to read as follows:

      As used in this chapter:

      (1) "Board" means the productivity board.

      (2) "Employee suggestion program" means the program developed by the board under RCW 41.60.020.

      (3) "Teamwork incentive program" means the program developed by the board under RCW 41.60.100 through 41.60.120.

      (4) "State employees" means present employees in state agencies and institutions of higher education except for elected officials, directors of such agencies and institutions, and their confidential secretaries and administrative assistants and others specifically ruled ineligible by the rules of the productivity board.

      Sec. 2. RCW 41.60.015 and 1987 c 387 s 2 are each amended to read as follows:

      (1) There is hereby created the productivity board. The board shall administer the employee suggestion program and the teamwork incentive program under this chapter ((and shall review applications for teamwork incentive pay for state employees under RCW 41.60.100, 41.60.110, and 41.60.120)).

      (2) The board shall be composed of:

      (a) The secretary of state who shall act as chairperson;

      (b) The director of personnel appointed under the provisions of RCW 41.06.130 or the director's designee;

      (c) The director of financial management or the director's designee;

      (d) The personnel director appointed under the provisions of RCW 28B.16.060 or the director's designee;

      (e) The director of general administration or the director's designee;

      (f) Three persons with experience in administering incentives such as those used by industry, with the governor, lieutenant governor, and speaker of the house of representatives each appointing one person. The governor's appointee shall be a representative of an employee organization certified as an exclusive representative of at least one bargaining unit of classified employees, but no one organization may be represented for two consecutive terms;

      (g) One person representing state agencies and institutions with employees subject to chapter 41.06 RCW, and one person representing those subject to chapter 28B.16 RCW, both to be appointed by the governor; and

      (h) In addition, the governor and board chairperson may jointly appoint persons to the board on an ad hoc basis. Ad hoc members shall serve in an advisory capacity and shall not have the right to vote.

      Members under subsection (2) (f) and (g) of this section shall be appointed to serve three-year terms.

      Members of the board appointed pursuant to subsection (2)(f) of this section may be compensated in accordance with RCW 43.03.240. Any board member who is not a state employee may be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

      Sec. 3. RCW 41.60.020 and 1982 c 167 s 7 are each amended to read as follows:

      (1) The board shall formulate, establish, and maintain an employee suggestion program to encourage and reward meritorious suggestions by state employees that will promote efficiency and economy in the performance of any function of state government: PROVIDED, That the program shall include provisions for the processing of suggestions having multi-agency impact and post-implementation auditing of suggestions for fiscal accountability.

      (2) The board shall prepare, at least annually, a topical list of all the productivity awards granted and disseminate this information to all the state government agencies that may be able to adapt them to their procedures.

      (3) The board shall adopt rules and regulations necessary or appropriate for the proper administration and for the accomplishment of the purposes of this chapter.

      Sec. 4. RCW 41.60.100 and 1989 c 56 s 2 are each amended to read as follows:

      With the exception of agencies of the legislative and judicial branches, any organizational unit composed of employees in any agency or group of agencies of state government ((having an identifiable budget or having its financial records maintained according to an accounting system which identifies the expenditures and receipts properly attributable to that unit)) with the ability to identify costs, revenues, or both may apply to the board ((for selection as a candidate for the award of)) to participate in the teamwork incentive ((pay to its employees)) program. The application shall ((be submitted prior to the beginning of any year and shall)) have the approval of the heads of the agency or agencies within which the unit is located.

      Applications shall be in the form specified by the board and contain such information as the board requires. This may include, but is not limited to, quantitative measures which establish a data base of program output or performance expectations, or both. This data base is used to evaluate savings in accordance with RCW 41.60.110(1).

      The board shall evaluate the applications submitted. From those proposals which are considered to be reasonable and practical and which are found to include developed performance indicators which lend themselves to a judgment of success or failure, the board shall select the units to participate in the teamwork incentive ((pay)) program.

      Sec. 5. RCW 41.60.110 and 1989 c 56 s 3 are each amended to read as follows:

      (1) To qualify for ((the award of)) a teamwork incentive ((pay to)) program award for its employees, a unit selected shall demonstrate to the satisfaction of the board that it has operated during the ((year)) period of participation at a lower cost or with an increase in revenue with ((either an increase in the level of services rendered or with)) no decrease in the level of services rendered.

      (a) A unit completing its ((first year)) period of participation shall compare costs or revenues during that ((year)) period of participation to (i) the ((fiscal year)) expenditures or revenues for ((the year)) a comparable span of time immediately preceding the first ((year)) period of participation, or (ii) an average derived from the unit's historical data, or (iii) engineered standards used in conjunction with an average derived from the unit's historical data, or (iv) anticipated revenue as based on statistical projections or historical data;

      (b) A unit participating in the teamwork incentive ((pay)) program for two or more consecutive ((years)) times may choose to compare its costs during the current ((year)) period of participation with (i) its costs or revenues for the immediately preceding ((year)) period, or (ii) ((a yearly)) an average of its costs or revenues for the preceding two or three ((years)) comparable spans of time in the teamwork incentive program;

      (c) For the purposes of (a) of this subsection, a unit's historical data shall be restricted to data generated during the period of three years or less immediately preceding the unit's first ((year of)) participation in the teamwork incentive ((pay)) program; and

      (d) For the purposes of (b) of this subsection, a unit's costs or revenues for preceding ((years)) periods of time may include the costs or revenues calculated under (a) (i), (ii), or (iii) of this subsection for ((years)) the periods of time the unit participated in the teamwork incentive ((pay)) program.

      (2) The board shall satisfy itself from documentation submitted by the organizational unit that the claimed cost of operation or level of higher revenue is real and not merely apparent and that it is not, in whole or in part, the result of:

      (a) Chance;

      (b) A lowering of the quality of the service rendered;

      (c) Nonrecurrence of expenditures which were single outlay, or one-time expenditures, in the preceding ((year)) comparable period of time;

      (d) Stockpiling inventories in the immediately preceding ((year)) period so as to reduce requirements in the eligible ((year)) time period;

      (e) Substitution of federal funds, other receipts, or nonstate funds for programs currently receiving state appropriations;

      (f) Unreasonable postponement of payments of accounts payable until the ((year)) period immediately following the eligible ((year)) period of participation;

      (g) Shifting of expenses to another unit of government; or

      (h) Any other practice, event, or device which the board decides has caused a distortion which makes it falsely appear that a savings or increase in revenue gains or an increase in level of services has occurred.

      (3) The board shall consider as legitimate ((savings)) efficiencies those reductions in expenditures or increases in revenue made possible by such items as the following:

      (a) Reductions in overtime;

      (b) Elimination of consultant fees;

      (c) Less temporary help;

      (d) Improved systems and procedures;

      (e) Better deployment and utilization of personnel;

      (f) Elimination of unnecessary travel;

      (g) Elimination of unnecessary printing and mailing;

      (h) Elimination of unnecessary payments for items such as advertising;

      (i) Elimination of waste, duplication, and operations of doubtful value;

      (j) Improved space utilization; ((and))

      (k) Improved methods of collecting revenue or recovering money owed to the state; and

      (l) Any other items determined by the board to represent cost savings or increased revenue.

      Sec. 6. RCW 41.60.120 and 1989 c 56 s 4 are each amended to read as follows:

      At the conclusion of the eligible ((year)) period, the board shall compare the expenditures or revenues for that ((year)) period of each unit selected against the expenditures or revenues of that unit for the immediately preceding ((year)) period or expenditures or revenues determined in accordance with RCW 41.60.110(1) (a) and (b) and, after making such adjustments as in the board's judgment are required to eliminate distortions, shall determine the amount, if any, that the unit has reduced the unit's cost of operations or increased its level of services or generated additional revenues to the state in the eligible ((year)) period. Adjustments to eliminate distortions may include any legislative increases in employee compensation and inflationary increases in the cost of services, materials, and supplies. Adjustments to additional revenue may include changes in client populations and the effects of legal changes. If the board also determines that ((in the board's judgment)) a unit qualifies for an award, the board shall award to the employees of that unit a sum ((equal)) up to twenty-five percent of the amount determined to be the savings or revenue increases to the state for the level of services rendered. The amount awarded shall be divided and distributed in ((equal shares)) accordance with board rules to the employees of the unit, except that employees who worked for that unit less than the ((twelve months of the year)) full period during which the unit conducted a teamwork incentive program shall receive only a pro rata share based on the fraction of the ((year)) period worked for that unit. No individual share of the unit award may exceed the maximum award established by rule adopted by the board. Funds for this teamwork incentive ((pay)) award shall be drawn from the ((agency)) agencies in which the unit is located or from the benefiting fund or account without appropriation when additional revenue is generated to the fund or account.

      Awards may be paid to teams for process changes which generate new or additional money for the general fund or any other funds of the state. The director of the office of financial management shall distribute moneys appropriated for this purpose with the concurrence of the productivity board. Transfers shall be made from other funds of the state to the general fund in amounts equal to award payments made by the general fund, for innovations generating new or additional money for those other funds.

      Sec. 7. RCW 41.60.160 and 1987 c 387 s 8 are each amended to read as follows:

      No award may be made under this chapter to any elected state official or state agency director. ((No monetary award may be made to persons exempt from the state civil service law under RCW 41.06.070 (5) or (9).))

      NEW SECTION. Sec. 8. 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 July 1, 1993."


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

     On line 1 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 41.60.010, 41.60.015, 41.60.020, 41.60.100, 41.60.110, 41.60.120, and 41.60.160; providing an effective date; and declaring an emergency."


MOTION


     On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 1733, 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 Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1733, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1733, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

     Excused: Senators Cantu, Moyer, Niemi, Skratek and Talmadge - 5.

     SUBSTITUTE HOUSE BILL NO. 1733, 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 SUBSTITUTE HOUSE BILL NO. 1127, by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Brumsickle, Brown, Horn, Long, Quall, Carlson and Johanson) (by request of Washington State Patrol)

 

Controlling vehicle tax or license fee evasion.


     The bill was read the second time.


MOTIONS


     On motion of Senator Vognild, the following Committee on Transportation amendment was adopted:

     On page 4, line 32, after "state" strike "or foreign country"


     On motion of Senator Vognild, the rules were suspended, Engrossed Substitute House Bill No. 1127, 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 Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1127, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1127, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.

     Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.

     Voting nay: Senator Barr - 1.

     Excused: Senators Cantu, Moyer, Niemi, Skratek and Talmadge - 5.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1127, 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


     HOUSE BILL NO. 1773, by Representatives Pruitt and R. Meyers

 

Adding certain miniature models to boiler regulation exemptions.


     The bill was read the second time.


MOTION


     On motion of Senator Vognild, the rules were suspended, House Bill No. 1773 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.


MOTION


     On motion of Senator Spanel, Senator Vognild was excused.

     The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1773.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1773 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

     Excused: Senators Cantu, Moyer, Niemi, Talmadge and Vognild - 5.

     HOUSE BILL NO. 1773, 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. 1509, by House Committee on Appropriations (originally sponsored by Representatives Locke, Sommers, Silver, Jacobsen, Ludwig and Bray)

 

Increasing flexibility of institutions of higher education.


     The bill was read the second time.


MOTION


     On motion of Senator Bauer, the following Committee on Higher Education amendment was not adopted:

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature acknowledges the academic freedom of institutions of higher education, and seeks to improve their efficiency and effectiveness in carrying out their missions. By this act, the legislature intends to increase the flexibility of institutions of higher education to manage personnel, construction, purchasing, printing, and tuition.


PART I

PURCHASING, PRINTING, AND CONSTRUCTION AUTHORITY


      NEW SECTION. Sec. 101. A new section is added to chapter 28B.10 RCW to read as follows:

      (1) An institution of higher education may exercise independently those powers otherwise granted to the director of general administration in chapter 43.19 RCW in connection with the purchase and disposition of all material, supplies, services, and equipment needed for the support, maintenance, and use of the respective institution of higher education. Property disposition policies followed by institutions of higher education shall be consistent with policies followed by the department of general administration. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapters 39.19, 39.29, and 43.03 RCW, and RCW 43.19.1901, 43.19.1906, 43.19.1911, 43.19.1917, 43.19.1937, 43.19.534, 43.19.685, 43.19.700 through 43.19.704, and 43.19.550 through 43.19.637. The community and technical colleges shall comply with RCW 43.19.450. Except for the University of Washington, institutions of higher education shall comply with RCW 43.19.1935, 43.19.19363, and 43.19.19368. If an institution of higher education can satisfactorily demonstrate to the director of the office of financial management that the cost of compliance is greater than the value of benefits from any of the following statutes, then it shall be exempt from them: RCW 43.19.685; 43.19.534; and 43.19.637. Any institution of higher education that chooses to exercise independent purchasing authority for a commodity or group of commodities shall notify the director of general administration. Thereafter the director of general administration shall not be required to provide those services for that institution for the duration of the general administration contract term for that commodity or group of commodities.

      (2) An institution of higher education may exercise independently those powers otherwise granted to the public printer in chapter 43.78 RCW in connection with the production or purchase of any printing and binding needed by the respective institution of higher education. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapter 39.19 RCW. Any institution of higher education that chooses to exercise independent printing production or purchasing authority shall notify the public printer. Thereafter the public printer shall not be required to provide those services for that institution.

      Sec. 102. RCW 43.19.190 and 1991 c 238 s 135 are each amended to read as follows:

      The director of general administration, through the state purchasing and material control director, shall:

      (1) Establish and staff such administrative organizational units within the division of purchasing as may be necessary for effective administration of the provisions of RCW 43.19.190 through 43.19.1939;

      (2) Purchase all material, supplies, services, and equipment needed for the support, maintenance, and use of all state institutions, colleges, community colleges, technical colleges, college districts, and universities, the offices of the elective state officers, the supreme court, the court of appeals, the administrative and other departments of state government, and the offices of all appointive officers of the state: PROVIDED, That the provisions of RCW 43.19.190 through 43.19.1937 do not apply in any manner to the operation of the state legislature except as requested by said legislature: PROVIDED, That primary authority for the purchase of specialized equipment, instructional, and research material for their own use shall rest with the colleges, community colleges, and universities: PROVIDED FURTHER, That universities operating hospitals and the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, may make purchases for hospital operation by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital ((service)) group purchasing organizations ((as defined in section 501(e) of the Internal Revenue Code, or its successor)): PROVIDED FURTHER, That primary authority for the purchase of materials, supplies, and equipment for resale to other than public agencies shall rest with the state agency concerned: PROVIDED FURTHER, That authority to purchase services as included herein does not apply to personal services as defined in chapter 39.29 RCW, unless such organization specifically requests assistance from the division of purchasing in obtaining personal services and resources are available within the division to provide such assistance: PROVIDED FURTHER, That the authority for the purchase of insurance and bonds shall rest with the risk manager under RCW 43.19.1935 ((as now or hereafter amended)): PROVIDED FURTHER, That, except for the authority of the risk manager to purchase insurance and bonds, the director is not required to provide purchasing services for institutions of higher education that choose to exercise independent purchasing authority under section 101 of this act;

      (3) Provide the required staff assistance for the state supply management advisory board through the division of purchasing;

      (4) Have authority to delegate to state agencies authorization to purchase or sell, which authorization shall specify restrictions as to dollar amount or to specific types of material, equipment, services, and supplies: PROVIDED, That acceptance of the purchasing authorization by a state agency does not relieve such agency from conformance with other sections of RCW 43.19.190 through 43.19.1939, ((as now or hereafter amended,)) or from policies established by the director after consultation with the state supply management advisory board: PROVIDED FURTHER, That delegation of such authorization to a state agency, including an educational institution to which this section applies, to purchase or sell material, equipment, services, and supplies shall not be granted, or otherwise continued under a previous authorization, if such agency is not in substantial compliance with overall state purchasing and material control policies as established herein;

      (5) Contract for the testing of material, supplies, and equipment with public and private agencies as necessary and advisable to protect the interests of the state;

      (6) Prescribe the manner of inspecting all deliveries of supplies, materials, and equipment purchased through the division;

      (7) Prescribe the manner in which supplies, materials, and equipment purchased through the division shall be delivered, stored, and distributed;

      (8) Provide for the maintenance of a catalogue library, manufacturers' and wholesalers' lists, and current market information;

      (9) Provide for a commodity classification system and may, in addition, provide for the adoption of standard specifications after receiving the recommendation of the supply management advisory board;

      (10) Provide for the maintenance of inventory records of supplies, materials, and other property;

      (11) Prepare rules and regulations governing the relationship and procedures between the division of purchasing and state agencies and vendors;

      (12) Publish procedures and guidelines for compliance by all state agencies, including those educational institutions to which this section applies, which implement overall state purchasing and material control policies;

      (13) Conduct periodic visits to state agencies, including those educational institutions to which this section applies, to determine if statutory provisions and supporting purchasing and material control policies are being fully implemented, and based upon such visits, take corrective action to achieve compliance with established purchasing and material control policies under existing statutes when required.

      Sec. 103. RCW 43.19.1906 and 1992 c 85 s 1 are each amended to read as follows:

      Insofar as practicable, all purchases and sales shall be based on competitive bids, and a formal sealed bid procedure shall be used as standard procedure for all purchases and contracts for purchases and sales executed by the state purchasing and material control director and under the powers granted by RCW 43.19.190 through 43.19.1939((, as now or hereafter amended)). This requirement also applies to purchases and contracts for purchases and sales executed by agencies, including educational institutions, under delegated authority granted in accordance with provisions of RCW 43.19.190 ((as now or hereafter amended)) or under section 101 of this act. However, formal sealed bidding is not necessary for:

      (1) Emergency purchases made pursuant to RCW 43.19.200 if the sealed bidding procedure would prevent or hinder the emergency from being met appropriately;

      (2) Purchases not exceeding five thousand dollars, or subsequent limits as calculated by the office of financial management: PROVIDED, That the state director of general administration shall establish procedures to assure that purchases made by or on behalf of the various state agencies shall not be made so as to avoid the five thousand dollar bid limitation, or subsequent bid limitations as calculated by the office of financial management: PROVIDED FURTHER, That the state purchasing and material control director is authorized to reduce the formal sealed bid limits of five thousand dollars, or subsequent limits as calculated by the office of financial management, to a lower dollar amount for purchases by individual state agencies((, including purchases of specialized equipment, instructional, and research equipment and materials by colleges and universities,)) if considered necessary to maintain full disclosure of competitive procurement or otherwise to achieve overall state efficiency and economy in purchasing and material control. Quotations from four hundred dollars to five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be secured from enough vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. A record of competition for all such purchases from four hundred dollars to five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be documented for audit purposes on a standard state form approved by the forms management center under the provisions of RCW 43.19.510. Purchases up to four hundred dollars may be made without competitive bids based on buyer experience and knowledge of the market in achieving maximum quality at minimum cost: PROVIDED, That this four hundred dollar direct buy limit without competitive bids may be increased incrementally as required to a maximum of eight hundred dollars with the approval of at least ten of the members of the state supply management advisory board, if warranted by increases in purchasing costs due to inflationary trends;

      (3) Purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation;

      (4) Purchases of insurance and bonds by the risk management office under RCW 43.19.1935 ((as now or hereafter amended));

      (5) Purchases and contracts for vocational rehabilitation clients of the department of social and health services: PROVIDED, That this exemption is effective only when the state purchasing and material control director, after consultation with the director of the division of vocational rehabilitation and appropriate department of social and health services procurement personnel, declares that such purchases may be best executed through direct negotiation with one or more suppliers in order to expeditiously meet the special needs of the state's vocational rehabilitation clients;

      (6) Purchases by universities for hospital operation or biomedical teaching or research purposes and by the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, made by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital ((service)) group purchasing organizations ((as defined in section 501(e) of the Internal Revenue Code, or its successor));

      (7) Purchases by institutions of higher education not exceeding fifteen thousand dollars ((that are funded by research grant or contract funds, or other nonstate appropriated funds)): PROVIDED, That for purchases between two thousand five hundred dollars and fifteen thousand dollars quotations shall be secured from enough vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. A record of competition for all such purchases made from two thousand five hundred to fifteen thousand dollars shall be documented for audit purposes ((on a standard state form approved by the forms management center under provisions of RCW 43.19.510)); and

      (8) Beginning on July 1, ((1989)) 1995, and on July 1 of each succeeding odd-numbered year, the ((five thousand)) dollar limits specified in ((subsection (2) of)) this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars.

      Sec. 104. RCW 43.78.030 and 1988 c 102 s 1 are each amended to read as follows:

      The public printer shall print and bind the session laws, the journals of the two houses of the legislature, all bills, resolutions, documents, and other printing and binding of either the senate or house, as the same may be ordered by the legislature; and such forms, blanks, record books, and printing and binding of every description as may be ordered by all state officers, boards, commissions, and institutions, and the supreme court, and the court of appeals and officers thereof, as the same may be ordered on requisition, from time to time, by the proper authorities. This section shall not apply to the printing of the supreme court and the court of appeals reports, ((or)) to the printing of bond certificates or bond offering disclosure documents, or to any printing done or contracted for by institutions of higher education: PROVIDED, That institutions of higher education, in consultation with the public printer, develop vendor selection procedures comparable to those used by the public printer for contracted printing jobs. Where any institution or institution of higher learning of the state is or may become equipped with facilities for doing such work, it may do any printing: (1) For itself, or (2) for any other state institution when such printing is done as part of a course of study relative to the profession of printer. Any printing and binding of whatever description as may be needed by any ((institution of higher learning,)) institution or agency of the state department of social and health services not at Olympia, or the supreme court or the court of appeals or any officer thereof, the estimated cost of which shall not exceed one thousand dollars, may be done by any private printing company in the general vicinity within the state of Washington so ordering, if in the judgment of the officer of the agency so ordering, the saving in time and processing justifies the award to such local private printing concern. ((Further, where any printing or binding needed by an institution of higher education is to be paid for from research grant or contract funds, short course revenues, or other nonstate appropriated funding source, such printing or binding may be done by any private printing company in the state of Washington, irrespective of the dollar limit specified in this section, when in the judgment of the officer of the institution so ordering, the saving in time or cost justifies the award to such local private printing concern.))

      Beginning on July 1, 1989, and on July 1 of each succeeding odd-numbered year, the dollar limit specified in this section shall be adjusted as follows: The office of financial management shall calculate such limit by adjusting the previous biennium's limit by an appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest fifty dollars.

      NEW SECTION. Sec. 105. A new section is added to chapter 43.78 RCW to read as follows:

      The public printer may use the state printing plant for the purposes of printing or furnishing materials under RCW 43.78.100 if an interlocal agreement under chapter 39.34 RCW has been executed between an institution of higher education and the public printer.

      Sec. 106. RCW 43.78.100 and 1965 c 8 s 43.78.100 are each amended to read as follows:

      The public printer shall furnish all paper, stock, and binding materials required in all public work, and shall charge the same to the state, as it is actually used, at the actual price at which it was purchased plus five percent for waste, insurance, storage, and handling. This section does not apply to institutions of higher education.

      Sec. 107. RCW 43.78.110 and 1982 c 164 s 3 are each amended to read as follows:

      Whenever in the judgment of the public printer certain printing, ruling, binding, or supplies can be secured from private sources more economically than by doing the work or preparing the supplies in the state printing plant, ((he)) the public printer may obtain such work or supplies from such private sources. ((The public printer shall notify day training centers, group training homes, and sheltered workshops providing printing and related trade services under RCW 43.19.532 of the opportunity to bid on the provision of such work or supplies under this section.))

      In event any work or supplies are secured on behalf of the state under this section the state printing plant shall be entitled to add up to five percent to the cost thereof to cover the handling of the orders which shall be added to the bills and charged to the respective authorities ordering the work or supplies. The five percent handling charge shall not apply to contracts with institutions of higher education.

      Sec. 108. RCW 28B.50.330 and 1991 c 238 s 48 are each amended to read as follows:

      The boards of trustees of college districts are empowered in accordance with the provisions of this chapter to provide for the construction, reconstruction, erection, equipping, demolition, and major alterations of buildings and other capital assets, and the acquisition of sites, rights-of-way, easements, improvements, or appurtenances for the use of the aforementioned colleges as authorized by the college board in accordance with RCW 28B.50.140; to be financed by bonds payable out of special funds from revenues hereafter derived from income received from such facilities, gifts, bequests, or grants, and such additional funds as the legislature may provide, and payable out of a bond retirement fund to be established by the respective district boards in accordance with rules and regulations of the state board. With respect to building, improvements, or repairs, or other work, where the estimated cost exceeds ((fifteen)) twenty-five thousand dollars, complete plans and specifications for such work shall be prepared ((and such work shall be prepared)) and such work shall be put out for public bids and the contract shall be awarded to the lowest responsible bidder if in accordance with the bid specifications: PROVIDED, That when such building, construction, renovation, remodeling, or demolition involves one trade or craft area and the estimated cost exceeds ten thousand dollars, complete plans and specifications for such work shall be prepared and such work shall be put out for public bids, and the contract shall be awarded to the lowest responsible bidder if in accordance with the bid specifications. This subsection shall not apply when a contract is awarded by the small works procedure authorized in RCW 39.04.150: PROVIDED FURTHER, That any project regardless of dollar amount may be put to public bid.

      Where the estimated cost to any college of any building, improvements, or repairs, or other work, is less than ((five)) twenty-five thousand dollars, the publication requirements of RCW 39.04.020 ((and 39.04.070)) shall be inapplicable.

      Sec. 109. RCW 28B.10.350 and 1985 c 152 s 1 are each amended to read as follows:

      (1) When the cost to The Evergreen State College, any regional university, or state university, of any building, construction, renovation, remodeling, or demolition other than maintenance or repairs will equal or exceed the sum of twenty-five thousand dollars, complete plans and specifications for such work shall be prepared and such work shall be put out for public bids and the contract shall be awarded to the lowest responsible bidder if in accordance with the bid specifications: PROVIDED, That when the estimated cost of such building, construction, renovation, remodeling, or demolition equals or exceeds the sum of twenty-five thousand dollars, such project shall be deemed a public works and "the prevailing rate of wage," under chapter 39.12 RCW shall be applicable thereto: PROVIDED FURTHER, That when such building, construction, renovation, remodeling, or demolition involves one trade or craft area and the estimated cost exceeds ten thousand dollars, complete plans and specifications for such work shall be prepared and such work shall be put out for public bids, and the contract shall be awarded to the lowest responsible bidder if in accordance with the bid specifications. This subsection shall not apply when a contract is awarded by the small works procedure authorized in RCW 28B.10.355.

      (2) The Evergreen State College, any regional university, or state university may require a project to be put to public bid even when it is not required to do so under subsection (1) of this section.

      (3) Where the estimated cost to The Evergreen State College, any regional university, or state university of any building, construction, renovation, remodeling, or demolition is less than twenty-five thousand dollars or the contract is awarded by the small works procedure authorized in RCW 28B.10.355, the publication requirements of RCW 39.04.020 ((and 39.04.090)) shall be inapplicable.

      (4) In the event of any emergency when the public interest or property of The Evergreen State College, regional university, or state university would suffer material injury or damage by delay, the president of such college or university may declare the existence of such an emergency and reciting the facts constituting the same may waive the requirements of this section with reference to any contract in order to correct the condition causing the emergency: PROVIDED, That an "emergency," for the purposes of this section, means a condition likely to result in immediate physical injury to persons or to property of such college or university in the absence of prompt remedial action or a condition which immediately impairs the institution's ability to perform its educational obligations.

      Sec. 110. RCW 28B.10.355 and 1985 c 152 s 2 are each amended to read as follows:

      Each board of regents of the state universities and each board of trustees of the regional universities and The Evergreen State College may establish a small works roster. The small works roster authorized by this section may be used for any public works project for which the estimated cost is less than ((fifty)) one hundred thousand dollars. Each board shall adopt rules to implement this section.

      The roster shall be composed of all responsible contractors who have requested to be on the list. Each board shall establish a procedure for securing telephone or written quotations from the contractors on the small works roster to assure establishment of a competitive price and for awarding contracts to the lowest responsible bidder. This procedure shall require either that a good faith effort be made to request quotations from all contractors on the small works roster who have indicated the capability of performing the kind of public works being contracted or that the board shall solicit quotations from at least five contractors in a manner that will equitably distribute the opportunity among contractors on the roster. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection and available by telephone inquiry. Each board may adopt a procedure to prequalify contractors for inclusion on the small works roster. No board may be required to make available for public inspection or copying under chapter 42.17 RCW financial information required to be provided by the prequalification procedure.

      The small works roster shall be revised at least once each year by publishing notice of such opportunity in at least one newspaper of general circulation in the state. Responsible contractors shall be added to the list at any time they submit a written request.

      Sec. 111. RCW 39.04.020 and 1986 c 282 s 2 are each amended to read as follows:

      Whenever the state((,)) or any municipality shall determine that any public work is necessary to be done, it shall cause plans, specifications, or both thereof and an estimate of the cost of such work to be made and filed in the office of the director, supervisor, commissioner, trustee, board, or agency having by law the authority to require such work to be done. The plans, specifications, and estimates of cost shall be approved by the director, supervisor, commissioner, trustee, board, or agency and the original draft or a certified copy filed in such office before further action is taken.

      If the state((,)) or such municipality shall determine that it is necessary or advisable that such work shall be executed by any means or method other than by contract or by a small works roster process, and it shall appear by such estimate that the probable cost of executing such work will exceed the sum of fifteen thousand dollars or the amounts specified in RCW 28B.10.350 or 28B.10.355 for colleges and universities, or the amounts specified in RCW 28B.50.330 or 39.04.150 for community colleges and technical colleges, then the state or such municipality shall at least fifteen days before beginning work cause such estimate, together with a description of the work, to be published at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which such work is to be done: PROVIDED, That when any emergency shall require the immediate execution of such public work, upon a finding of the existence of such emergency by the authority having power to direct such public work to be done and duly entered of record, publication of description and estimate may be made within seven days after the commencement of the work.

      Sec. 112. RCW 39.04.150 and 1988 c 36 s 12 are each amended to read as follows:

      (1) As used in this section, "agency" means the department of general administration, the department of fisheries, the department of wildlife, and the state parks and recreation commission.

      (2) In addition to any other power or authority that an agency may have, each agency, alone or in concert, may establish a small works roster consisting of all qualified contractors who have requested to be included on the roster.

      (3) The small works roster may make distinctions between contractors based on the geographic areas served and the nature of the work the contractor is qualified to perform. At least once every year, the agency shall advertise in a newspaper of general circulation the existence of the small works roster and shall add to the roster those contractors who request to be included on the roster.

      (4) Construction, repair, or alteration projects estimated to cost less than fifty thousand dollars, or less than one hundred thousand dollars for projects managed by the department of general administration for community colleges and technical colleges, as defined under chapter 28B.50 RCW, are exempt from the requirement that the contracts be awarded after advertisement and competitive bid as defined by RCW 39.04.010. In lieu of advertisement and competitive bid, the agency shall solicit at least five quotations, confirmed in writing, from contractors chosen by random number generated by computer from the contractors on the small works roster for the category of job type involved and shall award the work to the party with the lowest quotation or reject all quotations. If the agency is unable to solicit quotations from five qualified contractors on the small works roster for a particular project, then the project shall be advertised and competitively bid. The agency shall solicit quotations randomly from contractors on the small works roster in a manner which will equitably distribute the opportunity for these contracts among contractors on the roster: PROVIDED, That whenever possible, the agency shall invite at least one proposal from a minority contractor who shall otherwise qualify to perform such work. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone request.

      (5) The breaking down of any public work or improvement into units or accomplishing any public work or improvement by phases for the purpose of avoiding the minimum dollar amount for bidding is contrary to public policy and is prohibited.

      (6) The director of general administration shall adopt by rule a procedure to prequalify contractors for inclusion on the small works roster. Each agency shall follow the procedure adopted by the director of general administration. No agency shall be required to make available for public inspection or copying under chapter 42.17 RCW financial information required to be provided by the prequalification procedure.

      (7) An agency may adopt by rule procedures to implement this section which shall not be inconsistent with the procedures adopted by the director of the department of general administration pursuant to subsection (6) of this section.


PART II

LOCAL TUITION AUTHORITY


      Sec. 201. RCW 28B.15.031 and 1987 c 15 s 2 are each amended to read as follows:

      The term "operating fees" as used in this chapter shall include the fees, other than building fees, charged all students registering at the state's colleges and universities but shall not include fees for short courses, self-supporting degree credit programs and courses, marine station work, experimental station work, correspondence or extension courses, and individual instruction and student deposits or rentals, disciplinary and library fines, which colleges and universities shall have the right to impose, laboratory, gymnasium, health, and student activity fees, or fees, charges, rentals, and other income derived from any or all revenue producing lands, buildings and facilities of the colleges or universities heretofore or hereafter acquired, constructed or installed, including but not limited to income from rooms, dormitories, dining rooms, hospitals, infirmaries, housing or student activity buildings, vehicular parking facilities, land, or the appurtenances thereon, or such other special fees as may be established by any college or university board of trustees or regents from time to time. All moneys received as operating fees at any institution of higher education shall be ((transmitted to the state treasurer within thirty-five days of receipt to be deposited in the state general fund)) deposited in a local account containing only operating fees revenue and related interest: PROVIDED, That two and one-half percent of ((moneys received as)) operating fees ((be exempt from such deposit and)) shall be retained by the institutions, except the technical colleges, for the purposes of RCW 28B.15.820((: PROVIDED FURTHER, That money received by institutions of higher education from the periodic payment plan authorized by RCW 28B.15.411 shall be transmitted to the state treasurer within five days following the close of registration of the appropriate quarter or semester)).

      Sec. 202. RCW 28B.15.202 and 1992 c 231 s 7 are each amended to read as follows:

      Tuition fees and maximum services and activities fees at the University of Washington and at Washington State University for other than the summer term shall be as follows:

      (1) For full time resident undergraduate students and all other full time resident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be thirty-three percent of the per student undergraduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (2) For full time resident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be twenty-three percent of the per student graduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (3) For full time resident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be one hundred sixty-seven percent of such fees charged in subsection (2) of this section: PROVIDED, That the building fees for each academic year shall be three hundred and forty-two dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (4) For full time nonresident undergraduate students and such other full time nonresident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, or doctor of veterinary medicine, the total tuition fees shall be one hundred percent of the per student undergraduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be three hundred and fifty-four dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (5) For full time nonresident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be sixty percent of the per student graduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be three hundred and fifty-four dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (6) For full time nonresident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be one hundred sixty-seven percent of such fees charged in subsection (5) of this section: PROVIDED, That the building fees for each academic year shall be five hundred and fifty-five dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (7) The governing boards of the state universities shall charge to and collect from each student, a services and activities fee. The governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in resident undergraduate tuition fees: PROVIDED, That such percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. The services and activities fee committee provided for in RCW 28B.15.045 may initiate a request to the governing board for a fee increase.

      Sec. 203. RCW 28B.15.402 and 1992 c 231 s 10 are each amended to read as follows:

      Tuition fees and maximum services and activities fees at the regional universities and The Evergreen State College for other than the summer term shall be as follows:

      (1) For full time resident undergraduate students and all other full time resident students not in graduate study programs, the total tuition fees shall be twenty-five percent of the per student undergraduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be seventy-six dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (2) For full time resident graduate students, the total tuition fees shall be twenty-three percent of the per student graduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be seventy-six dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (3) For full time nonresident undergraduate students and all other full time nonresident students not in graduate study programs, the total tuition fees shall be one hundred percent of the per student undergraduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be two hundred and ninety-five dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (4) For full time nonresident graduate students, the total tuition fees shall be seventy-five percent of the per student graduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be two hundred and ninety-five dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (5) The governing boards of each of the regional universities and The Evergreen State College shall charge to and collect from each student, a services and activities fee. The governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in resident undergraduate tuition fees: PROVIDED, That such percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. The services and activities fee committee provided for in RCW 28B.15.045 may initiate a request to the governing board for a fee increase.

      Sec. 204. RCW 28B.15.502 and 1992 c 231 s 11 are each amended to read as follows:

      Tuition fees and maximum services and activities fees at each community college for other than the summer term shall be set by the state board for community and technical colleges as follows:

      (1) For full time resident students, the total tuition fees shall be twenty-three percent of the per student educational costs at the community colleges computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty-seven dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (2) For full time nonresident students, the total tuition fees shall be one hundred percent of the per student educational costs at the community colleges computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be four hundred and three dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (3) The governing boards of each of the state community colleges shall charge to and collect from each student a services and activities fee. Each governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in resident student tuition fees: PROVIDED, That such percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. The services and activities fee committee provided for in RCW 28B.15.045 may initiate a request to the governing board for a fee increase.

      (4) Tuition and services and activities fees consistent with subsection (3) of this section shall be set by the state board for community and technical colleges for summer school students unless the community college charges fees in accordance with RCW 28B.15.515.

      Subject to the limitations of RCW 28B.15.910, each governing board may charge such fees for ungraded courses, noncredit courses, community services courses, and self-supporting courses as it, in its discretion, may determine, consistent with the rules and regulations of the state board for community and technical colleges.

      Before June 30, 1995, no individual waiver program under this section may be reduced by more than twice the percentage reduction required in operating fee foregone revenue from tuition waivers in the biennial state appropriations act.

      NEW SECTION. Sec. 205. A new section is added to chapter 28B.15 RCW to read as follows:

      It is the intent of the legislature that:

      In making appropriations from the state's general fund to institutions of higher education, each appropriation shall conform to the following:

      (1) The appropriation shall be reduced by the amount of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified in the omnibus biennial operating appropriations act and the estimated interest on operating fees revenue, minus obligations under RCW 28B.15.820 and 43.99I.040 and minus the amount of waived operating fees authorized under RCW 28B.15.910;

      (2) The appropriation shall not be reduced by the amount of operating fees revenue collected from students enrolled above the state-funded level, but within the over-enrollment limitations, specified in the omnibus biennial operating appropriations act; and

      (3) The general fund state appropriation shall not be reduced by the amount of operating fees revenue collected as a result of waiving less operating fees revenue than the amounts authorized under RCW 28B.15.910.

      NEW SECTION. Sec. 206. RCW 28B.15.824 and 1992 c 231 s 36 are each repealed.


PART III

EMPLOYMENT RELATIONS


      NEW SECTION. Sec. 301. A new section is added to chapter 41.56 RCW to read as follows:

      In addition to the entities listed in RCW 41.56.020, this chapter shall apply to institutions of higher education with respect to the employees classified under chapter 28B.16 RCW or covered by a bargaining agreement under section 304(3) of this act.

      Sec. 302. RCW 41.56.030 and 1992 c 36 s 2 and 1991 c 363 s 119 are each reenacted and amended to read as follows:

      As used in this chapter:

      (1) "Public employer" means any officer, board, commission, council, or other person or body acting on behalf of any public body governed by this chapter ((as designated by RCW 41.56.020)), or any subdivision of such public body. For the purposes of this section, the public employer of district court or superior court employees for wage-related matters is the respective county legislative authority, or person or body acting on behalf of the legislative authority, and the public employer for nonwage-related matters is the judge or judge's designee of the respective district court or superior court.

      (2) "Public employee" means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (d) who is a personal assistant to a district court judge, superior court judge, or court commissioner. For the purpose of (d) of this subsection, no more than one assistant for each judge or commissioner may be excluded from a bargaining unit.

      (3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers.

      (4) "Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter. In the case of the Washington state patrol, "collective bargaining" shall not include wages and wage-related matters.

      (5) "Commission" means the public employment relations commission.

      (6) "Executive director" means the executive director of the commission.

      (7) "Uniformed personnel" means (a) law enforcement officers as defined in RCW 41.26.030 as now or hereafter amended, of cities with a population of fifteen thousand or more or law enforcement officers employed by the governing body of any county with a population of seventy thousand or more, or (b) fire fighters as that term is defined in RCW 41.26.030, as now or hereafter amended.

      (8) "Institution of higher education" means the same as the definition in RCW 28B.10.016.

      Sec. 303. RCW 41.58.020 and 1975 1st ex.s. c 296 s 4 are each amended to read as follows:

      (1) It shall be the duty of the commission, in order to prevent or minimize interruptions growing out of labor disputes, to assist employers and employees to settle such disputes through mediation and fact-finding.

      (2) The commission, through the director, may proffer its services in any labor dispute ((involving a political subdivision, municipal corporation, or the community college system of the state)) arising under a collective bargaining statute administered by the commission, either upon its own motion or upon the request of one or more of the parties to the dispute, whenever in its judgment such dispute threatens to cause a substantial disruption to the public welfare.

      (3) If the director is not able to bring the parties to agreement by mediation within a reasonable time, he shall seek to induce the parties to voluntarily seek other means of settling the dispute without resort to strike or other coercion, including submission to the employees in the bargaining unit of the employer's last offer of settlement for approval or rejection in a secret ballot. The failure or refusal of either party to agree to any procedure suggested by the director shall not be deemed a violation of any duty or obligation imposed by this chapter.

      (4) Final adjustment by a method agreed upon by the parties is declared to be the desirable method for settlement of grievance disputes arising over the application or interpretation of an existing collective bargaining agreement. The commission is directed to make its mediation and fact-finding services available in the settlement of such grievance disputes only as a last resort.

      NEW SECTION. Sec. 304. A new section is added to chapter 41.56 RCW to read as follows:

      On the effective date of this section, all collective bargaining rights and obligations concerning relations between the institutions of higher education and their employees classified under chapter 28B.16 RCW shall be transferred to this chapter, subject to the following:

      (1) The commission shall recognize, in their current form, all bargaining units certified by the higher education personnel board as of the effective date of this section.

      (2) Except as provided in subsection (3) of this section:

      (a) Collective bargaining under this section is limited to negotiation of grievance procedures and personnel matters over which the institution of higher education or related board may lawfully exercise discretion; and

      (b) Terms of a collective bargaining agreement negotiated under this section, if in conflict with rules or policies by the higher education personnel board under chapter 28B.16 RCW are void and unenforceable to the extent of the conflict.

      (3) At any time after the effective date of this section, an institution of higher education and the exclusive bargaining representative of a bargaining unit of employees classified under chapter 28B.16 RCW may exercise their option to have their relationship and corresponding obligations governed entirely by the provisions of this chapter, by filing notice of the parties' intent to be so governed, subject to the mutual adoption of a collective bargaining agreement recognizing the notice of intent. The parties shall provide the notice to the higher education personnel board and the commission. On the first day of the month following the month during which a collective bargaining agreement is executed by the parties recognizing the notice of intent and notice of the execution of the agreement and a copy of the agreement are received by the higher education personnel board and commission, chapter 28B.16 RCW shall cease to apply to all employees in the bargaining unit covered by the agreement, and the limitations on collective bargaining contained in RCW 41.56.100 and subsection (2) of this section shall cease to apply to that bargaining unit.

      (4) If an institution of higher education and the exclusive bargaining representative of a bargaining unit of its employees agree to exercise the option to have their relationship and corresponding obligations governed entirely by this chapter, salary increases negotiated thereafter for the employees in the bargaining unit shall be subject to the following:

      (a) Salary increases shall continue to be appropriated by the legislature. The exclusive bargaining representative shall meet before a legislative session with the governor or governor's designee and the representative of the institution of higher education concerning the total dollar amount for salary increases and health care contributions that will be contained in the appropriations proposed by the governor under RCW 43.88.060;

      (b) The collective bargaining agreements may provide for salary increases that are different from or that exceed the amount or percentage for salary increases provided by the legislature in the omnibus appropriations act for the institution of higher education or allocated to the board of trustees by the state board for community and technical colleges, but the base for salary increases provided by the legislature under (a) of this subsection shall include only those amounts appropriated by the legislature, and the base shall not include any additional salary increases provided under this subsection (4)(b);

      (c) Any provisions of the collective bargaining agreements pertaining to salary increases provided under (a) of this subsection shall be subject to modification by the legislature. If any provision of a salary increase provided under (a) of this subsection is changed by subsequent modification of the appropriations act by the legislature, both parties shall immediately enter into collective bargaining for the sole purpose of arriving at a mutually agreed upon replacement for the modified provision.

      (5) Nothing in this section may be construed to require any institution of higher education to bargain collectively with any exclusive bargaining representative concerning any matter covered by chapter 41.05 RCW, except for the related cost or dollar contributions, or chapter 41.32 or 41.40 RCW.

      Sec. 305. RCW 28B.16.040 and 1990 c 60 s 201 are each amended to read as follows:

      The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:

      (1) Members of the governing board of each institution and related boards, all presidents, vice presidents and their confidential secretaries, administrative and personal assistants; deans, directors, and ((chairmen)) chairpersons; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington.

      (2) Student, part time, or temporary employees, and part time professional consultants, as defined by the higher education personnel board, employed by institutions of higher education and related boards.

      (3) The director, ((his)) the director's confidential secretary, assistant directors, and professional education employees of the state board for community and technical colleges ((education)).

      (4) The personnel director of the higher education personnel board and ((his)) the director's confidential secretary.

      (5) The governing board of each institution, and related boards, may also exempt from this chapter, subject to the employees right of appeal to the higher education personnel board, classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training, ((and principal assistants to executive heads of major administrative or academic divisions,)) as determined by the higher education personnel board: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the higher education personnel board under this provision.

      Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

      A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.

      Sec. 306. RCW 28B.16.100 and 1990 c 60 s 202 are each amended to read as follows:

      The higher education personnel board shall adopt rules, consistent with the purposes and provisions of this chapter and with the best standards of personnel administration, regarding the basis and procedures to be followed for:

      (1) The dismissal, suspension, or demotion of an employee, and appeals therefrom;

      (2) Certification of names for vacancies, including promotions, with the number of names equal to four more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;

      (3) Examination for all positions in the competitive and noncompetitive service;

      (4) Appointments;

      (5) Probationary periods of six to twelve months and rejections therein, depending on the job requirements of the class;

      (6) Transfers;

      (7) Sick leaves and vacations;

      (8) Hours of work;

      (9) Layoffs when necessary and subsequent reemployment, both according to seniority;

      (10) ((Determination of appropriate bargaining units within any institution or related boards: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;

      (11) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;

      (12) Agreements between institutions or related boards and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the institution or the related board may lawfully exercise discretion;

      (13) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the institution and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his official duties;

      (14))) Adoption and revision of comprehensive classification plans for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position;

      (((15))) (11) Allocation and reallocation of positions within the classification plan;

      (((16))) (12) Adoption and revision of salary schedules and compensation plans which reflect the prevailing rates in Washington state private industries and other governmental units for positions of a similar nature but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 28B.16.116 and which shall be competitive in the state or the locality in which the institution or related boards are located, such adoption, revision, and implementation subject to approval as to availability of funds by the director of financial management in accordance with the provisions of chapter 43.88 RCW, and after consultation with the chief financial officer of each institution or related board for that institution or board, or in the case of community colleges, by the chief financial officer of the state board for community and technical colleges ((education)) for the various community colleges;

      (((17))) (13) Training programs including in-service, promotional, and supervisory;

      (((18))) (14) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service;

      (((19))) (15) Providing for veteran's preference as provided by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their ((widows)) surviving spouses by giving such eligible veterans and their ((widows)) surviving spouses additional credit in computing their seniority by adding to their unbroken higher education service, as defined by the board, the veteran's service in the military not to exceed five years of such service. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service, has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the ((widow)) surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;

      (((20))) (16) Assuring that persons who are or have been employed in classified positions under chapter 41.06 RCW will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter; ((and

      (21))) (17) Assuring that any person who is or has been employed in a classified position under this chapter will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions at any other institution of higher education or related board((.)); and

      (((22))) (18) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.

      The board shall consult with the human rights commission in the development of rules consistent with federal guidelines pertaining to affirmative action. The board shall transmit a report annually to the human rights commission which states the progress each institution of higher education has made in meeting affirmative action goals and timetables.

      Sec. 307. RCW 28B.16.200 and 1979 c 151 s 18 are each amended to read as follows:

      (1) There is hereby created a fund within the state treasury, designated as the "higher education personnel board service fund," to be used by the board as a revolving fund for the payment of salaries, wages, and operations required for the administration of the provisions of this chapter, the budget for which shall be subject to review and approval and appropriation by the legislature. Subject to the requirements of subsection (2) of this section, an amount not to exceed one-half of one percent of the salaries and wages for all positions in the classified service shall be contributed from the operations appropriations of each institution and the state board for community and technical colleges ((education)) and credited to the higher education personnel board service fund as such allotments are approved pursuant to chapter 43.88 RCW. Subject to the above limitations, such amount shall be charged against the allotments pro rata, at a rate to be fixed by the director of financial management from time to time, which will provide the board with funds to meet its anticipated expenditures during the allotment period.

      (2) If employees cease to be classified under this chapter pursuant to an agreement authorized by section 304 of this act, each institution of higher education and the state board for community and technical colleges shall continue, for six months after the effective date of the agreement, to make contributions to the higher education personnel board service fund based on employee salaries and wages that includes the employees under the agreement. At the expiration of the six-month period, the director of financial management shall make across-the-board reductions in allotments of the higher education personnel board service fund for the remainder of the biennium so that the charge to the institutions of higher education and state board based on the salaries and wages of the remaining employees classified under this chapter does not increase during the biennium, unless an increase is authorized by the legislature. The director of financial management shall report the amount and impact of any across-the-board reductions made under this section to the appropriations committee of the house of representatives and the ways and means committee of the senate, or appropriate successor committees, within thirty days of making the reductions.

      (3) Moneys from the higher education personnel board service fund shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the board.

      NEW SECTION. Sec. 308. A new section is added to chapter 28B.16 RCW to read as follows:

      At any time after the effective date of this section, an institution of higher education and the exclusive bargaining representative of a bargaining unit of employees classified under this chapter may exercise their option to have their relationship and corresponding obligations governed entirely by the provisions of chapter 41.56 RCW, by filing notice of the parties' intent to be so governed, subject to the mutual adoption of a collective bargaining agreement recognizing the notice of intent. The parties shall provide the notice to the board and the public employment relations commission. On the first day of the month following the month during which a collective bargaining agreement is executed by the parties recognizing the notice of intent and notice of the execution of the agreement and a copy of the agreement are received by the board and the public employment relations commission, this chapter shall cease to apply to all employees in the bargaining unit covered by the agreement.

      NEW SECTION. Sec. 309. (1) On the effective date of this section, the labor relations functions of the higher education personnel board set forth in chapter 36, Laws of 1969 ex. sess. shall be transferred to the commission.

      (2) On the effective date of this section, all business pending before the higher education personnel board that pertains to the functions transferred to the commission by this section shall be continued and acted upon by the commission. All existing contracts and obligations pertaining to such functions shall remain in full force and effect, but shall be performed by the commission in lieu of the higher education personnel board. The transfer of any functions shall not affect the validity of any act performed by the higher education personnel board or any officer or employee thereof before the effective date of the transferral of such functions.

      (3) Notwithstanding any other provisions of this act, contracts or agreements are authorized between the commission and the higher education personnel board with respect to functions transferred by this section. Such contract or agreement may provide for an employee or employees of the higher education personnel board or other person or persons to continue to provide services relating to pending business that is transferred to the commission as of the effective date of this section, until such pending business is completed.

      NEW SECTION. Sec. 310. (1) All employees of the higher education personnel board classified under the provisions of chapter 28B.16 RCW, the higher education personnel law, whose positions are entirely concerned with functions transferred to the commission by section 309 of this act, shall be transferred to the jurisdiction of the commission.

      (2) All funds, reports, documents, surveys, books, records, files, papers, or other writings in the possession of the higher education personnel board pertaining to the functions transferred to the commission by section 309 of this act shall by the effective date of this section, be delivered to the custody of the commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed in carrying out the functions transferred by section 309 of this act shall by the effective date of this section be transferred to the commission.

      NEW SECTION. Sec. 311. RCW 28B.16.230 and 1973 c 62 s 6 & 1969 ex.s. c 215 s 14 are each repealed.


PART IV

MISCELLANEOUS


      NEW SECTION. Sec. 401. The sum of . . . . dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from each public four-year institution's and the community colleges' operating fees account established in RCW 28B.15.824 to the respective institution's local account for the purposes of sections 201 through 205 of this act.

      NEW SECTION. Sec. 402. 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. 403. 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 July 1, 1993."


MOTION


     Senator Bauer moved that the following amendment be adopted:

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature acknowledges the academic freedom of institutions of higher education, and seeks to improve their efficiency and effectiveness in carrying out their missions. By this act, the legislature intends to increase the flexibility of institutions of higher education to manage personnel, construction, purchasing, printing, and tuition.


PART I

PURCHASING, PRINTING, AND CONSTRUCTION AUTHORITY


      NEW SECTION. Sec. 101. A new section is added to chapter 28B.10 RCW to read as follows:

      (1) An institution of higher education may exercise independently those powers otherwise granted to the director of general administration in chapter 43.19 RCW in connection with the purchase and disposition of all material, supplies, services, and equipment needed for the support, maintenance, and use of the respective institution of higher education. Property disposition policies followed by institutions of higher education shall be consistent with policies followed by the department of general administration. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapters 39.19, 39.29, and 43.03 RCW, and RCW 43.19.1901, 43.19.1906, 43.19.1911, 43.19.1917, 43.19.1937, 43.19.534, 43.19.685, 43.19.700 through 43.19.704, and 43.19.550 through 43.19.637. The community and technical colleges shall comply with RCW 43.19.450. Except for the University of Washington, institutions of higher education shall comply with RCW 43.19.1935, 43.19.19363, and 43.19.19368. If an institution of higher education can satisfactorily demonstrate to the director of the office of financial management that the cost of compliance is greater than the value of benefits from any of the following statutes, then it shall be exempt from them: RCW 43.19.685; 43.19.534; and 43.19.637. Any institution of higher education that chooses to exercise independent purchasing authority for a commodity or group of commodities shall notify the director of general administration. Thereafter the director of general administration shall not be required to provide those services for that institution for the duration of the general administration contract term for that commodity or group of commodities.

      (2) An institution of higher education may exercise independently those powers otherwise granted to the public printer in chapter 43.78 RCW in connection with the production or purchase of any printing and binding needed by the respective institution of higher education. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapter 39.19 RCW. Any institution of higher education that chooses to exercise independent printing production or purchasing authority shall notify the public printer. Thereafter the public printer shall not be required to provide those services for that institution.

      Sec. 102. RCW 43.19.190 and 1991 c 238 s 135 are each amended to read as follows:

      The director of general administration, through the state purchasing and material control director, shall:

      (1) Establish and staff such administrative organizational units within the division of purchasing as may be necessary for effective administration of the provisions of RCW 43.19.190 through 43.19.1939;

      (2) Purchase all material, supplies, services, and equipment needed for the support, maintenance, and use of all state institutions, colleges, community colleges, technical colleges, college districts, and universities, the offices of the elective state officers, the supreme court, the court of appeals, the administrative and other departments of state government, and the offices of all appointive officers of the state: PROVIDED, That the provisions of RCW 43.19.190 through 43.19.1937 do not apply in any manner to the operation of the state legislature except as requested by said legislature: PROVIDED, That primary authority for the purchase of specialized equipment, instructional, and research material for their own use shall rest with the colleges, community colleges, and universities: PROVIDED FURTHER, That universities operating hospitals and the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, may make purchases for hospital operation by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital ((service)) group purchasing organizations ((as defined in section 501(e) of the Internal Revenue Code, or its successor)): PROVIDED FURTHER, That primary authority for the purchase of materials, supplies, and equipment for resale to other than public agencies shall rest with the state agency concerned: PROVIDED FURTHER, That authority to purchase services as included herein does not apply to personal services as defined in chapter 39.29 RCW, unless such organization specifically requests assistance from the division of purchasing in obtaining personal services and resources are available within the division to provide such assistance: PROVIDED FURTHER, That the authority for the purchase of insurance and bonds shall rest with the risk manager under RCW 43.19.1935 ((as now or hereafter amended)): PROVIDED FURTHER, That, except for the authority of the risk manager to purchase insurance and bonds, the director is not required to provide purchasing services for institutions of higher education that choose to exercise independent purchasing authority under section 101 of this act;

      (3) Provide the required staff assistance for the state supply management advisory board through the division of purchasing;

      (4) Have authority to delegate to state agencies authorization to purchase or sell, which authorization shall specify restrictions as to dollar amount or to specific types of material, equipment, services, and supplies: PROVIDED, That acceptance of the purchasing authorization by a state agency does not relieve such agency from conformance with other sections of RCW 43.19.190 through 43.19.1939, ((as now or hereafter amended,)) or from policies established by the director after consultation with the state supply management advisory board: PROVIDED FURTHER, That delegation of such authorization to a state agency, including an educational institution to which this section applies, to purchase or sell material, equipment, services, and supplies shall not be granted, or otherwise continued under a previous authorization, if such agency is not in substantial compliance with overall state purchasing and material control policies as established herein;

      (5) Contract for the testing of material, supplies, and equipment with public and private agencies as necessary and advisable to protect the interests of the state;

      (6) Prescribe the manner of inspecting all deliveries of supplies, materials, and equipment purchased through the division;

      (7) Prescribe the manner in which supplies, materials, and equipment purchased through the division shall be delivered, stored, and distributed;

      (8) Provide for the maintenance of a catalogue library, manufacturers' and wholesalers' lists, and current market information;

      (9) Provide for a commodity classification system and may, in addition, provide for the adoption of standard specifications after receiving the recommendation of the supply management advisory board;

      (10) Provide for the maintenance of inventory records of supplies, materials, and other property;

      (11) Prepare rules and regulations governing the relationship and procedures between the division of purchasing and state agencies and vendors;

      (12) Publish procedures and guidelines for compliance by all state agencies, including those educational institutions to which this section applies, which implement overall state purchasing and material control policies;

      (13) Conduct periodic visits to state agencies, including those educational institutions to which this section applies, to determine if statutory provisions and supporting purchasing and material control policies are being fully implemented, and based upon such visits, take corrective action to achieve compliance with established purchasing and material control policies under existing statutes when required.

      Sec. 103. RCW 43.19.1906 and 1992 c 85 s 1 are each amended to read as follows:

      Insofar as practicable, all purchases and sales shall be based on competitive bids, and a formal sealed bid procedure shall be used as standard procedure for all purchases and contracts for purchases and sales executed by the state purchasing and material control director and under the powers granted by RCW 43.19.190 through 43.19.1939((, as now or hereafter amended)). This requirement also applies to purchases and contracts for purchases and sales executed by agencies, including educational institutions, under delegated authority granted in accordance with provisions of RCW 43.19.190 ((as now or hereafter amended)) or under section 101 of this act. However, formal sealed bidding is not necessary for:

      (1) Emergency purchases made pursuant to RCW 43.19.200 if the sealed bidding procedure would prevent or hinder the emergency from being met appropriately;

      (2) Purchases not exceeding five thousand dollars, or subsequent limits as calculated by the office of financial management: PROVIDED, That the state director of general administration shall establish procedures to assure that purchases made by or on behalf of the various state agencies shall not be made so as to avoid the five thousand dollar bid limitation, or subsequent bid limitations as calculated by the office of financial management: PROVIDED FURTHER, That the state purchasing and material control director is authorized to reduce the formal sealed bid limits of five thousand dollars, or subsequent limits as calculated by the office of financial management, to a lower dollar amount for purchases by individual state agencies((, including purchases of specialized equipment, instructional, and research equipment and materials by colleges and universities,)) if considered necessary to maintain full disclosure of competitive procurement or otherwise to achieve overall state efficiency and economy in purchasing and material control. Quotations from four hundred dollars to five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be secured from enough vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. A record of competition for all such purchases from four hundred dollars to five thousand dollars, or subsequent limits as calculated by the office of financial management, shall be documented for audit purposes on a standard state form approved by the forms management center under the provisions of RCW 43.19.510. Purchases up to four hundred dollars may be made without competitive bids based on buyer experience and knowledge of the market in achieving maximum quality at minimum cost: PROVIDED, That this four hundred dollar direct buy limit without competitive bids may be increased incrementally as required to a maximum of eight hundred dollars with the approval of at least ten of the members of the state supply management advisory board, if warranted by increases in purchasing costs due to inflationary trends;

      (3) Purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation;

      (4) Purchases of insurance and bonds by the risk management office under RCW 43.19.1935 ((as now or hereafter amended));

      (5) Purchases and contracts for vocational rehabilitation clients of the department of social and health services: PROVIDED, That this exemption is effective only when the state purchasing and material control director, after consultation with the director of the division of vocational rehabilitation and appropriate department of social and health services procurement personnel, declares that such purchases may be best executed through direct negotiation with one or more suppliers in order to expeditiously meet the special needs of the state's vocational rehabilitation clients;

      (6) Purchases by universities for hospital operation or biomedical teaching or research purposes and by the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, made by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital ((service)) group purchasing organizations ((as defined in section 501(e) of the Internal Revenue Code, or its successor));

      (7) Purchases by institutions of higher education not exceeding fifteen thousand dollars ((that are funded by research grant or contract funds, or other nonstate appropriated funds)): PROVIDED, That for purchases between two thousand five hundred dollars and fifteen thousand dollars quotations shall be secured from enough vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. A record of competition for all such purchases made from two thousand five hundred to fifteen thousand dollars shall be documented for audit purposes ((on a standard state form approved by the forms management center under provisions of RCW 43.19.510)); and

      (8) Beginning on July 1, ((1989)) 1995, and on July 1 of each succeeding odd-numbered year, the ((five thousand)) dollar limits specified in ((subsection (2) of)) this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars.

      Sec. 104. RCW 43.78.030 and 1988 c 102 s 1 are each amended to read as follows:

      The public printer shall print and bind the session laws, the journals of the two houses of the legislature, all bills, resolutions, documents, and other printing and binding of either the senate or house, as the same may be ordered by the legislature; and such forms, blanks, record books, and printing and binding of every description as may be ordered by all state officers, boards, commissions, and institutions, and the supreme court, and the court of appeals and officers thereof, as the same may be ordered on requisition, from time to time, by the proper authorities. This section shall not apply to the printing of the supreme court and the court of appeals reports, ((or)) to the printing of bond certificates or bond offering disclosure documents, or to any printing done or contracted for by institutions of higher education: PROVIDED, That institutions of higher education, in consultation with the public printer, develop vendor selection procedures comparable to those used by the public printer for contracted printing jobs. Where any institution or institution of higher learning of the state is or may become equipped with facilities for doing such work, it may do any printing: (1) For itself, or (2) for any other state institution when such printing is done as part of a course of study relative to the profession of printer. Any printing and binding of whatever description as may be needed by any ((institution of higher learning,)) institution or agency of the state department of social and health services not at Olympia, or the supreme court or the court of appeals or any officer thereof, the estimated cost of which shall not exceed one thousand dollars, may be done by any private printing company in the general vicinity within the state of Washington so ordering, if in the judgment of the officer of the agency so ordering, the saving in time and processing justifies the award to such local private printing concern. ((Further, where any printing or binding needed by an institution of higher education is to be paid for from research grant or contract funds, short course revenues, or other nonstate appropriated funding source, such printing or binding may be done by any private printing company in the state of Washington, irrespective of the dollar limit specified in this section, when in the judgment of the officer of the institution so ordering, the saving in time or cost justifies the award to such local private printing concern.))

      Beginning on July 1, 1989, and on July 1 of each succeeding odd-numbered year, the dollar limit specified in this section shall be adjusted as follows: The office of financial management shall calculate such limit by adjusting the previous biennium's limit by an appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest fifty dollars.

      NEW SECTION. Sec. 105. A new section is added to chapter 43.78 RCW to read as follows:

      The public printer may use the state printing plant for the purposes of printing or furnishing materials under RCW 43.78.100 if an interlocal agreement under chapter 39.34 RCW has been executed between an institution of higher education and the public printer.

      Sec. 106. RCW 43.78.100 and 1965 c 8 s 43.78.100 are each amended to read as follows:

      The public printer shall furnish all paper, stock, and binding materials required in all public work, and shall charge the same to the state, as it is actually used, at the actual price at which it was purchased plus five percent for waste, insurance, storage, and handling. This section does not apply to institutions of higher education.

      Sec. 107. RCW 43.78.110 and 1982 c 164 s 3 are each amended to read as follows:

      Whenever in the judgment of the public printer certain printing, ruling, binding, or supplies can be secured from private sources more economically than by doing the work or preparing the supplies in the state printing plant, ((he)) the public printer may obtain such work or supplies from such private sources. ((The public printer shall notify day training centers, group training homes, and sheltered workshops providing printing and related trade services under RCW 43.19.532 of the opportunity to bid on the provision of such work or supplies under this section.))

      In event any work or supplies are secured on behalf of the state under this section the state printing plant shall be entitled to add up to five percent to the cost thereof to cover the handling of the orders which shall be added to the bills and charged to the respective authorities ordering the work or supplies. The five percent handling charge shall not apply to contracts with institutions of higher education.

      Sec. 108. RCW 28B.50.330 and 1991 c 238 s 48 are each amended to read as follows:

      The boards of trustees of college districts are empowered in accordance with the provisions of this chapter to provide for the construction, reconstruction, erection, equipping, demolition, and major alterations of buildings and other capital assets, and the acquisition of sites, rights-of-way, easements, improvements, or appurtenances for the use of the aforementioned colleges as authorized by the college board in accordance with RCW 28B.50.140; to be financed by bonds payable out of special funds from revenues hereafter derived from income received from such facilities, gifts, bequests, or grants, and such additional funds as the legislature may provide, and payable out of a bond retirement fund to be established by the respective district boards in accordance with rules and regulations of the state board. With respect to building, improvements, or repairs, or other work, where the estimated cost exceeds ((fifteen)) twenty-five thousand dollars, complete plans and specifications for such work shall be prepared ((and such work shall be prepared)) and such work shall be put out for public bids and the contract shall be awarded to the lowest responsible bidder if in accordance with the bid specifications: PROVIDED, That when such building, construction, renovation, remodeling, or demolition involves one trade or craft area and the estimated cost exceeds ten thousand dollars, complete plans and specifications for such work shall be prepared and such work shall be put out for public bids, and the contract shall be awarded to the lowest responsible bidder if in accordance with the bid specifications. This subsection shall not apply when a contract is awarded by the small works procedure authorized in RCW 39.04.150: PROVIDED FURTHER, That any project regardless of dollar amount may be put to public bid.

      Where the estimated cost to any college of any building, improvements, or repairs, or other work, is less than ((five)) twenty-five thousand dollars, the publication requirements of RCW 39.04.020 ((and 39.04.070)) shall be inapplicable.

      Sec. 109. RCW 28B.10.350 and 1985 c 152 s 1 are each amended to read as follows:

      (1) When the cost to The Evergreen State College, any regional university, or state university, of any building, construction, renovation, remodeling, or demolition other than maintenance or repairs will equal or exceed the sum of twenty-five thousand dollars, complete plans and specifications for such work shall be prepared and such work shall be put out for public bids and the contract shall be awarded to the lowest responsible bidder if in accordance with the bid specifications: PROVIDED, That when the estimated cost of such building, construction, renovation, remodeling, or demolition equals or exceeds the sum of twenty-five thousand dollars, such project shall be deemed a public works and "the prevailing rate of wage," under chapter 39.12 RCW shall be applicable thereto: PROVIDED FURTHER, That when such building, construction, renovation, remodeling, or demolition involves one trade or craft area and the estimated cost exceeds ten thousand dollars, complete plans and specifications for such work shall be prepared and such work shall be put out for public bids, and the contract shall be awarded to the lowest responsible bidder if in accordance with the bid specifications. This subsection shall not apply when a contract is awarded by the small works procedure authorized in RCW 28B.10.355.

      (2) The Evergreen State College, any regional university, or state university may require a project to be put to public bid even when it is not required to do so under subsection (1) of this section.

      (3) Where the estimated cost to The Evergreen State College, any regional university, or state university of any building, construction, renovation, remodeling, or demolition is less than twenty-five thousand dollars or the contract is awarded by the small works procedure authorized in RCW 28B.10.355, the publication requirements of RCW 39.04.020 ((and 39.04.090)) shall be inapplicable.

      (4) In the event of any emergency when the public interest or property of The Evergreen State College, regional university, or state university would suffer material injury or damage by delay, the president of such college or university may declare the existence of such an emergency and reciting the facts constituting the same may waive the requirements of this section with reference to any contract in order to correct the condition causing the emergency: PROVIDED, That an "emergency," for the purposes of this section, means a condition likely to result in immediate physical injury to persons or to property of such college or university in the absence of prompt remedial action or a condition which immediately impairs the institution's ability to perform its educational obligations.

      Sec. 110. RCW 28B.10.355 and 1985 c 152 s 2 are each amended to read as follows:

      Each board of regents of the state universities and each board of trustees of the regional universities and The Evergreen State College may establish a small works roster. The small works roster authorized by this section may be used for any public works project for which the estimated cost is less than ((fifty)) one hundred thousand dollars. Each board shall adopt rules to implement this section.

      The roster shall be composed of all responsible contractors who have requested to be on the list. Each board shall establish a procedure for securing telephone or written quotations from the contractors on the small works roster to assure establishment of a competitive price and for awarding contracts to the lowest responsible bidder. This procedure shall require either that a good faith effort be made to request quotations from all contractors on the small works roster who have indicated the capability of performing the kind of public works being contracted or that the board shall solicit quotations from at least five contractors in a manner that will equitably distribute the opportunity among contractors on the roster. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection and available by telephone inquiry. Each board may adopt a procedure to prequalify contractors for inclusion on the small works roster. No board may be required to make available for public inspection or copying under chapter 42.17 RCW financial information required to be provided by the prequalification procedure.

      The small works roster shall be revised at least once each year by publishing notice of such opportunity in at least one newspaper of general circulation in the state. Responsible contractors shall be added to the list at any time they submit a written request.

      Sec. 111. RCW 39.04.020 and 1986 c 282 s 2 are each amended to read as follows:

      Whenever the state((,)) or any municipality shall determine that any public work is necessary to be done, it shall cause plans, specifications, or both thereof and an estimate of the cost of such work to be made and filed in the office of the director, supervisor, commissioner, trustee, board, or agency having by law the authority to require such work to be done. The plans, specifications, and estimates of cost shall be approved by the director, supervisor, commissioner, trustee, board, or agency and the original draft or a certified copy filed in such office before further action is taken.

      If the state((,)) or such municipality shall determine that it is necessary or advisable that such work shall be executed by any means or method other than by contract or by a small works roster process, and it shall appear by such estimate that the probable cost of executing such work will exceed the sum of fifteen thousand dollars or the amounts specified in RCW 28B.10.350 or 28B.10.355 for colleges and universities, or the amounts specified in RCW 28B.50.330 or 39.04.150 for community colleges and technical colleges, then the state or such municipality shall at least fifteen days before beginning work cause such estimate, together with a description of the work, to be published at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which such work is to be done: PROVIDED, That when any emergency shall require the immediate execution of such public work, upon a finding of the existence of such emergency by the authority having power to direct such public work to be done and duly entered of record, publication of description and estimate may be made within seven days after the commencement of the work.

      Sec. 112. RCW 39.04.150 and 1988 c 36 s 12 are each amended to read as follows:

      (1) As used in this section, "agency" means the department of general administration, the department of fisheries, the department of wildlife, and the state parks and recreation commission.

      (2) In addition to any other power or authority that an agency may have, each agency, alone or in concert, may establish a small works roster consisting of all qualified contractors who have requested to be included on the roster.

      (3) The small works roster may make distinctions between contractors based on the geographic areas served and the nature of the work the contractor is qualified to perform. At least once every year, the agency shall advertise in a newspaper of general circulation the existence of the small works roster and shall add to the roster those contractors who request to be included on the roster.

      (4) Construction, repair, or alteration projects estimated to cost less than fifty thousand dollars, or less than one hundred thousand dollars for projects managed by the department of general administration for community colleges and technical colleges, as defined under chapter 28B.50 RCW, are exempt from the requirement that the contracts be awarded after advertisement and competitive bid as defined by RCW 39.04.010. In lieu of advertisement and competitive bid, the agency shall solicit at least five quotations, confirmed in writing, from contractors chosen by random number generated by computer from the contractors on the small works roster for the category of job type involved and shall award the work to the party with the lowest quotation or reject all quotations. If the agency is unable to solicit quotations from five qualified contractors on the small works roster for a particular project, then the project shall be advertised and competitively bid. The agency shall solicit quotations randomly from contractors on the small works roster in a manner which will equitably distribute the opportunity for these contracts among contractors on the roster: PROVIDED, That whenever possible, the agency shall invite at least one proposal from a minority contractor who shall otherwise qualify to perform such work. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone request.

      (5) The breaking down of any public work or improvement into units or accomplishing any public work or improvement by phases for the purpose of avoiding the minimum dollar amount for bidding is contrary to public policy and is prohibited.

      (6) The director of general administration shall adopt by rule a procedure to prequalify contractors for inclusion on the small works roster. Each agency shall follow the procedure adopted by the director of general administration. No agency shall be required to make available for public inspection or copying under chapter 42.17 RCW financial information required to be provided by the prequalification procedure.

      (7) An agency may adopt by rule procedures to implement this section which shall not be inconsistent with the procedures adopted by the director of the department of general administration pursuant to subsection (6) of this section.


PART II

LOCAL TUITION AUTHORITY


      Sec. 201. RCW 28B.15.031 and 1987 c 15 s 2 are each amended to read as follows:

      The term "operating fees" as used in this chapter shall include the fees, other than building fees, charged all students registering at the state's colleges and universities but shall not include fees for short courses, self-supporting degree credit programs and courses, marine station work, experimental station work, correspondence or extension courses, and individual instruction and student deposits or rentals, disciplinary and library fines, which colleges and universities shall have the right to impose, laboratory, gymnasium, health, and student activity fees, or fees, charges, rentals, and other income derived from any or all revenue producing lands, buildings and facilities of the colleges or universities heretofore or hereafter acquired, constructed or installed, including but not limited to income from rooms, dormitories, dining rooms, hospitals, infirmaries, housing or student activity buildings, vehicular parking facilities, land, or the appurtenances thereon, or such other special fees as may be established by any college or university board of trustees or regents from time to time. All moneys received as operating fees at any institution of higher education shall be ((transmitted to the state treasurer within thirty-five days of receipt to be deposited in the state general fund)) deposited in a local account containing only operating fees revenue and related interest: PROVIDED, That two and one-half percent of ((moneys received as)) operating fees ((be exempt from such deposit and)) shall be retained by the institutions, except the technical colleges, for the purposes of RCW 28B.15.820((: PROVIDED FURTHER, That money received by institutions of higher education from the periodic payment plan authorized by RCW 28B.15.411 shall be transmitted to the state treasurer within five days following the close of registration of the appropriate quarter or semester)).

      Sec. 202. RCW 28B.15.202 and 1992 c 231 s 7 are each amended to read as follows:

      Tuition fees and maximum services and activities fees at the University of Washington and at Washington State University for other than the summer term shall be as follows:

      (1) For full time resident undergraduate students and all other full time resident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be thirty-three percent of the per student undergraduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (2) For full time resident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be twenty-three percent of the per student graduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (3) For full time resident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be one hundred sixty-seven percent of such fees charged in subsection (2) of this section: PROVIDED, That the building fees for each academic year shall be three hundred and forty-two dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (4) For full time nonresident undergraduate students and such other full time nonresident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, or doctor of veterinary medicine, the total tuition fees shall be one hundred percent of the per student undergraduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be three hundred and fifty-four dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (5) For full time nonresident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be sixty percent of the per student graduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be three hundred and fifty-four dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (6) For full time nonresident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be one hundred sixty-seven percent of such fees charged in subsection (5) of this section: PROVIDED, That the building fees for each academic year shall be five hundred and fifty-five dollars. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (7) The governing boards of the state universities shall charge to and collect from each student, a services and activities fee. The governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in resident undergraduate tuition fees: PROVIDED, That such percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. The services and activities fee committee provided for in RCW 28B.15.045 may initiate a request to the governing board for a fee increase.

      Sec. 203. RCW 28B.15.402 and 1992 c 231 s 10 are each amended to read as follows:

      Tuition fees and maximum services and activities fees at the regional universities and The Evergreen State College for other than the summer term shall be as follows:

      (1) For full time resident undergraduate students and all other full time resident students not in graduate study programs, the total tuition fees shall be twenty-five percent of the per student undergraduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be seventy-six dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (2) For full time resident graduate students, the total tuition fees shall be twenty-three percent of the per student graduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be seventy-six dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (3) For full time nonresident undergraduate students and all other full time nonresident students not in graduate study programs, the total tuition fees shall be one hundred percent of the per student undergraduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be two hundred and ninety-five dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (4) For full time nonresident graduate students, the total tuition fees shall be seventy-five percent of the per student graduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be two hundred and ninety-five dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (5) The governing boards of each of the regional universities and The Evergreen State College shall charge to and collect from each student, a services and activities fee. The governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in resident undergraduate tuition fees: PROVIDED, That such percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. The services and activities fee committee provided for in RCW 28B.15.045 may initiate a request to the governing board for a fee increase.

      Sec. 204. RCW 28B.15.502 and 1992 c 231 s 11 are each amended to read as follows:

      Tuition fees and maximum services and activities fees at each community college for other than the summer term shall be set by the state board for community and technical colleges as follows:

      (1) For full time resident students, the total tuition fees shall be twenty-three percent of the per student educational costs at the community colleges computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty-seven dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (2) For full time nonresident students, the total tuition fees shall be one hundred percent of the per student educational costs at the community colleges computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be four hundred and three dollars and fifty cents. Beginning with the 1995-96 academic year the building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition in the 1994-95 academic year, rounded up to the nearest half percent.

      (3) The governing boards of each of the state community colleges shall charge to and collect from each student a services and activities fee. Each governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in resident student tuition fees: PROVIDED, That such percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. The services and activities fee committee provided for in RCW 28B.15.045 may initiate a request to the governing board for a fee increase.

      (4) Tuition and services and activities fees consistent with subsection (3) of this section shall be set by the state board for community and technical colleges for summer school students unless the community college charges fees in accordance with RCW 28B.15.515.

      Subject to the limitations of RCW 28B.15.910, each governing board may charge such fees for ungraded courses, noncredit courses, community services courses, and self-supporting courses as it, in its discretion, may determine, consistent with the rules and regulations of the state board for community and technical colleges.

      Before June 30, 1995, no individual waiver program under this section may be reduced by more than twice the percentage reduction required in operating fee foregone revenue from tuition waivers in the biennial state appropriations act.

      NEW SECTION. Sec. 205. A new section is added to chapter 28B.15 RCW to read as follows:

      It is the intent of the legislature that:

      In making appropriations from the state's general fund to institutions of higher education, each appropriation shall conform to the following:

      (1) The appropriation shall be reduced by the amount of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified in the omnibus biennial operating appropriations act and the estimated interest on operating fees revenue, minus obligations under RCW 28B.15.820 and 43.99I.040 and minus the amount of waived operating fees authorized under RCW 28B.15.910;

      (2) The appropriation shall not be reduced by the amount of operating fees revenue collected from students enrolled above the state-funded level, but within the over-enrollment limitations, specified in the omnibus biennial operating appropriations act; and

      (3) The general fund state appropriation shall not be reduced by the amount of operating fees revenue collected as a result of waiving less operating fees revenue than the amounts authorized under RCW 28B.15.910.

      NEW SECTION. Sec. 206. RCW 28B.15.824 and 1992 c 231 s 36 are each repealed.


PART III

EMPLOYMENT RELATIONS


      NEW SECTION. Sec. 301. A new section is added to chapter 41.56 RCW to read as follows:

      In addition to the entities listed in RCW 41.56.020, this chapter shall apply to institutions of higher education with respect to the employees included in a bargaining unit that has exercised the option specified in section 304 of this act.

      Sec. 302. RCW 41.56.030 and 1992 c 36 s 2 and 1991 c 363 s 119 are each reenacted and amended to read as follows:

      As used in this chapter:

      (1) "Public employer" means any officer, board, commission, council, or other person or body acting on behalf of any public body governed by this chapter ((as designated by RCW 41.56.020)), or any subdivision of such public body. For the purposes of this section, the public employer of district court or superior court employees for wage-related matters is the respective county legislative authority, or person or body acting on behalf of the legislative authority, and the public employer for nonwage-related matters is the judge or judge's designee of the respective district court or superior court.

      (2) "Public employee" means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (d) who is a personal assistant to a district court judge, superior court judge, or court commissioner. For the purpose of (d) of this subsection, no more than one assistant for each judge or commissioner may be excluded from a bargaining unit.

      (3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers.

      (4) "Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter. In the case of the Washington state patrol, "collective bargaining" shall not include wages and wage-related matters.

      (5) "Commission" means the public employment relations commission.

      (6) "Executive director" means the executive director of the commission.

      (7) "Uniformed personnel" means (a) law enforcement officers as defined in RCW 41.26.030 as now or hereafter amended, of cities with a population of fifteen thousand or more or law enforcement officers employed by the governing body of any county with a population of seventy thousand or more, or (b) fire fighters as that term is defined in RCW 41.26.030, as now or hereafter amended.

      (8) "Institution of higher education" means the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, and the various state community colleges.

      Sec. 303. RCW 41.58.020 and 1975 1st ex.s. c 296 s 4 are each amended to read as follows:

      (1) It shall be the duty of the commission, in order to prevent or minimize interruptions growing out of labor disputes, to assist employers and employees to settle such disputes through mediation and fact-finding.

      (2) The commission, through the director, may proffer its services in any labor dispute ((involving a political subdivision, municipal corporation, or the community college system of the state)) arising under a collective bargaining statute administered by the commission, either upon its own motion or upon the request of one or more of the parties to the dispute, whenever in its judgment such dispute threatens to cause a substantial disruption to the public welfare.

      (3) If the director is not able to bring the parties to agreement by mediation within a reasonable time, ((he)) the director shall seek to induce the parties to voluntarily seek other means of settling the dispute without resort to strike or other coercion, including submission to the employees in the bargaining unit of the employer's last offer of settlement for approval or rejection in a secret ballot. The failure or refusal of either party to agree to any procedure suggested by the director shall not be deemed a violation of any duty or obligation imposed by this chapter.

      (4) Final adjustment by a method agreed upon by the parties is declared to be the desirable method for settlement of grievance disputes arising over the application or interpretation of an existing collective bargaining agreement. The commission is directed to make its mediation and fact-finding services available in the settlement of such grievance disputes only as a last resort.

      NEW SECTION. Sec. 304. A new section is added to chapter 41.56 RCW to read as follows:

      (1) At any time after July 1, 1993, an institution of higher education and the exclusive bargaining representative of a bargaining unit of employees classified under chapter 28B.16 or 41.06 RCW as appropriate may exercise their option to have their relationship and corresponding obligations governed entirely by the provisions of this chapter by complying with the following:

      (a) The parties will file notice of the parties' intent to be so governed, subject to the mutual adoption of a collective bargaining agreement permitted by this section recognizing the notice of intent. The parties shall provide the notice to the higher education personnel board or its successor and the commission;

      (b) During the negotiation of an initial contract between the parties under this chapter, the parties' scope of bargaining shall be governed by this chapter and any disputes arising out of the collective bargaining rights and obligations under this subsection shall be determined by the commission. If the commission finds that the parties are at impasse, the notice filed under (a) of this subsection shall be void and have no effect; and

      (c) On the first day of the month following the month during which the institution of higher education and the exclusive bargaining representative provide notice to the higher education personnel board or its successor and the commission that they have executed an initial collective bargaining agreement recognizing the notice of intent filed under (a) of this subsection, chapter 28B.16 or 41.06 RCW as appropriate shall cease to apply to all employees in the bargaining unit covered by the agreement.

      (2) All collective bargaining rights and obligations concerning relations between an institution of higher education and the exclusive bargaining representative of its employees who have agreed to exercise the option permitted by this section shall be determined under this chapter, subject to the following:

      (a) The commission shall recognize, in its current form, the bargaining unit as certified by the higher education personnel board or its successor and the limitations on collective bargaining contained in RCW 41.56.100 shall not apply to that bargaining unit.

      (b) If, on the date of filing the notice under subsection (1)(a) of this section, there is a union shop authorized for the bargaining unit under rules adopted by the higher education personnel board or its successor, the union shop requirement shall continue in effect for the bargaining unit and shall be deemed incorporated into the collective bargaining agreement applicable to the bargaining unit.

      (c) Salary increases negotiated for the employees in the bargaining unit shall be subject to the following:

      (i) Salary increases shall continue to be appropriated by the legislature. The exclusive bargaining representative shall meet before a legislative session with the governor or governor's designee and the representative of the institution of higher education concerning the total dollar amount for salary increases and health care contributions that will be contained in the appropriations proposed by the governor under RCW 43.88.060;

      (ii) The collective bargaining agreements may provide for salary increases that are different from or that exceed the amount or percentage for salary increases provided by the legislature in the omnibus appropriations act for the institution of higher education or allocated to the board of trustees by the state board for community and technical colleges, but the base for salary increases provided by the legislature under (c)(i) of this subsection shall include only those amounts appropriated by the legislature, and the base shall not include any additional salary increases provided under this subsection (2)(c)(ii);

      (iii) Any provisions of the collective bargaining agreements pertaining to salary increases provided under (c)(i) of this subsection shall be subject to modification by the legislature. If any provision of a salary increase provided under (c)(i) of this subsection is changed by subsequent modification of the appropriations act by the legislature, both parties shall immediately enter into collective bargaining for the sole purpose of arriving at a mutually agreed upon replacement for the modified provision.

      (3) Nothing in this section may be construed to permit an institution of higher education to bargain collectively with an exclusive bargaining representative concerning any matter covered by: (a) Chapter 41.05 RCW, except for the related cost or dollar contributions or additional or supplemental benefits as permitted by chapter .... (Engrossed Second Substitute Senate Bill No. 5304), Laws of 1993; or (b) chapter 41.32 or 41.40 RCW.

      Sec. 305. RCW 28B.16.040 and 1990 c 60 s 201 are each amended to read as follows:

      The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:

      (1) Members of the governing board of each institution and related boards, all presidents, vice presidents and their confidential secretaries, administrative and personal assistants; deans, directors, and ((chairmen)) chairpersons; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington.

      (2) Student, part time, or temporary employees, and part time professional consultants, as defined by the higher education personnel board, employed by institutions of higher education and related boards.

      (3) The director, ((his)) the director's confidential secretary, assistant directors, and professional education employees of the state board for community and technical colleges ((education)).

      (4) The personnel director of the higher education personnel board and ((his)) the director's confidential secretary.

      (5) The governing board of each institution, and related boards, may also exempt from this chapter, subject to the employees right of appeal to the higher education personnel board, classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training, ((and principal assistants to executive heads of major administrative or academic divisions,)) as determined by the higher education personnel board: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the higher education personnel board under this provision.

      Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

      A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.

      Sec. 306. RCW 28B.16.200 and 1979 c 151 s 18 are each amended to read as follows:

      (1) There is hereby created a fund within the state treasury, designated as the "higher education personnel board service fund," to be used by the board as a revolving fund for the payment of salaries, wages, and operations required for the administration of the provisions of this chapter, the budget for which shall be subject to review and approval and appropriation by the legislature. Subject to the requirements of subsection (2) of this section, an amount not to exceed one-half of one percent of the salaries and wages for all positions in the classified service shall be contributed from the operations appropriations of each institution and the state board for community and technical colleges ((education)) and credited to the higher education personnel board service fund as such allotments are approved pursuant to chapter 43.88 RCW. Subject to the above limitations, such amount shall be charged against the allotments pro rata, at a rate to be fixed by the director of financial management from time to time, which will provide the board with funds to meet its anticipated expenditures during the allotment period.

      (2) If employees cease to be classified under this chapter pursuant to an agreement authorized by section 304 of this act, each institution of higher education and the state board for community and technical colleges shall continue, for six months after the effective date of the agreement, to make contributions to the higher education personnel board service fund based on employee salaries and wages that includes the employees under the agreement. At the expiration of the six-month period, the director of financial management shall make across-the-board reductions in allotments of the higher education personnel board service fund for the remainder of the biennium so that the charge to the institutions of higher education and state board based on the salaries and wages of the remaining employees classified under this chapter does not increase during the biennium, unless an increase is authorized by the legislature. The director of financial management shall report the amount and impact of any across-the-board reductions made under this section to the appropriations committee of the house of representatives and the ways and means committee of the senate, or appropriate successor committees, within thirty days of making the reductions.

      (3) Moneys from the higher education personnel board service fund shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the board.

      NEW SECTION. Sec. 307. A new section is added to chapter 28B.16 RCW to read as follows:

      At any time after July 1, 1993, an institution of higher education and the exclusive bargaining representative of a bargaining unit of employees classified under this chapter or chapter 41.06 RCW as appropriate may exercise their option to have their relationship and corresponding obligations governed entirely by the provisions of chapter 41.56 RCW, by filing notice of the parties' intent to be so governed, subject to the mutual adoption of a collective bargaining agreement recognizing the notice of intent. The parties shall provide the notice to the board or its successor and the public employment relations commission. On the first day of the month following the month during which the institution of higher education and the exclusive bargaining representative provide notice to the board or its successor and the public employment relations commission that they have executed an initial collective bargaining agreement recognizing the notice of intent, this chapter shall cease to apply to all employees in the bargaining unit covered by the agreement, and all labor relations functions of the board or its successor with respect to these employees shall be transferred to the public employment relations commission.


PART IV

MISCELLANEOUS


      NEW SECTION. Sec. 401. The sum of . . . . dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from each public four-year institution's and the community colleges' operating fees account established in RCW 28B.15.824 to the respective institution's local account for the purposes of sections 201 through 205 of this act.

      NEW SECTION. Sec. 402. 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. 403. 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 July 1, 1993."


POINT OF INQUIRY


     Senator Bluechel: "Senator Bauer, does this allow collective bargaining for the faculty if they choose at the institutions?"

     Senator Bauer: "It deals with non-faculty."

     Senator Bluechel: "This only deals with non-faculty?"

     Senator Bauer: "Right."


POINT OF INQUIRY


     Senator Anderson: "Senator Bauer, as you know, I came to you on Senate Bills--I had a Senate Bill that asked for increased flexibility for four years for the community college system, the technical colleges, and I have been following this bill throughout the process. I'm very distressed to see an amendment of this magnitude on the desk at the last minute. I have not had a chance to talk to my four-year university--Western--my community college at Whatcom nor my technical college about this, so I am assuming that you got the OKs from the community colleges, the technical colleges and all of the four-year institutions before you would put this out on the desk."

     Senator Bauer: "The testimony that we got in the committee was that all six of the four-year regionals or researchers agreed to this. We are not dealing with the community colleges."

     Senator Anderson: "So, the language contained in this striking amendment, since we did not adopt the committee amendment, is language that they have seen before--the language in your striking amendment since we are not adopting the committee amendment, this language in the striking amendment is language they have seen before?"

     Senator Bauer: "Surely, we in the committee, had adopted an amendment that would have taken everybody out from under the HEC Board and put them under the PERC Board and this language just takes it back to where it was as it came from the House. So, whatever they had understood in the House, is now understood here."


POINT OF INQUIRY


     Senator Bluechel: "Senator Bauer, could you go over the differences in Section 3 of the bill, as the original striking amendment to this striking amendment?"

     Senator Bauer: "The difference, and I'll read it to you, so I won't make an error here. The difference between the striker and the committee amendment--'in this amendment, bargaining units which do not opt out of civil service will continue to have their labor relations activities governed by the Higher Education Personnel Board or any successor to that agency. Only those bargaining units which opt out of civil service will have their labor relations governed by the Public Employment Relations Commission or PERC. This amendment also retains the union-shop provisions that have been established as a result of employee elections throughout the higher education system. So, whatever conditions of employment that were agreed upon by bargaining, while they are under the HEC Board, just moves over under the PERC Board.'"


MOTION


     On motion of Senator Jesernig, further consideration of Engrossed Substitute House Bill No. 1509 was deferred.


SECOND READING


     HOUSE BILL NO. 1689, by Representatives Chappell, Springer, Appelwick, Riley, Campbell, Brough, Basich, J. Kohl and Johanson

 

Making it a misdemeanor to impersonate a law enforcement officer.


     The bill was read the second time.


MOTIONS


     On motion of Senator Adam Smith, the following Committee on Law and Justice amendment was adopted:

     Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 9A.60.040 and 1975 1st ex.s. c 260 s 9A.60.040 are each amended to read as follows:

      (1) A person is guilty of criminal impersonation in the first degree if ((he)) the person:

      (a) Assumes a false identity and does an act in his or her assumed character with intent to defraud another or for any other unlawful purpose; or

      (b) Pretends to be a representative of some person or organization or a public servant and does an act in his or her pretended capacity with intent to defraud another or for any other unlawful purpose.

      (2) Criminal impersonation in the first degree is a gross misdemeanor.

      (3) A person is guilty of criminal impersonation in the second degree if the person:

      (a) Claims to be a law enforcement officer or creates an impression that he or she is a law enforcement officer; and

      (b) Under circumstances not amounting to criminal impersonation in the first degree, does an act with intent to convey the impression that he or she is acting in an official capacity and a reasonable person would believe the person is a law enforcement officer.

      (4) Criminal impersonation in the second degree is a misdemeanor."


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

     On page 1, line 1 of the title, after "officer;" strike the remainder of the title and insert "amending RCW 9A.60.040; and prescribing penalties."


MOTION


     On motion of Senator Adam Smith, the rules were suspended, House Bill No. 1689, 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 Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1689, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1689, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

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

     Absent: Senator Rinehart - 1.

     Excused: Senators Cantu, Moyer, Niemi and Talmadge - 4.

     HOUSE BILL NO. 1689, 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.


MOTION


     On motion of Senator Spanel, Senator Rinehart was excused.


SECOND READING


     HOUSE BILL NO. 1244, by Representatives Franklin, Heavey, King, G. Cole, Springer, Jones and Veloria

 

Providing for payments for time lost from work while attending a medical examination for industrial insurance.


     The bill was read the second time.


MOTION


     On motion of Senator Moore, the rules were suspended, House Bill No. 1244 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

     The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1244.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1244 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.

     Absent: Senator Hargrove - 1.

     Excused: Senators Cantu, Moyer, Niemi, Rinehart and Talmadge - 5.

     HOUSE BILL NO. 1244, 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.


     President Pritchard assumed the Chair.



SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1566, by House Committee on Judiciary (originally sponsored by Representative H. Myers)

 

Changing who gives notice of estate tax findings filings.


     The bill was read the second time.


MOTION


     On motion of Senator Adam Smith, the following Committee on Law and Justice amendment was adopted:

     Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 83.100.160 and 1988 c 64 s 15 are each amended to read as follows:

      Upon filing findings under RCW 83.100.150, the clerk of the superior court shall give notice of the filing ((to all persons interested in the proceeding)) by causing notice thereof to be posted at the courthouse in the county in which the court is located((, and in addition thereto shall mail)). In addition, the department of revenue shall give notice of the filing to all persons interested in the proceeding by mailing a copy of the notice to all persons having an interest in property subject to the tax. The department of revenue is not required to conduct a search for persons interested in the proceedings or property. The department of revenue must mail a copy of the notice only to persons of whom the department has received actual notice as having an interest in the proceeding or property, and, if a probate or administrative proceeding has been commenced in this state, to persons who are listed in the court file as having an interest in the proceedings or property."


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

     On page 1, line 1 of the title, after "filings;" strike the remainder of the title and insert "and amending RCW 83.100.160."



MOTION


     On motion of Senator Adam Smith, the rules were suspended, Substitute House Bill No. 1566, 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. 1566, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1566, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

     Excused: Senators Cantu, Moyer, Niemi, Rinehart and Talmadge - 5.

     SUBSTITUTE HOUSE BILL NO. 1566, 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. 1915, by House Committee on Local Government (originally sponsored by Representatives Patterson, H. Myers, Brough and Valle)

 

Allowing less restrictive easements concerning aircraft noise.


     The bill was read the second time.


MOTION


     On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 1915 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. 1915.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1915 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 6; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 38.

     Voting nay: Senators Amondson, Anderson, Barr, Bluechel, McCaslin and McDonald - 6.

     Excused: Senators Cantu, Moyer, Niemi, Rinehart and Talmadge - 5.

     SUBSTITUTE HOUSE BILL NO. 1915, 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. 1497, by House Committee on Higher Education (originally sponsored by Representative Dellwo)

 

Adopting the approved foreign degree-granting institution branch campus act.


     The bill was read the second time.


MOTION


     On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 1497 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. 1497.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1497 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

     Excused: Senators Cantu, Moyer, Niemi, Rinehart and Talmadge - 5.

     SUBSTITUTE HOUSE BILL NO. 1497, 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 JOINT RESOLUTION NO. 4201, by Representatives Ludwig, Padden, Appelwick, Foreman and Johanson

 

Amending the Constitution to provide that superior courts and district courts have concurrent jurisdiction in cases in equity.


     The joint resolution was read the second time.


MOTION


     On motion of Senator Adam Smith, the rules were suspended, House Joint Resolution No. 4201 was advanced to third reading, the second reading considered the third and the joint resolution was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of House Joint Resolution No. 4201.


ROLL CALL


     The Secretary called the roll on the final passage of House Joint Resolution No. 4201 and the joint resolution passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

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

     Voting nay: Senator Roach - 1.

     Excused: Senators Cantu, Moyer, Niemi and Talmadge - 4.

     HOUSE JOINT RESOLUTION NO. 4201, having received the constitutional majority, was declared passed.


SECOND READING


     HOUSE JOINT MEMORIAL NO. 4008, by Representatives Mastin, Campbell, Horn, Pruitt, Kremen and Long

 

Requesting a full deduction for sales taxes on federal tax returns.


     The joint memorial was read the second time.


MOTION


     On motion of Senator Spanel, the rules were suspended, House Joint Memorial No. 4008 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4008.


ROLL CALL


     The Secretary called the roll on the final passage of House Joint Memorial No. 4008 and the joint memorial passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

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

     Absent: Senator Rinehart - 1.

     Excused: Senators Cantu, Moyer, Niemi and Talmadge - 4.

     HOUSE JOINT MEMORIAL NO. 4008, having received the constitutional majority, was declared passed.


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1129, by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Brown, Schmidt, Brough and Mielke) (by request of Washington State Patrol)

 

Limiting commercial motor vehicle inspections.


     The bill was read the second time.


MOTIONS


     On motion of Senator Vognild, the following Committee on Transportation amendment was adopted:

     On page 4, line 25, after "act" insert ", other than the driver of a bus as defined in section 1(2) of this act,"


     On motion of Senator Vognild, the rules were suspended, Substitute House Bill No. 1129, 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. 1129, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1129, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

     Excused: Senators Cantu, Moyer, Niemi and Talmadge - 4.

     SUBSTITUTE HOUSE BILL NO. 1129, 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


     HOUSE BILL NO. 1644, by Representatives Anderson, Reams, Veloria, Vance, Campbell, Dyer, Pruitt, Conway, Patterson, Brough, King, Springer, Forner, Wineberry and J. Kohl

 

Changing provisions relating to voting by mail.


     The bill was read the second time.


MOTION


     Senator Haugen moved that the following Committee on Government Operations amendment be adopted:

     Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 29.36.120 and 1983 1st ex.s. c 71 s 1 are each amended to read as follows:

      At any primary or election, general or special, the county auditor may, in any precinct having fewer than ((one)) two hundred registered voters at the time of closing of voter registration as provided in RCW 29.07.160, conduct the voting in that precinct by mail ballot. For any precinct having fewer than ((one)) two hundred registered voters where voting at a primary or a general election is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of that primary or general election, mail or deliver to each registered voter within that precinct a notice that the voting in that precinct will be by mail ballot, an application form for a mail ballot, and a postage prepaid envelope, preaddressed to the issuing officer. A mail ballot shall be issued to each voter who returns a properly executed application to the county auditor no later than the day of that primary or general election. Such application is valid for all subsequent mail ballot elections in that precinct so long as the voter remains qualified to vote.

      ((At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.

      In no instance shall any special election be conducted by mail ballot in any precinct with more than one hundred registered voters if candidates for partisan office are to be voted upon.))

      For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of such election, mail or deliver to each registered voter a mail ballot and an envelope, preaddressed to the issuing officer.

      NEW SECTION. Sec. 2. A new section is added to chapter 29.36 RCW to read as follows:

      (1) At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.

      In no instance shall any special election be conducted by mail ballot in any precinct with two hundred or more registered voters if candidates for partisan office are to be voted upon.

      (2) In an odd-numbered year, the county auditor may conduct by mail ballot a primary or a special election concurrently with the primary:

      (a) For any office or ballot measure of a special purpose district which is entirely within the county;

      (b) For any office or ballot measure of a special purpose district which lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and

      (c) For any ballot measure or nonpartisan office of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.

      A primary in an odd-numbered year may not be conducted by mail ballot in any precinct with two hundred or more registered voters if a partisan office or state office or state ballot measure is to be voted upon at that primary in the precinct.

      (3) For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days before the date of such election, mail or deliver to each registered voter a mail ballot and an envelope, preaddressed to the issuing officer. The county auditor shall notify an election jurisdiction for which a primary is to be held that the primary will be conducted by mail ballot.

      (4) To the extent they are not inconsistent with subsections (1) through (3) of this section, the laws governing the conduct of mail ballot special elections apply to nonpartisan primaries conducted by mail ballot.

      Sec. 3. RCW 29.36.122 and 1983 1st ex.s. c 71 s 2 are each amended to read as follows:

      For any special election conducted by mail, the county auditor shall send a mail ballot with a return identification envelope to each registered voter of the district in which the special election is being conducted not sooner than the twenty-fifth day before the date of the election and not later than the fifteenth day before the date of the election. The envelope in which the ballot is mailed ((shall be clearly marked "Do Not Forward - Return to Sender - Return Postage Guaranteed.")) must clearly indicate that the ballot is not to be forwarded and is to be returned to the sender with return postage guaranteed.

      Sec. 4. RCW 29.36.126 and 1983 1st ex.s. c 71 s 4 are each amended to read as follows:

      Upon receipt of the mail ballot, the voter shall mark it, sign the return identification envelope supplied with the ballot, and comply with the instructions provided with the ballot. The voter may return the marked ballot to the county auditor ((by United States mail or to any other place of deposit designated by the county auditor)). The ballot must be returned in the return identification envelope. If mailed, a ballot must be postmarked not later than the date of the election. Otherwise, the ballot must be deposited at the office of the county auditor or the designated place of deposit not later than 8:00 p.m. on the date of the election.

      Sec. 5. RCW 29.36.130 and 1990 c 59 s 76 are each amended to read as follows:

      All mail ballots authorized by RCW 29.36.120 or section 2 of this act shall contain the same offices, names of candidates, and propositions to be voted upon, including precinct offices, as if the ballot had been voted in person at the polling place. Except as otherwise provided in ((RCW 29.36.120 and 29.36.122 through 29.36.126 and 29.36.139, such)) this chapter, mail ballots shall be issued and canvassed in the same manner as absentee ballots issued pursuant to the request of the voter. The county canvassing board, at the request of the county auditor, may direct that mail ballots be counted on the day of the election. If such count is made, it must be done in secrecy in the presence of ((at least three election officials)) the canvassing board or their authorized representatives and the results not revealed to any unauthorized person until ((the polls have closed)) 8:00 p.m. or later if the auditor so directs. If electronic vote tallying devices are used, political party observers shall be afforded the opportunity to be present, and a test of the equipment must be performed as required by RCW 29.33.350 prior to the count of ballots. Political party observers ((shall be allowed to count by hand ballots from up to ten precincts selected by the observers)) may select at random ballots to be counted manually as provided by RCW 29.54.025. Any violation of the secrecy of such count shall be subject to the same penalties as provided for in RCW 29.85.225.

      Sec. 6. RCW 29.36.139 and 1983 1st ex.s. c 71 s 6 are each amended to read as follows:

      (1) A mail ballot shall be counted only if it is returned in the return identification envelope, if the envelope is signed by the registered voter to whom the ballot is issued, and if the signature is verified as provided in this subsection. The county auditor shall verify the signature of each voter on the return identification envelope with the signature on the voter's registration record. ((If the county auditor determines that a registered voter to whom a replacement ballot has been issued has voted more than once, the county auditor shall not count any ballot cast by that voter. The county auditor must notify both the county prosecuting attorney and the state attorney general of every instance in which a voter has voted more than once.)) A person who votes or attempts to vote more than once in a mail ballot election is subject to the penalties provided in chapter 29.85 RCW.

      (2) Any mail ballot may be challenged in the same manner as an absentee ballot.

      Sec. 7. RCW 29.36.150 and 1987 c 346 s 19 are each amended to read as follows:

      The secretary of state shall adopt rules ((not inconsistent with the provisions of this chapter)) to:

      (1) Establish standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of absentee ballots and mail ballots;

      (2) Establish standards and procedures to guarantee the secrecy of absentee ballots and mail ballots;

      (3) Provide uniformity among the counties of the state in the conduct of absentee voting and mail ballot elections; and

      (4) Facilitate the operation of the provisions of this chapter regarding out-of-state voters, overseas voters, and service voters.

      The secretary of state shall produce and furnish envelopes and instructions for out-of-state voters, overseas voters, and service voters to the county auditors.

      Sec. 8. RCW 29.10.180 and 1991 c 363 s 31 are each amended to read as follows:

      (1) The county auditor may enter one or more contracts with the United States postal service, or its licensee, which permit the auditor to use postal service change-of-address information. If the auditor finds that information received under such a contract gives the appearance that a voter has changed his or her residence address, the auditor shall notify the voter concerning the requirements of state and federal laws governing voter registration and residence.

      (2) Whenever any vote-by-mail ballot, notification to voters following reprecincting of the county, notification to voters of selection to serve on jury duty, notification under subsection (1) of this section, or initial voter identification card is returned by the postal service as undeliverable, the county auditor shall, in every instance, inquire into the validity of the registration of that voter.

      (3) The county auditor shall initiate his or her inquiry by sending, by first-class mail, a written notice to the challenged voter at the address indicated on the voter's permanent registration record and to any other address at which the county auditor could reasonably expect mail to be received by the voter. The county auditor shall not request any restriction on the forwarding of such notice by the postal service. The notice shall contain the nature of the inquiry and provide a suitable form for reply. The notice shall also contain a warning that the county auditor must receive a response within ninety days from the date of mailing the notice of inquiry in a case resulting from a returned vote-by-mail ballot or forty-five days from the date of mailing in all other cases or the individual's voter registration will be canceled.

      (4) The voter, in person or in writing, may state that the information on the permanent voter registration record is correct or may request a change in the address information on the permanent registration record no later than the ninetieth day or forty-fifth day, as appropriate, after the date of mailing the inquiry.

      (5) Upon the timely receipt of a response signed by the voter, the county auditor shall consider the inquiry satisfied and will make any address corrections requested by the voter on the permanent registration record. The county auditor shall cancel the registration of a voter who fails to respond to the notice of inquiry within ninety days after the date of mailing the notice in a case resulting from a returned vote-by-mail ballot, or, in all other cases, within forty-five days after the date of mailing.

      (6) The county auditor shall notify any voter whose registration has been canceled by sending, by first class mail, a written notice to the address indicated on the voter's permanent registration record and to any other address to which the original inquiry was sent. Upon receipt of a satisfactory voter response, the auditor shall reinstate the voter.

      (7) A voter whose registration has been canceled under this section and who offers to vote at the next ensuing election shall be issued a questioned ballot. Upon receipt of such a questioned ballot the auditor shall investigate the circumstances surrounding the original cancellation. If he or she determines that the cancellation was in error, the voter's registration shall be immediately reinstated, and the voter's questioned ballot shall be counted. If the original cancellation was not in error, the voter shall be afforded the opportunity to reregister at his or her correct address, and the voter's questioned ballot shall not be counted."


MOTION


     On motion of Senator Jesernig, further consideration of House Bill No. 1644 was deferred.


SECOND READING


     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1744, by House Committee on Appropriations (originally sponsored by Representatives Heavey, G. Cole, Brough and Orr)

 

Changing provisions relating to the LEOFF system.


     The bill was read the second time.


MOTIONS


     On motion of Senator Spanel, the following Committee on Ways and Means amendments were considered simultaneously and were adopted:

     On page 2, line 13, after "beginning" strike "July 1, 1993" and insert "January 1, 1994"

      On page 11, line 8, after "before" strike "July 1, 1993" and insert "January 1, 1994"

      On page 11, at the beginning of line 9, strike "July 1, 1993" and insert "January 1, 1994"

      On page 11, line 16, after "than" strike "July 1, 1994" and insert "January 1, 1995"

      On page 14, beginning on line 16, strike all of section 6 and insert the following:

      "NEW SECTION. Sec. 6. This act shall take effect January 1, 1994."


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

     On page 1, beginning on line 3 of the title, after "41.40 RCW;" strike the remainder of the title and insert "and providing an effective date."


MOTION


     On motion of Senator Spanel, the rules were suspended, Engrossed Substitute House Bill No. 1744, 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 Substitute House Bill No. 1744, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1744, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, McAuliffe, McCaslin, McDonald, Moore, 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 - 45.

     Voting nay: Senators Loveland and Nelson - 2.

     Excused: Senators Cantu and Moyer - 2.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1744, 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.


     There being no objection, the Senate resumed consideration of House Bill No. 1644 and the pending Committee on Government Operations striking amendment, deferred on second reading earlier today.


MOTION


     On motion of Senator Roach, the following amendment by Senators Roach, Rasmussen, Loveland, McAuliffe and Hargrove to the Committee on Government Operations striking amendment was adopted:

     On page 6, after line 33 of the committee amendment, insert the following:

      "NEW SECTION. Sec. 9. A new section is added to chapter 10.64 RCW to read as follows:

      Within fourteen days of the entry of a judgment of conviction of an individual for an infamous crime, the clerk of the court shall send a notice of the conviction including the full name of the defendant and his or her residential address to the county auditor or custodian of voting records in the county of the defendant's residence.

      NEW SECTION. Sec. 10. A new section is added to chapter 29.10 RCW to read as follows:

      Upon receiving notice under section 9 of this act, if the convicted person is a registered voter in the county, the county auditor or custodian of voting records shall strike the name of the defendant from the roll of registered voters."

     The President declared the question before the Senate to be the adoption of the Committee on Government Operations striking amendment, as amended, to House Bill No. 1644.2

     The Committee on Government Operations striking amendment, as amended, to House Bill No. 1644 was adopted.


MOTIONS


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

     On page 1, line 1 of the title, after "mail;" strike the remainder of the title and insert "amending RCW 29.36.120, 29.36.122, 29.36.126, 29.36.130, 29.36.139, 29.36.150, and 29.10.180; adding a new section to chapter 29.36 RCW; and prescribing penalties."

     On page 1, line 7 of the committee amendment, after "RCW" insert "; adding a new section to chapter 10.64 RCW; and adding a new section to chapter 29.10 RCW"


     On motion of Senator Haugen, the rules were suspended, House Bill No. 1644, 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 House Bill No. 1644, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1644, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 0; Excused, 1.

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

     Voting nay: Senators Amondson, Anderson, Barr, Deccio, McCaslin, McDonald, Newhouse, Roach, Sellar and Smith, L. - 10.

     Excused: Senator Cantu - 1.

     HOUSE BILL NO. 1644, 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.


MOTION


     On motion of Senator Jesernig, the Senate commenced consideration of House Bill No. 2066.


SECOND READING


     HOUSE BILL NO. 2066, by Representatives J. Kohl, Wang, G. Cole, Silver, Leonard, R. Fisher, Patterson, Peery, Locke, Pruitt, Brough, Cothern, Appelwick and Eide

 

Changing school levy provisions.


     The bill was read the second time.


MOTION


     On motion of Senator Pelz, the following Committee on Education amendment was not adopted:

     Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 84.52.0531 and 1992 c 49 s 1 are each amended to read as follows:

      The maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows:

      (1) For excess levies for collection in calendar year 1992, the maximum dollar amount shall be calculated pursuant to the laws and rules in effect in November 1991.

      (2) For the purpose of this section, the basic education allocation shall be determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350: PROVIDED, That when determining the basic education allocation under subsection (4) of this section, nonresident full time equivalent pupils who are participating in a program provided for in chapter 28A.545 RCW or in any other program pursuant to an interdistrict agreement shall be included in the enrollment of the resident district and excluded from the enrollment of the serving district.

      (3) For excess levies for collection in calendar year 1993 and thereafter, the maximum dollar amount shall be the sum of (a) and (b) of this subsection minus (c) of this subsection:

      (a) The district's levy base as defined in subsection (4) of this section multiplied by the district's maximum levy percentage as defined in subsection (5) of this section;

      (b) In the case of nonhigh school districts only, an amount equal to the total estimated amount due by the nonhigh school district to high school districts pursuant to chapter 28A.545 RCW for the school year during which collection of the levy is to commence, less the increase in the nonhigh school district's basic education allocation as computed pursuant to subsection (1) of this section due to the inclusion of pupils participating in a program provided for in chapter 28A.545 RCW in such computation;

      (c) The maximum amount of state matching funds under RCW 28A.500.010 for which the district is eligible in that tax collection year.

      (4) For excess levies for collection in calendar year 1993 and thereafter, a district's levy base shall be the sum of allocations in (a) through (c) of this subsection received by the district for the prior school year, including allocations for compensation increases, plus the sum of such allocations multiplied by the percent increase per full time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year and divided by fifty-five percent. A district's levy base shall not include local school district property tax levies or other local revenues, or state and federal allocations not identified in (a) through (c) of this subsection.

      (a) The district's basic education allocation as determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350;

      (b) State and federal categorical allocations for the following programs:

      (i) Pupil transportation;

      (ii) Handicapped education;

      (iii) Education of highly capable students;

      (iv) Compensatory education, including but not limited to learning assistance, migrant education, Indian education, refugee programs, and bilingual education;

      (v) Food services; and

      (vi) State-wide block grant programs; and

      (c) Any other federal allocations for elementary and secondary school programs, including direct grants, other than federal impact aid funds and allocations in lieu of taxes.

      (5) For excess levies for collection in calendar year 1993 and thereafter, a district's maximum levy percentage shall be determined as follows:

      (a) Multiply the district's maximum levy percentage for the prior year by the district's levy base as determined in subsection (4) of this section;

      (b) Reduce the amount in (a) of this subsection by the total estimated amount of any levy reduction funds as defined in subsection (6) of this section which are to be allocated to the district for the current school year;

      (c) Divide the amount in (b) of this subsection by the district's levy base to compute a new percentage; and

      (d) The percentage in (c) of this subsection or twenty percent, whichever is greater, shall be the district's maximum levy percentage for levies collected in that calendar year.

      (e) For levies to be collected in calendar years 1994, 1995, 1996, and 1997, the maximum levy rate shall be the district's maximum levy percentage for 1993 plus five percent reduced by any levy reduction funds. For levies collected in 1998, the prior year shall mean 1993.

      (6) "Levy reduction funds" shall mean increases in state funds from the prior school year for programs included under subsection (4) of this section: (a) That are not attributable to enrollment changes, compensation increases, or inflationary adjustments; and (b) that are or were specifically identified as levy reduction funds in the appropriations act. If levy reduction funds are dependent on formula factors which would not be finalized until after the start of the current school year, the superintendent of public instruction shall estimate the total amount of levy reduction funds by using prior school year data in place of current school year data. Levy reduction funds shall not include moneys received by school districts from cities or counties.

      (7) For the purposes of this section, "prior school year" shall mean the most recent school year completed prior to the year in which the levies are to be collected.

      (8) For the purposes of this section, "current school year" shall mean the year immediately following the prior school year.

      (9) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section.

      Sec. 2. RCW 28A.500.010 and 1992 c 49 s 2 are each amended to read as follows:

      (1) Commencing with taxes assessed in ((1988)) 1993 to be collected in calendar year ((1989)) 1994 and thereafter, in addition to a school district's other general fund allocations, each eligible district shall be provided local effort assistance funds as provided in this section. Such funds are not part of the district's basic education allocation. ((For the first distribution of local effort assistance funds provided under this section in calendar year 1989, state funds may be prorated according to the formula in this section.))

      (2)(a) "Prior tax collection year" shall mean the year immediately preceding the year in which the local effort assistance shall be allocated.

      (b) The "state-wide average ((ten)) thirteen and three-tenths percent levy rate" shall mean ((ten)) thirteen and three-tenths percent of the total levy bases as defined in RCW 84.52.0531(4) summed for all school districts, and divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as adjusted to one hundred percent by the county indicated ratio established in RCW 84.48.075.

      (c) The "((ten)) thirteen and three-tenths percent levy rate" of a district shall mean:

      (i) ((Ten)) Thirteen and three-tenths percent of the district's levy base as defined in RCW 84.52.0531(4), plus one-half of any amount computed under RCW 84.52.0531(3)(b) in the case of nonhigh school districts; divided by

      (ii) The district's assessed valuation for excess levy purposes for the prior tax collection year as adjusted to one hundred percent by the county indicated ratio.

      (d) "Eligible districts" shall mean those districts with a ((ten)) thirteen and three-tenths percent levy rate which exceeds the state-wide average ((ten)) thirteen and three-tenths percent levy rate.

      (3) Allocation of state matching funds to eligible districts for local effort assistance shall be determined as follows:

      (a) Funds raised by the district through maintenance and operation levies during that tax collection year shall be matched with state funds using the following ratio of state funds to levy funds: (i) The difference between the district's ((ten)) thirteen and three-tenths percent levy rate and the state-wide average ((ten)) thirteen and three-tenths percent levy rate; to (ii) the state-wide average ((ten)) thirteen and three-tenths percent levy rate.

      (b) The maximum amount of state matching funds for which a district may be eligible in any tax collection year shall be ((ten)) thirteen and three-tenths percent of the district's levy base as defined in RCW 84.52.0531(4), multiplied by the following percentage: (i) The difference between the district's ((ten)) thirteen and three-tenths percent levy rate and the state-wide average ((ten)) thirteen and three-tenths percent levy rate; divided by (ii) the district's ((ten)) thirteen and three-tenths percent levy rate.

      (4)(((a) Through tax collection year 1992, fifty-five percent of local effort assistance funds shall be distributed to qualifying districts during the applicable tax collection year on or before June 30 and forty-five percent shall be distributed on or before December 31 of any year.

      (b))) In tax collection year 1993 and thereafter, local effort assistance funds shall be distributed to qualifying districts as follows:

      (((i))) (a) Thirty percent in April;

      (((ii))) (b) Twenty-three percent in May;

      (((iii))) (c) Two percent in June;

      (((iv) Twenty-six)) (d) Seventeen percent in August;

      (e) Nine percent in October;

      (((v))) (f) Seventeen percent in November; and

      (((vi))) (g) Two percent in December.

      NEW SECTION. Sec. 3. Section 2 of this act shall expire December 31, 1997."


MOTION


     On motion of Senator Pelz, the following amendment by Senators Pelz, Anderson, Gaspard, Rinehart and McDonald was adopted:

     Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 84.52.0531 and 1992 c 49 s 1 are each amended to read as follows:

      The maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows:

      (1) For excess levies for collection in calendar year 1992, the maximum dollar amount shall be calculated pursuant to the laws and rules in effect in November 1991.

      (2) For the purpose of this section, the basic education allocation shall be determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350: PROVIDED, That when determining the basic education allocation under subsection (4) of this section, nonresident full time equivalent pupils who are participating in a program provided for in chapter 28A.545 RCW or in any other program pursuant to an interdistrict agreement shall be included in the enrollment of the resident district and excluded from the enrollment of the serving district.

      (3) For excess levies for collection in calendar year 1993 and thereafter, the maximum dollar amount shall be the sum of (a) and (b) of this subsection minus (c) of this subsection:

      (a) The district's levy base as defined in subsection (4) of this section multiplied by the district's maximum levy percentage as defined in subsection (5) of this section;

      (b) In the case of nonhigh school districts only, an amount equal to the total estimated amount due by the nonhigh school district to high school districts pursuant to chapter 28A.545 RCW for the school year during which collection of the levy is to commence, less the increase in the nonhigh school district's basic education allocation as computed pursuant to subsection (1) of this section due to the inclusion of pupils participating in a program provided for in chapter 28A.545 RCW in such computation;

      (c) The maximum amount of state matching funds under RCW 28A.500.010 for which the district is eligible in that tax collection year.

      (4) For excess levies for collection in calendar year 1993 and thereafter, a district's levy base shall be the sum of allocations in (a) through (c) of this subsection received by the district for the prior school year, including allocations for compensation increases, plus the sum of such allocations multiplied by the percent increase per full time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year and divided by fifty-five percent. A district's levy base shall not include local school district property tax levies or other local revenues, or state and federal allocations not identified in (a) through (c) of this subsection.

      (a) The district's basic education allocation as determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350;

      (b) State and federal categorical allocations for the following programs:

      (i) Pupil transportation;

      (ii) Handicapped education;

      (iii) Education of highly capable students;

      (iv) Compensatory education, including but not limited to learning assistance, migrant education, Indian education, refugee programs, and bilingual education;

      (v) Food services; and

      (vi) State-wide block grant programs; and

      (c) Any other federal allocations for elementary and secondary school programs, including direct grants, other than federal impact aid funds and allocations in lieu of taxes.

      (5) For excess levies for collection in calendar year 1993 and thereafter, a district's maximum levy percentage shall be determined as follows:

      (a) Multiply the district's maximum levy percentage for the prior year by the district's levy base as determined in subsection (4) of this section;

      (b) Reduce the amount in (a) of this subsection by the total estimated amount of any levy reduction funds as defined in subsection (6) of this section which are to be allocated to the district for the current school year;

      (c) Divide the amount in (b) of this subsection by the district's levy base to compute a new percentage; and

      (d) The percentage in (c) of this subsection or twenty percent, whichever is greater, shall be the district's maximum levy percentage for levies collected in that calendar year.

      (e) For levies to be collected in calendar years 1994 and 1995 the maximum levy rate shall be the district's maximum levy percentage for 1993 plus four percent reduced by any levy reduction funds. For levies collected in 1996, the prior year shall mean 1993.

      (6) "Levy reduction funds" shall mean increases in state funds from the prior school year for programs included under subsection (4) of this section: (a) That are not attributable to enrollment changes, compensation increases, or inflationary adjustments; and (b) that are or were specifically identified as levy reduction funds in the appropriations act. If levy reduction funds are dependent on formula factors which would not be finalized until after the start of the current school year, the superintendent of public instruction shall estimate the total amount of levy reduction funds by using prior school year data in place of current school year data. Levy reduction funds shall not include moneys received by school districts from cities or counties.

      (7) For the purposes of this section, "prior school year" shall mean the most recent school year completed prior to the year in which the levies are to be collected.

      (8) For the purposes of this section, "current school year" shall mean the year immediately following the prior school year.

      (9) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section.

      Sec. 2. RCW 28A.500.010 and 1992 c 49 s 2 are each amended to read as follows:

      (1) Commencing with taxes assessed in ((1988)) 1993 to be collected in calendar year ((1989)) 1994 and thereafter, in addition to a school district's other general fund allocations, each eligible district shall be provided local effort assistance funds as provided in this section. Such funds are not part of the district's basic education allocation. For ((the first)) distribution of local effort assistance funds provided under this section in calendar years ((1989)) 1994 and 1995, state funds may be prorated ((according to the formula in this section)) as provided in the omnibus appropriations act.

      (2)(a) "Prior tax collection year" shall mean the year immediately preceding the year in which the local effort assistance shall be allocated.

      (b) The "state-wide average ((ten)) twelve percent levy rate" shall mean ((ten)) twelve percent of the total levy bases as defined in RCW 84.52.0531(4) summed for all school districts, and divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as adjusted to one hundred percent by the county indicated ratio established in RCW 84.48.075.

      (c) The "((ten)) twelve percent levy rate" of a district shall mean:

      (i) ((Ten)) twelve percent of the district's levy base as defined in RCW 84.52.0531(4), plus one-half of any amount computed under RCW 84.52.0531(3)(b) in the case of nonhigh school districts; divided by

      (ii) The district's assessed valuation for excess levy purposes for the prior tax collection year as adjusted to one hundred percent by the county indicated ratio.

      (d) "Eligible districts" shall mean those districts with a ((ten)) twelve percent levy rate which exceeds the state-wide average ((ten)) twelve percent levy rate.

      (3) Allocation of state matching funds to eligible districts for local effort assistance shall be determined as follows:

      (a) Funds raised by the district through maintenance and operation levies during that tax collection year shall be matched with state funds using the following ratio of state funds to levy funds: (i) The difference between the district's ((ten)) twelve percent levy rate and the state-wide average ((ten)) twelve percent levy rate; to (ii) the state-wide average ((ten)) twelve percent levy rate.

      (b) The maximum amount of state matching funds for which a district may be eligible in any tax collection year shall be ((ten)) twelve percent of the district's levy base as defined in RCW 84.52.0531(4), multiplied by the following percentage: (i) The difference between the district's ((ten)) twelve percent levy rate and the state-wide average ((ten)) twelve percent levy rate; divided by (ii) the district's ((ten)) twelve percent levy rate.

      (4)(((a) Through tax collection year 1992, fifty-five percent of local effort assistance funds shall be distributed to qualifying districts during the applicable tax collection year on or before June 30 and forty-five percent shall be distributed on or before December 31 of any year.

      (b))) In tax collection year 1993 and thereafter, local effort assistance funds shall be distributed to qualifying districts as follows:

      (((i))) (a) Thirty percent in April;

      (((ii))) (b) Twenty-three percent in May;

      (((iii))) (c) Two percent in June;

      (((iv) Twenty-six)) (d) Seventeen percent in August;

      (e) Nine percent in October;

      (((v))) (f) Seventeen percent in November; and

      (((vi))) (g) Two percent in December.

      NEW SECTION. Sec. 3. Section 2 of this act shall expire December 31, 1995."


MOTIONS


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

     On page 1, line 1 of the title, after "levies;" strike the remainder of the title and insert "amending RCW 84.52.0531 and 28A.500.010; and providing an expiration date."


     On motion of Senator Pelz, the rules were suspended, House Bill No. 2066, 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 House Bill No. 2066, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 2066, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 15; Absent, 0; Excused, 1.

     Voting yea: Senators Anderson, Barr, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, McAuliffe, McDonald, Moore, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Skratek, Smith, A., Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Winsley and Wojahn - 33.

     Voting nay: Senators Amondson, Bauer, Deccio, Haugen, Jesernig, Loveland, McCaslin, Newhouse, Rasmussen, M., Sellar, Sheldon, Smith, L., Snyder, West and Williams - 15.

     Excused: Senator Cantu - 1.

     HOUSE BILL NO. 2066, 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


     HOUSE BILL NO. 1757, by Representatives Heavey, Veloria, Brumsickle, Lisk and King

 

Requiring continuing education for electricians.


     The bill was read the second time.


MOTION


     On motion of Senator Moore, the rules were suspended, House Bill No. 1757 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. 1757.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1757 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

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

     Voting nay: Senators Oke and Williams - 2.

     Excused: Senator Cantu - 1.

     HOUSE BILL NO. 1757, 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 Spanel, Senator Loveland was excused.


SECOND READING


     HOUSE BILL NO. 1812, by Representatives Jones, Dorn, R. Meyers, Schmidt, Pruitt, Kessler, Karahalios and Carlson

 

Changing teacher evaluations for teachers with at least four years of satisfactory evaluations.


     The bill was read the second time.


MOTION


     On motion of Senator Pelz, the rules were suspended, House Bill No. 1812 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 House Bill No. 1812.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1812 and the bill failed to pass the Senate by the following vote: Yeas, 23; Nays, 24; Absent, 0; Excused, 2.

     Voting yea: Senators Drew, Gaspard, Hargrove, Haugen, McAuliffe, McCaslin, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland and Williams - 23.

     Voting nay: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Erwin, Franklin, Fraser, Hochstatter, Jesernig, McDonald, Moore, Moyer, Newhouse, Prince, Quigley, Roach, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 24.

     Excused: Senators Cantu and Loveland - 2.

     HOUSE BILL NO. 1812, having failed to receive the constitutional majority, was declared lost.


NOTICE FOR RECONSIDERATION


     Having voted on the prevailing side, Senator Jesernig served notice that he would move to reconsider the vote by which House Bill No. 1812 failed to pass the Senate.


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1028, by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives H. Myers, Vance, Jones, Orr, Flemming, Springer, Shin, Dunshee and Chappell)

 

Allowing live-in care at mobile home parks.


     The bill was read the second time.


MOTION


     On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 1028 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 House Bill No. 1028.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1028 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, 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 - 45.

     Voting nay: Senators Haugen and McCaslin - 2.

     Excused: Senators Cantu and Loveland - 2.

     SUBSTITUTE HOUSE BILL NO. 1028, 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. 2028, by Representatives Orr and Wolfe

 

Requiring notice to retirement system members who are eligible to restore contributions.


     The bill was read the second time.


MOTIONS


     On motion of Senator Spanel, the following Committee on Ways and Means amendments were considered simultaneously and were adopted:

     On page 1, at the beginning of line 7, insert "(1)"

     On page 1, after line 14, insert the following:

     "(2) Neither this section nor any other provision in this chapter or chapter 41.26, 41.32, 41.40, 41.54, or 43.43 RCW authorize the extension of statutory restore deadlines for members who do not receive notice of their eligibility to restore withdrawn contributions. This subsection applies retroactively to restoration periods which expired prior to the effective date of this act."


     On motion of Senator Spanel, the following Committee on Ways and Means amendment was adopted:

     On page 1, after line 14, insert the following:

      "Sec. 2. RCW 41.40.058 and 1987 c 417 s 1 are each amended to read as follows:

      (1) Any person who was a member of the state-wide city employees' retirement system governed by chapter 41.44 RCW and who also became a member of the public employees' retirement system on or before July 26, 1987, may, in a writing filed with the director, elect to:

      (a) Transfer to the public employees' retirement system all service currently credited under chapter 41.44 RCW;

      (b) Reestablish and transfer to the public employees' retirement system all service which was previously credited under chapter 41.44 RCW but which was canceled by discontinuance of service and withdrawal of accumulated contributions as provided in RCW 41.44.190. The service may be reestablished and transferred only upon payment by the member to the employees' savings fund of the public employees' retirement system of the amount withdrawn plus interest thereon from the date of withdrawal until the date of payment at a rate determined by the director. No additional payments are required for service credit described in this subsection if already established under this chapter; and

      (c) Establish service credit for the initial period of employment not to exceed six months, prior to establishing membership under chapter 41.44 RCW, upon payment in full by the member of the total employer's contribution to the benefit account fund of the public employees' retirement system that would have been made under this chapter when the initial service was rendered. The payment shall be based on the first month's compensation earnable as a member of the state-wide city employees' retirement system and as defined in RCW 41.44.030(13). However, a person who has established service credit under RCW 41.40.010(((11)))(13) (c) or (d) shall not establish additional credit under this subsection nor may anyone who establishes credit under this subsection establish any additional credit under RCW 41.40.010(((11)))(13) (c) or (d). No additional payments are required for service credit described in this subsection if already established under this chapter.

      (2)(a) In the case of a member of the public employees' retirement system who is employed by an employer on July 26, 1987, the written election required by subsection (1) of this section must be filed and the payments required by subsection (1)(b) and (c) of this section must be completed ((in full within one year after July 26, 1987)) by December 31, 1993.

      (b) In the case of a former member of the public employees' retirement system who is not employed by an employer on July 26, 1987, the written election must be filed and the payments must be completed in full within one year after reemployment by an employer.

      (c) In the case of a retiree receiving a retirement allowance from the public employees' retirement system on July 26, 1987, or any person having vested rights as described in RCW 41.40.150 (((3) or (5))) (4), the written election may be filed and the payments may be completed at any time.

      (3) Upon receipt of the written election and payments required by subsection (1) of this section from any retiree described in subsection (2)(c) of this section, the department shall recompute the retiree's allowance in accordance with this section and shall pay any additional benefit resulting from such recomputation retroactively to the date of retirement from the system governed by this chapter."

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


MOTION


     On motion of Senator Spanel, the following Committee on Ways and Means amendment was adopted:

     On page 1, after line 14, insert the following:

      "NEW SECTION. Sec. 2. A new section is added to chapter 41.40 RCW, under the subchapter heading "plan I," to read as follows:

      Any active member or separated member who was not eligible to restore contributions under section 3, chapter 317, Laws of 1986, solely because he or she was an elected official, other than an elected official under Articles II or III of the Constitution of the state of Washington, shall be permitted to restore withdrawn contributions for periods of nonelected service no later than June 30, 1994, with interest as determined by the director."

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


MOTIONS


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

     On page 1, line 2 of the title, after "contributions;" insert "amending RCW 41.40.058;"

     On page 1, line 3 of the title, after "41.50 RCW;" insert "adding a new section to chapter 41.40 RCW;"


     On motion of Senator Spanel, the rules were suspended, House Bill No. 2028, 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 House Bill No. 2028, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 2028, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, 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 - 47.

     Absent: Senator Pelz - 1.

     Excused: Senator Cantu - 1.

     HOUSE BILL NO. 2028, 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 SUBSTITUTE HOUSE BILL NO. 1758, by House Committee on Appropriations (originally sponsored by Representatives Chappell, Brumsickle, Orr, Springer, Riley and Sheldon)

 

Including public safety directors in the definition of "law enforcement officer."


     The bill was read the second time.


MOTION


     On motion of Senator Spanel, the rules were suspended, Engrossed Substitute House Bill No. 1758 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 House Bill No. 1758.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1758 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, 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 - 47.

     Voting nay: Senator Loveland - 1.

     Excused: Senator Cantu - 1.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1758, 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 Senate resumed consideration of Engrossed Substitute House Bill No. 1509 and the pending striking amendment by Senator Bauer, deferred on second reading earlier today.

     The President declared the question before the Senate to be the adoption of the striking amendment by Senator Bauer to Engrossed Substitute House Bill No. 1509.

     The striking amendment by Senator Bauer to Engrossed Substitute House Bill No. 1509 was adopted.


MOTIONS


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

     On page 1, line 3 of the title, after "tuition;" strike the remainder of the title and insert "amending RCW 43.19.190, 43.19.1906, 43.78.030, 43.78.100, 43.78.110, 28B.50.330, 28B.10.350, 28B.10.355, 39.04.020, 39.04.150, 28B.15.031, 28B.15.202, 28B.15.402, 28B.15.502, 41.58.020, 28B.16.040, and 28B.16.200; reenacting and amending RCW 41.56.030; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 43.78 RCW; adding a new section to chapter 28B.15 RCW; adding new sections to chapter 41.56 RCW; adding a new section to chapter 28B.16 RCW; creating a new section; repealing RCW 28B.15.824; making an appropriation; providing an effective date; and declaring an emergency."


     On motion of Senator Bauer, the rules were suspended, Engrossed Substitute House Bill No. 1509, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


     On motion of Senator Jesernig, further consideration of Engrossed Substitute House Bill No. 1509, as amended by the Senate, was deferred.


MOTION


     At 5:46 p.m., on motion of Senator Jesernig, the Senate recessed until 6:30 p.m.


     The Senate was called to order at 7:29 p.m. by President Pritchard.


MOTION


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


MESSAGES FROM THE HOUSE


April 13, 1993


MR. PRESIDENT:

     The Speaker has signed:

     ENGROSSED SENATE BILL NO. 5101,

     SENATE BILL NO. 5139,

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5320,

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5515,

     SUBSTITUTE SENATE BILL NO. 5535,

     SENATE BILL NO. 5597,

     SENATE BILL NO. 5660,

     SUBSTITUTE SENATE BILL NO. 5699,

     SUBSTITUTE SENATE BILL NO. 5744, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


April 15, 1993


MR. PRESIDENT:

     The Speaker has signed:

     HOUSE BILL NO. 1041,

     HOUSE BILL NO. 1346,

     SUBSTITUTE HOUSE BILL NO. 1367,

     SUBSTITUTE HOUSE BILL NO. 1389,

     HOUSE BILL NO. 1477,

     SUBSTITUTE HOUSE BILL NO. 1555,

     HOUSE BILL NO. 1838,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1849,

     HOUSE BILL NO. 2069, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


April 15, 1993


MR. PRESIDENT:

     The House has passed:

     SENATE BILL NO. 5060,

     SECOND SUBSTITUTE SENATE BILL NO. 5288,

     SUBSTITUTE SENATE BILL NO. 5337,

     SENATE BILL NO. 5455,

     SENATE BILL NO. 5494, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


April 15, 1993


MR. PRESIDENT:

     The House has passed:

     SUBSTITUTE SENATE BILL NO. 5471,

     SUBSTITUTE SENATE BILL NO. 5479,

     SUBSTITUTE SENATE BILL NO. 5520,

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5615,

     SENATE BILL NO. 5689,

     SUBSTITUTE SENATE BILL NO. 5878, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


SIGNED BY THE PRESIDENT


     The President signed:

     SENATE BILL NO. 5060,

     SECOND SUBSTITUTE SENATE BILL NO. 5288,

     SUBSTITUTE SENATE BILL NO. 5337,

     SENATE BILL NO. 5455,

     SENATE BILL NO. 5494.


SIGNED BY THE PRESIDENT


     The President signed:

     HOUSE BILL NO. 1041,

     HOUSE BILL NO. 1346,

     SUBSTITUTE HOUSE BILL NO. 1367,

     SUBSTITUTE HOUSE BILL NO. 1389,

     HOUSE BILL NO. 1477,

     SUBSTITUTE HOUSE BILL NO. 1555,

     HOUSE BILL NO. 1838,

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1849,

     HOUSE BILL NO. 2069.


SIGNED BY THE PRESIDENT


     The President signed:

     SUBSTITUTE SENATE BILL NO. 5471,

     SUBSTITUTE SENATE BILL NO. 5479,

     SUBSTITUTE SENATE BILL NO. 5520,

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5615,

     SENATE BILL NO. 5689,

     SUBSTITUTE SENATE BILL NO. 5878.


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

     There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 1509, as amended by the Senate, deferred on third reading earlier today.


MOTIONS


     On motion of Senator Bauer, the rules were suspended, Engrossed Substitute Senate Bill No. 1509, as amended by the Senate, was returned to second reading and read the second time.


     On motion of Senator Bauer, the following amendment by Senators Bauer and Anderson was adopted:

     On page 24, line 31, after "increases" insert "from local efficiency savings"


MOTION


     On motion of Senator Bauer, the rules were suspended, Engrossed Substitute House Bill No. 1509, as amended by the Senate under suspension of the Rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTIONS


     On motion of Senator Wojahn, Senator Franklin was excused.

     On motion of Senator Spanel, Senators Niemi and Owen were excused.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1509, as amended by the Senate, under suspension of the rules.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1509, as amended by the Senate, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 4; Absent, 1; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Bauer, Deccio, Drew, Erwin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 40.

     Voting nay: Senators Barr, Bluechel, Hochstatter and Prince - 4.

     Absent: Senator McCaslin - 1.

     Excused: Senators Cantu, Franklin, Niemi and Owen - 4.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509, as amended by the Senate, under suspension of the rules, 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. 1085, by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Jacobsen, Pruitt, Romero, J. Kohl, Leonard, Basich, Shin, Wood, Dunshee, R. Meyers, Brough, Kessler, Johanson and Wolfe)

 

Authorizing institutions of higher education to develop and fund transportation demand management programs.


     The bill was read the second time.


MOTION


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

     On page 3, line 14, after "exceed" strike "ten percent of the tuition and services and activities fees rate for resident undergraduate students." and insert "thirty percent of the rate established for services and activities fees, unless a majority of students consent through a vote to increase the transportation fee. If the board chooses to go to the students for an increase, the new transportation fee shall not exceed the full rate established for the services and activities fees. Technical colleges may impose the equivalent amount for their transportation fee."


MOTIONS


     On motion of Senator Prince, the following amendment by Senators Prince and Vognild was adopted:

     On page 3, line 13, after "students" strike everything through "students." on line 15 and insert "attending community colleges and technical colleges, the mandatory transportation fee shall not exceed sixty percent of the maximum rate permitted for services and activities fees at community colleges, unless, through a vote, a majority of students consent to increase the transportation fee. For students attending four-year institutions of higher education, the mandatory transportation fee shall not exceed thirty-five percent of the maximum rate permitted for services and activities fees at the institution unless, through a vote, a majority of students consent to increase the transportation fee."


     On motion of Senator Vognild, the rules were suspended, Engrossed Substitute House Bill No. 1085, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


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 Substitute House Bill No. 1085, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1085, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Newhouse, Oke, 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 - 43.

     Voting nay: Senator Nelson - 1.

     Excused: Senators Cantu, Franklin, McCaslin, Niemi and Owen - 5.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1085, 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 SUBSTITUTE HOUSE BILL NO. 2071, by House Committee on Health Care (originally sponsored by Representatives L. Johnson, Dellwo, Quall, Campbell and Karahalios)

 

Regulating access to tobacco.


     The bill was read the second time.


MOTIONS


     Senator Talmadge moved that the following Committee on Health and Human Services amendment be adopted:

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that while present state law prohibits the sale and distribution of tobacco to minors, youth obtain tobacco products with ease. Availability and lack of enforcement put tobacco products in the hands of youth.

      Federal law requires states to enforce laws prohibiting sale and distribution of tobacco products to minors in a manner that can reasonably be expected to reduce the extent to which the products are available to minors. It is imperative to effectively reduce the sale, distribution, and availability of tobacco products to minors.

      NEW SECTION. Sec. 2. The definitions set forth in RCW 82.24.010 shall apply to sections 3 through 14 of this act. In addition, for the purposes of this chapter, unless otherwise required by the context:

      (1) "Board" means the Washington state liquor control board.

      (2) "Minor" refers to an individual who is less than eighteen years old.

      (3) "Public place" means a public street, sidewalk, or park, or any area open to the public in a publicly owned and operated building.

      (4) "Sample" means a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotion purposes.

      (5) "Sampler" means a person engaged in the business of sampling other than a retailer.

      (6) "Sampling" means the distribution of samples to members of the general public in a public place.

      (7) "Tobacco product" means a product that contains tobacco and is intended for human consumption.

      NEW SECTION. Sec. 3. A person who holds a license issued under RCW 82.24.520 or 82.24.530 shall:

      (1) Display the license or a copy in a prominent location at the outlet for which the license is issued; and

      (2) Display a sign concerning the prohibition of tobacco sales to minors.

      Such sign shall:

      (a) Be posted so that it is clearly visible to anyone purchasing tobacco products from the licensee;

      (b) Be designed and produced by the department of health to read: "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER AGE 18 IS STRICTLY PROHIBITED BY STATE LAW. IF YOU ARE UNDER 18, YOU COULD BE PENALIZED FOR PURCHASING A TOBACCO PRODUCT; PHOTO ID REQUIRED"; and

      (c) Be provided free of charge by the liquor control board.

      NEW SECTION. Sec. 4. No person shall sell or permit to be sold any tobacco product through any device that mechanically dispenses tobacco products unless the device is located fully within premises from which minors are prohibited or in industrial worksites where minors are not employed and not less than ten feet from all entrance or exit ways to and from each premises.

      NEW SECTION. Sec. 5. No person shall sell or permit to be sold cigarettes not in the original unopened package or container to which the stamps required by RCW 82.24.060 have been affixed.

      This section does not apply to the sale of loose leaf tobacco by a retail business that generates a minimum of sixty percent of annual gross sales from the sale of tobacco products.

      NEW SECTION. Sec. 6. (1) No person may engage in the business of sampling within the state unless licensed to do so by the board. If a firm contracts with a manufacturer to distribute samples of the manufacturer's products, that firm is deemed to be the person engaged in the business of sampling.

      (2) The board shall issue a license to a sampler not otherwise disqualified by section 11 of this act upon application and payment of the fee.

      (3) A sampler's license expires on the thirtieth day of June of each year and must be renewed annually upon payment of the appropriate fee.

      (4) The board shall annually determine the fee for a sampler's license and each renewal. However, the fee for a manufacturer whose employees distribute samples within the state is five hundred dollars per annum, and the fee for all other samplers must be not less than fifty dollars per annum.

      (5) A sampler's license entitles the licensee, and employees or agents of the licensee, to distribute samples at any lawful location in the state during the term of the license. A person engaged in sampling under the license shall carry the license or a copy at all times.

      NEW SECTION. Sec. 7. (1) No person may distribute or offer to distribute samples in a public place. This prohibition does not apply to sampling (a) in an area to which persons under the age of eighteen are denied admission, (b) in or at a store or concession to which a retailer's license has been issued, or (c) at or adjacent to a production, repair, or outdoor construction site or facility.

      (2) Notwithstanding subsection (1) of this section, no person may distribute or offer to distribute samples in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when that facility is being used primarily by persons under the age of eighteen for recreational, educational, or other purposes.

      NEW SECTION. Sec. 8. No person shall give or distribute cigarettes or other tobacco products to a person by a coupon if such coupon is redeemed in any manner that does not require an in-person transaction in a retail store.

      NEW SECTION. Sec. 9. A person under the age of eighteen who purchases or attempts to purchase or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to a fine as set out in chapter 7.80 RCW or participation in a smoking cessation program, or both. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department activity.

      NEW SECTION. Sec. 10. (1) Where there may be a question of a person's right to purchase or obtain tobacco products by reason of age, the retailer, sampler, or agent thereof, shall require the purchaser to present any one of the following officially issued identification that shows the purchaser's age and bears his or her signature and photograph: Liquor control authority card of identification of a state or province of Canada; driver's license, instruction permit, or identification card of a state or province of Canada; "identicard" issued by the Washington state department of licensing under chapter 46.20 RCW; United States military identification; passport; or merchant marine identification card issued by the United States coast guard.

      (2) It is a defense to a prosecution under RCW 26.28.080(4) that the person making a sale reasonably relied on any of the officially issued identification as defined in subsection (1) of this section. The liquor control board shall waive the suspension or revocation of a license if the licensee clearly establishes that he or she acted in good faith to prevent violations and a violation occurred despite the licensee's exercise of due diligence.

      NEW SECTION. Sec. 11. (1) The liquor control board may suspend or revoke a retailer's license held by a business at any location, or may impose a monetary penalty as set forth in subsection (2) of this section, if the liquor control board finds that the licensee has violated RCW 26.28.080(4), or section 3, 4, 5, 6, 7, 8, or 10 of this act.

      (2) The sanctions that the liquor control board may impose against a person licensed under RCW 82.24.530 and sections 6 and 7 of this act based upon one or more findings under subsection (1) of this section may not exceed the following:

      (a) For violation of RCW 26.28.080(4) or section 3 of this act:

      (i) A monetary penalty of one hundred dollars for the first violation within any two-year period;

      (ii) A monetary penalty of three hundred dollars for the second violation within any two-year period;

      (iii) A monetary penalty of one thousand dollars and suspension of the license for a period of six months for the third violation within any two-year period;

      (iv) A monetary penalty of one thousand five hundred dollars and suspension of the license for a period of twelve months for the fourth violation within any two-year period;

      (v) Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any two-year period;

      (b) For violations of section 4 of this act, a monetary penalty in the amount of one hundred dollars for each day upon which such violation occurred;

      (c) For violations of section 5 of this act occurring on the licensed premises:

      (i) A monetary penalty of one hundred dollars for the first violation within any two-year period;

      (ii) A monetary penalty of three hundred dollars for the second violation within any two-year period;

      (iii) A monetary penalty of one thousand dollars and suspension of the license for a period of six months for the third violation within any two-year period;

      (iv) A monetary penalty of one thousand five hundred dollars and suspension of the license for a period of twelve months for the fourth violation within any two-year period;

      (v) Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any two-year period;

      (d) For violations of sections 6 and 7 of this act, a monetary penalty in the amount of three hundred dollars for each violation;

      (e) For violations of section 8 of this act, a monetary penalty in the amount of one thousand dollars for each violation.

      (3) The liquor control board may impose a monetary penalty upon any person other than a licensed cigarette retailer or licensed sampler if the liquor control board finds that the person has violated RCW 26.28.080(4), or section 3, 4, 5, 6, 7, 8, or 10 of this act.

      (4) The monetary penalty that the liquor control board may impose based upon one or more findings under subsection (3) of this section may not exceed the following:

      (a) For violation of RCW 26.28.080(4) or section 3 of this act, fifty dollars for the first violation and one hundred dollars for each subsequent violation;

      (b) For violations of section 4 of this act, one hundred dollars for each day upon which such violation occurred;

      (c) For violations of section 5 of this act, one hundred dollars for each violation;

      (d) For violations of sections 6 and 7 of this act, three hundred dollars for each violation;

      (e) For violations of section 8 of this act, one thousand dollars for each violation.

      (5) The liquor control board may develop and offer a class for retail clerks and use this class in lieu of a monetary penalty for the clerk's first violation.

      (6) The liquor control board may issue a cease and desist order to any person who is found by the liquor control board to have violated or intending to violate the provisions of this chapter, RCW 26.28.080(4) or 82.24.500, requiring such person to cease specified conduct that is in violation. The issuance of a cease and desist order shall not preclude the imposition of other sanctions authorized by this statute or any other provision of law.

      (7) The liquor control board may seek injunctive relief to enforce the provisions of RCW 26.28.080(4) or 82.24.500 or this chapter. The liquor control board may initiate legal action to collect civil penalties imposed under this chapter if the same have not been paid within thirty days after imposition of such penalties. In any action filed by the liquor control board under this chapter, the court may, in addition to any other relief, award the liquor control board reasonable attorneys' fees and costs.

      (8) All proceedings under subsections (1) through (6) of this section shall be conducted in accordance with chapter 34.05 RCW.

      NEW SECTION. Sec. 12. (1) The liquor control board shall, in addition to the board's other powers and authorities, have the authority to enforce the provisions of this chapter and RCW 26.28.080(4) and 82.24.500. The liquor control board shall have full power to revoke or suspend the license of any retailer or wholesaler in accordance with the provisions of section 11 of this act.

      (2) The liquor control board and the board's authorized agents or employees shall have full power and authority to enter any place of business where tobacco products are sold for the purpose of enforcing the provisions of this chapter.

      (3) For the purpose of enforcing the provisions of this chapter and RCW 26.28.080(4) and 82.24.500, a peace officer or enforcement officer of the liquor control board who has reasonable grounds to believe a person observed by the officer purchasing, attempting to purchase, or in possession of tobacco products is under the age of eighteen years of age, may detain such person for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth. Further, tobacco products possessed by persons under the age of eighteen years of age are considered contraband and may be seized by a peace officer or enforcement officer of the liquor control board.

      (4) The liquor control board may work with local county health departments or districts and local law enforcement agencies to conduct random, unannounced, inspections to assure compliance.

      NEW SECTION. Sec. 13. (1) The youth tobacco prevention account is created in the state treasury. All fees collected pursuant to RCW 82.24.520 and 82.24.530 and funds collected by the liquor control board from the imposition of monetary penalties and samplers' fees shall be deposited into this account, except that ten percent of all such fees and penalties shall be deposited in the state general fund.

      (2) Moneys appropriated from the youth tobacco prevention account to the department of health shall be used by the department of health for implementation of this chapter, including collection and reporting of data regarding enforcement and the extent to which access to tobacco products by youth has been reduced.

      (3) The department of health shall enter into interagency agreements with the liquor control board to pay the costs incurred, up to thirty percent of available funds, in carrying out its enforcement responsibilities under this chapter. Such agreements shall set forth standards of enforcement, consistent with the funding available, so as to reduce the extent to which tobacco products are available to individuals under the age of eighteen. The agreements shall also set forth requirements for data reporting by the liquor control board regarding its enforcement activities.

      (4) The department of health and the department of revenue shall enter into an interagency agreement for payment of the cost of administering the tobacco retailer licensing system and for the provision of quarterly documentation of tobacco wholesaler, retailer, and vending machine names and locations.

      (5) The department of health shall, within up to seventy percent of available funds, provide grants to local health departments or other local community agencies to develop and implement coordinated tobacco intervention strategies to prevent and reduce tobacco use by youth.

      NEW SECTION. Sec. 14. This chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of tobacco product promotions and sales within retail stores, except that political subdivisions that have adopted ordinances prohibiting sampling by January 1, 1993, may continue to enforce these ordinances. No political subdivision may: (1) Impose fees or license requirements on retail businesses for possessing or selling cigarettes or tobacco products, other than general business taxes or license fees not primarily levied on tobacco products; or (2) regulate or prohibit activities covered by sections 3 through 9 of this act. This chapter does not otherwise preempt political subdivisions from adopting ordinances regulating the sale, purchase, use, or promotion of tobacco products not inconsistent with chapter ..., Laws of 1993 (this act).

      Sec. 15. RCW 82.24.530 and 1986 c 321 s 7 are each amended to read as follows:

      A fee of ((ten)) ninety-three dollars shall accompany each retailer's license application or license renewal application. A separate license is required for each separate location at which the retailer operates. A fee of ((one)) thirty additional dollars for each vending machine shall accompany each application or renewal for a license issued to a retail dealer operating a cigarette vending machine.

      NEW SECTION. Sec. 16. The department of health shall report to the house of representatives and senate committees with jurisdiction for health issues no later than February 1, 1995, on the effectiveness of enforcement and education activities as specified in this act. This study shall include information concerning the adequacy of revenue to support enforcement and education activities.

      Sec. 17. RCW 82.24.550 and 1986 c 321 s 9 are each amended to read as follows:

      (1) The department of revenue shall enforce the provisions of this chapter except RCW 82.24.500, which will be enforced by the liquor control board. The department of revenue may adopt, amend, and repeal rules necessary to enforce and administer the provisions of this chapter. The department of revenue has full power and authority to revoke or suspend the license or permit of any wholesale or retail cigarette dealer in the state upon sufficient cause appearing of the violation of this chapter or upon the failure of such licensee to comply with any of the provisions of this chapter.

      (2) A license shall not be suspended or revoked except upon notice to the licensee and after a hearing as prescribed by the department of revenue. The department of revenue, upon a finding by same, that the licensee has failed to comply with any provision of this chapter or any rule promulgated thereunder, shall, in the case of the first offender, suspend the license or licenses of the licensee for a period of not less than thirty consecutive business days, and, in the case of a second or plural offender, shall suspend the license or licenses for a period of not less than ninety consecutive business days nor more than twelve months, and, in the event the department of revenue finds the offender has been guilty of willful and persistent violations, it may revoke the license or licenses.

      (3) Any person whose license or licenses have been so revoked may apply to the department of revenue at the expiration of one year for a reinstatement of the license or licenses. The license or licenses may be reinstated by the department of revenue if it appears to the satisfaction of the department of revenue that the licensee will comply with the provisions of this chapter and the rules promulgated thereunder.

      (4) A person whose license has been suspended or revoked shall not sell cigarettes or permit cigarettes to be sold during the period of such suspension or revocation on the premises occupied by the person or upon other premises controlled by the person or others or in any other manner or form whatever.

      (5) Any determination and order by the department of revenue, and any order of suspension or revocation by the department of revenue of the license or licenses, or refusal to reinstate a license or licenses after revocation shall be reviewable by an appeal to the superior court of Thurston county. The superior court shall review the order or ruling of the department of revenue and may hear the matter de novo, having due regard to the provisions of this chapter and the duties imposed upon the department of revenue.

      Sec. 18. RCW 82.24.560 and 1986 c 321 s 10 are each amended to read as follows:

      Except as specified in section 13 of this act, all fees and penalties received or collected by the department of revenue pursuant to this chapter shall be paid to the state treasurer, to be credited to the general fund.

      NEW SECTION. Sec. 19. Sections 2 through 14 of this act shall constitute a new chapter in Title 70 RCW.

      NEW SECTION. Sec. 20. 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."


     Senator Oke moved that the following amendments by Senators Oke, West, Prentice and Moyer to the Committee on Health and Human Services amendment be considered simultaneously and be adopted:

     On page 1, beginning on line 22 of the amendment, after "(3)" strike all material through "(7)" on line 31

     On page 2, after line 24 of the amendment, insert the following:

     "NEW SECTION. Sec. 6. No retailer, wholesaler, tobacco manufacturer, or agent thereof, may give or distribute cigarettes or other tobacco products to any person at no cost."

     Renumber the remaining sections consecutively and correct internal references accordingly.

     Beginning on page 2, beginning on line 25 of the amendment, strike all of sections 6 and 7

     Renumber the remaining sections consecutively and correct internal references accordingly.

     On page 3, line 23 of the amendment, after "person" insert "at a reduced price"

     On page 7, line 18 of the amendment, after "penalties" strike "and samplers' fees"

     On page 8, beginning on line 10 of the amendment, after "stores" strike all material through "ordinances" on line 12

     Debate ensued.

     Senator Oke 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 amendments by Senators Oke, West, Prentice and Moyer on page 1, beginning on line 22; page 2, after line 24; page 2, beginning on line 25; page 3, line 23; page 7, line 18; and page 8, beginning on line 10; to the Committee on Health and Human Services striking amendment to Engrossed Substitute House Bill No. 2071.


ROLL CALL


     The Secretary called the roll and the amendments to the committee amendment were not adopted by the following vote: Yeas, 17; Nays, 27; Absent, 1; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Fraser, Hochstatter, McDonald, Nelson, Oke, Pelz, Prentice, Prince, Quigley, Sheldon, Smith, L., Sutherland and West - 17.

     Voting nay: Senators Bauer, Deccio, Drew, Erwin, Franklin, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Newhouse, Rasmussen, M., Rinehart, Roach, Sellar, Skratek, Smith, A., Snyder, Spanel, Talmadge, Vognild, von Reichbauer, Williams and Wojahn - 27.

     Absent: Senator Winsley - 1.

     Excused: Senators Cantu, McCaslin, Niemi and Owen - 4.


MOTION


     Senator Snyder moved that the following amendment by Senator Owen to the Committee on Health and Human Services amendment be adopted:

     On page 2, beginning on line 19 of the amendment, strike all of section 5

     Renumber the 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 Senator Owen on page 2, beginning on line 19, to the Committee on Health and Human Services striking amendment to Engrossed Substitute House Bill No. 2071.

     The amendment by Senator Owen on page 2, beginning on line 19, to the Committee on Health and Human Services striking amendment was not adopted.


MOTION


     Senator Snyder moved that the following amendment to the Committee on Health and Human Services amendment be adopted:

     On page 4, line 24 of the amendment, after "act." insert "The liquor control board may determine that a monetary penalty not to exceed two hundred dollars per day may be paid in lieu of a license suspension."

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendment by Senator Snyder on page 4, line 24, to the Committee on Health and Human Services striking amendment to Engrossed Substitute House Bill No. 2071.

     The amendment by Senator Snyder on page 4, line 24, to the Committee on Health and Human Services striking amendment was not adopted.


MOTION


     Senator Vognild moved that the following amendment to the Committee on Health and Human Services amendment be adopted:

     On page 8, line 5 of the committee amendment, strike "community" and insert "public"

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendment by Senator Vognild on page 8, line 5, to the Committee on Health and Human Services striking amendment to Engrossed Substitute House Bill No. 2071.

     The amendment by Senator Vognild on page 8, line 5, to the Committee on Health and Human Services striking amendment was not adopted on a rising vote.


MOTION


     Senator McDonald moved that the following amendment to the Committee on Health and Human Services amendment be adopted:

     Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 66.28.090 and 1981 1st ex.s. c 5 s 20 are each amended to read as follows:

      (1) All licensed premises used in the manufacture, storage, or sale of liquor, or any premises or parts of premises used or in any way connected, physically or otherwise, with the licensed business, and/or any premises where a banquet permit has been granted, shall at all times be open to inspection by any liquor and tobacco enforcement officer, inspector, or peace officer.

      (2) Every person, being on any such premises and having charge thereof, who refuses or fails to admit a liquor and tobacco enforcement officer, inspector, or peace officer demanding to enter therein in pursuance of this section in the execution of ((his/her)) his or her duty, or who obstructs or attempts to obstruct the entry of such liquor and tobacco enforcement officer, inspector, or officer of the peace, or who refuses to allow a liquor and tobacco enforcement officer, and/or an inspector to examine the books of the licensee, or who refuses or neglects to make any return required by this title or the ((regulations)) rules, shall be guilty of a violation of this title.

      Sec. 2. RCW 66.44.010 and 1987 c 202 s 224 are each amended to read as follows:

      (1) All county and municipal peace officers are hereby charged with the duty of investigating and prosecuting all violations of this title, and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor, and all fines imposed for violations of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor shall belong to the county, city, or town wherein the court imposing the fine is located, and shall be placed in the general fund for payment of the salaries of those engaged in the enforcement of the provisions of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor: PROVIDED, That all fees, fines, forfeitures, and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.

      (2) In addition to any and all other powers granted, the board shall have the power to enforce the penal provisions of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor.

      (3) In addition to the other duties under this section, the board shall enforce chapters 82.24 and 82.26 RCW and RCW 26.28.080(4).

      (4) The board may appoint and employ, assign to duty and fix the compensation of, officers to be designated as liquor and tobacco enforcement officers. Such ((liquor)) enforcement officers shall have the power, under the supervision of the board, to enforce the penal provisions of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor, and the provisions of chapters 82.24 and 82.26 RCW and RCW 26.28.080(4) relating to cigarettes and tobacco. They shall have the power and authority to serve and execute all warrants and process of law issued by the courts in enforcing the penal provisions of this title or of any penal law of this state relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor, and the provisions of chapters 82.24 and 82.26 RCW and RCW 26.28.080(4) relating to cigarettes and tobacco. They shall have the power to arrest without a warrant any person or persons found in the act of violating any of the penal provisions of this title or of any penal law of this state relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor, and the provisions of chapters 82.24 and 82.26 RCW and RCW 26.28.080(4) relating to cigarettes and tobacco.

      (5) The board shall make a special effort to enforce laws that protect children and young adults from the harmful effects of tobacco and alcohol consumption.

      Sec. 3. RCW 66.44.370 and 1981 1st ex.s. c 5 s 27 are each amended to read as follows:

      No person shall knowingly or willfully resist or oppose any state, county, or municipal peace officer, or liquor and tobacco enforcement officer, in the discharge of ((his/her)) his or her duties under Title 66 RCW, or aid and abet such resistance or opposition. Any person who violates this section shall be guilty of a violation of this title and subject to arrest by any such officer.

      Sec. 4. RCW 82.24.010 and 1961 c 15 s 82.24.010 are each amended to read as follows:

      For the purposes of this chapter, unless otherwise required by the context:

      (1) "Wholesaler" means every person who purchases, sells, or distributes any one or more of the articles taxed herein to retailers for the purpose of resale only;

      (2) "Retailer" means every person, other than a wholesaler, who purchases, sells, offers for sale, or distributes any one or more of the articles taxed herein, irrespective of quantity or amount, or the number of sales, and all persons operating under a retailer's registration certificate;

      (3) (("Retail selling price" means the ordinary, customary or usual price paid by the consumer for each package of cigarettes, the tax levied by this chapter and tax levied by this state;

      (4))) "Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any material, except where such wrapper is wholly or in the greater part made of natural leaf tobacco in its natural state;

      (((5))) (4) "Stamp" means the stamp or stamps or meter impressions by use of which the tax levy under this chapter is paid;

      (5) "Board" means the liquor control board;

      (6) The meaning attributed, in chapter 82.04 RCW, to the words "person," "sale," "business," and "successor" shall apply equally in the provisions of this chapter;

      (7) "Minor" refers to an individual who is less than eighteen years old;

      (8) "Public place" means a public street, sidewalk, or park, or any area open to the public in a publicly owned and operated building;

      (9) "Sample" means a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotion purposes;

      (10) "Sampler" means a person engaged in the business of sampling other than a retailer;

      (11) "Sampling" means the distribution of samples to members of the general public in a public place;

      (12) "Tobacco product" means a product that contains tobacco and is intended for human consumption.

      Sec. 5. RCW 82.24.027 and 1986 c 3 s 12 are each amended to read as follows:

      There is hereby levied and there shall be collected by the ((department of revenue)) board from the persons mentioned in and in the manner provided by this chapter, an additional tax upon the sale, use, consumption, handling, possession, or distribution of cigarettes in an amount equal to the rate of four mills per cigarette.

      The moneys collected under this section shall be deposited in the water quality account under RCW 70.146.030 through June 30, 2021, and in the general fund thereafter.

      Sec. 6. RCW 82.24.030 and 1990 c 216 s 1 are each amended to read as follows:

      In order to enforce collection of the tax hereby levied, the ((department of revenue)) board shall design and have printed stamps of such size and denominations as may be determined by the ((department)) board, such stamps to be affixed on the smallest container or package that will be handled, sold, used, consumed, or distributed, to permit the ((department)) board to readily ascertain by inspection, whether or not such tax has been paid. Except as otherwise provided in this chapter, every person shall cause to be affixed on every package of cigarettes, stamps of an amount equaling the tax due thereon before he or she sells, offers for sale, uses, consumes, handles, removes, or otherwise disturbs and distributes the same: PROVIDED, That where it is established to the satisfaction of the ((department)) board that it is impractical to affix such stamps to the smallest container or package, the ((department)) board may authorize the affixing of stamps of appropriate denomination to a large container or package.

      The ((department)) board may authorize the use of meter stamping machines for imprinting stamps, which imprinted stamps shall be in lieu of those otherwise provided for under this chapter, and if such use is authorized, shall provide reasonable rules ((and regulations)) with respect thereto.

      Sec. 7. RCW 82.24.040 and 1990 c 216 s 2 are each amended to read as follows:

      No wholesaler in this state may possess within this state unstamped cigarettes except that:

      (1) Every wholesaler in the state who is licensed under Washington state law may possess within this state unstamped cigarettes for such period of time after receipt as is reasonably necessary to affix the stamps as required; and

      (2) Any wholesaler in the state who is licensed under Washington state law and who furnishes a surety bond in a sum satisfactory to the ((department)) board, shall be permitted to set aside, without affixing the stamps required by this chapter, such part of ((his)) the wholesaler's stock as may be necessary for the conduct of ((his)) the wholesaler's business in making sales to persons in another state or foreign country, to instrumentalities of the federal government, or to the established governing bodies of any Indian tribe, recognized as such by the United States Department of the Interior. Such unstamped stock shall be kept separate and apart from stamped stock.

      (3) Every wholesaler licensed under Washington state law shall, at the time of shipping or delivering any of the articles taxed herein to a point outside of this state, or to a federal instrumentality, or to an Indian tribal organization, make a true duplicate invoice of the same which shall show full and complete details of the sale or delivery, whether or not stamps were affixed thereto, and shall transmit such true duplicate invoice to the main office of the ((department)) board, at Olympia, not later than the fifteenth day of the following calendar month, and for failure to comply with the requirements of this section the ((department)) board may revoke the permission granted to the taxpayer to maintain a stock of goods to which the stamps required by this chapter have not been affixed. The ((department)) board may also revoke this permission to maintain a stock of unstamped goods for sale to a specific Indian tribal organization when it appears that sales of unstamped cigarettes to persons who are not enrolled members of a recognized Indian tribe are taking place, or have taken place, within the exterior boundaries of the reservation occupied by that tribe.

      Sec. 8. RCW 82.24.050 and 1990 c 216 s 3 are each amended to read as follows:

      ((No)) Every retailer ((in this state may possess unstamped cigarettes within this state unless the retailer is licensed under Washington state law and, within a period of time after receipt of any of the articles taxed herein as is reasonably necessary for the purpose, causes the same to have the requisite denomination and amount of stamps affixed to represent the tax imposed herein: PROVIDED, That those articles to which stamps have been properly affixed by a wholesaler or another retailer, licensed under Washington state law, may be retained by any retailer, and that those articles intended for sale to qualified purchasers may, under rules adopted by the department of revenue, be retained by federal instrumentalities and Indian tribal organizations, without affixing the stamps required by this chapter)) shall purchase cigarettes with the stamps affixed.

      Sec. 9. RCW 82.24.070 and 1987 c 496 s 5 are each amended to read as follows:

      Wholesalers ((and retailers)) subject to the provisions of this chapter shall be allowed compensation for their services in affixing the stamps herein required a sum computed at the rate of four dollars per one thousand stamps purchased or affixed by them.

      Sec. 10. RCW 82.24.090 and 1975 1st ex.s. c 278 s 62 are each amended to read as follows:

      Every wholesaler or retailer subject to the provisions of this chapter shall keep and preserve for a period of five years an accurate set of records, showing all transactions had with reference to the purchase and sale of any of the articles taxed herein and such persons shall also keep separately all invoices, and shall keep a record of all stamps purchased, and all such records and all stock of taxable articles on hand shall be open to inspection at all reasonable times by the ((department of revenue)) board or its duly authorized agent.

      All wholesalers shall within fifteen days after the first day of each month file with the ((department of revenue)) board a report of all drop shipment sales made by them to retailers within this state during the preceding month, which report shall show the name and address of the retailer to whom the cigarettes were sold, the kind and quantity, and the date of delivery thereof.

      Sec. 11. RCW 82.24.110 and 1990 c 216 s 4 are each amended to read as follows:

      (1) Each of the following acts is a gross misdemeanor and punishable as such:

      (a) To sell, except as a licensed wholesaler or licensed retailer engaged in interstate commerce as to the article being taxed herein, without the stamp first being affixed;

      (b) To use or have in possession knowingly or intentionally any forged or counterfeit stamps;

      (c) For any person other than the ((department of revenue)) board or its duly authorized agent to sell any stamps not affixed to any of the articles taxed herein whether such stamps are genuine or counterfeit;

      (d) To violate any of the provisions of this chapter;

      (e) To violate any lawful rule ((or regulation)) made and published by the ((department of revenue)) board;

      (f) To use any stamps more than once;

      (g) To refuse to allow the ((department of revenue)) board or any duly authorized agent thereof, on demand, to make full inspection of any place of business where any of the articles herein taxed are sold or otherwise hinder or prevent such inspection;

      (h) For any retailer((, except one permitted to maintain an unstamped stock to engage in interstate business as provided herein,)) to have in possession in any place of business any of the articles herein taxed, unless the same have the proper stamps attached;

      (i) For any person to make, use, or present or exhibit to the ((department of revenue)) board or any duly authorized agent thereof, any invoice for any of the articles herein taxed which bears an untrue date or falsely states the nature or quantity of the goods therein invoiced;

      (j) For any wholesaler or retailer or ((his or her)) its agents or employees to fail to produce on demand of the ((department of revenue)) board all invoices of all the articles herein taxed or stamps bought ((by him or her)) or received in ((his or her)) its place of business within five years prior to such demand unless ((he or she)) the wholesaler or retailer can show by satisfactory proof that the nonproduction of the invoices was due to causes beyond ((his)) its control;

      (k) For any person to receive in this state any shipment of any of the articles taxed herein, when the same are not stamped, are untaxed, or are untaxed and stamped for the purpose of avoiding payment of tax. It is presumed that persons other than dealers who purchase or receive shipments of unstamped, untaxed, or untaxed stamped cigarettes do so to avoid payment of the tax imposed herein;

      (l) For any person to possess or transport upon the public highways, roads, or streets of this state a quantity of sixty thousand cigarettes or less ((unless the proper stamps required by this chapter have been affixed)) that are unstamped, untaxed, or untaxed stamped cigarettes or unless the person transporting the cigarettes has in actual possession invoices or delivery tickets therefor which show the true name and address of the consignor or seller, the true name of the consignee or purchaser, and the quantity and brands of the cigarettes so transported and unless the cigarettes are consigned to or purchased by any person in this state who is a purchaser or consignee authorized by this chapter to possess unstamped, untaxed, or untaxed stamped cigarettes in this state.

      (2) It is unlawful for any person knowingly or intentionally to possess or to transport upon the public highways, roads, or streets of this state a quantity in excess of sixty thousand cigarettes ((unless the proper stamps required by this chapter are affixed thereto or)) that are unstamped, untaxed, or untaxed stamped cigarettes unless the person transporting the cigarettes actually possesses invoices or delivery tickets showing the true name and address of the consignor or seller, the true name of the consignee or purchaser, and the quantity and brands of the cigarettes so transported. Violation of this section shall be punished as a class C felony under Title 9A RCW.

      (3) All agents, employees, and others who aid, abet, or otherwise participate in any way in the violation of the provisions of this chapter or in any of the offenses described in this chapter shall be guilty and punishable as principals, to the same extent as any wholesaler or retailer or any other person violating the provisions thereof.

      Sec. 12. RCW 82.24.120 and 1990 c 267 s 1 are each amended to read as follows:

      If any person, subject to the provisions of this chapter or any rules ((and regulations promulgated)) adopted by the ((department of revenue)) board under authority hereof, is found to have failed to affix the stamps required, or to have them affixed as herein provided, or to pay any tax due hereunder, or to have violated any of the provisions of this chapter or rules ((and regulations promulgated)) adopted by the ((department of revenue)) board in the administration hereof, there shall be assessed and collected from such person, in addition to any tax that may be found due, a penalty equal to the greater of ten dollars per package of unstamped cigarettes or two hundred fifty dollars, plus interest thereon at the rate of one percent for each thirty days or portions thereof from the date the tax became due, and upon notice mailed to the last known address of the person said amount shall become due and payable in ten days, at which time the ((department)) board or its duly authorized agent may make immediate demand upon such person for the payment of all such taxes and penalties. The ((department)) board, for good reason shown, may remit all or any part of penalties imposed, but the taxpayer must pay all taxes due and interest thereon, at the rate of one percent for each thirty days or portion thereof. The keeping of any unstamped, untaxed, or untaxed stamped articles coming within the provisions of this chapter shall be prima facie evidence of intent to violate the provisions of this chapter.

      Sec. 13. RCW 82.24.130 and 1990 c 216 s 5 are each amended to read as follows:

      (1) The following are subject to seizure and forfeiture:

      (a) Subject to RCW 82.24.250, any articles taxed in this chapter that are found at any point within this state, which articles are held, owned, or possessed by any person, and that ((do not have the stamps affixed to the packages or containers)) are unstamped, untaxed, or untaxed and stamped.

      (b) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of property described in (a) of this subsection, except:

      (i) A conveyance used by any person as a common or contract carrier having in actual possession invoices or delivery tickets showing the true name and address of the consignor or seller, the true name of the consignee or purchaser, and the quantity and brands of the cigarettes transported, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;

      (ii) A conveyance subject to forfeiture under this section by reason of any act or omission of which the owner thereof establishes to have been committed or omitted without his or her knowledge or consent;

      (iii) A conveyance encumbered by a bona fide security interest if the secured party neither had knowledge of nor consented to the act or omission.

      (c) Any vending machine used for the purpose of violating the provisions of this chapter.

      (2) Property subject to forfeiture under this chapter may be seized by any agent of the ((department)) board authorized to collect taxes or law enforcement officer of this state upon process issued by any superior court or district court having jurisdiction over the property. Seizure without process may be made if:

      (a) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; or

      (b) The ((department)) board or law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter and exigent circumstances exist making procurement of a search warrant impracticable.

      (3) Notwithstanding the foregoing provisions of this section, articles taxed in this chapter which are in the possession of a wholesaler ((or retailer)), licensed under Washington state law, for a period of time necessary to affix the stamps after receipt of the articles, shall not be considered contraband.

      Sec. 14. RCW 82.24.135 and 1987 c 496 s 3 are each amended to read as follows:

      In all cases of seizure of any property made subject to forfeiture under this chapter the ((department)) board shall proceed as follows:

      (1) Forfeiture shall be deemed to have commenced by the seizure. Notice of seizure shall be given to the ((department)) board immediately if the seizure is made by someone other than an agent of the ((department)) board authorized to collect taxes.

      (2) Upon notification or seizure by the ((department)) board or upon receipt of property subject to forfeiture under this chapter from any other person, the ((department)) board shall list and particularly describe the property seized in duplicate and have the property appraised by a qualified person not employed by the ((department)) board or acting as its agent. Listing and appraisement of the property shall be properly attested by the ((department)) board and the appraiser, who shall be allowed a reasonable appraisal fee. No appraisal is required if the property seized is judged by the ((department)) board to be less than one hundred dollars in value.

      (3) The ((department)) board shall cause notice to be served within five days following the seizure or notification to the ((department)) board of the seizure on the owner of the property seized, if known, on the person in charge thereof, and on any other person having any known right or interest therein, of the seizure and intended forfeiture of the seized property. The notice may be served by any method authorized by law or court rule including but not limited to service by mail. If service is by mail it shall be by both certified mail with return receipt requested and regular mail. Service by mail shall be deemed complete upon mailing within the five-day period following the seizure or notification of the seizure to the ((department)) board.

      (4) If no person notifies the ((department)) board in writing of the person's claim of ownership or right to possession of the items seized within fifteen days of the date of the notice of seizure, the item seized shall be considered forfeited.

      (5) If any person notifies the ((department)) board, in writing, of the person's claim of ownership or right to possession of the items seized within fifteen days of the date of the notice of seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the ((director)) board or the ((director's)) board's designee, except that any person asserting a claim or right may bring an action for return of the seized items in the superior court of the county in which such property was seized, if the aggregate value of the article or articles involved is more than five hundred dollars. A hearing before the seizing agency and any appeal therefrom shall be in accordance with chapter 34.05 RCW. The burden of proof by a preponderance of the evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the items seized. The ((department)) board shall promptly return the article or articles to the claimant upon a determination that the claimant is the present lawful owner or is lawfully entitled to possession thereof of the items seized.

      Sec. 15. RCW 82.24.145 and 1987 c 496 s 4 are each amended to read as follows:

      When property is forfeited under this chapter the ((department)) board may:

      (1) Retain the property or any part thereof for official use or upon application by any law enforcement agency of this state, another state, or the District of Columbia, or of the United States for the exclusive use of enforcing the provisions of this chapter or the laws of any other state or the District of Columbia or of the United States.

      (2) Sell the property at public auction to the highest bidder after due advertisement, but the ((department)) board before delivering any of the goods so seized shall require the person to whom the property is sold to affix the proper amount of stamps. The proceeds of the sale and all moneys forfeited under this chapter shall be first applied to the payment of all proper expenses of any investigation leading to the seizure and of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs. The balance of the proceeds and all moneys shall be deposited in the general fund of the state. Proper expenses of investigation includes costs incurred by any law enforcement agency or any federal, state, or local agency.

      Sec. 16. RCW 82.24.180 and 1990 c 267 s 2 are each amended to read as follows:

      The ((department of revenue)) board may return any property seized under the provisions of this chapter when it is shown that there was no intention to violate the provisions thereof.

      When any property is returned under this section, the ((department)) board may return such goods to the parties from whom they were seized if and when such parties affix the proper amount of stamps thereto, and pay to the ((department)) board as penalty an amount equal to the greater of ten dollars per package of unstamped cigarettes or two hundred fifty dollars, and interest thereon at the rate of one percent for each thirty days or portion thereof from the date the tax became due, and in such cases, no advertisement shall be made or notices posted in connection with said seizure.

      Sec. 17. RCW 82.24.190 and 1987 c 202 s 244 are each amended to read as follows:

      When the ((department of revenue)) board has good reason to believe that any of the articles taxed herein are being kept, sold, offered for sale, or given away in violation of the provisions of this chapter or ((regulations)) rules issued under authority hereof, it may make affidavit of such fact, describing the place or thing to be searched, before any judge of any court in this state, and such judge shall issue a search warrant directed to the sheriff, any deputy, police officer, or duly authorized agent of the ((department of revenue)) board commanding him or her diligently to search any building, room in a building, place, or vehicle as may be designated in the affidavit and search warrant, and to seize such tobacco so possessed and to hold the same until disposed of by law, and to arrest the person in possession or control thereof. If upon the return of such warrant, it shall appear that any of the articles taxed herein, unlawfully possessed, were seized, the same shall be sold as provided in this chapter.

      Sec. 18. RCW 82.24.210 and 1975 1st ex.s. c 278 s 68 are each amended to read as follows:

      The ((department of revenue)) board may ((promulgate)) adopt rules ((and regulations)) providing for the refund to dealers for the cost of stamps affixed to articles taxed herein, which by reason of damage become unfit for sale and are destroyed by the dealer or returned to the manufacturer or jobber. In the case of any articles to which stamps have been affixed, and which articles have been sold and shipped to a regular dealer in such articles in another state, the seller in this state shall be entitled to a refund of the actual amount of the stamps so affixed, less the affixing discount, upon condition that the seller in this state makes affidavit that the articles were sold and shipped outside of the state and that ((he)) the seller has received from the purchaser outside the state a written acknowledgment that ((he)) the purchaser has received such articles with the amount of stamps affixed thereto, together with the name and address of such purchaser. The ((department of revenue)) board may redeem any unused stamps purchased from it at the face value thereof less the affixing discount.

      Sec. 19. RCW 82.24.230 and 1961 c 15 s 82.24.230 are each amended to read as follows:

      All of the provisions contained in chapter 82.32 RCW except RCW 82.32.050, 82.32.060, 82.32.070, 82.32.100, and 82.32.270 shall have full force and application with respect to taxes imposed under the provisions of this chapter((, except the following sections thereof: RCW 82.32.050, 82.32.060, 82.32.070, 82.32.100 and 82.32.270)); except that "department of revenue" or "department" means the liquor control board.

      Sec. 20. RCW 82.24.250 and 1990 c 216 s 6 are each amended to read as follows:

      No person other than (1) a licensed wholesaler in its own vehicle, or (2) a person who has given notice to the ((department)) board in advance of the commencement of transportation shall transport or cause to be transported unstamped, untaxed, or untaxed stamped cigarettes ((not having the stamps affixed to the packages or containers)), upon the public highways, roads, or streets of this state. In the case of transportation of unstamped cigarettes such persons shall have in their actual possession invoices or delivery tickets for such cigarettes, which shall show the true name and address of the consignor or seller, the true name of the consignee or purchaser, and the quantity and brands of the cigarettes so transported. If the cigarettes are consigned to or purchased by any person in this state such purchaser or consignee must be a person who is authorized by chapter 82.24 RCW to possess unstamped, untaxed, or untaxed stamped cigarettes in this state. In the absence of such invoices or delivery tickets, or, if the name or address of the consignee or purchaser is falsified or if the purchaser or consignee is not authorized by chapter 82.24 RCW to possess unstamped, untaxed, or untaxed stamped cigarettes, the cigarettes so transported shall be deemed contraband subject to seizure and sale under the provisions of RCW 82.24.130.

      Transportation of cigarettes from a point outside this state to a point in some other state will not be considered a violation of this section provided that the person so transporting such cigarettes has in his or her possession adequate invoices or delivery tickets which give the true name and address of such out-of-state seller or consignor and such out-of-state purchaser or consignee.

      In any case where the ((department)) board or its duly authorized agent, or any peace officer of the state, has knowledge or reasonable grounds to believe that any vehicle is transporting cigarettes in violation of this section, the ((department)) board, such agent, or such police officer, is authorized to stop such vehicle and to inspect the same for contraband cigarettes.

      For purposes of this section, the term "person authorized by chapter 82.24 RCW to possess unstamped, untaxed, or untaxed stamped cigarettes" shall mean a wholesaler ((or retailer,)) licensed under Washington state law, the United States or an agency thereof, and any Indian tribal organization authorized under rules adopted by the ((department of revenue)) board to possess ((unstamped cigarettes)) these articles.

      Sec. 21. RCW 82.24.510 and 1986 c 321 s 5 are each amended to read as follows:

      (1) The licenses issuable under this chapter are as follows:

      (a) A wholesaler's license.

      (b) A retailer's license.

      (c) A vending machine license.

      (2) Application for the licenses shall be made through the master license system under chapter 19.02 RCW. The ((department of revenue)) board shall adopt rules regarding the regulation of the licenses. The ((department of revenue)) board may refrain from the issuance of any license under this chapter if the ((department)) board has reasonable cause to believe that the applicant has willfully withheld information requested for the purpose of determining the eligibility of the applicant to receive a license, or if the ((department)) board has reasonable cause to believe that information submitted in the application is false or misleading or is not made in good faith. Each such license shall expire on the master license expiration date, and each such license shall be continued annually if the licensee has paid the required fee and complied with all the provisions of this chapter and the rules of the ((department of revenue)) board made pursuant thereto.

      Sec. 22. RCW 82.24.520 and 1986 c 321 s 6 are each amended to read as follows:

      A fee of six hundred fifty dollars shall accompany each wholesaler's license application or license renewal application. If a wholesaler sells or intends to sell cigarettes at two or more places of business, whether established or temporary, a separate license with a license fee of one hundred fifteen dollars shall be required for each additional place of business. Each license, or certificate thereof, and such other evidence of license as the ((department of revenue)) board requires, shall be exhibited in the place of business for which it is issued and in such manner as is prescribed for the display of a master license. The ((department of revenue)) board shall require each licensed wholesaler to file with the ((department)) board a bond in an amount not less than ((one)) five thousand dollars to guarantee the proper performance of the duties and the discharge of the liabilities under this chapter. The bond shall be executed by such licensed wholesaler as principal, and by a corporation approved by the ((department of revenue)) board and authorized to engage in business as a surety company in this state, as surety. The bond shall run concurrently with the wholesaler's license.

      Sec. 23. RCW 82.24.530 and 1986 c 321 s 7 are each amended to read as follows:

      A fee of ((ten)) ninety-three dollars shall accompany each retailer's license application or license renewal application. A separate license is required for each separate location at which the retailer operates. A fee of ((one)) thirty additional dollars for each vending machine shall accompany each application or renewal for a license issued to a retail dealer operating a cigarette vending machine.

      Sec. 24. RCW 82.24.550 and 1986 c 321 s 9 are each amended to read as follows:

      (1) The ((department of revenue)) board shall enforce the provisions of this chapter. The ((department of revenue)) board may adopt, amend, and repeal rules necessary to enforce and administer the provisions of this chapter. The ((department of revenue)) board has full power and authority to revoke or suspend the license or permit of any wholesale or retail cigarette dealer in the state upon sufficient cause appearing of the violation of this chapter or upon the failure of such licensee to comply with any of the provisions of this chapter.

      (2) A license shall not be suspended or revoked except upon notice to the licensee and after a hearing as prescribed by the ((department of revenue)) board. The ((department of revenue)) board, upon a finding by same, that the licensee has failed to comply with any provision of this chapter or any rule ((promulgated thereunder)) adopted under this chapter, shall, in the case of the first offender, suspend the license or licenses of the licensee for a period of not less than thirty consecutive business days, and, in the case of a second or plural offender, shall suspend the license or licenses for a period of not less than ninety consecutive business days nor more than twelve months, and, in the event the ((department of revenue)) board finds the offender has been guilty of willful and persistent violations, it may revoke the license or licenses.

      (3) Any person whose license or licenses have been so revoked may apply to the ((department of revenue)) board at the expiration of one year for a reinstatement of the license or licenses. The license or licenses may be reinstated by the ((department of revenue)) board if it appears to the satisfaction of the ((department of revenue)) board that the licensee will comply with the provisions of this chapter and the rules ((promulgated thereunder)) adopted under this chapter.

      (4) A person whose license has been suspended or revoked shall not sell cigarettes or permit cigarettes to be sold during the period of such suspension or revocation on the premises occupied by the person or upon other premises controlled by the person or others or in any other manner or form whatever.

      (5) Any determination and order by the ((department of revenue)) board, and any order of suspension or revocation by the ((department of revenue)) board of the license or licenses, or refusal to reinstate a license or licenses after revocation shall be reviewable by an appeal to the superior court of Thurston county. The superior court shall review the order or ruling of the ((department of revenue)) board and may hear the matter de novo, having due regard to the provisions of this chapter and the duties imposed upon the ((department of revenue)) board.

      Sec. 25. RCW 82.24.560 and 1986 c 321 s 10 are each amended to read as follows:

      Except under section 55 of this act, all fees and penalties received or collected by the ((department of revenue)) board pursuant to this chapter shall be paid to the state treasurer, to be credited to the general fund.

      NEW SECTION. Sec. 26. A new section is added to chapter 82.24 RCW to read as follows:

      The board may adopt rules to implement this chapter.

      Sec. 27. RCW 82.26.010 and 1975 1st ex.s. c 278 s 70 are each amended to read as follows:

      As used in this chapter:

      (1) "Tobacco products" means cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking, but shall not include cigarettes as defined in RCW 82.24.010(((4)));

      (2) "Manufacturer" means a person who manufactures and sells tobacco products;

      (3) "Distributor" means (a) any person engaged in the business of selling tobacco products in this state who brings, or causes to be brought, into this state from without the state any tobacco products for sale, (b) any person who makes, manufactures, or fabricates tobacco products in this state for sale in this state, (c) any person engaged in the business of selling tobacco products without this state who ships or transports tobacco products to retailers in this state, to be sold by those retailers;

      (4) "Subjobber" means any person, other than a manufacturer or distributor, who buys tobacco products from a distributor and sells them to persons other than the ultimate consumers;

      (5) "Retailer" means any person engaged in the business of selling tobacco products to ultimate consumers;

      (6) "Sale" means any transfer, exchange, or barter, in any manner or by any means whatsoever, for a consideration, and includes and means all sales made by any person. It includes a gift by a person engaged in the business of selling tobacco products, for advertising, as a means of evading the provisions of this chapter, or for any other purposes whatsoever.

      (7) "Wholesale sales price" means the established price for which a manufacturer sells a tobacco product to a distributor, exclusive of any discount or other reduction;

      (8) "Business" means any trade, occupation, activity, or enterprise engaged in for the purpose of selling or distributing tobacco products in this state;

      (9) "Place of business" means any place where tobacco products are sold or where tobacco products are manufactured, stored, or kept for the purpose of sale or consumption, including any vessel, vehicle, airplane, train, or vending machine;

      (10) "Retail outlet" means each place of business from which tobacco products are sold to consumers;

      (11) (("Department" means the state department of revenue)) "Board" means the liquor control board.

      Sec. 28. RCW 82.26.050 and 1975 1st ex.s. c 278 s 72 are each amended to read as follows:

      ((From and after July 1, 1959)) No person shall engage in the business of a distributor or subjobber of tobacco products at any place of business without first having received from the ((department of revenue)) board a certificate of registration ((as provided in RCW 82.32.030)).

      Sec. 29. RCW 82.26.060 and 1975 1st ex.s. c 278 s 73 are each amended to read as follows:

      Every distributor shall keep at each registered place of business complete and accurate records for that place of business, including itemized invoices, of tobacco products held, purchased, manufactured, brought in or caused to be brought in from without the state, or shipped or transported to retailers in this state, and of all sales of tobacco products made, except sales to the ultimate consumer.

      These records shall show the names and addresses of purchasers((, the inventory of all tobacco products on hand on July 1, 1959,)) and other pertinent papers and documents relating to the purchase, sale, or disposition of tobacco products.

      When a registered distributor sells tobacco products exclusively to the ultimate consumer at the address given in the certificate, no invoice of those sales shall be required, but itemized invoices shall be made of all tobacco products transferred to other retail outlets owned or controlled by that registered distributor. All books, records, and other papers and documents required by this section to be kept shall be preserved for a period of at least five years after the date of the documents, as aforesaid, or the date of the entries thereof appearing in the records, unless the ((department of revenue)) board, in writing, authorizes their destruction or disposal at an earlier date. At any time during usual business hours the ((department)) board, or its duly authorized agents or employees, may enter any place of business of a distributor, without a search warrant, and inspect the premises, the records required to be kept under this chapter, and the tobacco products contained therein, to determine whether or not all the provisions of this chapter are being fully complied with. If the ((department)) board, or any of its agents or employees, are denied free access or are hindered or interfered with in making such examination, the registration certificate of the distributor at such premises shall be subject to revocation by the ((department)) board.

      Sec. 30. RCW 82.26.080 and 1975 1st ex.s. c 278 s 74 are each amended to read as follows:

      Every retailer and subjobber shall procure itemized invoices of all tobacco products purchased. The invoices shall show the name and address of the seller and the date of purchase. The retailer and subjobber shall preserve a legible copy of each such invoice for five years from the date of purchase. Invoices shall be available for inspection by the ((department of revenue)) board or its authorized agents or employees at the retailer's or subjobber's place of business.

      Sec. 31. RCW 82.26.090 and 1975 1st ex.s. c 278 s 75 are each amended to read as follows:

      Records of all deliveries or shipments of tobacco products from any public warehouse of first destination in this state shall be kept by the warehouse and be available to the ((department of revenue)) board for inspection. They shall show the name and address of the consignee, the date, the quantity of tobacco products delivered, and such other information as the ((department)) board may require. These records shall be preserved for five years from the date of delivery of the tobacco products.

      Sec. 32. RCW 82.26.110 and 1975 1st ex.s. c 278 s 76 are each amended to read as follows:

      Where tobacco products upon which the tax imposed by this chapter has been reported and paid, are shipped or transported by the distributor to retailers without the state, to be sold by those retailers, or are returned to the manufacturer by the distributor or destroyed by the distributor, credit of such tax may be made to the distributor in accordance with ((regulations)) rules prescribed by the ((department of revenue)) board.

      Sec. 33. RCW 82.26.120 and 1963 ex.s. c 28 s 5 are each amended to read as follows:

      All of the provisions contained in chapter 82.32 RCW shall have full force and application with respect to taxes imposed under the provisions of this chapter; except that "department of revenue" or "department" means the liquor control board.

      NEW SECTION. Sec. 34. A new section is added to chapter 82.26 RCW to read as follows:

      The board may adopt rules to implement this chapter.

      NEW SECTION. Sec. 35. A new section is added to chapter 82.32 RCW to read as follows:

      The liquor control board may contract with the department for the collection of taxes, penalties, and interest, and the making of refunds, related to the administration and enforcement of chapters 82.24 and 82.26 RCW.

      NEW SECTION. Sec. 36. All powers, duties, and functions of the department of revenue pertaining to chapters 82.24 and 82.26 RCW are transferred to the liquor control board. All references to the director or department of revenue in the Revised Code of Washington shall be construed to mean the liquor control board when referring to the functions transferred in this section.

      NEW SECTION. Sec. 37. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of revenue pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the liquor control board. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of revenue in carrying out the powers, functions, and duties transferred shall be made available to the liquor control board. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the liquor control board.

      Any appropriations made to the department of revenue for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the liquor control board.

      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. 38. All employees of the department of revenue engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the liquor control board. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the liquor control board 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. 39. All rules and all pending business before the department of revenue pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the liquor control board. All existing contracts and obligations shall remain in full force and shall be performed by the liquor control board.

      NEW SECTION. Sec. 40. The transfer of the powers, duties, functions, and personnel of the department of revenue shall not affect the validity of any act performed prior to the effective date of this section.

      NEW SECTION. Sec. 41. If apportionments of budgeted funds are required because of the transfers directed by sections 36 through 39 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. 42. Nothing contained in sections 37 through 42 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.

      NEW SECTION. Sec. 43. The legislature finds that while present state law prohibits the sale and distribution of tobacco to minors, youth obtain tobacco products with ease. Availability and lack of enforcement put tobacco products in the hands of youth.

      Federal law requires states to enforce laws prohibiting sale and distribution of tobacco products to minors in a manner that can reasonably be expected to reduce the extent to which the products are available to minors. It is imperative to effectively reduce the sale, distribution, and availability of tobacco products to minors.

      NEW SECTION. Sec. 44. A person who holds a license issued under RCW 82.24.520 or 82.24.530 shall:

      (1) Display the license or a copy in a prominent location at the outlet for which the license is issued; and

      (2) Display a sign concerning the prohibition of tobacco sales to minors.

      Such sign shall:

      (a) Be posted so that it is clearly visible to anyone purchasing tobacco products from the licensee;

      (b) Be designed and produced by the department of health to read: "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER AGE 18 IS STRICTLY PROHIBITED BY STATE LAW. IF YOU ARE UNDER 18, YOU COULD BE PENALIZED FOR PURCHASING A TOBACCO PRODUCT; PHOTO ID REQUIRED"; and

      (c) Be provided free of charge by the liquor control board.

      NEW SECTION. Sec. 45. No person shall sell or permit to be sold any tobacco product through any device that mechanically dispenses tobacco products unless the device is located fully within premises from which minors are prohibited or in industrial worksites where minors are not employed and not less than ten feet from all entrance or exit ways to and from each premises.

      NEW SECTION. Sec. 46. No person shall sell or permit to be sold cigarettes not in the original unopened package or container to which the stamps required by RCW 82.24.060 have been affixed.

      This section does not apply to the sale of loose leaf tobacco by a retail business that generates a minimum of sixty percent of annual gross sales from the sale of tobacco products.

      NEW SECTION. Sec. 47. (1) No person may engage in the business of sampling within the state unless licensed to do so by the board. If a firm contracts with a manufacturer to distribute samples of the manufacturer's products, that firm is deemed to be the person engaged in the business of sampling.

      (2) The board shall issue a license to a sampler not otherwise disqualified by section 52 of this act upon application and payment of the fee.

      (3) A sampler's license expires on the thirtieth day of June of each year and must be renewed annually upon payment of the appropriate fee.

      (4) The board shall annually determine the fee for a sampler's license and each renewal. However, the fee for a manufacturer whose employees distribute samples within the state is five hundred dollars per annum, and the fee for all other samplers must be not less than fifty dollars per annum.

      (5) A sampler's license entitles the licensee, and employees or agents of the licensee, to distribute samples at any lawful location in the state during the term of the license. A person engaged in sampling under the license shall carry the license or a copy at all times.

      NEW SECTION. Sec. 48. (1) No person may distribute or offer to distribute samples in a public place. This prohibition does not apply to sampling (a) in an area to which persons under the age of eighteen are denied admission, (b) in or at a store or concession to which a retailer's license has been issued, or (c) at or adjacent to a production, repair, or outdoor construction site or facility.

      (2) Notwithstanding subsection (1) of this section, no person may distribute or offer to distribute samples in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when that facility is being used primarily by persons under the age of eighteen for recreational, educational, or other purposes.

      NEW SECTION. Sec. 49. No person shall give or distribute cigarettes or other tobacco products to a person by a coupon if such coupon is redeemed in any manner that does not require an in-person transaction in a retail store.

      NEW SECTION. Sec. 50. A person under the age of eighteen who purchases or attempts to purchase or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to a fine as set out in chapter 7.80 RCW or participation in a smoking cessation program, or both. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department activity.

      NEW SECTION. Sec. 51. (1) Where there may be a question of a person's right to purchase or obtain tobacco products by reason of age, the retailer, sampler, or agent thereof, shall require the purchaser or recipient to present any one of the following officially issued identification that shows the purchaser's age and bears his or her signature and photograph: Liquor control authority card of identification of a state or province of Canada; driver's license, instruction permit, or identification card of a state or province of Canada; "identicard" issued by the Washington state department of licensing under chapter 46.20 RCW; United States military identification; passport; or merchant marine identification card issued by the United States coast guard.

      (2) It is a defense to a prosecution under RCW 26.28.080(4) that the person making a sale reasonably relied on any of the officially issued identification as defined in subsection (1) of this section. The liquor control board shall waive the suspension or revocation of a license if the licensee clearly establishes that he or she acted in good faith to prevent violations and a violation occurred despite the licensee's exercise of due diligence.

      NEW SECTION. Sec. 52. (1) The liquor control board may suspend or revoke a retailer's license held by a business at any location, or may impose a monetary penalty as set forth in subsection (2) of this section, if the liquor control board finds that the licensee has violated RCW 26.28.080(4), or section 44, 45, 46, 47, 48, 49, or 51 of this act.

      (2) The sanctions that the liquor control board may impose against a person licensed under RCW 82.24.530 and sections 47 and 48 of this act based upon one or more findings under subsection (1) of this section may not exceed the following:

      (a) For violation of RCW 26.28.080(4), or section 44 or 51 of this act:

      (i) A monetary penalty of one hundred dollars for the first violation within any two-year period;

      (ii) A monetary penalty of three hundred dollars for the second violation within any two-year period;

      (iii) A monetary penalty of one thousand dollars and suspension of the license for a period of six months for the third violation within any two-year period;

      (iv) A monetary penalty of one thousand five hundred dollars and suspension of the license for a period of twelve months for the fourth violation within any two-year period;

      (v) Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any two-year period;

      (b) For violations of section 45 of this act, a monetary penalty in the amount of one hundred dollars for each day upon which such violation occurred;

      (c) For violations of section 46 of this act occurring on the licensed premises:

      (i) A monetary penalty of one hundred dollars for the first violation within any two-year period;

      (ii) A monetary penalty of three hundred dollars for the second violation within any two-year period;

      (iii) A monetary penalty of one thousand dollars and suspension of the license for a period of six months for the third violation within any two-year period;

      (iv) A monetary penalty of one thousand five hundred dollars and suspension of the license for a period of twelve months for the fourth violation within any two-year period;

      (v) Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any two-year period;

      (d) For violations of sections 47 and 48 of this act, a monetary penalty in the amount of three hundred dollars for each violation;

      (e) For violations of section 49 of this act, a monetary penalty in the amount of one thousand dollars for each violation.

      (3) The liquor control board may impose a monetary penalty upon any person other than a licensed cigarette retailer or licensed sampler if the liquor control board finds that the person has violated RCW 26.28.080(4), or section 44, 45, 46, 47, 48, 49, or 51 of this act.

      (4) The monetary penalty that the liquor control board may impose based upon one or more findings under subsection (3) of this section may not exceed the following:

      (a) For violation of RCW 26.28.080(4), or section 44 or 51 of this act, fifty dollars for the first violation and one hundred dollars for each subsequent violation;

      (b) For violations of section 45 of this act, one hundred dollars for each day upon which such violation occurred;

      (c) For violations of section 46 of this act, one hundred dollars for each violation;

      (d) For violations of sections 47 and 48 of this act, three hundred dollars for each violation;

      (e) For violations of section 49 of this act, one thousand dollars for each violation.

      (5) The liquor control board may develop and offer a class for retail clerks and use this class in lieu of a monetary penalty for the clerk's first violation.

      (6) The liquor control board may issue a cease and desist order to any person who is found by the liquor control board to have violated or intending to violate the provisions of this chapter, RCW 26.28.080(4) or chapter 82.24 or 82.26 RCW, requiring such person to cease specified conduct that is in violation. The issuance of a cease and desist order shall not preclude the imposition of other sanctions authorized by this statute or any other provision of law.

      (7) The liquor control board may seek injunctive relief to enforce the provisions of RCW 26.28.080(4) or chapter 82.24 or 82.26 RCW or this chapter. The liquor control board may initiate legal action to collect civil penalties imposed under this chapter if the same have not been paid within thirty days after imposition of such penalties. In any action filed by the liquor control board under this chapter, the court may, in addition to any other relief, award the liquor control board reasonable attorneys' fees and costs.

      (8) All proceedings under subsections (1) through (6) of this section shall be conducted in accordance with chapter 34.05 RCW.

      NEW SECTION. Sec. 53. (1) The liquor control board shall, in addition to the board's other powers and authorities, have the authority to enforce the provisions of this chapter and RCW 26.28.080(4) and chapter 82.24 or 82.26 RCW. The liquor control board shall have full power to revoke or suspend the license of any retailer or wholesaler in accordance with the provisions of section 52 of this act.

      (2) The liquor control board and the board's authorized agents or employees shall have full power and authority to enter any place of business where tobacco products are sold for the purpose of enforcing the provisions of chapter 82.24 or 82.26 RCW or this chapter.

      (3) For the purpose of enforcing the provisions of this chapter and RCW 26.28.080(4) and 82.24.500, a peace officer or enforcement officer of the liquor control board who has reasonable grounds to believe a person observed by the officer purchasing, attempting to purchase, or in possession of tobacco products is under the age of eighteen years of age, may detain such person for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth. Further, tobacco products possessed by persons under the age of eighteen years of age are considered contraband and may be seized by a peace officer or enforcement officer of the liquor control board.

      (4) The liquor control board may work with local county health departments or districts and local law enforcement agencies to conduct random, unannounced, inspections to assure compliance.

      NEW SECTION. Sec. 54. This chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of tobacco product promotions and sales within retail stores, except that political subdivisions that have adopted ordinances prohibiting sampling by January 1, 1993, may continue to enforce these ordinances. No political subdivision may: (1) Impose fees or license requirements on retail businesses for possessing or selling cigarettes or tobacco products, other than general business taxes or license fees not primarily levied on tobacco products; or (2) regulate or prohibit activities covered by sections 44 through 50 of this act. This chapter does not otherwise preempt political subdivisions from adopting ordinances regulating the sale, purchase, use, or promotion of tobacco products not inconsistent with chapter ..., Laws of 1993 (this act).

      NEW SECTION. Sec. 55. A new section is added to chapter 43.70 RCW to read as follows:

      (1) The youth tobacco prevention account is created in the state treasury. All fees collected pursuant to RCW 82.24.520 and 82.24.530 and funds collected by the liquor control board from the imposition of monetary penalties and samplers' fees shall be deposited into this account, except that ten percent of all such fees and penalties shall be deposited in the state general fund.

      (2) Thirty percent of