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NINETY-NINTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Monday, April 19, 1993

The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Haugen, McAuliffe, McDonald, Owen, Sellar, Sheldon and von Reichbauer. On motion of Senator Oke, Senators McDonald, Sellar and von Reichbauer were excused. On motion of Senator Loveland, Senator Haugen was excused.

The Sergeant at Arms Color Guard, consisting of Pages Stephanie Picha and Shawn Thomas, presented the Colors. Dr. Morris Belling of the Temple Beth Hatfiloh 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.

MESSAGES FROM THE HOUSE

April 18, 1993

MR. PRESIDENT:

The House has passed:

SUBSTITUTE SENATE BILL NO. 5957,

SENATE BILL NO. 5973,

SENATE BILL NO. 5975,

SENATE BILL NO. 5984, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

April 18, 1993

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 5727, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

SUBSTITUTE SENATE BILL NO. 5727,

SUBSTITUTE SENATE BILL NO. 5957,

SENATE BILL NO. 5973,

SENATE BILL NO. 5975,

SENATE BILL NO. 5984.

SIGNED BY THE PRESIDENT

The President signed:

SUBSTITUTE SENATE BILL NO. 5556,

SUBSTITUTE SENATE BILL NO. 5567,

SUBSTITUTE SENATE BILL NO. 5606,

SUBSTITUTE SENATE BILL NO. 5612,

SUBSTITUTE SENATE BILL NO. 5625,

SUBSTITUTE SENATE BILL NO. 5634,

ENGROSSED SENATE BILL NO. 5694,

SUBSTITUTE SENATE BILL NO. 5751,

ENGROSSED SENATE BILL NO. 5768,

SUBSTITUTE SENATE BILL NO. 5839,

SUBSTITUTE SENATE BILL NO. 5849,

SENATE BILL NO. 5856,

SUBSTITUTE SENATE BILL NO. 5858,

SUBSTITUTE SENATE BILL NO. 5876.

MESSAGE FROM THE HOUSE

April 8, 1993

MR. PRESIDENT:

The House had passed SENATE BILL NO. 5883 with the following amendment(s):

On page 2, line 2, after "or" strike all material through "high school" on line 6, and insert "((vocational-technical institute a sum not exceeding the amount of state funds under RCW 28A.150.260 generated by a full time equivalent student and in proportion to the number of hours of instruction the pupil receives at the community college or vocational-technical institute and at the high school)) technical college an amount"

On page 2, at the beginning of line 7, strike all material down to and including "act." on line 10 and insert "each full-time equivalent college student at statewide uniform rates for vocational and nonvocational students. The superintendent of public instruction shall separately calculate and allocate moneys appropriated for basic education under RCW 28A.150.260 to school districts for purposes of making such payments and for granting school districts seven percent thereof to offset program related costs. The calculations and allocations shall be based upon the estimated statewide annual average per full-time equivalent high school student allocations under RCW 28A.150.260, excluding small high school enhancements, and applicable rules adopted under chapter 34.05 RCW."

On page 2, line 12, after "on" insert "the calculation and"

On page 2, after line 20, insert the following:

"NEW SECTION. Sec. 2. This act shall take effect September 1, 1993.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Bauer, the Senate concurred in the House amendments to Senate Bill No. 5883.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5883, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5883, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 1; Absent, 3; Excused, 4.

Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McCaslin, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 41.

Voting nay: Senator Barr - 1.

Absent: Senators McAuliffe, Owen and Sheldon - 3.

Excused: Senators Haugen, McDonald, Sellar and von Reichbauer - 4.

SENATE BILL NO. 5883, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Loveland, Senators McAuliffe and Sheldon were excused.

MESSAGE FROM THE HOUSE

April 12, 1993

MR. PRESIDENT:

The House had passed SENATE BILL NO. 5903 with the following amendment(s):

On page 1, line 10, after "enrolled in a" strike "community or"

On page 1, line 15, after "districts." insert "This section does not apply to students enrolled in the running start program established in RCW 28A.600.310.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Bauer, the Senate concurred in the House amendments to Senate Bill No. 5903.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5903, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5903, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.

Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.

Absent: Senators Bauer and Owen - 2.

Excused: Senators Haugen, McAuliffe, Sellar, Sheldon and von Reichbauer - 5.

SENATE BILL NO. 5903, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Loveland, Senator Owen was excused.

MESSAGE FROM THE HOUSE

April 13, 1993

MR. PRESIDENT:

The House had passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5911 with the following amendment(s):

On page 1, line 14, after "((ninety))" strike "fifty" and insert "seventy-five", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Skratek, the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5911.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5911, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5911, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 2; Absent, 1; Excused, 5.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Loveland, McCaslin, McDonald, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 41.

Voting nay: Senators Moore and Talmadge - 2.

Absent: Senator Jesernig - 1.

Excused: Senators Haugen, McAuliffe, Owen, Sheldon and von Reichbauer - 5.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5911, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 7, 1993

MR. PRESIDENT:

The House had passed SUBSTITUTE SENATE BILL NO. 5913 with the following amendment(s):

On page 2, line 32, beginning with "RCW 70.44.200" strike all the matter through "filed" on line 37, and insert "((RCW 70.44.200)) this section shall be an alternative method of annexation applicable only ((when)) if at the time ((a)) the annexation petition is filed ((pursuant to RCW 70.44.200)) either there are no ((qualified electors)) registered voters residing in the territory proposed to be annexed or the petition is also signed by all of the registered voters residing in the territory proposed to be annexed", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Drew, the Senate concurred in the House amendment to Substitute Senate Bill No. 5913.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5913, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5913, as amended by the House, 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, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.

Excused: Senators Haugen, McAuliffe, Owen, Sheldon and von Reichbauer - 5.

SUBSTITUTE SENATE BILL NO. 5913, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 8, 1993

MR. PRESIDENT:

The House had passed ENGROSSED SENATE BILL NO. 5917 with the following amendment(s):

On page 10, after line 35, insert:

"NEW SECTION. Sec. 14. A new section is added to chapter 47.30 RCW to read as follows:

For purposes of 43 U.S.C. 912 and related provisions of federal law involving federally granted railroad rights of way, a bicycle, equestrian or pedestrian path shall be deemed to be a public highway under the laws of the state of Washington."

Renumber the remaining sections consecutively., and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Vognild, the Senate concurred in the House amendment to Engrossed Senate Bill No. 5917.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5917, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5917, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Excused: Senators Haugen, McAuliffe, Owen, Sheldon and von Reichbauer - 5.

ENGROSSED SENATE BILL NO. 5917, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

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

MOTION

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

SENATE RESOLUTION 1993-8638

By Senator Rasmussen

WHEREAS, The Eatonville Cruisers are the 1992 State A Boys' Football Champions; and

WHEREAS, The Cruisers became state champions by defeating the outstanding football team, the Leopards of Zillah; and

WHEREAS, Head Coach Steve Gervais, Assistant Coaches Bill Jacobs, George Fairhart, Darrell Babcock, Sean McNabb and each and every member of the Cruiser squad worked together to create the will that fought the odds and enabled the Cruisers to make the biggest comeback in state championship history; and

WHEREAS, This will to win would not have been possible without the support and encouragement of all the students of Eatonville High School, the parents and families, staff, district members, and members of the community;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor the Eatonville Cruisers Boys' Football Team for this hard-earned championship and for its contribution to the spirit of the entire student body; and

BE IT FURTHER RESOLVED, That this resolution be immediately transmitted by the Secretary of the Senate to the Captain of the Eatonville Cruisers Championship Boys' Football Team, the Head Coach, the Student Body President, and the School Principal.

Senators Rasmussen, Amondson and Gaspard spoke to Senate Resolution 1993-8638.

INTRODUCTION OF SPECIAL GUESTS

The President introduced and congratulated the Eatonville Cruisers Basketball Team and the coaches who were seated in the gallery.

MOTION

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

MESSAGE FROM THE HOUSE

April 6, 1993

MR. PRESIDENT:

The House had passed SUBSTITUTE SENATE BILL NO. 5922 with the following amendment(s):

On page 3, line 23, after "anesthetist." insert ""Protocol" means a statement regarding practice and documentation concerning such items as categories of patients, categories of medications, or categories of procedures rather than detailed case-specific formulas for the practice of nurse anesthesia."

On page 3, line 24, strike all of section 2 and renumber the remaining section, and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk

MOTION

On motion of Senator Talmadge, the Senate concurred in the House amendments to Substitute Senate Bill No. 5922.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5922, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5922, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Excused: Senators Haugen, McAuliffe, Owen, Sheldon and von Reichbauer - 5.

SUBSTITUTE SENATE BILL NO. 5922, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 15, 1993

MR. PRESIDENT:

The House had passed ENGROSSED SUBSTITUTE SENATE JOINT MEMORIAL NO. 8016 with the following amendment(s):

On page 1, beginning on line 1, strike everything through "Washington." on page 3, line 2, and insert the following:

"TO THE HONORABLE BILL CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE SECRETARY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE, AND TO THE FEDERAL FOOD SAFETY AND INSPECTION SERVICE, AND TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION, AND TO THE FOOD AND DRUG ADMINISTRATION:

We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

WHEREAS, A great public health alarm has been caused in Washington state with over four hundred fifty people confirmed as having contracted Escherichia coli 0157:H7 since early December of 1992; and

WHEREAS, E. coli 0157:H7 has caused the death of three children, over one hundred fifty people have been hospitalized as of February 20, 1993, and thirty children have suffered hemolytic uremic syndrome, a serious side effect that causes kidney dysfunction and affects the blood clotting system; and

WHEREAS, People have contracted the infection by eating insufficiently cooked hamburger that had this particular strain of E. coli bacteria which contaminated the meat during or after the time of slaughter; and

WHEREAS, The extent that this newly detected strain of highly toxic bacteria is causing infections elsewhere in the United States is not accurately known because most other states have not designated E. coli 0157:H7 as a reportable disease; and

WHEREAS, Though citizens of the United States have enjoyed the safest food supply in the world, this outbreak has eroded confidence in food safety in general and meat inspection in particular, and unless the problem is fully addressed, additional outbreaks are likely to occur;

NOW, THEREFORE, Your memorialists respectfully pray that the appropriate federal agencies, including, but not limited to, the Food Safety and Inspection Service of the United States Department of Agriculture, the Centers for Disease Control and Prevention, and the Food and Drug Administration form a task force to: (1) Promptly and fully investigate and monitor outbreaks of E. coli 0157:H7 throughout the United States in cooperation with state and local governments; (2) examine the full food chain process from farm to table to determine how improvements may be made to better guarantee the safety of our food supply; (3) examine whether meat and meat products imported into this country comply with comparable inspection and health standards as does domestically processed meat; (4) designate E. coli 0157:H7 as a reportable disease throughout the nation; and (5) start the process needed to update the Food and Drug Administration Model Food Code to reflect the new knowledge and technology that impact food safety.

BE IT RESOLVED, That the federal Food Safety and Inspection Service is requested to provide a written report to the Washington state legislature in January 1994 of the changes and improvements that have been accomplished to address this public health issue; and

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Bill Clinton, President of the United States, Mike Espy, Secretary of the United States Department of Agriculture, the federal Food Safety and Inspection Service, the Centers for Disease Control and Prevention, the Food and Drug Administration, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Rasmussen, the Senate concurred in the House amendment to Engrossed Substitute Senate Joint Memorial No. 8016.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Joint Memorial No. 8016, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Joint Memorial No. 8016, as amended by the House, and the joint memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.

Absent: Senator McDonald - 1.

Excused: Senator von Reichbauer - 1.

ENGROSSED SUBSTITUTE SENATE JOINT MEMORIAL NO. 8016, as amended by the House, having received the constitutional majority, was declared passed.

MESSAGE FROM THE HOUSE

April 6, 1993

MR. PRESIDENT:

The House had passed SENATE JOINT MEMORIAL NO. 8021 with the following amendment(s):

On page 2, line 21, strike "approximately double its budget and", and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk

MOTION

On motion of Senator Fraser, the Senate concurred in the House amendment to Senate Joint Memorial No. 8021.

The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8021, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Memorial No. 8021, as amended by the House, and the joint memorial passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

SENATE JOINT MEMORIAL. 8021, as amended by the House, having received the constitutional majority, was declared passed.

MOTION

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

MOTION

On motion of Senator Jesernig, the following bills, which were on the second reading calendar, were referred to the Committee on Rules:

SHB 1108 Nonpartisan local elections

HB 1132 Electric spa equipment

ESHB 1298 School/library dist levies

ESHB 1309 Wild salmonid protection

ESHB 1369 Vocational education

HB 1376 Mobile home parks/access

ESHB 1519 Housing affordability office

EHB 1536 Mobile home park mntence

SHB 1703 Alternate operator service

ESHB 1739 Citizen suggestion program

EHB 1756 Certified electricians use

SHB 1795 Vehicular pursuit

HB 1929 Regional transportation plan

HB 1942 Transportation planning

ESHB 1949 Nonprofit org/political actv

SHB 2007 Low-income housing funding

HB 2112 Taxation

MOTION

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

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

April 19, 1993

GA 9126 ROBERT A. TURNER, appointed January 18, 1993, for a term ending at the Governor's pleasure, as Director of the Department of Fisheries.

Reported by Committee on Natural Resources

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Owen, Chairman; Amondson, Haugen, Oke, Snyder, and Spanel.

Passed to Committee on Rules.

April 19, 1993

GA 9270 ROBERT V. JENSEN, appointed February 9, 1993, for a term ending June 30, 1998, as a member of the Pollution Control/Shorelines Hearings Board.

Reported by Committee on Natural Resources

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Owen, Chairman; Amondson, Erwin, Haugen, Oke, Snyder, and Spanel.

Passed to Committee on Rules.

April 19, 1993

GA 9292 SENATOR DEAN SUTHERLAND, reappointed March 4, 1993, for a term ending June 12, 1995, as a member of the Pacific Marine Fisheries Commission.

Reported by Committee on Natural Resources

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Owen, Chairman; Amondson, Erwin, Haugen, Oke, Snyder, and Spanel.

Passed to Committee on Rules.

April 19, 1993

GA 9313 SENATOR HARRIET A. SPANEL, reappointed February 26, 1993, for a term ending June 12, 1995, as a member of the Pacific Marine Fisheries Commission.

Reported by Committee on Natural Resources

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Owen, Chairman; Amondson, Erwin, Haugen, Oke, Snyder, and Spanel.

Passed to Committee on Rules.

April 19, 1993

GA 9318 RICHARD KELLY, appointed April 1, 1993, for a term ending June 30, 1996, as a member of the Pollution Control/Shorelines Hearings Board.

Reported by Committee on Natural Resources

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Owen, Chairman; Amondson, Erwin, Haugen, Oke, Snyder, and Spanel.

Passed to Committee on Rules.

MOTION

At 10:55 a.m., on motion of Senator Jesernig, the Senate recessed until 11:15 a.m.

The Senate was called to order at 11:54 a.m. by President Pritchard.

MOTION

At 11:54 a.m., on motion of Senator Jesernig, the Senate recessed until 1:00 p.m.

The Senate was called to order at 1:09 p.m. by President Pritchard.

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

MESSAGE FROM THE HOUSE

April 9, 1993

MR. PRESIDENT:

The House had passed SUBSTITUTE SENATE BILL NO. 5332 with the following amendment(s):

On page 2, line 21, after "appropriation." insert "Before implementing a fee program for underwater park uses, the commission shall submit to the appropriate committees of the legislature an estimate of what the fees would be and a plan for collecting these fees."

On page 2, strike lines 29 through 30 and insert the following:

"NEW SECTION. Sec. 5. The commission is not liable for unintentional injuries to users of underwater parks, whether the facilities are administered by the commission or by another entity or person. However, nothing in this section prevents the liability of the commission for injuries sustained by a user by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act are each added to chapter 43.51 RCW.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Fraser, the Senate concurred in the House amendments to Substitute Senate Bill No. 5332.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5332, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5332, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.

Absent: Senators Amondson and McCaslin - 2.

SUBSTITUTE SENATE BILL NO. 5332, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Oke, Senators Roach and Sellar were excused.

MESSAGE FROM THE HOUSE

April 6, 1993

MR. PRESIDENT:

The House had passed SUBSTITUTE SENATE BILL NO. 5443 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 16.65.030 and 1991 c 17 s 1 are each amended to read as follows:

(1) On and after June 10, 1959, no person shall operate a public livestock market without first having obtained a license from the director. Application for such license or renewal thereof shall be in writing on forms prescribed by the director, and shall include the following:

(a) A legal description of the property upon which the public livestock market shall be located.

(b) A complete description and blueprints or plans of the public livestock market physical plant, yards, pens, and all facilities the applicant proposes to use in the operation of such public livestock market.

(c) A detailed statement showing all the assets and liabilities of the applicant which must reflect a sufficient net worth to construct or operate a public livestock market.

(d) The schedule of rates and charges the applicant proposes to impose on the owners of livestock for services rendered in the operation of such livestock market.

(e) The weekly or monthly sales day or days on which the applicant proposes to operate his or her public livestock market sales.

(f) Projected source and quantity of livestock, by county, anticipated to be handled.

(g) Projected income and expense statements for the first year's operation.

(h) Facts upon which are based the conclusion that the trade area and the livestock industry will benefit because of the proposed market.

(i) Such other information as the director may reasonably require.

(2) The director shall, after public hearing as provided by chapter 34.05 RCW, grant or deny an application for original license for a public livestock market after considering evidence and testimony relating to all of the requirements of this section and giving reasonable consideration at the same hearing to:

(a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application; and

(b) The present market services elsewhere available to the trade area proposed to be served.

(3) Such application shall be accompanied by a license fee based on the average gross sales volume per official sales day of that market:

(a) Markets with an average gross sales volume up to and including ten thousand dollars, a fee of no less than one hundred ((dollar fee)) dollars or more than one hundred fifty dollars;

(b) Markets with an average gross sales volume over ten thousand dollars and up to and including fifty thousand dollars, a fee of no less than two hundred ((dollar fee)) dollars or more than three hundred fifty dollars; and

(c) Markets with an average gross sales volume over fifty thousand dollars, a fee of no less than three hundred ((dollar fee)) dollars or more than four hundred fifty dollars.

The fees for public livestock market licensees shall be set by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act.

(4) Any applicant operating more than one public livestock market shall make a separate application for a license to operate each such public livestock market, and each such application shall be accompanied by the appropriate license fee.

(5) Upon the approval of the application by the director and compliance with the provisions of this chapter, the applicant shall be issued a license or renewal thereof. Any license issued under the provisions of this chapter shall only be valid at location and for the sales day or days for which the license was issued.

Sec. 2. RCW 16.65.090 and 1983 c 298 s 8 are each amended to read as follows:

The director shall provide for brand inspection. When such brand inspection is required the licensee shall collect from the consignor and pay to the department, as provided by law, a fee for brand inspection for each animal consigned to the public livestock market or special open consignment horse sale((: PROVIDED, That if in any one sale day the total fees collected for brand inspection do not exceed sixty dollars, then such licensee shall pay sixty dollars for such brand inspection or as much thereof as the director may prescribe)). The director shall set by rule, adopted after a hearing under chapter 34.05 RCW and in conformance with section 10 of this act, a minimum daily inspection fee that shall be paid to the department by the licensee. Such a fee shall be not less than sixty dollars and not more than ninety dollars.

Sec. 3. RCW 16.58.050 and 1979 c 81 s 2 are each amended to read as follows:

The application for an annual license to engage in the business of operating one or more certified feed lots shall be accompanied by a license fee of no less than five hundred dollars or no more than seven hundred fifty dollars. The actual license fee for a certified feed lot license shall be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act. Upon approval of the application by the director and compliance with the provisions of this chapter and rules ((and regulations)) adopted hereunder, the applicant shall be issued a license or a renewal thereof.

Sec. 4. RCW 16.58.130 and 1991 c 109 s 14 are each amended to read as follows:

Each licensee shall pay to the director a fee of no less than ten cents but no more than fifteen cents for each head of cattle handled through the licensee's feed lot. The fee shall be set by the director by rule after a hearing under chapter 34.05 RCW and in conformance with section 10 of this act. Payment of such fee shall be made by the licensee on a monthly basis. Failure to pay as required shall be grounds for suspension or revocation of a certified feed lot license. Further, the director shall not renew a certified feed lot license if a licensee has failed to make prompt and timely payments.

Sec. 5. RCW 16.57.080 and 1991 c 110 s 1 are each amended to read as follows:

The director shall establish by rule a schedule for the renewal of registered brands. The fee for renewal of the brands shall be no less than twenty-five dollars for each two-year period of brand ownership, except that the director may, in adopting a renewal schedule, provide for the collection of renewal fees on a prorated basis and may by rule increase the registration and renewal fee for brands by no more than fifty percent subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act. At least one hundred twenty days before the expiration of a registered brand, the director shall notify by letter the owner of record of the brand that on the payment of the requisite application fee and application of renewal the director shall issue the proof of payment allowing the brand owner exclusive ownership and use of the brand for the subsequent registration period. The failure of the registered owner to pay the renewal fee by the date required by rule shall cause such owner's brand to revert to the department. The director may for a period of one year following such reversion, reissue such brand only to the prior registered owner upon payment of ((twenty-five dollars and an additional fee of ten dollars)) the registration fee and a late filing fee to be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act, for renewal subsequent to the regular renewal period. The director may at ((his)) the director's discretion, if such brand is not reissued within one year to the prior registered owner, issue such brand to any other applicant.

Sec. 6. RCW 16.57.090 and 1974 ex.s. c 64 s 3 are each amended to read as follows:

A brand is the personal property of the owner of record. Any instrument affecting the title of such brand shall be acknowledged in the presence of the recorded owner and a notary public. The director shall record such instrument upon presentation and payment of a ((ten dollar)) recording fee not to exceed fifteen dollars to be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act. Such recording shall be constructive notice to all the world of the existence and conditions affecting the title to such brand. A copy of all records concerning the brand, certified by the director, shall be received in evidence to all intent and purposes as the original instrument. The director shall not be personally liable for failure of ((his)) the director's agents to properly record such instrument.

Sec. 7. RCW 16.57.140 and 1974 ex.s. c 64 s 4 are each amended to read as follows:

The owner of a brand of record may procure from the director a certified copy of the record of ((his)) the owner's brand upon payment of ((five dollars)) a fee not to exceed seven dollars and fifty cents to be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act.

Sec. 8. RCW 16.57.220 and 1981 c 296 s 17 are each amended to read as follows:

The director shall cause a charge to be made for all brand inspection of cattle and horses required under this chapter and rules ((and regulations)) adopted hereunder. Such charges shall be paid to the department by the owner or person in possession unless requested by the purchaser and then such brand inspection shall be paid by the purchaser requesting such brand inspection. Such inspection charges shall be due and payable at the time brand inspection is performed and shall be paid upon billing by the department and if not shall constitute a prior lien on the cattle or cattle hides or horses or horse hides brand inspected until such charge is paid. The director in order to best utilize the services of the department in performing brand inspection ((shall)) may establish schedules by days and hours when a brand inspector will be on duty to perform brand inspection at established inspection points. The fees for brand inspection ((performed at inspection points according to schedules established by the director)) shall be not less than ((thirty cents nor more than)) fifty cents nor more than seventy-five cents per head for cattle and not less than two dollars nor more than three dollars per head for horses as prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act. Fees for brand inspection of cattle and horses performed by the director at points other than those designated by the director or not in accord with the schedules established by ((him)) the director shall be based on a fee schedule not to exceed actual net cost to the department of performing the brand inspection service. Such schedule of fees shall be established subsequent to a hearing and all regulations concerning fees shall be adopted in accord with the provisions of chapter 34.05 RCW, the Administrative Procedure Act, concerning the adoption of rules as enacted or hereafter amended.

Sec. 9. RCW 16.57.400 and 1981 c 296 s 23 are each amended to read as follows:

The director may provide by rules and regulations adopted pursuant to chapter 34.05 RCW for the issuance of individual horse and cattle identification certificates or other means of horse and cattle identification deemed appropriate. Such certificates or other means of identification shall be valid only for the use of the horse and cattle owner in whose name it is issued.

Horses and cattle identified pursuant to the provisions of this section and the rules and regulations adopted hereunder shall not be subject to brand inspection except when sold at points provided for in RCW 16.57.380. The director shall charge a fee for the certificates or other means of identification authorized pursuant to this section and no identification shall be issued until the director has received the fee. The schedule of fees shall be established in accordance with the provisions of chapter 34.05 RCW.

NEW SECTION. Sec. 10. A new section is added to chapter 16.57 RCW to read as follows:

(1) The director shall establish a livestock identification advisory board. The board shall be composed of six members appointed by the director. One member shall represent each of the following groups: Beef producers, public livestock market operators, horse owners, dairy farmers, cattle feeders, and meat processors. In making appointments, the director shall solicit nominations from organizations representing these groups state-wide.

(2) The purpose of the board is to provide advice to the director regarding livestock identification programs administered under this chapter and regarding brand inspection fees and related licensing fees. The director shall consult the board before adopting, amending, or repealing a rule under this chapter or altering a fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090. If the director publishes in the state register a proposed rule to be adopted under the authority of this chapter or a proposed rule setting a fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090 and the rule has not received the approval of the advisory board, the director shall file with the board a written statement setting forth the director's reasons for proposing the rule without the board's approval.

(3) The members of the advisory board serve three-year terms. However, the director shall by rule provide shorter initial terms for some of the members of the board to stagger the expiration of the initial terms. The members serve without compensation. The director may authorize the expenses of a member to be reimbursed if the member is selected to attend a regional or national conference or meeting regarding livestock identification. Any such reimbursement shall be in accordance with RCW 43.03.050 and 43.03.060.

Sec. 11. RCW 16.57.410 and 1989 c 286 s 25 are each amended to read as follows:

(1) No person may act as a registering agency without a permit issued by the department. The director may issue a permit to any person or organization to act as a registering agency for the purpose of issuing permanent identification symbols for horses in a manner prescribed by the director. Application for such permit, or the renewal thereof by January 1 of each year, shall be on a form prescribed by the director, and accompanied by the proof of registration to be issued, any other documents required by the director, and a fee of one hundred dollars.

(2) Each registering agency shall maintain a permanent record for each individual identification symbol. The record shall include, but need not be limited to, the name, address, and phone number of the horse owner and a general description of the horse. A copy of each permanent record shall be forwarded to the director, if requested by the director.

(3) Individual identification symbols shall be inspected as required for brands under RCW 16.57.220 and 16.57.380 ((and 16.57.390)). Any horse presented for inspection and bearing such a symbol, but not accompanied by proof of registration and certificate of permit, shall be sold as provided under RCW 16.57.290 through 16.57.330.

(4) The director shall adopt such rules as are necessary for the effective administration of this section pursuant to chapter 34.05 RCW.

NEW SECTION. Sec. 12. RCW 16.57.390 and 1974 ex.s. c 38 s 2 are each repealed.", and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk

MOTION

On motion of Senator Rasmussen, the Senate concurred in the House amendment to Substitute Senate Bill No. 5443.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5443, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5443, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.

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

Voting nay: Senators Cantu, Deccio and McDonald - 3.

Excused: Senators Roach and Sellar - 2.

SUBSTITUTE SENATE BILL NO. 5443, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

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

STATEMENT FOR THE JOURNAL

Pursuant to Senate Rule 34, the undersigned submit the following statement protesting passage of Substitute House Bill No. 1988 for entry in the Journal:

"We protest the extraordinary action of the Senate in diverting funds placed in trust by Washington employers. However, our votes against Substitute House Bill No. 1988, which diverts such funds, must not be construed as opposition to workforce training for dislocated workers.

Diversion of unemployment insurance trust funds would not be necessary if the majority party had not reduced community college funding in the first place. To rob the fund that supports unemployed workers and their families while unemployment is increasing sets a dangerous precedent and shows a lack of foresight.

In recent years, we have provided aid to timber-dependent communities and made dramatic investments in higher education (since 1988, we have helped provide an average or $22 million per year, allowing over 5,500 new students to attend community colleges).

Through the debate and final vote on Substitute House Bill No. 1988, we fought to protect a fund that is the only financial support available to most unemployed workers in our state. We could not support this measure knowing it may reduce future benefits for unemployed workers or increase future payroll taxes for employers.

To workforce training, we say 'yes.' To stealing money from community colleges, then offering it back by robbing from employers and the unemployed, we say 'no.'"

SENATOR ANN ANDERSON, 42nd District,

SENATOR GARY A. NELSON, 21st District,

SENATOR HAROLD HOCHSTATTER, 13th District,

SENATOR IRV NEWHOUSE, 15th District,

SENATOR NEIL AMONDSON, 20th District,

SENATOR BOB OKE, 26th District,

SENATOR GEORGE SELLAR, 12th District,

SENATOR BOB McCASLIN, 4th District,

SENATOR ALEX DECCIO, 14th District,

SENATOR EMILIO CANTU, 41st District,

SENATOR LINDA A. SMITH, 18th District,

SENATOR DAN McDONALD, 48th District,

SENATOR SCOTT BARR, 7th District,

SENATOR EUGENE PRINCE, 9th District,

SENATOR JAMES WEST, 6th District.

STATEMENT FOR THE JOURNAL

I submit the following statement in protest to passage of Substitute House Bill No. 1988.

"Workforce training benefits workers and employers alike. I have been a strong supporter of workforce training programs. As a community college graduate and advocate, I was troubled when the general fund budgets were offered which cut deeply into community college funding. I voted no on these budgets.

Substitute House Bill No. 1988 seeks to fund these good programs with a bad funding source: the unemployment insurance trust fund.

It is a trust fund because the workers trust the money will be there when they need it for unemployment compensation. Businesses trust that these monies will not be squandered on the general needs of government.

Today, we steal from the fund for workforce training. What additional worthy causes will this fund be asked to bear tomorrow? Drug rehabilitation? Day care? These are general fund expenditures. Workforce training should continue to be a general fund investment.

Amendments I supported to use general fund money for workforce training were offered, but turned down.

On final passage, the Senate had the choice of stealing from laid-off workers to support community colleges. It's a choice we should never have been asked to make and one which I reject."

SENATOR TIM ERWIN, 44th District

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1988, by House Committee on Trade, Economic Development & Housing (originally sponsored by Representatives Sheldon, Forner, Wineberry, Wood, Shin, Jones, Peery, Roland, Flemming, Quall, Springer, Conway, Morris, Valle, Dorn, Campbell, Linville, Karahalios, Eide, J. Kohl, H. Myers, Kessler, Holm, Wang, Wolfe, Anderson, Appelwick, Orr, Ogden, G. Cole, Scott, Lemmon, Leonard, Locke, R. Fisher, L. Johnson, Rayburn, Pruitt and Patterson)

Providing for employment and training services.

The bill was read the second time.

MOTION

On motion of Senator Rinehart, the following Committee on Trade, Technology, and Economic Development amendment was not adopted:

Strike everything after the enacting clause and insert the following:

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

(1) The economy of the state depends on a well-trained work force and a strong employment and unemployment system. A well-trained work force generates the productivity employers need in order to compete in the global economy and to pay workers good wages. A strong employment and unemployment system ameliorates the negative impacts of unemployment and matches the needs of employers with individuals seeking employment.

(2) The legislature further finds that too many Washington workers are unemployed, many of whom need new or enhanced work force skills in order to meet current demand in the labor market. With the increasing pace of economic change, employees must become life-long learners who periodically obtain additional education and training. The state should provide unemployed workers a variety of effective services, including timely payment of unemployment benefits, job and career counseling, job referral services, and training.

(3) At the same time, too many employers report problems finding workers with the right skills. The state should provide employers with an effective training system and an efficient method for locating well-qualified workers.

Therefore, the legislature finds it necessary and in the public interest to create an employment and training trust fund in order to provide state funding for employment and training services.

NEW SECTION. Sec. 2. A new section is added to chapter 50.24 RCW to read as follows:

Employment and training trust fund contributions to the employment and training trust fund shall accrue and become payable by each employer, except employers as described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035, those employers who are required to make payments in lieu of contributions, and those qualified employers assigned rate class 20 under RCW 50.29.025 at the rate of twelve one-hundredths of one percent for rate years 1994, 1995, 1996, and 1997. The amount of wages subject to tax shall be determined under RCW 50.24.010.

NEW SECTION. Sec. 3. A new section is added to chapter 50.16 RCW to read as follows:

There is hereby established the employment and training trust fund. All moneys in this fund are irrevocably vested for the administration of this title. The employment and training trust fund shall consist of all moneys from employment and training trust fund contributions as established in section 2 of this act. The treasurer of the employment security department shall deposit, administer, and disburse all moneys in the fund under rules adopted by the commissioner and RCW 43.01.050 and 43.84.092 are not applicable to this fund. The treasurer of the employment security department shall be the treasurer of the employment and training trust fund as described in RCW 50.16.020 and shall give a bond conditioned upon the faithful performance of his or her duties in connection with the fund. All sums recovered on the official bond for losses sustained by the employment and training trust fund must be deposited in the fund. Notwithstanding any provision of this section, all moneys received and deposited in the fund under chapter . . ., Laws of 1993 (this act), remain part of the employment and training trust fund and may be used solely for the following purposes:

(1) Providing training and related support services, including financial aid, to individuals who have been terminated or have received a notice of termination from employment, and who are eligible for or have exhausted their entitlement to unemployment compensation benefits within the previous twenty-four months;

(2) Assisting workers in finding employment through job referral, job development, counseling, and referral to training resources;

(3) Obtaining labor market information necessary for the administration of the unemployment insurance program and to assist unemployed workers in finding employment;

(4) Performing research by an independent state auditing agency or an independent contractor to determine effectiveness of unemployment insurance programs and to determine whether program changes would benefit workers and employers;

(5) Collecting contributions for and administration of the employment and training trust fund;

(6) Improving service through improved use of information technology; and

(7) Establishing collocation employment security and job service outstations at seven community and technical college campuses across the state.

NEW SECTION. Sec. 4. A new section is added to chapter 50.16 RCW to read as follows:

An individual may be eligible for applicable employment security benefits while participating in work force training. Eligibility is at the discretion of the commissioner of employment security after submitting a commissioner-approved training waiver and developing a detailed individualized training plan.

Benefits paid under this section may not be charged to the experience rating accounts of individual employers.

The commissioner shall adopt rules as necessary to implement this section.

NEW SECTION. Sec. 5. Aerospace workers unemployed as the result of downsizing and restructuring of the aerospace industry will be deemed to be dislocated workers for the purpose of commissioner approval of training under RCW 50.20.043.

NEW SECTION. Sec. 6. (1) The treasurer of the employment security department shall disburse the amounts appropriated by section 15, chapter . . ., Laws of 1993 (section 15 of this act) to the state board for community and technical colleges. These funds shall be allotted for, and only for, training programs and related support services, including financial aid, in the community and technical college system that:

(a) Are consistent with work force training priorities and based upon the comprehensive plan for work force training developed by the work force training and education coordinating board. The state board for community and technical colleges shall develop a plan for use and evaluation of these funds which is to be approved by the work force training and education coordinating board for consistency with their work force priorities. Further, the state board for community and technical colleges shall report to the work force training and education coordinating board and the legislature annually on the progress and results of the training and support services provided to eligible participants;

(b) Provide increased enrollments for individuals who have been terminated or have received a notice of termination from employment, and who are eligible for or have exhausted their entitlement to unemployment compensation benefits within the previous twenty-four months, with first priority given to individuals who are unlikely to return to employment in the individuals' principal occupation or previous industry because of a diminishing demand for their skills in that occupation or industry; and

(c) Provide increased enrollments and support services, including financial aid, that do not replace or supplant any existing enrollments, programs, support services, or funding sources. For fiscal year 1994, the state board for community and technical colleges may borrow from the general fund to initiate the programs authorized under this act. However, the board shall repay the borrowed amount by the end of the fiscal biennium from funds appropriated to it from the employment and training trust fund.

(2) For purposes of chapter . . ., Laws of 1993 (this act), training provided by the community and technical colleges shall only consist of basic skills and literacy, occupational skills, vocational education, and related or supplemental instruction for apprentices who are enrolled in a registered, state-approved apprenticeship program. Community and technical colleges may contract with skill centers to provide training authorized in this section. Upon the request of an eligible recipient, a community and technical college may contract with a private technical school for specialized vocational training. Available tuition for the training is limited to the amount that would otherwise be obtained per enrolled quarter to a public institution. Furthermore, the funding is only available to students who seek training in a course of study not available at a public institution within an eligible recipient's congressional district.

Sec. 7. RCW 50.16.010 and 1991 sp.s. c 13 s 59 are each amended to read as follows:

There shall be maintained as special funds, separate and apart from all public moneys or funds of this state an unemployment compensation fund, an administrative contingency fund, an employment and training trust fund, and a federal interest payment fund, which shall be administered by the commissioner exclusively for the purposes of this title, and to which RCW 43.01.050 and 43.84.092 shall not be applicable.

(1) The unemployment compensation fund shall consist of

(((1))) (a) all contributions and payments in lieu of contributions collected pursuant to the provisions of this title,

(((2))) (b) any property or securities acquired through the use of moneys belonging to the fund,

(((3))) (c) all earnings of such property or securities,

(((4))) (d) any moneys received from the federal unemployment account in the unemployment trust fund in accordance with Title XII of the social security act, as amended,

(((5))) (e) all money recovered on official bonds for losses sustained by the fund,

(((6))) (f) all money credited to this state's account in the unemployment trust fund pursuant to section 903 of the social security act, as amended,

(((7))) (g) all money received from the federal government as reimbursement pursuant to section 204 of the federal-state extended compensation act of 1970 (84 Stat. 708-712; 26 U.S.C. Sec. 3304), and

(((8))) (h) all moneys received for the fund from any other source.

All moneys in the unemployment compensation fund shall be commingled and undivided.

(2)(a) The administrative contingency fund shall consist of:

(i) All interest on delinquent contributions collected pursuant to this title((,));

(ii) All fines and penalties collected pursuant to the provisions of this title((,));

(iii) All sums recovered on official bonds for losses sustained by the fund((,)); and

(iv) Revenue received under RCW 50.24.014:

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.

(b) Moneys available in the administrative contingency fund, other than money in the special account created under RCW 50.24.014, shall be expended upon the direction of the commissioner, with the approval of the governor, whenever it appears to him or her that such expenditure is necessary for:

(((a))) (i) The proper administration of this title and no federal funds are available for the specific purpose to which such expenditure is to be made, provided, the moneys are not substituted for appropriations from federal funds which, in the absence of such moneys, would be made available.

(((b))) (ii) The proper administration of this title for which purpose appropriations from federal funds have been requested but not yet received, provided, the administrative contingency fund will be reimbursed upon receipt of the requested federal appropriation.

Money in the special account created under RCW 50.24.014 may only be expended, after appropriation, for the purposes specified in RCW ((74.09.035, 74.09.510, 74.09.520, and 74.09.700)) 50.62.010, 50.62.020, 50.62.030, 50.04.070, 50.04.072, 50.16.010, 50.29.025, 50.24.014, 50.44.053, and 50.22.010.

(3) The employment and training trust fund shall consist of all contributions received from the employment and training trust fund contributions in accordance with section 2 of this act.

Sec. 8. RCW 50.16.010 and 1993 c .... s 7 (section 7 of this act) are each amended to read as follows:

There shall be maintained as special funds, separate and apart from all public moneys or funds of this state an unemployment compensation fund, an administrative contingency fund, ((an employment and training trust fund,)) and a federal interest payment fund, which shall be administered by the commissioner exclusively for the purposes of this title, and to which RCW 43.01.050 ((and 43.84.092)) shall not be applicable.

(((1))) The unemployment compensation fund shall consist of

(((a))) (1) all contributions and payments in lieu of contributions collected pursuant to the provisions of this title,

(((b))) (2) any property or securities acquired through the use of moneys belonging to the fund,

(((c))) (3) all earnings of such property or securities,

(((d))) (4) any moneys received from the federal unemployment account in the unemployment trust fund in accordance with Title XII of the social security act, as amended,

(((e))) (5) all money recovered on official bonds for losses sustained by the fund,

(((f))) (6) all money credited to this state's account in the unemployment trust fund pursuant to section 903 of the social security act, as amended,

(((g))) (7) all money received from the federal government as reimbursement pursuant to section 204 of the federal-state extended compensation act of 1970 (84 Stat. 708-712; 26 U.S.C. Sec. 3304), and

(((h))) (8) all moneys received for the fund from any other source.

All moneys in the unemployment compensation fund shall be commingled and undivided.

(((2)(a))) The administrative contingency fund shall consist of((:

(i))) all interest on delinquent contributions collected pursuant to this title((;

(ii))), all fines and penalties collected pursuant to the provisions of this title((;

(iii))), all sums recovered on official bonds for losses sustained by the fund((;)), and

(((iv))) revenue received under RCW 50.24.014:

(((b))) Moneys available in the administrative contingency fund, other than money in the special account created under RCW 50.24.014, shall be expended upon the direction of the commissioner, with the approval of the governor, whenever it appears to him or her that such expenditure is necessary for:

(((i))) (a) The proper administration of this title and no federal funds are available for the specific purpose to which such expenditure is to be made, provided, the moneys are not substituted for appropriations from federal funds which, in the absence of such moneys, would be made available.

(((ii))) (b) The proper administration of this title for which purpose appropriations from federal funds have been requested but not yet received, provided, the administrative contingency fund will be reimbursed upon receipt of the requested federal appropriation.

Money in the special account created under RCW 50.24.014 may only be expended, after appropriation, for the purposes specified in RCW 50.62.010, 50.62.020, 50.62.030, 50.04.070, 50.04.072, 50.16.010, 50.29.025, 50.24.014, 50.44.053, and 50.22.010.

(((3) The employment and training trust fund shall consist of all contributions received from the employment and training trust fund contributions in accordance with section 2 of this act.))

Sec. 9. RCW 50.16.020 and 1983 1st ex.s. c 23 s 10 are each amended to read as follows:

The commissioner shall designate a treasurer and custodian of the unemployment compensation fund, the employment and training trust fund, and ((of)) the administrative contingency fund, who shall administer such funds in accordance with the directions of the commissioner and shall issue his or her warrants upon them in accordance with such regulations as the commissioner shall prescribe. ((He)) The treasurer and custodian shall maintain within the unemployment compensation fund three separate accounts as follows:

(1) a clearing account,

(2) an unemployment trust fund account, and

(3) a benefit account.

All moneys payable to the unemployment compensation fund, upon receipt thereof by the commissioner, shall be forwarded to the treasurer, who shall immediately deposit them in the clearing account. Refunds payable pursuant to the provisions of this title from the unemployment compensation fund may be paid from the clearing account upon warrants issued by the treasurer under the direction of the commissioner: PROVIDED, HOWEVER, That refunds of interest or penalties on delinquent contributions shall be paid from the administrative contingency fund upon warrants issued by the treasurer under the direction of the commissioner.

After clearance thereof, all other moneys in the clearing account shall be immediately deposited with the Secretary of the Treasury of the United States to the credit of the account of this state in the unemployment trust fund, established and maintained pursuant to section 904 of the social security act, as amended, any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding.

The benefit account shall consist of all moneys requisitioned from this state's account in the unemployment trust fund. Moneys in the clearing and benefit accounts and in the administrative contingency fund shall not be commingled with other state funds, but shall be deposited by the treasurer, under the direction of the commissioner, in any bank or public depository in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund.

Such moneys shall be secured by said bank or public depository to the same extent and in the same manner as required by the general depository law of the state and collateral pledged shall be maintained in a separate custody account.

The treasurer shall give a bond conditioned upon the faithful performance of his or her duties as a custodian of the funds in an amount fixed by the director of the department of general administration and in a form prescribed by law or approved by the attorney general. Premiums for said bond shall be paid from the administration fund. All sums recovered on official bonds for losses sustained by the unemployment compensation fund shall be deposited in such fund. All sums recovered on official bonds for losses sustained by the administrative contingency fund shall be deposited in such fund.

Sec. 10. RCW 50.16.020 and 1993 c .... s 9 (section 9 of this act) are each amended to read as follows:

The commissioner shall designate a treasurer and custodian of the unemployment compensation fund((, the employment and training trust fund,)) and of the administrative contingency fund, who shall administer such funds in accordance with the directions of the commissioner and shall issue his or her warrants upon them in accordance with such regulations as the commissioner shall prescribe. The treasurer and custodian shall maintain within the unemployment compensation fund three separate accounts as follows:

(1) a clearing account,

(2) an unemployment trust fund account, and

(3) a benefit account.

Sec. 11. RCW 50.29.025 and 1990 c 245 s 7 are each amended to read as follows:

The contribution rate for each employer shall be determined under this section.

(1) A fund balance ratio shall be determined by dividing the balance in the unemployment compensation fund as of the June 30th immediately preceding the rate year by the total remuneration paid by all employers subject to contributions during the second calendar year preceding the rate year and reported to the department by the following March 31st. The division shall be carried to the fourth decimal place with the remaining fraction, if any, disregarded. The fund balance ratio shall be expressed as a percentage.

(2) The interval of the fund balance ratio, expressed as a percentage, shall determine which tax schedule in subsection (5) of this section shall be in effect for assigning tax rates for the rate year. The intervals for determining the effective tax schedule shall be:

Interval of the

Fund Balance Ratio Effective

Expressed as a Percentage Tax Schedule

3.40 and above A

2.90 to 3.39 B

2.40 to 2.89 C

1.90 to 2.39 D

1.40 to 1.89 E

Less than 1.40 F

(3) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (a) Identification number; (b) benefit ratio; (c) taxable payrolls for the four calendar quarters immediately preceding the computation date and reported to the department by the cut-off date; (d) a cumulative total of taxable payrolls consisting of the employer's taxable payroll plus the taxable payrolls of all other employers preceding him or her in the array; and (e) the percentage equivalent of the cumulative total of taxable payrolls.

(4) Each employer in the array shall be assigned to one of twenty rate classes according to the percentage intervals of cumulative taxable payrolls set forth in subsection (5) of this section: PROVIDED, That if an employer's taxable payroll falls within two or more rate classes, the employer and any other employer with the same benefit ratio shall be assigned to the lowest rate class which includes any portion of the employer's taxable payroll.

(5) The contribution rate for each employer in the array shall be the rate specified in the following tables for the rate class to which he or she has been assigned, as determined under subsection (4) of this section, within the tax schedule which is to be in effect during the rate year:

Percent of

Cumulative Schedule((s)) of Contribution((s)) Rates

Taxable Payrolls for Effective Tax Schedule

Rate

From To Class A B C D E F

0.00 5.00 1 0.48 0.58 0.98 1.48 1.88 2.48

5.01 10.00 2 0.48 0.78 1.18 1.68 2.08 2.68

10.01 15.00 3 0.58 0.98 1.38 1.78 2.28 2.88

15.01 20.00 4 0.78 1.18 1.58 1.98 2.48 3.08

20.01 25.00 5 0.98 1.38 1.78 2.18 2.68 3.18

25.01 30.00 6 1.18 1.58 1.98 2.38 2.78 3.28

30.01 35.00 7 1.38 1.78 2.18 2.58 2.98 3.380

35.01 40.00 8 1.58 1.98 2.38 2.78 3.18 3.58

40.01 45.00 9 1.78 2.18 2.58 2.98 3.38 3.78

45.01 50.00 10 1.98 2.38 2.78 3.18 3.58 3.98

50.01 55.00 11 2.28 2.58 2.98 3.38 3.78 4.08

55.01 60.00 12 2.48 2.78 3.18 3.58 3.98 4.28

60.01 65.00 13 2.68 2.98 3.38 3.78 4.18 4.48

65.01 70.00 14 2.88 3.18 3.58 3.98 4.38 4.68

70.01 75.00 15 3.08 3.38 3.78 4.18 4.58 4.78

75.01 80.00 16 3.28 3.58 3.98 4.38 4.68 4.88

80.01 85.00 17 3.48 3.78 4.18 4.58 4.88 4.98

85.01 90.00 18 3.88 4.18 4.58 4.88 4.98 5.18

90.01 95.00 19 4.28 4.58 4.98 5.08 5.18 5.38

95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40))

0.00 5.00 1 0.36 0.46 0.86 1.36 1.76 2.36

5.01 10.00 2 0.36 0.66 1.06 1.56 1.96 2.56

10.01 15.00 3 0.46 0.86 1.26 1.66 2.16 2.76

15.01 20.00 4 0.66 1.06 1.46 1.86 2.36 2.96

20.01 25.00 5 0.86 1.26 1.66 2.06 2.56 3.06

25.01 30.00 6 1.06 1.46 1.86 2.26 2.66 3.16

30.01 35.00 7 1.26 1.66 2.06 2.46 2.86 3.26

35.01 40.00 8 1.46 1.86 2.26 2.66 3.06 3.46

40.01 45.00 9 1.66 2.06 2.46 2.86 3.26 3.66

45.01 50.00 10 1.86 2.26 2.66 3.06 3.46 3.86

50.01 55.00 11 2.16 2.46 2.86 3.26 3.66 3.96

55.01 60.00 12 2.36 2.66 3.06 3.46 3.86 4.16

60.01 65.00 13 2.56 2.86 3.26 3.66 4.06 4.36

65.01 70.00 14 2.76 3.06 3.46 3.86 4.26 4.56

70.01 75.00 15 2.96 3.26 3.66 4.06 4.46 4.66

75.01 80.00 16 3.16 3.46 3.86 4.26 4.56 4.76

80.01 85.00 17 3.36 3.66 4.06 4.46 4.76 4.86

85.01 90.00 18 3.76 4.06 4.46 4.76 4.86 5.06

90.01 95.00 19 4.16 4.46 4.86 4.96 5.06 5.26

95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40

(6) The contribution rate for each employer not qualified to be in the array shall be as follows:

(a) Employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due shall be assigned the contribution rate of five and four-tenths percent, except employers who have an approved agency-deferred payment contract by September 30 of the previous rate year. If any employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to five and four-tenths percent for the current rate year;

(b) The contribution rate for employers exempt as of December 31, 1989, who are newly covered under the section 78, chapter 380, Laws of 1989 amendment to RCW 50.04.150 and not yet qualified to be in the array shall be 2.5 percent for employers whose standard industrial code is "013", "016", "017", "018", "019", "021", or "081"; and

(c) For all other employers not qualified to be in the array, the contribution rate shall be a rate equal to the average industry rate as determined by the commissioner; however, the rate may not be less than one percent. Assignment of employers by the commissioner to industrial classification, for purposes of this subsection, shall be in accordance with established classification practices found in the "Standard Industrial Classification Manual" issued by the federal office of management and budget to the third digit provided in the Standard Industrial Classification code.

Sec. 12. RCW 50.29.025 and 1993 c .... s 11 (section 11 of this act) are each amended to read as follows:

The contribution rate for each employer shall be determined under this section.

Interval of the

Fund Balance Ratio Effective

Expressed as a Percentage Tax Schedule

3.40 and above A

2.90 to 3.39 B

2.40 to 2.89 C

1.90 to 2.39 D

1.40 to 1.89 E

Less than 1.40 F

An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (a) Identification number; (b) benefit ratio; (c) taxable payrolls for the four calendar quarters immediately preceding the computation date and reported to the department by the cut-off date; (d) a cumulative total of taxable payrolls consisting of the employer's taxable payroll plus the taxable payrolls of all other employers preceding him or her in the array; and (e) the percentage equivalent of the cumulative total of taxable payrolls.

Percent of

Cumulative Schedules of Contributions Rates

Taxable Payrolls for Effective Tax Schedule

Rate

From To Class A B C D E F

((0.00 5.00 1 0.36 0.46 0.86 1.36 1.78 2.36

5.01 10.00 2 0.36 0.66 1.06 1.56 1.96 2.56

10.01 15.00 3 0.46 0.86 1.26 1.66 2.16 2.76

15.01 20.00 4 0.66 1.06 1.46 1.86 2.36 2.96

20.01 25.00 5 0.86 1.26 1.66 2.06 2.56 3.06

25.01 30.00 6 1.06 1.46 1.86 2.26 2.66 3.16

30.01 35.00 7 1.26 1.66 2.06 2.46 2.86 3.26

35.01 40.00 8 1.46 1.86 2.26 2.66 3.06 3.46

40.01 45.00 9 1.66 2.06 2.46 2.86 3.26 3.66

45.01 50.00 10 1.86 2.26 2.66 3.06 3.46 3.86

50.01 55.00 11 2.16 2.46 2.86 3.26 3.66 3.96

55.01 60.00 12 2.36 2.66 3.06 3.46 3.86 4.16

60.01 65.00 13 2.56 2.86 3.26 3.66 4.06 4.36

65.01 70.00 14 2.76 3.06 3.46 3.86 4.26 4.56

70.01 75.00 15 2.96 3.26 3.66 4.06 4.46 4.66

75.01 80.00 16 3.16 3.46 3.86 4.26 4.56 4.76

80.01 85.00 17 3.36 3.66 4.06 4.46 4.76 4.86

85.01 90.00 18 3.76 4.06 4.46 4.76 4.86 5.06

90.01 95.00 19 4.16 4.46 4.86 4.96 5.06 5.26

95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40))

0.00 5.00 1 0.48 0.58 0.98 1.48 1.88 2.48

5.01 10.00 2 0.48 0.78 1.18 1.68 2.08 2.68

10.01 15.00 3 0.58 0.98 1.38 1.78 2.28 2.88

15.01 20.00 4 0.78 1.18 1.58 1.98 2.48 3.08

20.01 25.00 5 0.98 1.38 1.78 2.18 2.68 3.18

25.01 30.00 6 1.18 1.58 1.98 2.38 2.78 3.28

30.01 35.00 7 1.38 1.78 2.18 2.58 2.98 3.38

35.01 40.00 8 1.58 1.98 2.38 2.78 3.18 3.58

40.01 45.00 9 1.78 2.18 2.58 2.98 3.38 3.78

45.01 50.00 10 1.98 2.38 2.78 3.18 3.58 3.98

50.01 55.00 11 2.28 2.58 2.98 3.38 3.78 4.08

55.01 60.00 12 2.48 2.78 3.18 3.58 3.98 4.28

60.01 65.00 13 2.68 2.98 3.38 3.78 4.18 4.48

65.01 70.00 14 2.88 3.18 3.58 3.98 4.38 4.68

70.01 75.00 15 3.08 3.38 3.78 4.18 4.58 4.78

75.01 80.00 16 3.28 3.58 3.98 4.38 4.68 4.88

80.01 85.00 17 3.48 3.78 4.18 4.58 4.88 4.98

85.01 90.00 18 3.88 4.18 4.58 4.88 4.98 5.18

90.01 95.00 19 4.28 4.58 4.98 5.08 5.18 5.38

95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40

(6) The contribution rate for each employer not qualified to be in the array shall be as follows:

NEW SECTION. Sec. 13. A new section is added to chapter 50.29 RCW to read as follows:

For the purpose of simplification of employer reports, the "combined contribution rate" shall be used in the calculation of employer taxes. The combined contribution rate shall include the regular contribution rate as determined under RCW 50.29.025, employment and training trust fund contributions as determined under section 2 of this act, and special contributions required under RCW 50.24.014. A mention of the "combined contribution rate" may not be made on a tax form or publication unless the form or publication specifically identifies the specific contributions. The combined contribution rate may not be quoted on a form unless the specific component rates are also quoted. The sole purpose of the combined contribution rate is to allow an employer to perform a single calculation on a tax return rather than four separate calculations.

NEW SECTION. Sec. 14. Prior to any increase in the employer tax schedule as provided in section 11 of this act, the commissioner shall provide a report to the appropriate committees of the legislature specifying to what extent the work force training expenditures in chapter . . ., Laws of 1993 (this act) elevated employer contribution rates for the effective tax schedule.

NEW SECTION. Sec. 15. The sum of twenty-nine million three hundred thirty thousand dollars, or as much thereof as may be necessary, is appropriated from the employment and training trust fund to the state board for community and technical colleges for the biennium ending June 30, 1995, to carry out training and related support services under this act. Of the amount appropriated by this section, twenty-six million four hundred thousand dollars shall provide for training enrollments, two million dollars may provide for child care for dependents of individuals being trained under this section, and nine hundred thousand dollars shall provide for transportation costs to individuals being trained under this section.

NEW SECTION. Sec. 16. The sum of fourteen million six hundred seventy thousand dollars, or as much thereof as may be necessary, is appropriated from the employment and training trust fund to the employment security department for the biennium ending June 30, 1995, to carry out the purposes of section 3 of this act.

NEW SECTION. Sec. 17. To the extent that available funding from the employment and training trust fund is in excess of or is not sufficient to provide the appropriations in sections 15 and 16, chapter . . ., Laws of 1993 (sections 15 and 16 of this act), the available funds shall be appropriated to the state board for community and technical colleges and the employment security department in the same ratio as funds are appropriated in sections 15 and 16, chapter . . ., Laws of 1993 (sections 15 and 16 of this act).

NEW SECTION. Sec. 18. (1) The employment security department shall report to the appropriate committees of the legislature by December 1, 1994, and every year thereafter, on the status of the programs provided in this act and the resulting outcomes. The department shall include in its report quantitative and demographic information on the increase in job orders, placement referrals, individualized training plans, skill assessments, and other interventions achieved. The department also shall include in its report the number of repeat clients as a percentage of all clients served by programs provided in chapter . . ., Laws of 1933 (this act).

(2) The state board for community and technical colleges shall report to the appropriate standing committees of the legislature by December 1, 1994, and every year thereafter, the number of certified student full-time equivalents receiving training as provided in this act. In addition, the report must include information on the outcomes of the provided training. The report also must include indices of placement rates, student demographics, training plan completion rates, and comparisons of preprogram and postprogram wage levels.

NEW SECTION. Sec. 19. A new section is added to chapter 43.131 RCW to read as follows:

The work force employment and training program created in chapter . . ., Laws of 1993 (this act) shall expire June 30, 1998.

NEW SECTION. Sec. 20. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts are each repealed, effective June 30, 1999:

(1) Section 1 of this act;

(2) Section 2 of this act;

(3) Section 3 of this act;

(4) Section 4 of this act;

(5) Section 6 of this act;

(6) Section 13 of this act; and

(7) Section 18 of this act.

NEW SECTION. Sec. 21. (1) Sections 8 and 10 of this act shall take effect June 30, 1999;

(2) Section 12 of this act shall take effect January 1, 1998.

NEW SECTION. Sec. 22. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.

NEW SECTION. Sec. 23. 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. 24. This act applies to tax rate years beginning with tax rate year 1994."

MOTION

On motion of Senator Rinehart, the following Committee on Ways and Means amendment to the Committee on Trade, Technology and Economic Development amendment was not adopted:

On page 1, after line 6 of the amendment, strike everything through "1994." on page 20, line 16 and insert the following: