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FIFTY-FIFTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Saturday, March 5, 1994
The House was called to order at 10:00 a.m. by the Speaker (Representative Jacobsen presiding). The Clerk called the roll and a quorum was present.
The Speaker assumed the chair.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Sue Wells and Angela Boyer. Prayer was offered by Representative Wood.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES FROM THE SENATE
March 4, 1994
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 2294,
ENGROSSED HOUSE BILL NO. 2390,
SUBSTITUTE HOUSE BILL NO. 2428,
SUBSTITUTE HOUSE BILL NO. 2479,
ENGROSSED HOUSE BILL NO. 2487,
SUBSTITUTE HOUSE BILL NO. 2571,
SUBSTITUTE HOUSE BILL NO. 2813,and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
Mr. Speaker:
The President has signed:
SECOND SUBSTITUTE SENATE BILL NO. 5800,
SUBSTITUTE SENATE BILL NO. 6538,
ENGROSSED SENATE BILL NO. 6564,
SUBSTITUTE SENATE BILL NO. 6593,
and the same are herewith transmitted.
Marty Brown, Secretary
There being no objection, the House advanced to the sixth order of business.
MOTION
Representative Peery moved that the bills and resolution on the second reading calendar be re-referred to the Committee on Rules. The motion was carried.
There being no objection, the House reverted to the third order of business.
MESSAGE FROM THE SENATE
March 4, 1994
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 6096,
SECOND SUBSTITUTE SENATE BILL NO. 6237,
and the same are herewith transmitted.
Marty Brown, Secretary
The Speaker declared the House to be at ease.
The Speaker (Representative Mastin presiding) called the House to order.
The Speaker (Representative Mastin presiding) declared the House to be at ease.
The Speaker (Representative R. Meyers presiding) called the House to order.
MESSAGE FROM THE SENATE
March 5, 1994
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 6028,
SUBSTITUTE SENATE BILL NO. 6264,
SUBSTITUTE SENATE BILL NO. 6509,
and the same are herewith transmitted.
Marty Brown, Secretary
With the consent of the House, the House considered the following bills in the following order: Substitute House Bill No. 1122, Engrossed Substitute Bill No. 1182, Substitute House Bill No. 1928, Substitute House Bill No. 2235, House Bill No. 2275, House Bill No. 2300, Engrossed Substitute House Bill No. 2401, House Bill No. 2583, Substitute House Bill No. 2627, Substitute House Bill No. 2629 and House Bill No. 2645.
SENATE AMENDMENTS TO HOUSE BILL
March 1, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1122 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The intent of the legislature by enacting sections 2 through 5 of chapter . . ., Laws of 1993 (this act) is:
(1) To allow park and recreation districts and park and recreation service areas to place more than one excess levy on the same ballot, allowing districts and service areas to give voters the opportunity to vote on separate issues, such as for operating and capital funds, at the same election, thereby reducing election costs; and
(2) To increase the amount a park and recreation district or park and recreation service area may collect through a six-year property tax levy from a maximum of fifteen cents per thousand dollars of assessed value to a maximum of sixty cents per thousand dollars of assessed value. This would allow for a more stable funding source for park and recreation districts and park and recreation service areas at a realistic tax rate and reduce the need for holding excess levy elections on an annual or biannual basis. In addition, it would level out the collection of taxes over each of six years rather than the practice now of collecting in one year to fund two years.
Sec. 2. RCW 36.69.140 and 1984 c 186 s 30 are each amended to read as follows:
(1) A park and recreation district shall have the power to levy ((an)) excess ((levy)) levies upon the property included within the district, in the manner prescribed by Article VII, section 2, of the Constitution and by RCW 84.52.052((. Such excess levy may be either)) for operating funds ((or for)), capital outlay funds, ((or for a)) and cumulative reserve funds.
(2) A park and recreation district may issue general obligation bonds for capital purposes only, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness equal to three-eighths of one percent of the value of the taxable property within such district, as the term "value of the taxable property" is defined in RCW 39.36.015. A park and recreation district may additionally issue general obligation bonds, together with outstanding voter approved and nonvoter approved general obligation indebtedness, equal to one and one-fourth percent of the value of the taxable property within the district, as the term "value of the taxable property" is defined in RCW 39.36.015, when such bonds are approved by three-fifths of the voters of the district at a general or special election called for that purpose and may provide for the retirement thereof by levies in excess of dollar rate limitations in accordance with the provisions of RCW 84.52.056. When authorized by the voters of the district, the district may issue interest bearing warrants payable out of and to the extent of excess levies authorized in the year in which the excess levy was approved. These elections shall be held as provided in RCW 39.36.050. Such bonds and warrants shall be issued and sold in accordance with chapter 39.46 RCW.
Sec. 3. RCW 36.69.145 and 1984 c 131 s 6 are each amended to read as follows:
(1) A park and recreation district may impose regular property tax levies in an amount equal to ((fifteen)) sixty cents or less per thousand dollars of assessed value of property in the district in each year for ((five)) six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the voters thereof approving a proposition authorizing the levies submitted at a special election or at the regular election of the district, at which election the number of ((persons)) voters voting "yes" on the proposition shall constitute three-fifths of a number equal to forty per centum of the ((total votes cast)) number of voters voting in such district at the last preceding general election when the number of ((electors)) voters voting on the proposition does not exceed forty per centum of the ((total votes cast)) number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the ((electors)) voters thereof voting on the proposition if the number of ((electors)) voters voting on the proposition exceeds forty per centum of the ((total votes cast)) number of voters voting in such taxing district in the last preceding general election. A proposition authorizing the tax levies shall not be submitted by a park and recreation district more than twice in any twelve-month period. Ballot propositions shall conform with RCW 29.30.111. In the event a park and recreation district is levying property taxes, which in combination with property taxes levied by other taxing districts subject to the one percent limitation provided for in Article 7, section 2, of our state Constitution result in taxes in excess of the limitation provided for in RCW 84.52.043, the park and recreation district property tax levy shall be reduced or eliminated before the property tax levies of other taxing districts are reduced.
(2) The limitation in RCW 84.55.010 shall not apply to the first levy imposed under this section following the approval of the levies by the voters under subsection (1) of this section.
Sec. 4. RCW 36.68.520 and 1984 c 186 s 29 and 1984 c 131 s 8 are each reenacted and amended to read as follows:
(1) A park and recreation service area shall have the power to levy ((an)) annual excess ((levy)) levies upon the property included within the service area if authorized at a special election called for the purpose in the manner prescribed by section 2, Article VII of the Constitution and by RCW 84.52.052((.
This excess levy may be either)) for operating funds, ((or for)) capital outlay funds, ((or for a)) and cumulative reserve funds.
(2) A park and recreation service area may issue general obligation bonds for capital purposes only, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal to three-eighths of one percent of the value of the taxable property within the ((district)) service area. ((Such districts)) Additionally, a park and recreation service area may issue general obligation bonds, together with any outstanding voter approved and nonvoter approved general indebtedness, equal to two and one-half percent of the value of the taxable property within the ((district)) service area, as the term "value of the taxable property" is defined in RCW 39.36.015, when such bonds are approved by the voters of the ((district)) service area at a special election called for the purpose in accordance with the provisions of Article VIII, section 6 of the Constitution. Such bonds shall be issued and sold in accordance with chapter 39.46 RCW.
Bonds may be retired by excess property tax levies when such levies are approved by the voters at a special election in accordance with the provisions of Article VII, section 2 of the Constitution and RCW 84.52.056.
Any elections shall be held as provided in RCW 39.36.050.
Sec. 5. RCW 36.68.525 and 1984 c 131 s 9 are each amended to read as follows:
A park and recreation service area may impose regular property tax levies in an amount equal to ((fifteen)) sixty cents or less per thousand dollars of assessed value of property in the service area in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the voters thereof approving a proposition authorizing the levies submitted not more than twelve months prior to the date on which the proposed initial levy is to be made and not oftener than twice in such twelve month period, either at a special election or at the regular election of the service area, at which election the number of ((persons)) voters voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the ((total votes cast)) number of voters voting in the service area at the last preceding general election when the number of ((electors)) voters voting on the proposition does not exceed forty percent of the ((total votes cast)) number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the ((electors)) voters thereof voting on the proposition if the number of ((electors)) voters voting on the proposition exceeds forty per centum of the ((total votes cast)) number of voters voting in such taxing district in the last preceding general election. A proposition authorizing such tax levies shall not be submitted by a park and recreation ((district)) service area more than twice in any twelve-month period. Ballot propositions shall conform with RCW 29.30.111. If a park and recreation service area is levying property taxes, which in combination with property taxes levied by other taxing districts result in taxes in excess of the nine-dollar and fifteen cents per thousand dollars of assessed valuation limitation provided for in RCW 84.52.043, the park and recreation service area property tax levy shall be reduced or eliminated before the property tax levies of other taxing districts are reduced."
On page 1, line 1 of the title, after "parks;" strike the remainder of the title and insert "amending RCW 36.69.140, 36.69.145, and 36.68.525; reenacting and amending RCW 36.68.520; and creating a new section."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Holm moved that the House concur in the Senate amendments to Substitute House Bill No. 1122 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers) presiding stated the question before the House to be final passage of Substitute House Bill No. 1122 as amended by the Senate.
Representative Holm spoke in favor of passage of the bill.
MOTION
On motion of Representative J. Kohl, Representatives Orr and Riley were excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1122, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Orr and Riley - 2.
Substitute House Bill No. 1122 as amended by the House, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1182, with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that there is a shortage of certificated substitute teachers in many regions of the state, and that this shortage will likely increase in the coming years. The legislature further finds that one method of reducing this shortage of substitute teachers is to encourage retired teachers to serve as substitutes by increasing the number of days they can work without affecting their retirement payments.
Sec. 2. RCW 41.32.570 and 1989 c 273 s 29 are each amended to read as follows:
(1) Any retired teacher who enters service in any public educational institution in Washington state shall cease to receive pension payments while engaged in such service: PROVIDED, That service may be rendered up to seventy-five days per school year without reduction of pension.
(2) In addition to the seventy-five days of service permitted under subsection (1) of this section, a retired teacher may also serve only as a substitute teacher for up to an additional fifteen days per school year without reduction of pension if:
(a) A school district, which is not a member of a multidistrict substitute cooperative, determines that it has exhausted or can reasonably anticipate that it will exhaust its list of qualified and available substitutes and the school board of the district adopts a resolution to make its substitute teachers who are retired teachers eligible for the additional fifteen days of extended service once the list of qualified and available substitutes has been exhausted. The resolution by the school district shall state that the services of retired teachers are necessary to address the shortage of qualified and available substitutes. The resolution shall be valid only for the school year in which it is adopted. The district shall forward a copy of the resolution with a list of retired teachers who have been employed as substitute teachers to the department and may notify the retired teachers included on the list of their right to take advantage of the provisions of this subsection; or
(b) A multidistrict substitute cooperative determines that the school districts have exhausted or can reasonably anticipate that they will exhaust their list of qualified and available substitutes and each of the school boards adopts a resolution to make their substitute teachers who are retired teachers eligible for the extended service once the list of qualified and available substitutes has been exhausted. The resolutions by each of the school districts shall state that the services of retired teachers are necessary to address the shortage of qualified and available substitutes. The resolutions shall be valid only for the school year in which they are adopted. The cooperative shall forward a copy of the resolutions with a list of retired teachers who have been employed as substitute teachers to the department and may notify the retired teachers included on the list of their right to take advantage of the provisions of this subsection.
(3) Subsection (1) of this section shall apply to all persons governed by the provisions of plan I, regardless of the date of their retirement, but shall apply only to benefits payable after June 11, 1986.
(4) Subsection (2) of this section shall apply to all persons governed by the provisions of plan I, regardless of the date of their retirement, but shall only apply to benefits payable after September 1, 1994."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Dorn moved that the House concur in the Senate amendments to Engrossed Substitute House Bill No. 1182 and pass the bill as amended by the Senate.
Representative Dorn spoke in favor of the motion. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1182 as amended by the Senate.
Representative Brumsickle spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1182, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Orr and Riley - 2.
Engrossed Substitute House Bill No. 1182 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 1, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1928, with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. LEGISLATIVE INTENT. The legislature recognizes that recent legislative enactments have significantly added to the complexity of and to the potential for benefits from integrated transportation and comprehensive planning and that there is currently a unique opportunity for integration of local comprehensive plans and regional goals with state and local transportation programs. Further, approaches to transportation demand management initiatives and local and state transportation funding can be better coordinated to insure an efficient, effective transportation system that insures mobility and accessibility, and addresses community needs.
The legislature further finds that transportation and land use share a critical relationship that policy makers can better utilize to address regional strategies.
Prudent and cost-effective investment by the state and by local governments in highway facilities, local streets and arterials, rail facilities, marine facilities, nonmotorized transportation facilities and systems, public transit systems, transportation system management, transportation demand management, and the development of high capacity transit systems can help to effectively address mobility needs. Such investment can also enhance local and state objectives for effective comprehensive planning, economic development strategies, and clean air policies.
The legislature finds that addressing public initiatives regarding transportation and comprehensive planning necessitates an innovative approach. Improved integration between transportation and comprehensive planning among public institutions, particularly in the state's largest metropolitan areas is considered by the state to be imperative, and to have significant benefit to the citizens of Washington.
NEW SECTION. Sec. 2. ORGANIZATION'S DUTIES. Each regional transportation planning organization shall have the following duties:
(1) Prepare and periodically update a transportation strategy for the region. The strategy shall address alternative transportation modes and transportation demand management measures in regional corridors and shall recommend preferred transportation policies to implement adopted growth strategies. The strategy shall serve as a guide in preparation of the regional transportation plan.
(2) Prepare a regional transportation plan as set forth in RCW 47.80.030 that is consistent with county-wide planning policies if such have been adopted pursuant to chapter 36.70A RCW, with county, city, and town comprehensive plans, and state transportation plans.
(3) Certify by December 31, 1996, that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region reflect the guidelines and principles developed pursuant to section 3 of this act, are consistent with the adopted regional transportation plan, and, where appropriate, conform with the requirements of RCW 36.70A.070.
(4) Where appropriate, certify that county-wide planning policies adopted under RCW 36.70A.210 and the adopted regional transportation plan are consistent.
(5) Develop, in cooperation with the department of transportation, operators of public transportation services and local governments within the region, a six-year regional transportation improvement program which proposes regionally significant transportation projects and programs and transportation demand management measures. The regional transportation improvement program shall be based on the programs, projects, and transportation demand management measures of regional significance as identified by transit agencies, cities, and counties pursuant to RCW 35.58.2795, 35.77.010, and 36.81.121, respectively. The program shall include a priority list of projects and programs, project segments and programs, transportation demand management measures, and a specific financial plan that demonstrates how the transportation improvement program can be funded. The program shall be updated at least every two years for the ensuing six-year period.
(6) Designate a lead planning agency to coordinate preparation of the regional transportation plan and carry out the other responsibilities of the organization. The lead planning agency may be a regional organization, a component county, city, or town agency, or the appropriate Washington state department of transportation district office.
NEW SECTION. Sec. 3. COMPREHENSIVE PLANS, TRANSPORTATION GUIDELINES, AND PRINCIPLES. Each regional transportation planning organization, with cooperation from component cities, towns, and counties, shall establish guidelines and principles by July 1, 1995, that provide specific direction for the development and evaluation of the transportation elements of comprehensive plans, where such plans exist, and to assure that state, regional, and local goals for the development of transportation systems are met. These guidelines and principles shall address at a minimum the relationship between transportation systems and the following factors: Concentration of economic activity, residential density, development corridors and urban design that, where appropriate, supports high capacity transit, freight transportation and port access, development patterns that promote pedestrian and nonmotorized transportation, circulation systems, access to regional systems, effective and efficient highway systems, the ability of transportation facilities and programs to retain existing and attract new jobs and private investment and to accommodate growth in demand, transportation demand management, joint and mixed use developments, present and future railroad right-of-way corridor utilization, and intermodal connections.
Examples shall be published by the organization to assist local governments in interpreting and explaining the requirements of this section.
Sec. 4. RCW 47.80.030 and 1990 1st ex.s. c 17 s 55 are each amended to read as follows:
(1) Each regional transportation planning organization shall((:
(a) Certify that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region conform with the requirements of RCW 36.70A.070, and are consistent with regional transportation plans as provided for in (b) of this subsection;
(b))) develop ((and adopt)) in cooperation with the department of transportation, providers of public transportation and high capacity transportation, ports, and local governments within the region, adopt, and periodically update a regional transportation plan that ((is consistent with county, city, and town comprehensive plans and state transportation plans. Regional transportation planning organizations are encouraged to use county, city, and town comprehensive plans that existed prior to July 1, 1990, as the basis of its regional transportation plan whenever possible. Such plans shall address)):
(a) Is based on a least cost planning methodology that identifies the most cost-effective facilities, services, and programs.
(b) Identifies existing or planned transportation facilities ((and)), services, and programs, including but not limited to major roadways including state highways and regional arterials, transit and nonmotorized services and facilities, multimodal and intermodal facilities, marine ports and airports, railroads, and noncapital programs including transportation demand management that should function as an integrated regional transportation system, giving emphasis to those facilities, services, and programs that exhibit one or more of the following characteristics:
(i) Physically crosses member county lines;
(ii) Is or will be used by a significant number of people who live or work outside the county in which the facility, service, or project is located;
(iii) Significant impacts are expected to be felt in more than one county;
(iv) Potentially adverse impacts of the facility, service, program, or project can be better avoided or mitigated through adherence to regional policies; and
(v) Transportation needs addressed by a project have been identified by the regional transportation planning process and the remedy is deemed to have regional significance;
(c) ((Designate a lead planning agency to coordinate preparation of the regional transportation plan. The lead planning agency may be a regional council, a county, city, or town agency, or a Washington state department of transportation district)) Establishes level of service standards at a minimum for all state highways and state ferry routes. These regionally established level of service standards for state highways and state ferries shall be developed jointly with the department of transportation, to encourage consistency across jurisdictions. In establishing level of service standards for state highways and state ferries, consideration shall be given for the necessary balance between providing for the free interjurisdictional movement of people and goods and the needs of local commuters using state facilities;
(d) Includes a financial plan demonstrating how the regional transportation plan can be implemented, indicating resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommending any innovative financing techniques to finance needed facilities, services, and programs;
(e) Assesses regional development patterns, capital investment and other measures necessary to:
(i) Ensure the preservation of the existing regional transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, as well as operations, maintenance, modernization, and rehabilitation of existing and future transit, railroad systems and corridors, and nonmotorized facilities; and
(ii) Make the most efficient use of existing transportation facilities to relieve vehicular congestion and maximize the mobility of people and goods;
(f) Sets forth a proposed regional transportation approach, including capital investments, service improvements, programs, and transportation demand management measures to guide the development of the integrated, multimodal regional transportation system; and
(g) Where appropriate, sets forth the relationship of high capacity transportation providers and other public transit providers with regard to responsibility for, and the coordination between, services and facilities.
(2) The organization shall review the regional transportation plan biennially for currency((;)) and
(((e))) forward the adopted plan((, and)) along with documentation of the biennial review ((of it,)) to the state department of transportation.
(((2))) (3) All transportation projects, programs, and transportation demand management measures within the region that have an impact upon regional facilities or services must be consistent with the plan and with the adopted regional growth and transportation strategies.
(((3) In order to ensure state-wide consistency in the regional transportation planning process, the state department of transportation shall:
(a) In cooperation with regional transportation planning organizations, establish minimum standards for development of a regional transportation plan;
(b) Facilitate coordination between regional transportation planning organizations; and
(c) Through the regional transportation planning process, and through state planning efforts as required by RCW 47.01.071, identify and jointly plan improvements and strategies within those corridors important to moving people and goods on a regional or state-wide basis.))
NEW SECTION. Sec. 5. STATE-WIDE CONSISTENCY. In order to ensure state-wide consistency in the regional transportation planning process, the state department of transportation, in conformance with chapter 34.05 RCW, shall:
(1) In cooperation with regional transportation planning organizations, establish minimum standards for development of a regional transportation plan;
(2) Facilitate coordination between regional transportation planning organizations; and
(3) Through the regional transportation planning process, and through state planning efforts as required by RCW 47.01.071, identify and jointly plan improvements and strategies within those corridors important to moving people and goods on a regional or state-wide basis.
Sec. 6. RCW 35.58.2795 and 1990 1st ex.s. c 17 s 60 are each amended to read as follows:
By April 1st of each year, the legislative authority of each municipality, as defined in RCW 35.58.272, and each regional transit authority shall prepare a six-year transit development ((and financial program)) plan for that calendar year and the ensuing five years. The program shall be consistent with the comprehensive plans adopted by counties, cities, and towns, pursuant to chapter 35.63, 35A.63, or 36.70 RCW, the inherent authority of a first class city or charter county derived from its charter, or chapter 36.70A RCW. The program shall contain information as to how the municipality intends to meet state and local long-range priorities for public transportation, capital improvements, significant operating changes planned for the system, and how the municipality intends to fund program needs. The six-year plan for each municipality and regional transit authority shall specifically set forth those projects of regional significance for inclusion in the transportation improvement program within that region. Each municipality and regional transit authority shall file the six-year program with the state department of transportation, the transportation improvement board, and cities, counties, and regional planning councils within which the municipality is located.
In developing its program, the municipality and the regional transit authority shall consider those policy recommendations affecting public transportation contained in the state transportation policy plan approved by the state transportation commission and, where appropriate, adopted by the legislature. The municipality shall conduct one or more public hearings while developing its program and for each annual update.
Sec. 7. RCW 35.77.010 and 1990 1st ex.s. c 17 s 59 are each amended to read as follows:
(1) The legislative body of each city and town, pursuant to one or more public hearings thereon, shall prepare and adopt a comprehensive ((street)) transportation program for the ensuing six calendar years. If the city or town has adopted a comprehensive plan pursuant to chapter 35.63 or 35A.63 RCW, the inherent authority of a first class city derived from its charter, or chapter 36.70A RCW, the program shall be consistent with this comprehensive plan.
The program shall be filed with the secretary of transportation not more than thirty days after its adoption. Annually thereafter the legislative body of each city and town shall review the work accomplished under the program and determine current city ((street)) transportation needs. Based on these findings each such legislative body shall prepare and after public hearings thereon adopt a revised and extended comprehensive ((street)) transportation program before July 1st of each year, and each one-year extension and revision shall be filed with the secretary of transportation not more than thirty days after its adoption. The purpose of this section is to assure that each city and town shall perpetually have available advanced plans looking to the future for not less than six years as a guide in carrying out a coordinated ((street construction)) transportation program. The program may at any time be revised by a majority of the legislative body of a city or town, but only after a public hearing.
((The six-year program of each city lying within an urban area shall contain a separate section setting forth the six-year program for arterial street construction based upon its long range construction plan and formulated in accordance with rules of the transportation improvement board. The six-year program for arterial street construction shall be submitted to the transportation improvement board forthwith after its annual revision and adoption by the legislative body of the city. The six-year program for arterial street construction shall be based upon estimated revenues available for such construction together with such additional sums as the legislative authority may request for urban arterials from the urban arterial trust account or the transportation improvement account for the six-year period. The arterial street construction program shall provide for a more rapid rate of completion of the long-range construction needs of principal arterial streets than for minor and collector arterial streets, pursuant to rules of the transportation improvement board: PROVIDED, That urban arterial trust funds made available to the group of incorporated cities lying outside the boundaries of federally approved urban areas within each region need not be divided between functional classes of arterials but shall be available for any designated arterial street.))
The six-year plan for each city or town shall specifically set forth those projects and programs of regional significance for inclusion in the transportation improvement program within that region.
(2) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a city or town will expend its moneys, including funds made available pursuant to chapter 47.30 RCW, for ((bicycle, pedestrian, and equestrian)) nonmotorized transportation purposes.
(3) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a city or town shall act to preserve railroad right-of-way in the event the railroad ceases to operate in the city's or town's jurisdiction.
Sec. 8. RCW 36.81.121 and 1990 1st ex.s. c 17 s 58 are each amended to read as follows:
(1) Before July 1st of each year, the legislative authority of each county ((with the advice and assistance of the county road engineer, and pursuant to)), after one or more public hearings thereon, shall prepare and adopt a comprehensive ((road)) transportation program for the ensuing six calendar years. If the county has adopted a comprehensive plan pursuant to chapter 35.63 or 36.70 RCW, the inherent authority of a charter county derived from its charter, or chapter 36.70A RCW, the program shall be consistent with this comprehensive plan.
The program shall include proposed road and bridge construction work and other transportation facilities and programs deemed appropriate, and for those counties operating ferries shall also include a separate section showing proposed capital expenditures for ferries, docks, and related facilities. Copies of the program shall be filed with the county road administration board and with the state secretary of transportation not more than thirty days after its adoption by the legislative authority. The purpose of this section is to assure that each county shall perpetually have available advanced plans looking to the future for not less than six years as a guide in carrying out a coordinated ((road construction)) transportation program. The program may at any time be revised by a majority of the legislative authority but only after a public hearing thereon.
(2) ((The six-year program of each county having an urban area within its boundaries shall contain a separate section setting forth the six-year program for arterial road construction based upon its long-range construction plan and formulated in accordance with regulations of the transportation improvement board. The six-year program for arterial road construction shall be submitted to the transportation improvement board forthwith after its annual revision and adoption by the legislative authority of each county. The six-year program for arterial road construction shall be based upon estimated revenues available for such construction together with such additional sums as the legislative authority of each county may request for urban arterials from the urban arterial trust account or the transportation improvement account for the six-year period. The arterial road construction program shall provide for a more rapid rate of completion of the long-range construction needs of principal arterial roads than for minor and collector arterial roads, pursuant to regulations of the transportation improvement board.
(3))) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a county will expend its moneys, including funds made available pursuant to chapter 47.30 RCW, for ((bicycles, pedestrians, and equestrian)) nonmotorized transportation purposes.
(3) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a county shall act to preserve railroad right-of-way in the event the railroad ceases to operate in the county's jurisdiction.
(4) The six-year plan for each county shall specifically set forth those projects and programs of regional significance for inclusion in the transportation improvement program within that region.
NEW SECTION. Sec. 9. The legislative transportation committee shall coordinate a comprehensive study on the appropriate relationship between state transportation facilities and local comprehensive plans. The legislative transportation committee shall appoint members to a steering committee that shall be comprised of representatives from the department of transportation, the department of community, trade, and economic development, regional transportation planning organizations, cities, counties, and the development community. The study shall, at a minimum, address:
(1) How state transportation facilities and services should be addressed in local comprehensive plans;
(2) Whether state transportation facilities should be included in local concurrency ordinances and the effectiveness of current methods provided for in the Growth Management Act to address concurrency for state transportation facilities;
(3) The long-term effects on state transportation facilities resulting from the development of urban growth areas;
(4) The "specific actions and requirements" adopted by local jurisdictions to bring into compliance a state transportation facility or service that is below the established level of service as set forth in RCW 36.70A.070;
(5) The status and effectiveness of the access management program required by the 1991 legislature to promote a coordinated planning process for the permitting of access points on the state highway system;
(6) Appropriate methods for mitigating land use impacts on state transportation facilities and services;
(7) An analysis of funding alternatives including, but not limited to, consideration of state transportation improvement benefit districts; a state latecomer fee system; fees related to impacts generated under the State Environmental Policy Act; impact fees; allocation of state transportation resources; and other alternatives; and
(8) The appropriate relationship between state transportation programming and prioritization systems and level of service deficiencies.
The preliminary study findings shall be completed no later than December 15, 1994, and the final report shall be submitted no later than September 1, 1995. The report shall contain recommendations for improving the coordination of local land use decisions and state transportation decisions.
NEW SECTION. Sec. 10. Sections 1 through 3 and 5 of this act are each added to chapter 47.80 RCW.
NEW SECTION. Sec. 11. Captions used in this act do not constitute any part of the law.
NEW SECTION. Sec. 12. 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. 13. This act shall take effect July 1, 1994."
On page 1, line 1 of the title, after "planning;" strike the remainder of the title and insert "amending RCW 47.80.030, 35.58.2795, 35.77.010, and 36.81.121; adding new sections to chapter 47.80 RCW; creating new sections; and providing an effective date."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative R. Fisher moved that the House concur in the Senate amendments to Substitute House Bill No. 1928 and pass the bill as amended by the Senate.
Representative Schmidt spoke in favor of the motion. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1928 as amended by the Senate.
Representative R. Fisher spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1928, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Orr and Riley - 2.
Substitute House Bill No. 1928 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2235, with the following amendments:
On page 2, after line 35, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 82.04 RCW to read as follows:
This chapter shall not apply to a newspaper carrier under eighteen years of age.
NEW SECTION. Sec. 3. A new section is added to chapter 35.21 RCW to read as follows:
A city or town, including a code city, may not license newspaper carriers under eighteen years of age for either regulatory or revenue-generating purposes.
NEW SECTION. Sec. 4. Each person employing or contracting with a juvenile newspaper carrier for delivery of newspapers shall notify the carrier in writing that the exemption provided in section 2 of this act expires when the carrier reaches eighteen years of age."
On page 3, line 1, strike "This act" and insert "Section 1 of this act"
On page 1, line 2 of the title, after "82.04.280;" strike "and creating a new section" and insert "adding a new section to chapter 82.04 RCW; adding a new section to chapter 35.21 RCW; and creating new sections"
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Holm moved that the House concur in the Senate amendments to Substitute House Bill No. 2235 and pass the bill as amended by the Senate.
Representative Holm spoke in favor of the motion. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2235 as amended by the Senate.
MOTION
On motion of Representative Wood, Representative Mielke was excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2235, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Moak, Morris, Myers, H., Ogden, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Mielke, Orr and Riley - 3.
Substitute House Bill No. 2235 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2275, with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.63A.600 and 1993 c 280 s 77 are each amended to read as follows:
(1) The department of community, trade, and economic development, as a member of the agency timber task force and in consultation with the economic recovery coordination board, shall establish and administer the emergency mortgage and rental assistance program. The department shall identify the communities most adversely affected by reductions in timber harvest levels and shall prioritize assistance under this program to these communities. The department shall work with the department of social and health services and the timber recovery coordinator to develop the program in timber impact areas. Organizations eligible to receive grant funds for distribution under the program are those organizations that are eligible to receive assistance through the Washington housing trust fund. The department shall disburse the funds to eligible local organizations as grants. The local organizations shall use the funds to make grants or loans as specified in RCW 43.63A.600 through 43.63A.640. If funds are disbursed as loans, the local organization shall establish a revolving grant and loan fund with funds received as loan repayments and shall continue to make grants or loans or both grants and loans from funds received as loan repayments to dislocated forest products workers eligible under the provisions of RCW 43.63A.600 through 43.63A.640 and to other persons residing in timber impact areas who meet the requirements of RCW 43.63A.600 through 43.63A.640.
(2) The goals of the program are to:
(a) Provide temporary emergency mortgage loans or rental assistance grants or loans on behalf of dislocated forest products workers in timber impact areas who are unable to make ((current)) mortgage, property tax, or rental payments on their permanent residences and are subject to immediate eviction for nonpayment of mortgage installments, property taxes, or nonpayment of rent;
(b) Prevent the dislocation of individuals and families from their permanent residences and their communities; and
(c) Maintain economic and social stability in timber impact areas.
Sec. 2. RCW 43.63A.610 and 1991 c 315 s 24 are each amended to read as follows:
Emergency mortgage assistance shall be provided under the following general guidelines:
(1) Loans provided under the program shall not exceed an amount equal to twenty-four months of mortgage payments.
(2) The maximum loan amount allowed under the program shall not exceed twenty thousand dollars.
(3) Loans shall be made to applicants who meet specific income guidelines established by the department.
(4) Loan payments shall be made directly to the mortgage lender.
(5) Loans shall be granted on a first-come, first-served basis.
(6) Repayment of loans provided under the program shall be made to eligible local organizations, and must not take more than twenty years. Funds repaid to the program shall be used as grants or loans under the provisions of RCW 43.63A.600 through 43.63A.640.
(((7) The department may provide for emergency short-term loans.))
Sec. 3. RCW 43.63A.620 and 1991 c 315 s 25 are each amended to read as follows:
Emergency rental assistance shall be provided under the following general guidelines:
(1) Rental assistance provided under the program may be in the form of loans or grants and shall not exceed an amount equal to twenty-four months of ((mortgage)) rental payments.
(2) Rental assistance shall be made to applicants who meet specific income guidelines established by the department.
(3) Rental payments shall be made directly to the landlord.
(4) Rental assistance shall be granted on a first-come, first-served basis.
Sec. 4. RCW 43.63A.630 and 1991 c 315 s 26 are each amended to read as follows:
To be eligible for assistance under the program, an applicant must:
(1) Be unable to keep mortgage or rental payments current, due to a loss of employment, and shall be at significant risk of eviction;
(2) Have his or her permanent residence located in an eligible community;
(3) If requesting emergency mortgage assistance, be the owner of an equitable interest in the permanent residence and intend to reside in the home being financed;
(4) Be actively seeking new employment or be enrolled in a training program approved by the director; and
(5) Submit an application for assistance to an organization eligible to receive funds under RCW 43.63A.600 ((by June 30, 1996)).
Sec. 5. RCW 43.63A.640 and 1991 c 315 s 27 are each amended to read as follows:
The department shall carry out the following duties:
(1) Administer the program;
(2) Identify organizations eligible to receive funds to implement the program;
(3) Develop and adopt the necessary rules and procedures for implementation of the program and for dispersal of program funds to eligible organizations;
(4) Establish the interest rate for repayment of loans at two percent below the market rate;
(5) Work with lending institutions and social service providers in the eligible communities to assure that all eligible persons are informed about the program;
(6) Utilize federal and state programs that complement or facilitate carrying out the program;
(7) ((Submit a report to the senate commerce and labor committee and the house of representatives housing committee by January 31, 1992)) Ensure that local eligible organizations that dissolve or become ineligible assign their program funds, rights to loan repayments, and loan security instruments, to the government of the county in which the local organization is located. If the county government accepts the program assets described in this subsection, it shall act as a local eligible organization under the provisions of RCW 43.63A.600 through 43.63A.640. If the county government declines to participate, the program assets shall revert to the department.
NEW SECTION. Sec. 6. This act shall take effect July 1, 1994."
On page 1, line 2 of the title, after "workers;" strike the remainder of the title and insert "amending RCW 43.63A.600, 43.63A.610, 43.63A.620, 43.63A.630, and 43.63A.640; and providing an effective date."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Wineberry moved that the House concur in the Senate amendments to House Bill No. 2275 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2275 as amended by the Senate.
Representative Wineberry spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2275, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Moak, Morris, Myers, H., Ogden, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Mielke, Orr and Riley - 3.
House Bill No. 2275 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2401 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the improper disposal and labeling of sharps waste from residences poses a potential health risk and perceived threat to the waste generators, public, and workers in the waste and recycling industry. The legislature further finds that a uniform method for handling sharps waste generated at residences will reduce confusion and injuries, and enhance public and waste worker confidence.
It is the purpose and intent of this act that residential generated sharps waste be contained in easily identified containers and separated from the regular solid waste stream to ensure worker safety and promote proper disposal of these wastes in a manner that is environmentally safe and economically sound.
Sec. 2. RCW 70.95K.010 and 1992 c 14 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Biomedical waste" means, and is limited to, the following types of waste:
(a) "Animal waste" is waste animal carcasses, body parts, and bedding of animals that are known to be infected with, or that have been inoculated with, human pathogenic microorganisms infectious to humans.
(b) "Biosafety level 4 disease waste" is waste contaminated with blood, excretions, exudates, or secretions from humans or animals who are isolated to protect others from highly communicable infectious diseases that are identified as pathogenic organisms assigned to biosafety level 4 by the centers for disease control, national institute of health, biosafety in microbiological and biomedical laboratories, current edition.
(c) "Cultures and stocks" are wastes infectious to humans and includes specimen cultures, cultures and stocks of etiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks of etiologic agents or blood specimens. Such waste includes but is not limited to culture dishes, blood specimen tubes, and devices used to transfer, inoculate, and mix cultures.
(d) "Human blood and blood products" is discarded waste human blood and blood components, and materials containing free-flowing blood and blood products.
(e) "Pathological waste" is waste human source biopsy materials, tissues, and anatomical parts that emanate from surgery, obstetrical procedures, and autopsy. "Pathological waste" does not include teeth, human corpses, remains, and anatomical parts that are intended for interment or cremation.
(f) "Sharps waste" is all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.
(2) "Local government" means city, town, or county.
(3) "Local health department" means the city, county, city-county, or district public health department.
(4) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, or local government.
(5) "Treatment" means incineration, sterilization, or other method, technique, or process that changes the character or composition of a biomedical waste so as to minimize the risk of transmitting an infectious disease.
(6) "Residential sharps waste" has the same meaning as "sharps waste" in subsection (1) of this section except that the sharps waste is generated and prepared for disposal at a residence, apartment, dwelling, or other noncommercial habitat.
(7) "Sharps waste container" means a leak-proof, rigid, puncture-resistant red container that is taped closed or tightly lidded to prevent the loss of the residential sharps waste.
(8) "Mail programs" means those programs that provide sharps users with a multiple barrier protection kit for the placement of a sharps container and subsequent mailing of the wastes to an approved disposal facility.
(9) "Pharmacy return programs" means those programs where sharps containers are returned by the user to designated return sites located at a pharmacy to be transported by a biomedical or solid waste collection company approved by the utilities and transportation commission.
(10) "Drop-off programs" means those program sites designated by the solid waste planning jurisdiction where sharps users may dispose of their sharps containers.
(11) "Source separation" has the same meaning as in RCW 70.95.030.
(12) "Unprotected sharps" means residential sharps waste that are not disposed of in a sharps waste container.
NEW SECTION. Sec. 3. A new section is added to chapter 70.95K RCW to read as follows:
(1) A person shall not intentionally place unprotected sharps or a sharps waste container into: (a) Recycling containers provided by a city, county, or solid waste collection company, or any other recycling collection site unless that site is specifically designated by a local health department as a drop-off site for sharps waste containers; or (b) cans, carts, drop boxes, or other containers in which refuse, trash, or solid waste has been placed for collection if a source separated collection service is provided for residential sharps waste. (2) Local health departments shall enforce this section, primarily through an educational approach regarding proper disposal of residential sharps. On the first and second violation, the health department shall provide a warning to the person that includes information on proper disposal of residential sharps. A subsequent violation shall be a class 3 infraction under chapter 7.80 RCW.
(3) It is not a violation of this section to place a sharps waste container into a household refuse receptacle if the utilities and transportation commission determines that such placement is necessary to reduce the potential for theft of the sharps waste container.
NEW SECTION. Sec. 4. A new section is added to chapter 70.95K RCW to read as follows:
(1) A public or private provider of solid waste collection service may provide a program to collect source separated residential sharps waste containers in conjunction with regular collection services.
(2) A company collecting source separated residential sharps waste containers shall notify the public, in writing, on the availability of this service. Notice shall occur at least forty-five days prior to the provision of this service and shall include the following information: (a) How to properly dispose of residential sharps waste; (b) how to obtain sharps waste containers; (c) the cost of the program; (d) options to home collection of sharps waste; and (e) the legal requirements of residential sharps waste disposal.
(3) A company under the jurisdiction of the utilities and transportation commission may provide the service authorized under subsection (1) of this section only under tariff.
The commission may require companies collecting sharps waste containers to implement practices that will protect the containers from theft.
NEW SECTION. Sec. 5. A new section is added to chapter 70.95 RCW to read as follows:
(1) A solid waste planning jurisdiction may designate sharps waste container drop-off sites.
(2) A pharmacy return program shall not be considered a solid waste handling facility and shall not be required to obtain a solid waste permit. A pharmacy return program is required to register, at no cost, with the department. To facilitate designation of sharps waste drop-off sites, the department shall share the name and location of registered pharmacy return programs with jurisdictional health departments and local solid waste management officials.
(3) A public or private provider of solid waste collection service may provide a program to collect source separated residential sharps waste containers as provided in chapter 70.95K RCW.
(4) For the purpose of this section, "sharps waste", "sharps waste container", and "pharmacy return program" shall have the same meanings as provided in RCW 70.95K.010.
NEW SECTION. Sec. 6. Section 3 of this act shall take effect July 1, 1995."
On page 1, line 2 of the title, after "waste;" strike the remainder of the title and insert "amending RCW 70.95K.010; adding new sections to chapter 70.95K RCW; adding a new section to chapter 70.95 RCW; creating a new section; prescribing penalties; and providing an effective date."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Rust moved that the House concur in the Senate amendments to Engrossed Substitute House Bill No. 2401 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2401 as amended by the Senate.
Representatives Linville and Horn spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2401, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Moak, Morris, Myers, H., Ogden, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Mielke, Orr and Riley - 3.
Engrossed Substitute House Bill No. 2401 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 1, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2300 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 72.09.100 and 1992 c 123 s 1 are each amended to read as follows:
It is the intent of the legislature to vest in the department the power to provide for a comprehensive inmate work program and to remove statutory and other restrictions which have limited work programs in the past. For purposes of establishing such a comprehensive program, the legislature recommends that the department consider adopting any or all, or any variation of, the following classes of work programs:
(1) CLASS I: FREE VENTURE INDUSTRIES. The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department. The organization shall produce goods or services for sale to both the public and private sector.
The customer model industries in this class shall be operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers. The correctional industries board of directors shall review these proposed industries before the department contracts to provide such products or services. The review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community and labor market.
The department of corrections shall supply appropriate security and custody services without charge to the participating firms.
Inmates who work in free venture industries shall do so at their own choice. They shall be paid a wage comparable to the wage paid for work of a similar nature in the locality in which the industry is located, as determined by the director of correctional industries. If the director cannot reasonably determine the comparable wage, then the pay shall not be less than the federal minimum wage.
An inmate who is employed in the class I program of correctional industries shall not be eligible for unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on parole or discharged.
(2) CLASS II: TAX REDUCTION INDUSTRIES. Industries in this class shall be state-owned and operated enterprises designed to reduce the costs for goods and services for tax-supported agencies and for nonprofit organizations. The industries selected for development within this class shall, as much as possible, match the available pool of inmate work skills and aptitudes with the work opportunities in the free community. The industries shall be closely patterned after private sector industries but with the objective of reducing public support costs rather than making a profit. The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to public agencies, to nonprofit organizations, and to private contractors when the goods purchased will be ultimately used by a public agency or a nonprofit organization. Clothing manufactured by an industry in this class may be donated to nonprofit organizations that provide clothing free of charge to low-income persons. Correctional industries products and services shall be reviewed by the correctional industries board of directors before offering such products and services for sale to private contractors. The board of directors shall conduct a yearly marketing review of the products and services offered under this subsection. Such review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community. To avoid waste or spoilage and consequent loss to the state, when there is no public sector market for such goods, byproducts and surpluses of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale. Surplus byproducts and surpluses of timber, agricultural and animal husbandry enterprises that cannot be sold to public agencies or to private persons may be donated to nonprofit organizations. All sales of surplus products shall be carried out in accordance with rules prescribed by the secretary.
Security and custody services shall be provided without charge by the department of corrections.
Inmates working in this class of industries shall do so at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located and which is approved by the director of correctional industries.
(3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to accomplish the following objectives:
(a) Whenever possible, to provide basic work training and experience so that the inmate will be able to qualify for better work both within correctional industries and the free community. It is not intended that an inmate's work within this class of industries should be his or her final and total work experience as an inmate.
(b) Whenever possible, to provide forty hours of work or work training per week.
(c) Whenever possible, to offset tax and other public support costs.
Supervising, management, and custody staff shall be employees of the department.
All able and eligible inmates who are assigned work and who are not working in other classes of industries shall work in this class.
Except for inmates who work in work training programs, inmates in this class shall be paid for their work in accordance with an inmate gratuity scale. The scale shall be adopted by the secretary of corrections.
(4) CLASS IV: COMMUNITY WORK INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to provide services in the inmate's resident community at a reduced cost. The services shall be provided to public agencies, to persons who are poor or infirm, or to nonprofit organizations.
Inmates in this program shall reside in facilities owned by, contracted for, or licensed by the department of corrections. A unit of local government shall provide work supervision services without charge to the state and shall pay the inmate's wage.
The department of corrections shall reimburse participating units of local government for liability and workers compensation insurance costs.
Inmates who work in this class of industries shall do so at their own choice and shall receive a gratuity which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located.
(5) CLASS V: COMMUNITY SERVICE PROGRAMS. Programs in this class shall be subject to supervision by the department of corrections. The purpose of this class of industries is to enable an ((offender)) inmate, placed on community supervision, to work off all or part of a community service order as ordered by the sentencing court.
Employment shall be in a community service program operated by the state, local units of government, or a nonprofit agency.
To the extent that funds are specifically made available for such purposes, the department of corrections shall reimburse nonprofit agencies for workers compensation insurance costs."
On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "and amending RCW 72.09.100."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative G. Cole moved that the House concur in the Senate amendments to House Bill No. 2300 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2300 as amended by the Senate.
Representatives G. Cole and Lisk spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2300, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Moak, Morris, Myers, H., Ogden, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Mielke, Orr and Riley - 3.
House Bill No. 2300 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2583 with the following amendments:
On page 2, line 5, after "advocacy," insert "or"
On page 2, line 5, after "counseling" strike ", or other"
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Anderson moved that the House concur in the Senate amendments to House Bill No. 2583 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2583 as amended by the Senate.
Representatives Anderson and Reams spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2583, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Moak, Morris, Myers, H., Ogden, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Mielke, Orr and Riley - 3.
House Bill No. 2583 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 1, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2627, with the following amendments:
On page 2, line 15, after "(5)" strike "Provide" and insert "To the extent funds are made available, provide"
On page 2, beginning on line 20, after "shall" strike ", by February 1st of each year beginning on February 1, 1995,"
On page 2, line 21, after "legislature" strike "an" and insert "in its"
On page 2, line 21, after "report" insert "a summary"
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Wineberry moved that the House concur in the Senate amendments to Substitute House Bill No. 2627 and pass the bill as amended by the Senate.
Representative Wineberry spoke in favor of the motion and Representative Schoesler spoke against it. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2627 as amended by the Senate.
Representative Quall spoke in favor of passage of the bill.
MOTION
On motion of Representative J. Kohl, Representatives G. Fisher, Peery and Ebersole were excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2627, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 74, Nays - 18, Absent - 0, Excused - 6.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Brumsickle, Campbell, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Eide, Finkbeiner, Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Long, Meyers, R., Moak, Morris, Myers, H., Ogden, Patterson, Pruitt, Quall, Rayburn, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sheahan, Sheldon, Shin, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Valle, Veloria, Wang, Wineberry, Wolfe, Wood and Zellinsky - 74.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Brough, Carlson, Edmondson, Fuhrman, Heavey, Johnson, L., Lisk, Mastin, McMorris, Padden, Reams, Sehlin, Silver, Thomas, L. and Van Luven - 18.
Excused: Representatives Fisher, G., Mielke, Orr, Peery, Riley and Mr. Speaker - 6.
Substitute Houses Bill No. 2627 as amended by the Senate, having received the constitutional majority, was declared passed.
Please change my vote from a AYE to a NAY on Substitute House Bill No. 2627.
ELMIRA FORNER, 47th District
Please change my vote from a AYE to a NAY on Substitute House Bill No. 2627.
Please change my vote from a AYE to a NAY on Substitute House Bill No. 2627.
Please change my vote from a AYE to a NAY on Substitute House Bill No. 2627.
Please change my vote from a AYE to a NAY on Substitute House Bill No. 2627.
Please change my vote from a AYE to a NAY on Substitute House Bill No. 2627.
SENATE AMENDMENTS TO HOUSE BILL
March 3,1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2629, with the following amendments:
On page 5, after line 15, insert the following:
"Sec. 3. RCW 46.63.030 and 1987 c 66 s 2 are each amended to read as follows:
(1) A law enforcement officer has the authority to issue a notice of traffic infraction:
(a) When the infraction is committed in the officer's presence;
(b) When the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed; or
(c) If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction.
(2) A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.
(3) If any motor vehicle without a driver is found parked, standing, or stopped in violation of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of traffic infraction.
(4) In the case of failure to redeem an abandoned vehicle under RCW 46.55.120 an officer shall send a notice of infraction by certified mail to the last known address of the registered owner of the vehicle."
In line 1 of the title, after "46.55.010" strike "and 46.55.240" and insert ", 46.55.240, and 46.63.030."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative R. Fisher moved that the House concur in the Senate amendments to Substitute House Bill No. 2629 and pass the bill as amended by the Senate.
Representative Schmidt spoke in favor of the motion. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2629 as amended by the Senate.
Representatives R. Fisher and Schmidt spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2629, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 87, Nays - 6, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Caver, Chandler, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, R., Flemming, Foreman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood and Zellinsky - 87.
Voting nay: Representatives Ballard, Casada, Cooke, Forner, Fuhrman and Tate - 6.
Excused: Representatives Fisher, G., Orr, Peery, Riley and Mr. Speaker - 5.
Substitute House Bill No. 2629, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
February 26, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2645 with the following amendments:
Strike everything after enacting clause and insert the following:
"Sec. 1. RCW 15.24.070 and 1987 c 393 s 3 are each amended to read as follows:
The Washington state apple advertising commission is hereby declared and created a corporate body. The powers and duties of the commission shall include the following:
(1) To elect a ((chairman)) chair and such other officers as it deems advisable; and to adopt, rescind, and amend rules((, regulations,)) and orders for the exercise of its powers ((hereunder)) under this chapter, which shall have the force and effect of the law when not inconsistent with existing laws;
(2) To administer and enforce the provisions of this chapter, and do all things reasonably necessary to effectuate the purposes of this chapter;
(3) To employ and at its pleasure discharge a manager, secretary, agents, attorneys, and employees as it deems necessary, and to prescribe their duties and powers and fix their compensation;
(4) To establish offices and incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter;
(5) To investigate and prosecute violations ((hereof)) of this chapter;
(6) To conduct scientific research to develop and discover the health, food, therapeutic, and dietetic value of apples and apple products ((thereof));
(7) To keep accurate record of all of its dealings, which shall be open to inspection and audit by the state auditor;
(8) To sue and be sued, adopt a corporate seal, and have all of the powers of a corporation;
(9) To expend funds for commodity-related education, training, and leadership programs as the commission deems expedient; ((and))
(10) To borrow money and incur indebtedness;
(11) To accept gifts, grants, conveyances, bequests, and devises, of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend these donations or the proceeds, rents, profits, and income from the donations except as limited by the donor's terms. The commission shall adopt rules to govern and protect the receipt and expenditure of the proceeds, rents, profits, and income of all such gifts, grants, conveyances, bequests, and devises. The authority to make expenditures granted by this subsection includes the authority to make expenditures to provide scholarships or financial assistance to persons as defined in RCW 1.16.080 or entities associated with the apple industry, but is not limited to the authority to make expenditures for such a purpose; and
(12) To engage in appropriate fund-raising activities for the purpose of supporting the activities of the commission authorized by this chapter."
On page 1, line 1 of the title, after "commission;" strike the remainder of the title and insert "and amending RCW 15.24.070."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Rayburn moved that the House concur in the Senate amendments to House Bill No. 2645 and pass the bill as amended by the Senate.
Representative Chandler spoke in favor of the motion. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2645 as amended by the Senate.
Representative Rayburn spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2645, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood and Zellinsky - 93.
Excused: Representatives Fisher, G., Orr, Peery, Riley and Mr. Speaker - 5.
House Bill No. 2645 as amended by the Senate,having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2743 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 74.09.5243 and 1993 c 149 s 2 are each amended to read as follows:
((For the purposes of)) Unless the context clearly requires otherwise, the following definitions apply throughout RCW 74.09.5241 through 74.09.5253 ((and 28A.155.150, the terms)) and sections 5 through 7 of this act.
(1) "District" means a school district, educational service district, or educational cooperatives offering special education services under chapter 28A.155 RCW.
(2) "Medical assistance" and "medicaid" means federal and state-funded programs under which medical ((care)) services are provided under Title XIX of the federal social security act.
(3) "Medical services" means district services that qualify for medicaid funding.
Sec. 2. RCW 74.09.5247 and 1993 c 149 s 4 are each amended to read as follows:
(1) Chapter 149, Laws of 1993 does not apply to contracts between individual ((school)) districts and private firms entered into for the purpose of billing either medicaid or private insurers, or both, for ((health)) medical services and agreed to before April 30, 1993, except as provided in RCW 28A.155.150(2).
(2) A ((school)) district may elect to act as its own billing agent as of the start of any school year. For a ((school)) district being served by the state-wide billing agent, the district shall notify the billing agent in writing, no less than thirty days before the start of the school year, of its intent to terminate the agency relationship. A district that acts as its own billing agent ((may retain)) or a district with a preexisting contract under subsection (1) of this section is entitled to an administrative fee ((proportional)) equivalent to that of the state-wide billing agent.
Sec. 3. RCW 74.09.5249 and 1993 c 149 s 5 are each amended to read as follows:
(1) The agency awarded the contract under RCW 74.09.5245 shall:
(a) Enroll all ((school)) districts in this state, except those with preexisting contracts under RCW 74.09.5247, as medicaid providers ((by)) effective the beginning of the 1993-94 school year;
(b) Develop a state-wide system of billing the department and private insurers for medical services provided in special education programs;
(c) Train health care practitioners employed by or contracting with ((school)) districts in medicaid and insurer billing;
(d) Verify the medicaid eligibility of students enrolled in special education programs in each ((educational service)) district;
(e) Provide ongoing technical assistance to practitioners and districts; and
(f) Process and forward all medicaid claims to the department and all other claims to private insurers.
(2) For each student, individual ((school)) districts may, in consultation with the billing agent, deliver to the student's parent or guardian a letter, prepared by the billing agent, requesting the consent of the parent or guardian to bill the student's health insurance carrier for services provided through the special education program. If a district chooses to do this, the letter must be accompanied by a consent form, on which the parent may identify the student's health insurance carrier so that the billing agent may bill the carrier for medical services provided to the student. The letter must clearly state the following:
(a) That the billing program is designed in part to raise additional funds to improve education services;
(b) That under no circumstances will the parent or guardian be personally charged for any portion of the bill not paid by the insurer, including copayments, deductibles, or uncovered services;
(c) That the amount of the billing will apply to the policy's annual deductible even though the parent will not be billed for the amount of the deductible;
(d) That the amount of the billing, will, however, apply towards annual or lifetime benefit caps if these are included in the policy;
(e) That it is possible that their premiums would be increased as a result of their consent;
(f) That if any of the possible negative consequences of consent were to affect them, they are free to withdraw their consent at any time; and
(g) That their consent is entirely voluntary and that the services the student receives through the ((school)) district will not be affected by their willingness or refusal to consent to the billing of their private insurer.
Sec. 4. RCW 74.09.5253 and 1993 c 149 s 7 are each amended to read as follows:
(1) Each ((educational service)) district ((in the state)) shall participate in the program of billing for medical services ((under RCW 74.09.5249 and)) provided in the district's special education program. Each participating district shall provide the ((billing agent)) superintendent of public instruction with a list, ((at the start of each academic quarter)) as of the first school day in October, December, and May of each year, of all students enrolled in special education programs within the area served by the ((educational service)) district, for purposes of verifying the medicaid eligibility of the students.
(2) A person employed by or contracting with a ((school)) district who provides ((services within the categories established by the)) medical ((assistance administration under RCW 74.09.5251)) services shall provide the billing agent with information necessary to promptly complete monthly billings for each medicaid-eligible student he or she serves as part of the district's special education program.
(3) The superintendent of public instruction shall submit to the legislature at the beginning of each legislative session a report indicating the district-by-district participation and the medicaid and private insurance payment receipts during the preceding fiscal year. The report must further indicate for each district the total number of special education students, and the number eligible for medicaid ((eligibility rate)), as determined by the medical assistance administration. The superintendent may require a letter of explanation from any district whose ((receipts)) billings for medical assistance under the program, in the judgment of the superintendent, indicate nonparticipation or underparticipation.
NEW SECTION. Sec. 5. A new section is added to chapter 74.09 RCW to read as follows:
(1) Each district that has elected to act as its own billing agent under RCW 74.09.5247(2) and each firm that is a party to a preexisting contract under RCW 74.09.5247(1) shall, at times designated by the superintendent of public instruction, provide the office of the superintendent of public instruction with a report indicating the total amount of medicaid and private insurance moneys billed by the district.
(2) The state billing agent shall, at times designated by the superintendent of public instruction, provide the superintendent of public instruction with a report for each district enrolled by the billing agent, indicating the total amount of medicaid and private insurance moneys billed through medicaid and private insurer billing.
NEW SECTION. Sec. 6. A new section is added to chapter 74.09 RCW to read as follows:
Of the projected federal medicaid and private insurance revenue collected under RCW 74.09.5249, twenty percent, after deduction for billing fees, shall be for incentive payments to districts. Incentive payments shall only be used by districts for children with disabilities.
NEW SECTION. Sec. 7. A new section is added to chapter 74.09 RCW to read as follows:
(1) Districts shall reassign medicaid payments to be received under RCW 74.09.5249 through 74.0.5253, sections 5 and 6 of this act, and this section to the superintendent of public instruction.
(2) The superintendent of public instruction shall receive medicaid payments from the department of social and health services for all state and federal moneys under Title XIX of the federal social security act due to districts for medical assistance provided in the district's special education program.
(3) The superintendent shall use reports from the department of social and health services, the state billing agent, districts acting as their own billing agent, and firms to calculate the appropriate amounts of incentive payments and state special education program moneys due each district.
(4) Moneys received by the superintendent of public instruction shall be disbursed for the following purposes:
(a) Reimbursement to the department of social and health services for the state-funded portion of medicaid payments;
(b) Reimbursement for billing agent's fees, including those of districts acting as their own agent and billing fees of firms;
(c) Incentive payments to school districts equal to twenty percent of the federal portion of medicaid payments after deduction for billing fees; and
(d) The remainder shall be distributed to districts as part of state allocations for the special education program provided under RCW 28A.150.390.
(5) With respect to private insurer funds received by districts, the superintendent of public instruction shall reduce state special education program allocations to the districts by eighty percent of the amount received, after deduction for billing fees.
Sec. 8. RCW 28A.150.390 and 1993 c 149 s 9 are each amended to read as follows:
The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for handicapped programs. Funding for programs operated by local school districts shall be on an excess cost basis from appropriations provided by the legislature for handicapped programs and shall take account of state funds accruing through RCW 28A.150.250, 28A.150.260, federal medical assistance and private funds accruing under RCW 74.09.5249 through 74.09.5253 and sections 5 through 7 of this act, and other state and local funds, excluding special excess levies. ((However, the superintendent of public instruction shall reimburse the department of social and health services from state appropriations for handicapped education programs for the state-funded portion of any medical assistance payment made by the department for services provided under an individualized education program established pursuant to RCW 28A.155.010 through 28A.155.100. The amount of such interagency reimbursement shall be deducted by the superintendent of public instruction in determining additional allocations to districts for handicapped education programs under this section.))
NEW SECTION. Sec. 9. RCW 28A.155.150 and 1993 c 149 s 8 are each repealed.
NEW SECTION. Sec. 10. 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, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
NEW SECTION. Sec. 11. 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."
On page 1, line 1 of the title, after "districts;" strike the remainder of the title and insert "amending RCW 74.09.5243, 74.09.5247, 74.09.5249, 74.09.5253, and 28A.150.390; adding new sections to chapter 74.09 RCW; creating a new section; and repealing RCW 28A.155.150."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Valle moved that the House concur in the Senate amendments to House Bill No. 2743 and pass the bill as amended by the Senate.
Representative Valle spoke in favor of the motion.
With the consent of the House, the House deferred further consideration of House Bill No. 2743.
SENATE AMENDMENTS TO HOUSE BILL
February 26, 1994
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2863 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds and declares that:
A 1991 legislative study, conducted by Booz Allen, Hamilton and M. Rosenblatt and Son, examining the Washington State Ferries' management of its vessel refurbishment and construction program, resulted in recommendations for improvements and changes in the vessel refurbishment and construction program. These legislatively adopted recommendations encourage and support input by Washington State Ferries' engineers in the development of refurbishment and new construction project requirements.
The recommendations of the Booz.Allen study have been applied to the construction of the Jumbo Class Mark II ferries through the appointment of a Jumbo Class Mark II Steering Committee comprised of current state ferry engineers responsible for the design, operation, and maintenance of state ferry vessels.
The Steering Committee, in carrying out the recommendations of the Booz. Allen study, has determined that the procedure for the procurement of equipment, parts, and supplies for the Jumbo Class Mark II ferry vessels authorized by RCW 47.60.770 through 47.60.778, must take into consideration, in addition to life-cycle cost criteria, criteria that are essential to the operation of a public mass transportation system responsive to the needs of Washington State Ferries' users, and that assess the reliability, maintainability, and performance of equipment, parts, and supplies to be installed in the Jumbo Mark II ferries.
The construction of the new Jumbo Class Mark II ferry vessels authorized by RCW 47.60.770 through 47.60.778 is critical to the welfare of the state and any delay in the immediate construction of the ferries will result in severe hardship and economic loss to the state and its citizens. Recognizing these findings, it is the intent of the legislature that the vessel construction should not be delayed further because of the acquisition of a propulsion system, or any component of it, for the ferries, and to authorize the department of transportation to acquire all components of a complete propulsion system as soon as possible so that planned construction of the Jumbo Class Mark II ferry vessels can proceed immediately.
The purpose of this chapter is to authorize the use, by the department, of supplemental, alternative contracting procedures for the procurement of a propulsion system, and the components thereof, for the Jumbo Class Mark II ferries; and to prescribe appropriate requirements and criteria to ensure that contracting procedures for such procurement serve the public interest.
NEW SECTION. Sec. 2. A new section is added to chapter 47.60 RCW to read as follows:
(1) The department may enter into a contract for the acquisition of the propulsion system, or any component of it, including diesel engines and spare parts, for installation into one or more of the three Jumbo Class Mark II ferry vessels authorized under this chapter. This authorization does not limit the department from obtaining and installing the propulsion system, or any component of it, as incidental to the overall vessel construction contract authorized under RCW 47.60.770 through 47.60.778, nor from proceeding to complete an existing contract for acquisition of the propulsion system or any component of it.
(2) Acquisition of a propulsion system, or any component of it, for the Jumbo Class Mark II ferries by the department under this section is exempt from chapter 43.19 RCW.
(3) Whenever the department decides to enter into an acquisition contract under this section it shall publish a notice of its intent to negotiate such a contract once a week for at least two consecutive weeks in one trade newspaper and one other newspaper, both of general circulation in the state. The notice must contain, but is not limited to, the following information:
(a) The identity of the propulsion system or components to be acquired and the proposed delivery dates for the propulsion system or components;
(b) An address and telephone number that may be used to obtain the request for proposal.
(4) The department shall send to any firm that requests it, a request for proposal outlining the design and construction requirements for the propulsion system, including any desired components. The request for proposal must include, but is not limited to, the following information:
(a) The proposed delivery date for each propulsion system or desired component and the location where delivery will be taken;
(b) The form and formula for contract security;
(c) A copy of the proposed contract;
(d) The date by which proposals must be received by the department in order to be considered; and
(e) A statement that any proposal submitted constitutes an offer and must remain open until ninety days after the deadline for submitting proposals, together with an explanation of the requirement that all proposals submitted must be accompanied by a deposit in the amount of five percent of the proposed cost.
(5) The department shall evaluate all timely proposals received for: (a) Compliance with the requirements specified in the request for proposal; and (b) suitability of each firm's proposal by applying appropriate criteria to be developed by the department: (i) To assess the ability of the firm to expeditiously and satisfactorily perform and (ii) to accomplish an acquisition that is most advantageous to the department. A portion of the technical requirements addressed in the request for proposal shall include, but is not limited to, user verifications of manufacturer's reliability claims; the quality of engine maintenance documentation; and engine compatibility with ship design.
(6) The criteria to select the most advantageous diesel engine under subsection (5)(b)(ii) shall consist of life-cycle cost factors weighted at forty-five percent; and operational factors weighted as follows: reliability at twenty percent, maintainability at twenty percent, and engine performance at fifteen percent. For purposes of this subsection, the life-cycle cost factors shall consist of the costs for engine acquisition and warranty, spare parts acquisition and inventory, fuel efficiency and lubricating oil consumption, and commonality. The fuel efficiency and lubricating oil consumption life-cycle cost factors shall receive not less than twenty percent of the total evaluation weighting and shall be evaluated under a format similar to that employed in the 1992 M.V. Tyee engine replacement contract. The reliability factors shall consist of the length of service and reliability record in comparable uses, and mean time between overhauls. The mean time between overhauls evaluation shall be based upon the manufacturer's required hours between change of wear components. The maintainability factors shall consist of spare parts availability, the usual time anticipated to perform typical repair functions, and the quality of factory training programs for ferry system maintenance staff. The performance factors shall consist of load change responsiveness, and air quality of exhaust and engine room emissions.
(7) Upon concluding its evaluation, the department shall:
(a) Select the firm presenting the proposal most advantageous to the department, taking into consideration compliance with the requirements stated in the request for proposal, and the criteria developed by the department, and rank the remaining firms in order of preference, judging them by the same standards; or
(b) Reject all proposals as not in compliance with the requirements contained in the request for proposals.
(8) The department shall immediately notify those firms that were not selected as the firm presenting the most advantageous proposal of the department's decision. The department's decision is conclusive unless an aggrieved firm appeals the decision to the superior court of Thurston county within five days after receiving notice of the department's final decision. The appeal shall be heard summarily within ten days after it is taken and on five days' notice to the department. The court shall hear the appeal on the administrative record that was before the department. The court may affirm the decision of the department, or it may reverse the decision if it determines the action of the department is arbitrary or capricious.
(9) Upon selecting the firm that has presented the most advantageous proposal and ranking the remaining firms in order of preference, the department shall:
(a) Negotiate a contract with the firm presenting the most advantageous proposal; or
(b) If a final agreement satisfactory to the department cannot be negotiated with the firm presenting the most advantageous proposal, the department may then negotiate with the firm ranked next highest in order of preference. If necessary, the department may repeat this procedure and negotiate with each firm in order of rank until the list of firms has been exhausted.
(10) Proposals submitted by firms under this section constitute an offer and must remain open for ninety days. When submitted, each proposal must be accompanied by a deposit in cash, certified check, cashier's check, or surety bond in the amount equal to five percent of the amount of the proposed contract price, and the department may not consider a proposal that has no deposit enclosed with it. If the department awards a contract to a firm under the procedure set forth in this section and the firm fails to enter into the contract and furnish the required contract security within twenty days, exclusive of the day of the award, its deposit shall be forfeited to the state and deposited by the state treasurer to the credit of the Puget Sound capital construction account. Upon the execution of a contract all proposal deposits shall be returned.
NEW SECTION. Sec. 3. The department of transportation, the department of general administration, and the office of financial management, in consultation with the legislative transportation committee, shall conduct a systematic review of acquisition authorities established under chapters 43.19, 47.56, and 47.60 RCW, and the consequent impact on the operation of Washington state ferries as a public mass transportation system. The results of this review, including any proposed legislation, shall be reported to the governor and the house of representatives and senate transportation committees on or before January 1, 1995.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
In line 1 of the title, after "system;" strike the remainder of the title, and insert "adding a new section to chapter 47.60 RCW; creating new sections; and declaring an emergency."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Brown moved that the House concur in the Senate amendments to Engrossed Substitute House Bill No. 2863 and pass the bill as amended by the Senate.
Representative Schmidt spoke in favor of the motion. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2863 as amended by the Senate.
Representatives R. Fisher and Schmidt spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2863, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 89, Nays - 4, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, R., Flemming, Foreman, Grant, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood and Zellinsky - 89.
Voting nay: Representatives Forner, Fuhrman, Hansen and Heavey - 4.
Excused: Representatives Fisher, G., Orr, Peery, Riley and Mr. Speaker - 5.
Engrossed Substitute House Bill No. 2863 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2865, with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.17.310 and 1993 c 360 s 2, 1993 c 320 s 9, and 1993 c 280 s 35 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.
(p) Financial disclosures filed by private vocational schools under chapter 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying if the provider has provided the department with an accurate alternative or business address and telephone number.
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Business related information protected from public inspection and copying under RCW 15.86.110.
(ff) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
NEW SECTION. Sec. 2. This act shall take effect July 1, 1994."
On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "reenacting and amending RCW 42.17.310; and providing an effective date."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Wineberry moved that the House concur in the Senate amendments to Substitute House Bill No. 2865 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2865 as amended by the Senate.
Representatives Valle and Schoesler spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2865, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood and Zellinsky - 93.
Excused: Representatives Fisher, G., Orr, Peery, Riley and Mr. Speaker - 5.
Substitute House Bill No. 2865 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 1, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2867 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds and declares:
(1) The federal energy regulatory commission, under the federal power act, licenses hydropower projects in navigable waters and regularly and extensively inspects facilities for safety; and
(2) Nothing in this act alters or affects the department of ecology's authority to: (a) Participate in the federal process of licensing hydropower projects; or (b) ensure that hydropower projects comply with federal statutes such as the coastal zone management act and the clean water act and, subject to section 2 of this act, all applicable state law.
NEW SECTION. Sec. 2. A new section is added to chapter 43.21A RCW to read as follows:
(1) Except as provided in subsection (2) of this section, with respect to the safety of any dam, canal, ditch, hydraulic power plant, reservoir, project, or other work, system, or plant that requires a license under the federal power act, no licensee shall be required to:
(a) Submit proposals, plans, specifications, or other documents for approval by the department;
(b) Seek a permit, license, or other form, permission, or authorization from the department;
(c) Submit to inspection by the department; or
(d) Change the design, construction, modification, maintenance, or operation of such facilities at the demand of the department.
(2) The department may review and comment upon reports, plans, and specifications submitted by a licensee to the federal energy regulatory commission, and conduct inspections for the purpose of commenting upon reports, plans, and specifications when requested by the federal energy regulatory commission or a licensee.
(3) For the purposes of this section, "licensee" means an owner or operator, or any employee thereof, of a dam, canal, ditch, hydraulic power plant, reservoir, project, or other work, system, or plant that requires a license under the federal power act.
Sec. 3. RCW 43.21A.064 and 1977 c 75 s 46 are each amended to read as follows:
Subject to section 2 of this act, the director of the department of ecology shall have the following powers and duties:
(1) The supervision of public waters within the state and their appropriation, diversion, and use, and of the various officers connected therewith;
(2) Insofar as may be necessary to assure safety to life or property, he shall inspect the construction of all dams, canals, ditches, irrigation systems, hydraulic power plants, and all other works, systems, and plants pertaining to the use of water, and he may require such necessary changes in the construction or maintenance of said works, to be made from time to time, as will reasonably secure safety to life and property;
(3) He shall regulate and control the diversion of water in accordance with the rights thereto;
(4) He shall determine the discharge of streams and springs and other sources of water supply, and the capacities of lakes and of reservoirs whose waters are being or may be utilized for beneficial purposes;
(5) He shall keep such records as may be necessary for the recording of the financial transactions and statistical data thereof, and shall procure all necessary documents, forms, and blanks. He shall keep a seal of the office, and all certificates by him covering any of his acts or the acts of his office, or the records and files of his office, under such seal, shall be taken as evidence thereof in all courts;
(6) He shall render when required by the governor, a full written report of the work of his office with such recommendations for legislation as he may deem advisable for the better control and development of the water resources of the state;
(7) The director and duly authorized deputies may administer oaths;
(8) He shall establish and promulgate rules governing the administration of chapter 90.03 RCW;
(9) He shall perform such other duties as may be prescribed by law.
Sec. 4. RCW 86.16.025 and 1989 c 64 s 2 are each amended to read as follows:
Subject to section 2 of this act, with respect to such features as may affect flood conditions, the department shall have authority to examine, approve or reject designs and plans for any structure or works, public or private, to be erected or built or to be reconstructed or modified upon the banks or in or over the channel or over and across the floodway of any stream or body of water in this state.
Sec. 5. RCW 86.16.035 and 1987 c 523 s 9 and 1987 c 109 s 53 are each reenacted and amended to read as follows:
Subject to section 2 of this act, the department of ecology shall have supervision and control over all dams and obstructions in streams, and may make reasonable regulations with respect thereto concerning the flow of water which he deems necessary for the protection to life and property below such works from flood waters.
Sec. 6. RCW 90.03.350 and 1987 c 109 s 91 are each amended to read as follows:
Except as provided in section 2 of this act, any person, corporation or association intending to construct or modify any dam or controlling works for the storage of ten acre feet or more of water, shall before beginning said construction or modification, submit plans and specifications of the same to the department for examination and approval as to its safety. Such plans and specifications shall be submitted in duplicate, one copy of which shall be retained as a public record, by the department, and the other returned with its approval or rejection endorsed thereon. No such dam or controlling works shall be constructed or modified until the same or any modification thereof shall have been approved as to its safety by the department. Any such dam or controlling works constructed or modified in any manner other than in accordance with plans and specifications approved by the department or which shall not be maintained in accordance with the order of the department shall be presumed to be a public nuisance and may be abated in the manner provided by law, and it shall be the duty of the attorney general or prosecuting attorney of the county wherein such dam or controlling works, or the major portion thereof, is situated to institute abatement proceedings against the owner or owners of such dam or controlling works, whenever he is requested to do so by the department.
Sec. 7. RCW 90.03.370 and 1987 c 109 s 93 are each amended to read as follows:
Except as provided in section 2 of this act, all applications for reservoir permits shall be subject to the provisions of RCW 90.03.250 through 90.03.320. But the party or parties proposing to apply to a beneficial use the water stored in any such reservoir shall also file an application for a permit, to be known as the secondary permit, which shall be in compliance with the provisions of RCW 90.03.250 through 90.03.320. Such secondary application shall refer to such reservoir as its source of water supply and shall show documentary evidence that an agreement has been entered into with the owners of the reservoir for a permanent and sufficient interest in said reservoir to impound enough water for the purposes set forth in said application. When the beneficial use has been completed and perfected under the secondary permit, the department shall take the proof of the water users under such permit and the final certificate of appropriation shall refer to both the ditch and works described in the secondary permit and the reservoir described in the primary permit."
On page 1, line 1 of the title, after "resources;" strike the remainder of the title and insert "amending RCW 43.21A.064, 86.16.025, 90.03.350, and 90.03.370; reenacting and amending RCW 86.16.035; adding a new section to chapter 43.21A RCW; and creating a new section."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Bray moved that the House concur in the Senate amendments to House Bill No. 2867 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2867 as amended by the Senate.
Representatives Bray and Casada spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2867, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 88, Nays - 5, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Ogden, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood and Zellinsky - 88.
Voting nay: Representatives Fisher, R., Heavey, King, Myers, H. and Valle - 5.
Excused: Representatives Fisher, G., Orr, Peery, Riley and Mr. Speaker - 5.
House Bill No. 2867 as amended by the Senate, having received the constitutional majority, was declared passed.
MOTION FOR RECONSIDERATION
Representative Dyer:Mr. Speaker, having voted on the prevailing side, I move that the House immediately reconsider the vote by which the House concurred in the Senate amendment to House Bill No. 2627 and passed the bill as amended by the Senate.
Representative Dyer withdrew the motion for reconsideration.
SENATE AMENDMENTS TO HOUSE BILL
March 2, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2891 with the following amendments:
Strike everything after the enacting clause and insert the following:
NEW SECTION. Sec. 1. A new section is added to chapter 51.12 RCW to read as follows:
(1) An employer covered under this title may elect to include student volunteers as employees or workers for all purposes relating to medical aid benefits under chapter 51.36 RCW. The employer shall give notice of its intent to cover all of its student volunteers to the director prior to the occurrence of the injury or contraction of an occupational disease.
(2) A student volunteer is an enrolled student in a public school as defined in RCW 28A.150.010 who is participating as a volunteer under a program authorized by the public school. The student volunteer shall perform duties for the employer without wages. The student volunteer shall be deemed to be a volunteer even if the student is granted maintenance and reimbursement for actual expenses necessarily incurred in performing his or her assigned or authorized duties. A person who earns wages for the services performed is not a student volunteer.
(3) Any and all premiums or assessments due under this title on account of service by a student volunteer shall be paid by the employer who has registered and accepted the services of volunteers and has exercised its option to secure the medical aid benefits under chapter 51.36 RCW for the student volunteers.
NEW SECTION. Sec. 2. The task force on school-to-work transitions created under RCW 28A.630.866 shall develop guidelines for nonpaid work-based learning experiences for student volunteers. The task force shall report its finding to the superintendent of public instruction not later than December 14, 1994.
NEW SECTION. Sec. 3. Section 1 of this act shall take effect October 1, 1994. The department of labor and industries may take such steps as are necessary to ensure that this section is implemented on its effective date."
On page 1, line 2 of the title, after "experiences;" strike the remainder of the title and insert "adding a new section to chapter 51.12 RCW; creating a new section; and providing an effective date."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Dorn moved that the House concur in the Senate amendments to Substitute House Bill No. 2891 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2891 as amended by the Senate.
Representative Dorn spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2891, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood and Zellinsky - 93.
Excused: Representatives Fisher, G., Orr, Peery, Riley and Mr. Speaker - 5.
Substitute House Bill No. 2891 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1743, with the following amendments:
On page 1, line 5, after "follows:" strike everything through "department." on page 2, line 16, and insert the following:
"(1) Not later than January 1, 1995, the department shall designate an industry type and up to ten individual facilities within that industry type to be the focus of a pilot multimedia program. The program shall be designed to coordinate department actions related to environmental permits, plans, approvals, certificates, registrations, technical assistance, and inspections. The program shall also investigate the feasibility of issuing facility-wide permits. The director shall determine the industry type and facilities based on:
(a) A review of at least three industry types; and
(b) Criteria which shall include at least the following factors:
(i) The potential for the industry to serve as a state-wide model for multimedia environmental programs including pollution prevention;
(ii) Whether the industry type is subject to regulatory requirements relating to at least two of the following subject areas: Air quality, water quality, or hazardous waste management;
(iii) The existence within the industry type of a range of business sizes; and
(iv) Voluntary participation in the program.
(2) Not later than January 1, 1997, the department shall submit to the governor and the appropriate standing committees of the legislature:
(a) A report evaluating the pilot multimedia program. The report shall consider the program's effect on the efficiency and effectiveness of program delivery and shall evaluate the feasibility of expanding the program to other industry types; and
(b) A report analyzing the feasibility of a facility-wide permit program.
(3) In developing the program, the department shall consult with and seek the cooperation of the environmental protection agency.
(4) For purposes of this section, "facility-wide permit" means a single multimedia permit issued by the department to the owner or operator of a facility incorporating the permits and any other relevant department approvals previously issued to the owner or operator or currently required by the department."
On page 2, after line 16, insert the following:
"NEW SECTION. Sec. 2. The purpose of sections 2 through 6 of this act is to establish a pilot program to encourage environmental permit program efficiency and pollution prevention through increased private sector participation in the preparation of wastewater discharge permits and performance of wastewater discharge permit compliance assurance activities currently administered by the department of ecology.
The legislature recognizes that pollution prevention can often be accomplished through cooperative partnerships between government and industry and through voluntary changes in industrial production methods. By utilizing expertise available in the private sector, the pilot program provided for in sections 2 through 6 of this act is intended to reduce the backlog of expired wastewater discharge permits and increase the frequency of compliance assurance activities in order to better protect the water quality of the state.
The legislature intends that the pilot program be implemented without an increase in government expenditures. The legislature also intends that the pilot program be implemented through the use of technical assistance and administrative guidelines. It is not the intent of this act to authorize additional rule making.
The provisions in this act do not affect the authority of the department to bring enforcement actions, nor do they affect provisions in existing law for public participation and rights of appeal of permit decisions.
NEW SECTION. Sec. 3. A new section is added to chapter 90.48 RCW to read as follows:
(1) For the period beginning July 1, 1994, and ending July 1, 1996, the department shall conduct a pilot program to test the feasibility and effectiveness of allowing certain industries which require a permit, renewal, or modification under RCW 90.48.260 to submit a draft permit and fact sheet in lieu of an application form.
(2) In implementing the pilot program, the department shall:
(a) Establish criteria for types of applicants that are eligible to submit draft permits and fact sheets. Such criteria shall include:
(i) Consideration of the applicant's compliance history; and
(ii) The potential for the industry to serve as a model for increased private sector participation in permit preparation;
(b) Develop guidelines specifying the elements of a complete draft permit and fact sheet;
(c) Make available a list of approved contractors with whom applicants may contract for draft permit preparation; and
(d) Document cost and time savings resulting from draft permit preparation by applicants and reflect these savings in the next revision of permit fees for such applicants. Any reduction in fees for permittees participating in the pilot program shall not cause an increase in fees for other permittees.
Nothing in this section affects the requirements for public participation and right of appeal under RCW 90.48.260 and chapter 43.21B RCW. The department shall retain full authority under this chapter to approve, modify, or disapprove any draft permit or fact sheet submitted under this section.
NEW SECTION. Sec. 4. A new section is added to chapter 90.48 RCW to read as follows:
(1) Beginning July 1, 1994, and ending July 1, 1996, the department shall conduct a pilot program to test the feasibility and effectiveness of allowing industrial permittees to contract with private consultants for the performance of annual compliance inspections required of major dischargers under federal law. As part of the program, the department shall allow at least ten major dischargers to contract directly with a consultant identified pursuant to subsection (2) of this section for the performance of annual compliance inspections.
(2) The department shall:
(a) Upon request of a permittee, approve individual permittees who are eligible to hire contractors for compliance inspections. In making this determination, the department shall consider the permittee's compliance history and the potential for the facility to serve as a model for private sector cooperation in pollution prevention;
(b) Make available a list of approved contractors with whom permittees may contract for compliance inspections. Before receiving approval from the department, such firms shall sign an agreement with the department stating that: (i) They will be available to participate in any legal proceedings that may arise as a result of conducting such inspections for four years after the inspection; and (ii) they will not accept employment for purposes other than conducting inspections with any firm they or their business have inspected for four years after the final report of the inspection; and
(c) Document the time and cost savings resulting from privately contracted inspections and reflect these savings in the next revision of permit fees for such permittees. Any reduction in fees for permittees participating in the pilot program shall not cause an increase in fees for other permittees.
(3) To be eligible under this section, the discharger shall agree that the information obtained as part of compliance inspections contracted pursuant to this section shall not be subject to attorney-client privilege. The report of such inspections shall be submitted concurrently to both the permittee and the department.
(4) Nothing in this section affects the authority of the department to bring enforcement actions under this chapter.
NEW SECTION. Sec. 5. By July 1, 1995, the department shall provide an interim report to the legislature evaluating the effectiveness of the pilot program authorized in sections 3 and 4 of this act. A final report shall be submitted by December 1, 1996.
NEW SECTION. Sec. 6. If any part of this act if found to be in conflict with federal requirements, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned."
On page 1, line 1 of the title, after "prevention;" strike the remainder of the title and insert "adding a new section to chapter 70.95C RCW; adding new sections to chapter 90.48 RCW; and creating new sections."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Rust moved that the House concur in the Senate amendments to Substitute House Bill No. 1743 on page 1, line 5, and not concur in the amendments to page 2, after line 16, and ask the Senate to recede therefrom. The motion was carried.
SENATE AMENDMENTS TO HOUSE BILL
March 1, 1994
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2326, with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to provide an incentive that encourages the use of renewable fuels by the motoring public, stimulates higher value added markets for agricultural products and by-products, and encourages a waste to energy industry. It is also the intent of the legislature to limit the financial impact to the state of this incentive.
The legislature declares that encouraging the use of renewable fuels by the motoring public will provide the following benefits to the people of Washington: Improved air quality, a market for agricultural products and by-products, a reduction of cost associated with the disposal of organic wastes, and new business and employment opportunities in the state.
NEW SECTION. Sec. 2. RCW 82.36.2251 and 1993 c 268 s 2 are each repealed.
Sec. 3. RCW 46.68.090 and 1991 c 342 s 56 are each amended to read as follows:
(1) All moneys that have accrued or may accrue to the motor vehicle fund from the motor vehicle fuel tax and special fuel tax shall be first expended for the following purposes:
(a) For payment of refunds of motor vehicle fuel tax and special fuel tax that has been paid and is refundable as provided by law;
(b) For payment of amounts to be expended pursuant to appropriations for the administrative expenses of the offices of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the motor vehicle fuel tax and the special fuel tax, which sums shall be distributed monthly;
(c) From April 1, 1992, through March 31, 1996, for distribution to the transfer relief account, hereby created in the motor vehicle fund, an amount not to exceed three hundred twenty-five one-thousandths of one percent;
(d) For distribution to the rural arterial trust account in the motor vehicle fund, an amount as provided in RCW 82.36.025(2) and 46.68.095(3);
(e) For distribution to the urban arterial trust account in the motor vehicle fund, an amount as provided in RCW 82.36.025(3);
(f) For distribution to the transportation improvement account in the motor vehicle fund, an amount as provided in RCW 46.68.095(1);
(g) For distribution to the special category C account, hereby created in the motor vehicle fund, an amount as provided in RCW 46.68.095(2);
(h) For distribution to the county arterial preservation account, hereby created in the motor vehicle fund, an amount as provided in RCW 46.68.095(4);
(i) For distribution to the motor vehicle fund to be allocated to cities and towns as provided in RCW 46.68.110, an amount as provided in RCW 46.68.095(5);
(j) For distribution to the motor vehicle fund to be allocated to counties as provided in RCW 46.68.120, an amount as provided in RCW 46.68.095(6);
(k) For expenditure for highway purposes of the state as defined in RCW 46.68.130, an amount as provided in RCW 82.36.025(4) and 46.68.095(7);
(l) From July 1, 1994, through June 30, 1995, for distribution to the gasohol exemption holding account, hereby created in the motor vehicle fund, an amount equal to four and sixty-one one-hundredths of one percent of the amount available prior to distributions under (a) through (k) of this subsection, to be used only for highway construction.
(2) The amount accruing to the motor vehicle fund by virtue of the motor vehicle fuel tax and the special fuel tax and remaining after payments, distributions, and expenditures as provided in this section shall, for the purposes of this chapter, be referred to as the "net tax amount."
NEW SECTION. Sec. 4. A new section is added to chapter 82.36 RCW to read as follows:
(1) Alcohol of any proof that is sold in this state for use as fuel in motor vehicles is exempt from the motor fuel tax under this chapter, subject to the limitations under section 5 of this act, if such alcohol has been verified by the department as meeting all of the following conditions:
(a)(i) The alcohol was manufactured by a company that has been verified by the department as having produced four million gallons or less of alcohol for use as motor fuel in the prior calendar year. If a company applying for certification has not been in continuous production for the entire prior calendar year its plant or plants must have a total annual fuel alcohol production capacity of four million gallons or less.
(ii) The company has not sold more than four million gallons of its own manufactured fuel alcohol in the current calendar year.
(b) The alcohol was manufactured by a company whose primary raw material for the alcohol is food processing waste, brewery waste, or wood and paper processing waste.
(2) In addition, a tax credit of thirty percent of the tax rate imposed by RCW 82.36.025 shall be given for every gallon of alcohol receiving the exemption under subsection (1) of this section and used in an alcohol gasoline blend which contains at least ten percent by volume of alcohol.
NEW SECTION. Sec. 5. A new section is added to chapter 82.36 RCW to read as follows:
The motor fuel tax exemption under section 4 of this act is subject to the following limitations:
(1) No exemption shall be allowed for the sale of alcohol in all of western Washington during, or one month prior to, the time that oxygenated fuel is required by the state in any area in western Washington. No exemption shall be allowed for the sale of alcohol in all of eastern Washington during, or one month prior to, the time that oxygenated fuel is required by the state in any area in eastern Washington.
(2) The tax exemption for qualified alcohol shall not apply to any alcohol that is blended with gasoline by any distributor in excess of five million gallons of qualified alcohol per distributor during any calendar year.
(3)(a) For fuel sold beginning on the effective date of this act and until December 31, 1994, the total amount of the tax exemption and credit shall not exceed two and one-half million dollars.
(b) For fuel sold after December 31, 1994, the total amount of the tax exemption and credit shall not exceed five million dollars per calendar year.
NEW SECTION. Sec. 6. (1) If a court enters a final order invalidating or remanding section 2 of this act on the grounds that it does not comply with section 13, chapter 2, Laws of 1994, it is the intent of the legislature that this measure be submitted to the people for their adoption, ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof.
(2) If a court remands this act for a vote of the people, the ballot title shall be substantially as follows: "Shall the alcohol fuel tax exemption be limited to alcohol produced from waste products?"
NEW SECTION. Sec. 7. Sections 4 and 5 of this act shall expire on December 31, 1999.
NEW SECTION. Sec. 8. 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. 9. 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 May 1, 1994."
On page 1, line 1 of the title, after "gasohol;" strike the remainder of the title and insert "amending RCW 46.68.090; adding new sections to chapter 82.36 RCW; creating a new section; repealing RCW 82.36.2251; providing an effective date; providing an expiration date; providing for contingent submission of this act to a vote of the people; and declaring an emergency."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative R. Fisher moved that the House not concur in the Senate amendments to Engrossed Substitute House Bill No. 2326 and ask the Senate to recede therefrom.
Representative Schmidt spoke in favor of the motion. The motion was carried.
The Speaker (Representative R. Meyers presiding) declared the House to be at ease.
The Speaker called the House to order.
MOTION FOR RECONSIDERATION
Representative B. Thomas: Mr. Speaker, having voted on the prevailing side, I move that the House immediately reconsider the vote by which the House concurred in the Senate amendment to Substitute House Bill No. 2627 and passed the bill as amended by the Senate.
Representative Padden: Mr. Speaker, Under the House Rules bills are not to be transmitted until the end of the working day. Under what authority was this bill transmitted to the Senate, its not in the House Rules.
Mr. Speaker: Which House Rule are you referring to, Representative Padden?
Representative Padden: I don't have the specific rule in front of me, Mr. Speaker, but its my understanding from past experience here that bills are not transmitted until the end of the working day unless a motion is made to immediately transmit a bill and that the Chief Clerk or nobody else would have authority to transmit a bill until the end of the working day unless a specific motion had been made to immediately transmit.
Representative Dyer: I want to rise on the same point of information. During adjournment for Caucus an inquiry was made to the Chief Clerk. The Chief Clerk did in fact confirm that the bill had not been transmitted yet, and therefore we do understand that House Rules have not allowed that bill to leave our chamber and it is still under our consideration and that is the advice I received from the Chief Clerk.
With the consent of the House, the House deferred further consideration of Engrossed Substitute House Bill No. 2326.
With the consent of the House, the House resumed consideration of Substitute House Bill No. 2226.
SENATE AMENDMENTS TO HOUSE BILL
March 3,1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2226 with the following amendments:
On page 2, after line 24, insert the following:
"Sec. 4. RCW 70.95.060 and 1969 ex.s. c 134 s 6 are each amended to read as follows:
(1) The department in accordance with procedures prescribed by the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter amended, may adopt such minimum functional standards for solid waste handling as it deems appropriate. The department in adopting such standards may classify areas of the state with respect to population density, climate, geology, and other relevant factors bearing on solid waste disposal standards.
(2) Standards with an effective date on or after October 1, 1993 shall define "existing municipal solid waste landfill units" to include defined areas of land that have been permitted by a jurisdictional health department to receive, and any part of which is receiving, solid waste as of the effective date of the standard. This subsection shall apply only to landfills in counties bordering the Columbia river with a population of between eighty and one hundred thousand and counties bordering the Snake River with a population of between fifteen and twenty thousand. Furthermore, for such landfills, this subsection shall apply only as long as the landfill does not receive waste from other counties, except as provided under a contract for disposal of waste entered before October 1, 1993, and any renewals of such contract for disposal of like quantities of waste."
On page 1, line 2 of the title, after "chapter 35A.21 RCW;" insert "amending RCW 70.95.060;"
and the same are herewith transmitted.
Marty Brown, Secretary
Representative Rust: Mr. Speaker, I request a ruling on the scope and object of the Senate amendments to Substitute House Bill No. 2226.
Representative Rust has requested a ruling on the scope and object of the Senate amendments to Substitute House Bill No. 2226. In ruling on the point of order, the Speaker finds that Substitute House Bill No. 2226 is a measure that requires city-managed solid waste systems to provide public notice of rate increases.
The Senate amendments would define certain areas of land in two Washington counties as existing municipal solid waste landfill units.
The Speaker therefore finds that the Senate amendments do change the scope and object of the underlying bill and that the point of order is well taken.
MOTION
Representative Rust moved that the House not concur in the Senate amendments to Substitute House Bill No. 2226 and ask the Senate to recede therefrom.
Representative Horn spoke in favor of the motion. The motion was carried.
With the consent of the House, the House considered House Bill No. 2593.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2593, with the following amendments:
On page 2, after line 36, insert the following:
"Sec. 2. RCW 47.42.020 and 1993 c 430 s 10 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter.
(1) "Department" means the Washington state department of transportation.
(2) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish.
(3) "Interstate system" means any state highway which is or does become part of the national system of interstate and defense highways as described in section 103(d) of title 23, United States Code.
(4) "Maintain" means to allow to exist.
(5) "Person" means this state or any public or private corporation, firm, partnership, association, as well as any individual or individuals.
(6) "Primary system" means any state highway which is or does become part of the federal-aid primary system as described in section 103(b) of title 23, United States Code.
(7) "Scenic system" means (a) any state highway within any public park, federal forest area, public beach, public recreation area, or national monument, (b) any state highway or portion thereof outside the boundaries of any incorporated city or town designated by the legislature as a part of the scenic system, or (c) any state highway or portion thereof outside the boundaries of any incorporated city or town designated by the legislature as a part of the scenic and recreational highway system except for the sections of highways specifically excluded in RCW 47.42.025 or located within areas zoned by the governing county for predominantly commercial and industrial uses, and having development visible to the highway, as determined by the department.
(8) "Sign" means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing that is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main-traveled way of the interstate system or other state highway.
(9) "Commercial and industrial areas" means any area zoned commercial or industrial by a county or municipal code, or if unzoned or zoned for general uses by a county or municipal code, that area occupied by three or more separate and distinct commercial or industrial activities, or any combination thereof, within a space of five hundred feet and the area within five hundred feet of such activities on both sides of the highway. The area shall be measured from the outer edges of the regularly used buildings, parking lots, or storage or processing areas of the commercial or industrial activity and not from the property lines of the parcels upon which the activities are located. Measurements shall be along or parallel to the edge of the main traveled way of the highway. An area that previously qualified as a commercial and industrial area under this subsection, but no longer qualifies due to commercial or industrial closures that are a direct result of the timber crisis, shall maintain its former status as a commercial and industrial area. The following shall not be considered commercial or industrial activities:
(a) Agricultural, forestry, grazing, farming, and related activities, including, but not limited to, wayside fresh produce stands;
(b) Transient or temporary activities;
(c) Railroad tracks and minor sidings;
(d) Signs;
(e) Activities more than six hundred and sixty feet from the nearest edge of the right of way;
(f) Activities conducted in a building principally used as a residence.
If any commercial or industrial activity that has been used in defining or delineating an unzoned area ceases to operate for a period of six continuous months, any signs located within the former unzoned area become nonconforming and shall not be maintained by any person.
(10) "Roadside area information panel or display" means a panel or display located so as not to be readable from the main traveled way, erected in a safety rest area, scenic overlook, or similar roadside area, for providing motorists with information in the specific interest of the traveling public.
(11) "Temporary agricultural directional sign" means a sign on private property adjacent to state highway right of way to provide directional information to places of business offering for sale seasonal agricultural products on the property where the sale is taking place."
In line 2 of the title, after "development;" insert "amending RCW 47.42.020;"
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
Representative R. Fisher: Mr. Speaker, I request a ruling on the scope and object of the Senate amendments to House Bill No. 2593.
In ruling on the point of order, the Speaker finds that House Bill No. 2593 is entitled "An act relating to funding for highway improvements necessitated by planned economic development." The measure facilitates the funding of CERB projects by transferring bond authority and cash from one account to another.
The Senate amendments would change chapter 47.72 RCW, the Highway Advertising Control Act, to allow signs to be visible from the highway in certain areas.
The Speaker therefore finds that the Senate amendments do change the scope and object of the underlying bill and that the point of order is well taken.
MOTION
Representative R. Fisher moved that the House not concur in the Senate amendments to House Bill No. 2593 and ask the Senate to recede therefrom. The motion was carried.
SENATE AMENDMENTS TO HOUSE BILL
February 28, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2601 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that:
(a) Emergency services communication systems, including enhanced 911 telephone systems, are currently funded with revenues from state and local excise taxes imposed on the use of switched access lines;
(b) Users of cellular communication systems and other similar wireless telecommunications systems do not use switched access lines and are not currently subject to these excise taxes;
(c) The volume of 911 calls by users of cellular communications systems and other similar wireless telecommunications systems has increased in recent years; and
(d) The integrity of 911 systems, including their long-term financial health and ability to meet revenue requirements, is dependent upon the maintenance of confidentiality of information collected by enhanced 911 systems.
(2) The intent of this act is to acknowledge the recommendations regarding 911 emergency communication system funding as detailed in the report to the legislature dated November 1993, entitled "Taxation of Cellular Communications in Washington State," to authorize imposition and collection of the twenty-five cent county tax discussed in chapter 6 of that report, and to require the department of revenue to continue the study of such funding as detailed in the report.
Sec. 2. RCW 82.14B.020 and 1991 c 54 s 10 are each amended to read as follows:
As used in this chapter:
(1) "Emergency services communication system" means a multicounty, county-wide, or district-wide radio or landline communications network, including an enhanced 911 telephone system, which provides rapid public access for coordinated dispatching of services, personnel, equipment, and facilities for police, fire, medical, or other emergency services.
(2) "Enhanced 911 telephone system" means a public telephone system consisting of a network, data base, and on-premises equipment that is accessed by dialing 911 and that enables reporting police, fire, medical, or other emergency situations to a public safety answering point. The system includes the capability to selectively route incoming 911 calls to the appropriate public safety answering point that operates in a defined 911 service area and the capability to automatically display the name, address, and telephone number of incoming 911 calls at the appropriate public safety answering point.
(3) "Switched access line" means the telephone service line which connects a subscriber's main telephone(s) or equivalent main telephone(s) to the local exchange company's switching office.
(4) "Local exchange company" has the meaning ascribed to it in RCW 80.04.010.
(5) "Radio access line" means the telephone number assigned to or used by an end user for two-way local wireless voice service available to the public for hire from a radio communications service company. Radio access lines include, but are not limited to, radio-telephone communications lines used in cellular telephone service, personal communications services, and network radio access lines, or their functional and competitive equivalent. Radio access lines do not include lines that provide access to one-way signalling service, such as paging service, or to communications channels suitable only for data transmission, or to nonlocal radio access line service, such as wireless roaming service, or to a private telecommunications system.
(6) "Radio communications service company" has the meaning ascribed to it in RCW 80.04.010.
(7) "Private telecommunications system" has the meaning ascribed to it in RCW 80.04.010.
Sec. 3. RCW 82.14B.030 and 1991 c 54 s 11 are each amended to read as follows:
(1) The legislative authority of a county may impose a county enhanced 911 excise tax on the use of switched access lines in an amount not exceeding fifty cents per month for each switched access line. The amount of tax shall be uniform for each switched access line. Each county shall provide notice of such tax to all local exchange companies serving in the county at least sixty days in advance of the date on which the first payment is due.
(2) The legislative authority of a county may also impose a county 911 excise tax on the use of radio access lines located within the county in an amount not exceeding twenty-five cents per month for each radio access line. The amount of tax shall be uniform for each radio access line. The county shall provide notice of such tax to all radio communications service companies serving in the county at least sixty days in advance of the date on which the first payment is due. Any county imposing this tax shall include in its ordinance a refund mechanism whereby the amount of any tax ordered to be refunded by the judgment of a court of record, or as a result of the resolution of any appeal therefrom, shall be refunded to the radio communications service company or local exchange company that collected the tax, and those companies shall reimburse the users who paid the tax. The ordinance shall further provide that to the extent the users who paid the tax cannot be identified or located, the tax paid by those users shall be returned to the county.
(3) Beginning January 1, 1992, a state enhanced 911 excise tax is imposed on all switched access lines in the state. For 1992, the tax shall be set at a rate of twenty cents per month for each switched access line. Until December 31, 1998, the amount of tax shall not exceed twenty cents per month for each switched access line and thereafter shall not exceed ten cents per month for each switched access line. The tax shall be uniform for each switched access line. Tax proceeds shall be deposited by the treasurer in the enhanced 911 account created in RCW 38.52.540.
(((3))) (4) By August 31st of each year the state enhanced 911 coordinator shall recommend the level for the next year of the state enhanced 911 excise tax to the utilities and transportation commission. The commission shall by the following October 31st determine the level of the state enhanced 911 excise tax for the following year.
Sec. 4. RCW 82.14B.040 and 1991 c 54 s 12 are each amended to read as follows:
The state enhanced 911 tax and the county enhanced 911 tax ((created in this chapter)) on switched access lines shall be collected from the user by the local exchange company providing the switched access line. The ((local exchange company shall state)) county 911 tax on radio access lines shall be collected from the end user by the radio communications service company providing the radio access line to the end user. The amount of the ((taxes)) tax shall be stated separately on the billing statement which is sent to the user.
NEW SECTION. Sec. 5. A new section is added to chapter 38.52 RCW to read as follows:
Any person as defined in RCW 82.04.030 owning, operating, or managing any facilities used to provide wireless two-way telecommunications services for hire, sale, or resale which allow access to 911 emergency services shall provide a system of automatic number identification which allows the 911 operator to automatically identify the number of the caller.
NEW SECTION. Sec. 6. (1) The department of revenue shall conduct a study of base and rate for the 911 excise tax. The study shall address but not be limited to the following questions:
(a) What is the current tax base for enhanced 911 excise tax? Who is included in the current tax base? Who is not included in the current tax base?
(b) What have been and what are projected to be the 911 tax revenues, expenditures, and funding sources?
(c) How are 911 systems funded in other states?
(d) What would be an appropriate tax base and tax rate for a 911 tax?
(e) What are the fiscal impacts of changing the tax base or tax rate, or both?
(f) Does the proposed tax base cover all current and projected future technologies?
(2) To perform this study, the department of revenue shall form an advisory study committee with balanced representation which must include, but need not be limited to, representatives from county government, representatives of both wireline and wireless telecommunications companies, large and small businesses that use wireline and wireless telecommunications services, the department of community, trade, and economic development, and county 911 coordinators. The committee shall also include two members from the house of representatives, one from each caucus, appointed by the speaker of the house of representatives, and two members from the senate, one from each caucus, appointed by the president of the senate.
(3) The department of revenue shall provide staff for the purpose of the study.
(4) The department of revenue shall present a final report of the findings of the study to the committees of the legislature that deal with revenue matters no later than July 1, 1995.
Sec. 7. RCW 38.52.540 and 1991 c 54 s 6 are each amended to read as follows:
The enhanced 911 account is created in the state treasury. All receipts from the state enhanced 911 excise tax imposed by RCW 82.14B.030 shall be deposited into the account. Moneys in the account shall be used only to help implement and operate enhanced 911 state-wide, and to conduct a study of the tax base and rate for the 911 excise tax. The state enhanced 911 coordinator, with the advice and assistance of the enhanced 911 advisory committee, shall specify by rule the purposes for which moneys may be expended from this account.
Sec. 8. RCW 42.17.310 and 1993 c 360 s 2, 1993 c 320 s 9, and 1993 c 280 s 35 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.
(p) Financial disclosures filed by private vocational schools under chapter 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying if the provider has provided the department with an accurate alternative or business address and telephone number.
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Business related information protected from public inspection and copying under RCW 15.86.110.
(ff) Information collected by an enhanced 911 telephone system (i) for the specific purpose of developing and updating the data base associated with such a system or (ii) relating to addresses, telephone numbers, personal health, or physical safety that was obtained during emergency calls to such a system.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
NEW SECTION. Sec. 9. 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. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately, except section 5 of this act shall take effect January 1, 1995, and section 8 of this act shall take effect July 1, 1994."
On page 1, line 3 of the title, after "funding;" strike the remainder of the title and insert "amending RCW 82.14B.020, 82.14B.030, 82.14B.040, and 38.52.540; reenacting and amending RCW 42.17.310; adding a new section to chapter 38.52 RCW; creating new sections; providing effective dates; and declaring an emergency."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
Representative Holm: Mr. Speaker, I request a ruling on the scope and object of the Senate amendments to House Bill No. 2601.
In ruling on the point of order, the Speaker finds that House Bill No. 2601 is a measure which implements the recommendations of the cellular communications tax study regarding 911 funding contained in a report to the Legislature entitled "Taxation of cellular communications in Washington State." The measure authorizes the imposition and collection of a twenty-five cent county tax discussed in the report and requires the Department of Revenue to continue study of such funding as detailed in the report.
The Senate amendments add provisions exempting personally identifiable information collected by enhanced 911 systems from public inspection and copying. This topic was not addressed in the study or report.
The Speaker therefore finds the Senate amendments, do change the scope and object of the underlying bill and that the point of order is well taken.
MOTION
Representative Holm moved that the House not concur in the Senate amendments to House Bill No. 2601 and ask the Senate to recede therefrom.
Representative Foreman spoke in favor of the motion. The motion was carried.
With the consent of the House, the House resumed consideration of Substitute House Bill No. 2627.
Representative Padden has raised a point of information regarding the timeliness for transmittal of bills. The Speaker finds that House Rule 20 is ambiguous as a solution. The Speaker proposes that we act on the bill in a way that would get the bill into conference. It appears to be agreeable to all parties, including the Chair of the committee and the other people involved in the issue.
MOTION FOR RECONSIDERATION
The Speaker stated that the question before the House to be Representative B. Thomas' motion to reconsider the vote by which the House passed Substitute House Bill No. 2627 as amended by the Senate.
The motion was carried.
MOTION FOR RECONSIDERATION
The Speaker stated the question before the House to be Representatives B. Thomas' motion to reconsider the vote by which the House concurred in the Senate amendments to Substitute House Bill No. 2627. The motion was carried.
MOTION
Representative Wineberry moved that the House not concur in the Senate amendments to Substitute House Bill No. 2627 and ask the Senate for a conference thereon.
The motion was carried.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Peery, the House adjourned until 1:00 p.m., Sunday, March 6, 1994.
8
BRIAN EBERSOLE, Speaker
MARILYN SHOWALTER, Chief Clerk