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ONE HUNDRED-FOURTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Saturday, April 22, 1995
The House was called to order at 9:00 a.m. by the Speaker (Representative Horn presiding). The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Whitney Jones and Kelly Smith. Prayer was offered by Reverend Nicholas Krantz, Foster Tukwila Presbyterian Church of Seattle.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
There being no objection, the House advanced to the sixth order of business.
SENATE AMENDMENTS TO HOUSE BILL
April 20, 1995
Mr. Speaker:
Under suspension of rules, ENGROSSED SUBSTITUTE HOUSE BILL NO. 1209 was returned to second reading for further amendment, and the bill was passed with the adoption of floor no. 415 to the Transportation Committee amendments previously adopted on 4/5/95:
On page 2, line 1, after "motor" strike "vehicles regulated: and insert "carriers subject to economic regulation"
On page 4, beginning with "(3)" on line 1, strike everything through "transferred." on line 4, and insert the following:
"(3) All employees of the utilities and transportation commission engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the Washington state patrol. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state patrol to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service. These employees will only be transferred upon successful completion of the Washington state patrol background investigation."
On page 5, line 10, after "Sec. 7." strike "This act takes" and insert "Section 2 of this act becomes effective with motor vehicle registration fees due or to become due January 1, 1996. Sections 1 and 3 through 6 of this act take"
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative K. Schmidt moved that the House concur in the Senate amendments to Engrossed Substitute House Bill No. 1209 and pass the bill as amended by the Senate.
Representatives K. Schmidt and R. Fisher spoke in favor of the motion and it was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1209 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1209 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 3, Excused - 4.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Pelesky, Pennington, Quall, Radcliff, Regala, Robertson, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 91.
Absent: Representatives Basich, Foreman and Reams - 3.
Excused: Representatives Benton, Fuhrman, Patterson and Poulsen - 4.
Engrossed Substitute House Bill No. 1209, as amended by the Senate, having received the constitutional majority, was declared passed.
The Speaker (Representative Horn presiding) declared the House to be at ease.
The Speaker (Representative Horn presiding) called the House to order.
MESSAGE FROM THE SENATE
April 21, 1995
Mr. Speaker:
The Senate insists on its position regarding the Senate amendments to ENGROSSED HOUSE BILL NO. 1461, and again asks the House to concur therein.
and the same is herewith transmitted.
Marty Brown, Secretary
MOTION
Representative K. Schmidt moved that the House adhere to its position on Engrossed House Bill No. 1461. The motion was carried.
MESSAGE FROM THE SENATE
April 21, 1995
Mr. Speaker:
The Senate insists on its position regarding the House amendments to SUBSTITUTE SENATE BILL NO. 5119, and again asks the House to recede therefrom.
and the same is herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Carlson moved that the House adhere to its position on Substitute Senate Bill No. 5119.
Representative Valle demanded an electronic roll call vote on the motion and the demand was sustained.
ROLL CALL
The Clerk called the roll on the motion to adhere to its position on Substitute Senate Bill No. 5119, and the motion was adopted by the following vote: Yeas - 61, Nays - 32, Absent - 1, Excused - 4.
Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Dyer, Elliot, Foreman, Goldsmith, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 61.
Voting nay: Representatives Appelwick, Brown, Chappell, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Grant, Hatfield, Jacobsen, Kessler, Kremen, Mason, Mastin, Ogden, Quall, Regala, Romero, Rust, Scott, Sheldon, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 32.
Absent: Representative Basich - 1.
Excused: Representatives Benton, Fuhrman, Patterson and Poulsen - 4.
I intended to vote NAY on the motion to adhere to its position on Substitute Senate Bill No. 5119.
BETTY SUE MORRIS, 18th District
MESSAGE FROM THE SENATE
April 21, 1995
Mr. Speaker:
The Senate insists on its position regarding the House amendments to SENATE BILL NO. 5655, and again asks the House to recede therefrom.
and the same is herewith transmitted.
Marty Brown, Secretary
MOTION
Representative K. Schmidt moved that the House insists on its position regarding the House amendments to Senate Bill No. 5655 and ask the Senate to recede therefrom. The motion was carried.
MESSAGE FROM THE SENATE
April 21, 1995
Mr. Speaker:
The Senate refuses to concur in the House amendments to ENGROSSED SUBSTITUTE SENATE BILL NO. 5244 and asks the House for a conference thereon. The President has appointed the following members as Conferees.
Senators Owen, Palmer and Fairley
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Cooke moved that the House grant the Senate request for a conference on Engrossed Substitute Senate Bill No. 5244. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker (Representative Horn presiding) appointed Representatives Boldt, Buck and Thibaudeau as Conferees on Engrossed Substitute Senate Bill No. 5244.
MESSAGE FROM THE SENATE
April 21, 1995
Mr. Speaker:
The Senate refuses to concur in the House amendments to SUBSTITUTE SENATE BILL NO. 5325 and asks the House for a conference thereon. The President has appointed the following members as Conferees:
Senators Bauer, Wood and Spanel
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Carlson moved that the House grant the Senate request for a conference on Substitute Senate Bill No. 5325. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker (Representative Horn presiding) appointed Representatives Carlson, Mulliken and Jacobsen as Conferees on Substitute Senate Bill No. 5325.
MESSAGE FROM THE SENATE
April 21, 1995
Mr. Speaker:
The Senate refuses to grant the request of the House for a conference on SENATE BILL NO. 5677, insists on its position regarding the House amendments) and again asks the House to recede therefrom.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Lisk moved that the House insists on its position regarding the House amendments to Senate Bill No. 5677 and ask the Senate to concur therein. The motion was carried.
The Speaker (Representative Horn presiding) declared the House to be at ease.
The Speaker (Representative Horn presiding) called the House to order.
MESSAGE FROM THE SENATE
April 21, 1995
Mr. Speaker:
The Senate refuses to grant the request of the House for a conference on SUBSTITUTE SENATE BILL NO. 5567, insists on its position regarding the House amendments and again asks the House to recede therefrom.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Mulliken moved that the House recede from its position and pass Substitute Senate Bill No. 5567 without the House amendments.
Representative Chopp spoke against the motion.
Representatives Mulliken and D. Schmidt spoke in favor of the motion and it was carried.
MOTION
On motion of Representative Talcott, Representative Foreman was excused.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5567 without the House amendments.
Representative Reams spoke in favor of passage of the bill.
Representative Rust spoke against passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5567 without the House amendments, and the bill passed the House by the following vote: Yeas - 70, Nays - 24, Absent - 0, Excused - 4.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Crouse, Delvin, Dyer, Elliot, Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 70.
Voting nay: Representatives Appelwick, Brown, Carlson, Chopp, Cody, Cole, Costa, Dellwo, Dickerson, Ebersole, Fisher, G., Fisher, R., Hatfield, Mason, Regala, Romero, Rust, Scott, Sommers, Thibaudeau, Tokuda, Valle, Veloria and Wolfe - 24.
Excused: Representatives Benton, Foreman, Fuhrman and Patterson - 4.
Substitute Senate Bill No. 5567, without the House amendments, having received the constitutional majority, was declared passed.
The Speaker (Representative Horn presiding) declared the House to be at ease.
The Speaker called the House to order.
The Speaker called on Representative Horn to preside.
MOTION FOR RECONSIDERATION
Representative K. Schmidt: Having voted on the prevailing side moved that the House immediately reconsider Senate Bill No. 5655. The motion was carried.
MOTION
On motion of Representative K. Schmidt, the rules were suspended, and Senate Bill No. 5655 was returned to second reading for the purpose of an amendment.
SECOND READING
SENATE BILL NO. 5655, by Senators Rasmussen and Sellar
Revising state freight rail service programs.
The bill was read the second time.
Representative K. Schmidt moved adoption of the following amendment by Representative K. Schmidt:
On page 5, line 12, after "state" insert "freight"
On page 5, line 13, strike "development" and insert "advisory"
On page 7, following line 13, insert a new subsection to read as follows:
"(11) Moneys distributed under this chapter should be provided as loans wherever practicable. For improvements on or to privately owned railroads, railroad property, or other private property, moneys distributed shall be provided solely as loans."
On page 9, line 20, after "rail." insert "The purpose of this committee will be to provide policy direction and program oversight."
Representatives K. Schmidt and R. Fisher spoke in favor of the adoption of the amendment.
Representative K. Schmidt again spoke in favor of passage of the bill.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative K. Schmidt spoke in favor of passage of the bill.
FINAL PASSAGE OF SENATE BILL AS HOUSE AMENDED
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 5655 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5655 as amended by the House, and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 1, Excused - 6.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Pelesky, Pennington, Poulsen, Radcliff, Reams, Regala, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 91.
Absent: Representative Quall - 1.
Excused: Representatives Benton, Delvin, Foreman, Fuhrman, Patterson and Robertson - 6.
Senate Bill No. 5655, as amended by the House, having received the constitutional majority, was declared passed.
There being no objection, the Committee on Trade & Economic Development Committee was further relieved of Substitute Senate Joint Memorial No. 8008 and Substitute Senate Joint Memorial No. 8008 took its place on second reading.
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8008, by Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Wojahn, Sellar, Snyder, Newhouse, Gaspard, Fairley, Swecker, Deccio, Palmer, Drew, McDonald, Oke, Sutherland and Schow)
Requesting the United States to advocate for the admission of Taiwan to the United Nations.
The memorial was read the second time.
Representative Van Luven moved adoption of the following amendment by Representative Van Luven:
On page 1, line 9, after "Taiwan" strike ", the Republic of China"
On page 1, line 11, after "Taiwan" strike ", the Republic of China,"
On page 1, line 16, after "Taiwan" strike ", the Republic of China"
On page 2, line 5, after "Taiwan" strike ", the Republic of China,"
On page 2, line 11, after "Taiwan" strike ", the Republic of China,"
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the memorial was placed on final passage.
Representatives Van Luven, Ebersole, Chandler and Sheldon spoke in favor of passage of the memorial.
MOTION
On motion of Representative Chopp, Representative Brown was excused.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Joint Memorial No. 8008 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Joint Memorial No. 8008 as amended by the House, and the memorial passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 91.
Excused: Representatives Benton, Brown, Delvin, Foreman, Fuhrman, Patterson and Robertson - 7.
Substitute Senate Joint Memorial No. 8008, as amended by the House, having received the constitutional majority, was declared passed.
There being no objection, the rules were suspended, and the Conference Committee on Engrossed Senate Bill No. 5011 was considered.
REPORT OF CONFERENCE COMMITTEE
Includes "new item": YES
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred ENGROSSED SENATE BILL NO. 5011, AN ACT Relating to forest products, have had the same under consideration and we recommend that:
The House Natural Resources Committee amendment not be adopted, and the striking amendment by the Conference Committee (attached 5011.E AMC CONF H3156.1) be adopted;
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 76.48.020 and 1992 c 184 s 1 are each amended to read as follows:
Unless otherwise required by the context, as used in this chapter:
(1) "Christmas trees" ((shall)) means any evergreen trees or the top thereof, commonly known as Christmas trees, with limbs and branches, with or without roots, including fir, pine, spruce, cedar, and other coniferous species.
(2) "Native ornamental trees and shrubs" ((shall)) means any trees or shrubs which are not nursery grown and which have been removed from the ground with the roots intact.
(3) "Cut or picked evergreen foliage," commonly known as brush, ((shall)) means evergreen boughs, huckleberry, salal, fern, Oregon grape, rhododendron, mosses, bear grass, scotch broom (Cytisus scoparius) and other cut or picked evergreen products. "Cut or picked evergreen foliage" does not mean cones or seeds.
(4) "Cedar products" ((shall)) means cedar shakeboards, shake and shingle bolts, and rounds one to three feet in length.
(5) "Cedar salvage" ((shall)) means cedar chunks, slabs, stumps, and logs having a volume greater than one cubic foot and being harvested or transported from areas not associated with the concurrent logging of timber stands (a) under a forest practices application approved or notification received by the department of natural resources, or (b) under a contract or permit issued by an agency of the United States government.
(6) "Processed cedar products" ((shall)) means cedar shakes, shingles, fence posts, hop poles, pickets, stakes, ((or)) rails((;)), or rounds less than one foot in length.
(7) "Cedar processor" ((shall)) means any person who purchases ((and/or)), takes, or retains possession of cedar products or cedar salvage((,)) for later sale in the same or modified form((,)) following ((their)) removal and delivery from the land where harvested.
(8) "Cascara bark" ((shall)) means the bark of a Cascara tree.
(9) "Wild edible mushrooms" means edible mushrooms not cultivated or propagated by artificial means.
(10) "Specialized forest products" ((shall)) means Christmas trees, native ornamental trees and shrubs, cut or picked evergreen foliage, cedar products, cedar salvage, processed cedar products, wild edible mushrooms, and Cascara bark.
(11) "Person" ((shall)) includes the plural and all corporations, foreign or domestic, copartnerships, firms, and associations of persons.
(12) "Harvest" ((shall)) means to separate, by cutting, prying, picking, peeling, breaking, pulling, splitting, or otherwise removing, a specialized forest product (a) from its physical connection ((with)) or contact with the land or vegetation upon which it ((was or has been)) is or was growing((,)) or (b) from the position in which it ((has been)) is lying upon ((such)) the land.
(13) "Transportation" means the physical conveyance of specialized forest products outside or off of a harvest site((, including but not limited to conveyance by a motorized vehicle designed for use on improved roadways, or by vessel, barge, raft, or other waterborne conveyance. "Transportation" also means any conveyance of specialized forest products by helicopter)) by any means.
(14) "Landowner" means, with regard to ((any)) real property, the private owner ((thereof)), the state of Washington or any political subdivision ((thereof)), the federal government, or ((any)) a person who by deed, contract, or lease has authority to harvest and sell forest products of the property. "Landowner" does not include the purchaser or successful high bidder at ((any)) a public or private timber sale.
(15) "Authorization" means a properly completed preprinted form authorizing the transportation or possession of Christmas trees((,)) which ((form)) contains the information required by RCW 76.48.080, ((and)) a sample of which is filed before the harvesting occurs with the sheriff of the county in which the harvesting is to occur.
(16) "Harvest site" means each location where one or more persons are engaged in harvesting specialized forest products close enough to each other that communication can be conducted with an investigating law enforcement officer in a normal conversational tone.
(17) "Specialized forest products permit" ((shall)) means a printed document in a form specified by the department of natural resources, or true copy thereof, that is signed by a landowner or his ((duly)) or her authorized agent or representative (((herein)), referred to in this chapter as "permittors"((),)) and validated by the county sheriff((, authorizing)) and authorizes a designated person (((herein)), referred to in this chapter as "permittee"(())), who ((shall)) has also ((have)) signed the permit, to harvest ((and/or)) and transport a designated specialized forest product from land owned or controlled and specified by the permittor((,)) and that is located in the county where ((such)) the permit is issued.
(18) "Sheriff" means, for the purpose of validating specialized forest products permits, the county sheriff, deputy sheriff, or an authorized employee of the sheriff's office or an agent of the office.
(19) "True copy" means a replica of a validated specialized forest products permit as reproduced by a copy machine capable of effectively reproducing the information contained on the permittee's copy of the specialized forest products permit. A copy is made true by the permittee or the permittee and permittor signing in the space provided on the face of the copy. A true copy will be effective until the expiration date of the specialized forest products permit unless the permittee or the permittee and permittor specify an earlier date. A permittor may require the actual signatures of both the permittee and permittor for execution of a true copy by so indicating in the space provided on the original copy of the specialized forest products permit. A permittee, or, if so indicated, the permittee and permittor, may condition the use of the true copy to harvesting only, transportation only, possession only, or any combination thereof.
(20) "Permit area" means a designated tract of land that may contain single or multiple harvest sites.
Sec. 2. RCW 76.48.030 and 1979 ex.s. c 94 s 2 are each amended to read as follows:
It ((shall be)) is unlawful for any person to:
(1) Harvest specialized forest products as described in RCW 76.48.020, in the quantities specified in RCW 76.48.060, without first obtaining a validated specialized forest products permit;
(2) Engage in activities or phases of harvesting specialized forest products not authorized by the permit; or
(3) Harvest specialized forest products in any lesser quantities than those specified in RCW 76.48.060, as now or hereafter amended, without first obtaining permission from the landowner or his or her duly authorized agent or representative.
Sec. 3. RCW 76.48.040 and 1994 c 264 s 51 are each amended to read as follows:
Agencies charged with the enforcement of this chapter shall include, but not be limited to, the Washington state patrol, county sheriffs and their deputies, county or municipal police forces, authorized personnel of the United States forest service, and authorized personnel of the departments of natural resources and fish and wildlife. Primary enforcement responsibility lies in the county sheriffs and their deputies. The legislature encourages county sheriffs' offices to enter into interlocal agreements with these other agencies in order to receive additional assistance with their enforcement responsibilities.
Sec. 4. RCW 76.48.050 and 1979 ex.s. c 94 s 4 are each amended to read as follows:
Specialized forest products permits shall consist of properly completed permit forms validated by the sheriff of the county in which the specialized forest products are to be harvested. Each permit shall be separately numbered and the permits shall be issued by consecutive numbers. All specialized forest products permits shall expire at the end of the calendar year in which issued, or sooner, at the discretion of the permittor. A properly completed specialized forest products permit form shall include:
(1) The date of its execution and expiration;
(2) The name, address, telephone number, if any, and signature of the permittor;
(3) The name, address, telephone number, if any, and signature of the permittee;
(4) The type of specialized forest products to be harvested or transported;
(5) The approximate amount or volume of specialized forest products to be harvested or transported;
(6) The legal description of the property from which the specialized forest products are to be harvested or transported, including the name of the county, or the state or province if outside the state of Washington;
(7) A description by local landmarks of where the harvesting is to occur, or from where the specialized forest products are to be transported;
(8) The number from some type of valid picture identification; and
(9) Any other condition or limitation which the permittor may specify.
Except for the harvesting of Christmas trees, the permit or true copy thereof must be carried by the permittee and available for inspection at all times. For the harvesting of Christmas trees only a single permit or true copy thereof is necessary to be available at the harvest site.
Sec. 5. RCW 76.48.060 and 1992 c 184 s 2 are each amended to read as follows:
A specialized forest products permit validated by the county sheriff shall be obtained by ((any)) a person prior to harvesting from any lands, including his or her own, more than five Christmas trees, more than five native ornamental trees or shrubs, more than five pounds of cut or picked evergreen foliage, any cedar products, cedar salvage, processed cedar products, or more than five pounds of Cascara bark, or more than three United States gallons of a single species of wild edible mushroom and ((not)) more than an aggregate total of nine United States gallons of wild edible mushrooms, plus one wild edible mushroom. Specialized forest products permit forms shall be provided by the department of natural resources, and shall be made available through the office of the county sheriff to permittees or permittors in reasonable quantities. A permit form shall be completed in triplicate for each permittor's property on which a permittee harvests specialized forest products. A properly completed permit form shall be mailed or presented for validation to the sheriff of the county in which the specialized forest products are to be harvested. Before a permit form is validated by the sheriff, sufficient personal identification may be required to reasonably identify the person mailing or presenting the permit form and the sheriff may conduct ((such)) other investigations as deemed necessary to determine the validity of the information alleged on the form. When the sheriff is reasonably satisfied as to the truth of ((such)) the information, the form shall be validated with the sheriff's validation stamp ((provided by the department of natural resources)). Upon validation, the form shall become the specialized forest products permit authorizing the harvesting, possession ((and/or)), or transportation of specialized forest products, subject to any other conditions or limitations which the permittor may specify. Two copies of the permit shall be given or mailed to the permittor, or one copy shall be given or mailed to the permittor and the other copy given or mailed to the permittee. The original permit shall be retained in the office of the county sheriff validating the permit. In the event a single land ownership is situated in two or more counties, a specialized forest product permit shall be completed as to the land situated in each county. While engaged in harvesting of specialized forest products, permittees, or their agents or employees, must have readily available at each harvest site a valid permit or true copy of the permit.
Sec. 6. RCW 76.48.070 and 1992 c 184 s 3 are each amended to read as follows:
(1) Except as provided in RCW 76.48.100 and 76.48.075, it ((shall be)) is unlawful for any person (a) to possess, ((and/or)) (b) to transport, or (c) to possess and transport within the state of Washington, subject to any other conditions or limitations specified in the specialized forest products permit by the permittor, more than five Christmas trees, more than five native ornamental trees or shrubs, more than five pounds of cut or picked evergreen foliage, any processed cedar products, or more than five pounds of Cascara bark, or more than three gallons of a single species of wild edible mushrooms and ((not)) more than an aggregate total of nine gallons of wild edible mushrooms, plus one wild edible mushroom without having in his or her possession a written authorization, sales invoice, bill of lading, or specialized forest products permit or a true copy thereof evidencing his or her title to or authority to have possession of specialized forest products being so possessed or transported.
(2) It ((shall be)) is unlawful for any person either (a) to possess ((and/or)), (b) to transport, or (c) to possess and transport within the state of Washington any cedar products or cedar salvage without having in his or her possession a specialized forest products permit or a true copy thereof evidencing his or her title to or authority to have possession of the materials being so possessed or transported.
Sec. 7. RCW 76.48.075 and 1979 ex.s. c 94 s 15 are each amended to read as follows:
(1) It is unlawful for any person to transport or cause to be transported into this state from any other state or province specialized forest products, except those harvested from that person's own property, without: (a) First acquiring and having readily available for inspection a document indicating the true origin of the specialized forest products as being outside the state, or (b) without acquiring a specialized forest products permit as provided in subsection (4) of this section.
(2) Any person transporting or causing to be transported specialized forest products into this state from any other state or province shall, upon request of any person to whom the specialized forest products are sold or delivered or upon request of any law enforcement officer, prepare and sign a statement indicating the true origin of the specialized forest products, the date of delivery, and the license number of the vehicle making delivery, and shall leave the statement with the person making the request.
(3) It is unlawful for any person to possess specialized forest products, transported into this state, with knowledge that the products were introduced into this state in violation of this chapter.
(4) When any person transporting or causing to be transported into this state specialized forest products elects to acquire a specialized forest products permit, the specialized forest products transported into this state shall be deemed to be harvested in the county of entry, and the sheriff of that county may validate the permit as if the products were so harvested, except that the permit shall also indicate the actual harvest site outside the state.
(5) A cedar processor shall comply with RCW 76.48.096 by requiring a person transporting specialized forest products into this state from any other state or province to display a specialized forest products permit, or true copy thereof, or other document indicating the true origin of the specialized forest products as being outside the state. The cedar processor shall make and maintain a record of the purchase, taking possession, or retention of cedar products and cedar salvage in compliance with RCW 76.48.094.
(6) If, ((pursuant to)) under official inquiry, investigation, or other authorized proceeding regarding specialized forest products not covered by a valid specialized forest products permit or other acceptable document, the inspecting law enforcement officer has probable cause to believe that the specialized forest products were harvested in this state or wrongfully obtained in another state or province, the officer may take into custody and detain, for a reasonable time, the specialized forest products, all supporting documents, invoices, and bills of lading, and the vehicle in which the products were transported until the true origin of the specialized forest products can be determined.
Sec. 8. RCW 76.48.096 and 1979 ex.s. c 94 s 10 are each amended to read as follows:
It ((shall be)) is unlawful for any cedar processor to purchase, take possession, or retain cedar products or cedar salvage subsequent to the harvesting and prior to the retail sale of ((such)) the products, unless the supplier thereof displays a specialized forest products permit, or true copy thereof((, which)) that appears to be valid, or obtains the information ((pursuant to)) under RCW 76.48.075(5).
Sec. 9. RCW 76.48.098 and 1979 ex.s. c 94 s 11 are each amended to read as follows:
Every cedar processor shall prominently display a valid registration certificate, or copy thereof, obtained from the department of revenue ((pursuant to)) under RCW 82.32.030 at each location where ((such)) the processor receives cedar products or cedar salvage.
Permittees shall sell cedar products or cedar salvage only to cedar processors displaying registration certificates which appear to be valid.
Sec. 10. RCW 76.48.100 and 1979 ex.s. c 94 s 12 are each amended to read as follows:
The provisions of this chapter ((shall)) do not apply to:
(1) Nursery grown products.
(2) Logs (except as included in the definition of "cedar salvage" under RCW 76.48.020), poles, pilings, or other major forest products from which substantially all of the limbs and branches have been removed, and cedar salvage when harvested concurrently with timber stands (a) under an approved forest practices application or notification, or (b) under a contract or permit issued by an agency of the United States government.
(3) The activities of a landowner, his or her agent, or representative, or of a lessee of land in carrying on noncommercial property management, maintenance, or improvements on or in connection with the land of ((such)) the landowner or lessee.
Sec. 11. RCW 76.48.110 and 1979 ex.s. c 94 s 13 are each amended to read as follows:
Whenever any law enforcement officer has probable cause to believe that a person is harvesting or is in possession of or transporting specialized forest products in violation of the provisions of this chapter, he or she may, at the time of making an arrest, seize and take possession of any ((such)) specialized forest products found. The law enforcement officer shall provide reasonable protection for the specialized forest products involved during the period of litigation or he or she shall dispose of ((such)) the specialized forest products at the discretion or order of the court before which the arrested person is ordered to appear.
Upon any disposition of the case by the court, the court shall make a reasonable effort to return the specialized forest products to ((their)) its rightful owner or pay the proceeds of any sale of specialized forest products less any reasonable expenses of ((such)) the sale to the rightful owner. If for any reason, the proceeds of ((such)) the sale cannot be disposed of to the rightful owner, ((such)) the proceeds, less the reasonable expenses of the sale, shall be paid to the treasurer of the county in which the violation occurred. The county treasurer shall deposit the same in the county general fund. The return of the specialized forest products or the payment of the proceeds of any sale of products seized to the owner shall not preclude the court from imposing any fine or penalty upon the violator for the violation of the provisions of this chapter.
Sec. 12. RCW 76.48.120 and 1979 ex.s. c 94 s 14 are each amended to read as follows:
It ((shall be)) is unlawful for any person, upon official inquiry, investigation, or other authorized proceedings, to offer as genuine any paper, document, or other instrument in writing purporting to be a specialized forest products permit, or true copy thereof, authorization, sales invoice, or bill of lading, or to make any representation of authority to possess or conduct harvesting or transporting of specialized forest products, knowing the same to be in any manner false, fraudulent, forged, or stolen.
Any person who knowingly or intentionally violates this section ((shall be)) is guilty of forgery, and shall be punished as a class C felony providing for imprisonment in a state correctional institution for a maximum term fixed by the court of not more than five years or by a fine of not more than five thousand dollars, or by both ((such)) imprisonment and fine.
Whenever any law enforcement officer reasonably suspects that a specialized forest products permit or true copy thereof, authorization, sales invoice, or bill of lading is forged, fraudulent, or stolen, it may be retained by the officer until its authenticity can be verified.
Sec. 13. RCW 76.48.130 and 1977 ex.s. c 147 s 10 are each amended to read as follows:
((Any)) A person who violates ((any)) a provision of this chapter, other than the provisions contained in RCW 76.48.120, as now or hereafter amended, ((shall be)) is guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for not to exceed one year or by both ((such)) a fine and imprisonment.
NEW SECTION. Sec. 14. A new section is added to chapter 76.48 RCW to read as follows:
Buyers who purchase specialized forest products are required to record (1) the permit number; (2) the type of forest product purchased; (3) the permit holder's name; and (4) the amount of forest product purchased. The buyer shall keep a record of this information for a period of one year from the date of purchase and make the records available for inspection by authorized enforcement officials.
The buyer of specialized forest products must record the license plate number of the vehicle transporting the forest products on the bill of sale, as well as the seller's permit number on the bill of sale. This section shall not apply to transactions involving Christmas trees.
The section shall not apply to buyers of specialized forest products at the retail sales level.
NEW SECTION. Sec. 15. A new section is added to chapter 76.48 RCW to read as follows:
County sheriffs may contract with other entities to serve as authorized agents to validate specialized forest product permits. These entities include the United States forest service, the bureau of land management, the department of natural resources, local police departments, and other entities as decided upon by the county sheriffs' departments. An entity that contracts with a county sheriff to serve as an authorized agent to validate specialized forest product permits may make reasonable efforts to verify the information provided on the permit form such as the section, township, and range of the area where harvesting is to occur.
NEW SECTION. Sec. 16. A new section is added to chapter 76.48 RCW to read as follows:
Records of buyers of specialized forest products collected under the requirements of section 14 of this act may be made available to colleges and universities for the purpose of research.
NEW SECTION. Sec. 17. A new section is added to chapter 76.48 RCW to read as follows:
Minority groups have long been participants in the specialized forest products industry. The legislature encourages agencies serving minority communities, community-based organizations, refugee centers, social service agencies, agencies and organizations with expertise in the specialized forest products industry, and other interested groups to work cooperatively to accomplish the following purposes:
(1) To provide assistance and make referrals on translation services and to assist in translating educational materials, laws, and rules regarding specialized forest products;
(2) To hold clinics to teach techniques for effective picking; and
(3) To work with both minority and nonminority permittees in order to protect resources and foster understanding between minority and nonminority permittees.
To the extent practicable within their existing resources, the commission on Asian-American affairs, the commission on Hispanic affairs, and the department of natural resources are encouraged to coordinate this effort.
NEW SECTION. Sec. 18. RCW 76.48.092 and 1979 ex.s. c 94 s 8 & 1977 ex.s. c 147 s 14 are each repealed.
NEW SECTION. Sec. 19. 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 "products;" strike the remainder of the title and insert "amending RCW 76.48.020, 76.48.030, 76.48.040, 76.48.050, 76.48.060, 76.48.070, 76.48.075, 76.48.096, 76.48.098, 76.48.100, 76.48.110, 76.48.120, and 76.48.130; adding new sections to chapter 76.48 RCW; and repealing RCW 76.48.092."
and that the bill do pass as amended by the Conference Committee.
Signed by Senators Owen, Strannigan, Drew and Representatives Buck, Beeksma and Sheldon
MOTION
Representative Buck moved that the House adopt the Report of the Conference Committee on Engrossed Senate Bill No. 5011 and pass the bill as recommended by the Conference Committee.
Representative Buck spoke in favor of the motion and it was carried.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
MOTION
On motion of Representative Brown, Representative Valle was excused.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Senate Bill No. 5011 as recommended by the Conference Committee.
Representative Sheldon spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5011 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 82, Nays - 8, Absent - 1, Excused - 7.
Voting yea: Representatives Appelwick, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Dellwo, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, Mielke, Mitchell, Morris, Mulliken, Ogden, Pelesky, Poulsen, Quall, Reams, Regala, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wolfe and Mr. Speaker - 82.
Voting nay: Representatives Backlund, Beeksma, Crouse, Goldsmith, McMorris, Pennington, Sherstad and Sterk - 8.
Absent: Representative Radcliff - 1.
Excused: Representatives Benton, Delvin, Foreman, Fuhrman, Patterson, Robertson and Valle - 7.
Engrossed Senate Bill No. 5011, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
CONFERENCE COMMITTEE REPORT
Includes "new item": NO
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred SUBSTITUTE SENATE BILL NO. 5365, revising the uniform disciplinary act, have had the same under consideration and we recommend that: the House Committee on Health Care amendment be adopted with the following change:
On page 14, beginning on line 21, after "standards", strike everything through "act" on line 23
On page 14, beginning on line 33, strike all of section 11
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Quigley, Fairley, Deccio; Representatives Dyer, Cody, Backlund
MOTION
Representative Dyer moved that the House adopt the Report of the Conference Committee on Substitute Senate Bill No. 5365 and pass the bill as recommended by the Conference Committee. The motion was carried.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5365 as recommended by the Conference Committee.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5365 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wolfe and Mr. Speaker - 91.
Excused: Representatives Benton, Delvin, Foreman, Fuhrman, Patterson, Robertson and Valle - 7.
Substitute Senate Bill No. 5365, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
REPORT OF CONFERENCE COMMITTEE
Includes "new item": NO
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred SENATE BILL NO. 5434, amending licensing requirements of general agents, have had the same under consideration and we recommend:
that the bill do pass without the amendment adopted by the House.
Signed by Senators Prentice, Fraser, Hale; Representatives L. Thomas, Smith, Wolfe.
MOTION
Representative L. Thomas moved that the House adopt the Report of the Conference Committee on Senate Bill No. 5434 and pass the bill as recommended by the Conference Committee.
Representative L. Thomas spoke in favor of the motion and it was carried.
FINAL PASSAGE OF SENATE BILL AS
RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 5434 as recommended by the Conference Committee.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5434 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wolfe and Mr. Speaker - 91.
Excused: Representatives Benton, Delvin, Foreman, Fuhrman, Patterson, Robertson and Valle - 7.
Senate Bill No. 5434, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
There being no objection, the House considered the following bills in the following order: Engrossed Second Substitute House Bill No. 1941 and Engrossed Substitute House Bill No. 1821.
MESSAGE FROM THE SENATE
April 22, 1995
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1941, and passed the bill as recommended by the Conference Committee.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
REPORT OF CONFERENCE COMMITTEE
Includes "NEW ITEM": YES
Improving student learning by focusing on reading literacy.
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1941, Reading literacy, have had the same under consideration and we recommend that:
The Senate amendments by Senators Johnson and McAuliffe adopted on April 13, 1995, not be adopted; and
That the Conference Committee striking amendments (S-3401.1) be adopted,
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the ability to read with comprehension and skill is essential for success in school, and for success in future life. As we enter into the twenty-first century, the ability to read is critical to personal and family prosperity.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.630 RCW to read as follows:
(1) The elementary grades assessment developed by the commission on student learning under RCW 28A.630.885(3)(b)(i) shall require that all public school students are assessed for reading literacy skills in the third grade no later than March 31st.
(2) The reading assessment in subsection (1) of this section shall be available for use by elementary schools no later than the 1996-97 school year. Elementary schools are encouraged to begin implementation of the assessment in the 1996-97 and 1997-98 school years.
(3) Notwithstanding the assessment implementation dates in RCW 28A.630.885, the reading assessment in subsection (1) of this section shall be implemented state-wide to all public school third-grade students in the 1998-99 school year.
(4) The information provided by the reading assessment shall be used by educators as a tool to evaluate instructional practices and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements for reading. The type of support to be provided to students shall be determined by school districts. School districts shall periodically reassess students who have not mastered the essential academic learning requirements for reading, and shall continue to provide appropriate reading support for students who have not mastered these essential academic learning requirements. The results of the reading assessment shall not be used for school or school district accountability purposes."
On page 1, line 1 of the title, after "literacy;" strike the remainder of the title and insert "adding a new section to chapter 28A.630 RCW; and creating a new section."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators McAuliffe, Johnson, Pelz; Representatives Brumsickle, Johnson, Cole.
MOTION
Representative Brumsickle moved that the House adopt the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 1941 and pass the bill as recommended by the Conference Committee.
Representatives Brumsickle, Cole and Johnson spoke in favor of the motion and it was carried.
FINAL PASSAGE OF HOUSE BILL AS
RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1941 as recommended by the Conference Committee.
Representative Brumsickle spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1941 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wolfe and Mr. Speaker - 91.
Excused: Representatives Benton, Delvin, Foreman, Fuhrman, Patterson, Robertson and Valle - 7.
Engrossed Second Substitute House Bill No. 1941, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 22, 1995
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1821, and passed the bill as recommended by the Conference Committee.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
REPORT OF CONFERENCE COMMITTEE
ESHB 1821 ENGROSSED SUBSTITUTE HOUSE BILL NO. 1821
Includes "NEW ITEM": YES
Modifying unemployment compensation for persons employed under public employment contracts.
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1821, Unemployment comp disqualify, have had the same under consideration and we recommend that:
The Senate Committee on Labor, Commerce and Trade amendments adopted on April 5, 1995, not be adopted; and
That the Conference Committee striking amendments (H-3145.1) be adopted,
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 50.04.320 and 1986 c 21 s 1 are each amended to read as follows:
(1) For the purpose of payment of contributions, "wages" means the remuneration paid by one employer during any calendar year to an individual in its employment under this title or the unemployment compensation law of any other state in the amount specified in RCW 50.24.010. If an employer (hereinafter referred to as a successor employer) during any calendar year acquires substantially all the operating assets of another employer (hereinafter referred to as a predecessor employer) or assets used in a separate unit of a trade or business of a predecessor employer, and immediately after the acquisition employs in the individual's trade or business an individual who immediately before the acquisition was employed in the trade or business of the predecessor employer, then, for the purposes of determining the amount of remuneration paid by the successor employer to the individual during the calendar year which is subject to contributions, any remuneration paid to the individual by the predecessor employer during that calendar year and before the acquisition shall be considered as having been paid by the successor employer.
(2) For the purpose of payment of benefits, "wages" means the remuneration paid by one or more employers to an individual for employment under this title during his base year: PROVIDED, That at the request of a claimant, wages may be calculated on the basis of remuneration payable. The department shall notify each claimant that wages are calculated on the basis of remuneration paid, but at the claimant's request a redetermination may be performed and based on remuneration payable.
(3) For the purpose of payment of benefits and payment of contributions, the term "wages" includes tips which are received after January 1, 1987, while performing services which constitute employment, and which are reported to the employer for federal income tax purposes.
(4)(a) "Remuneration" means all compensation paid for personal services including commissions and bonuses and the cash value of all compensation paid in any medium other than cash. The reasonable cash value of compensation paid in any medium other than cash and the reasonable value of gratuities shall be estimated and determined in accordance with rules prescribed by the commissioner. Remuneration does not include payments to members of a reserve component of the armed forces of the United States, including the organized militia of the state of Washington, for the performance of duty for periods not exceeding seventy-two hours at a time.
(b) Previously accrued compensation, other than severance pay or payments received pursuant to plant closure agreements, when assigned to a specific period of time by virtue of a collective bargaining agreement, individual employment contract, customary trade practice, or request of the individual compensated, shall be considered remuneration for the period to which it is assigned. Assignment clearly occurs when the compensation serves to make the individual eligible for all regular fringe benefits for the period to which the compensation is assigned.
(c) Settlements or other proceeds received by an individual as a result of a negotiated settlement for termination of an employment contract with a public agency prior to its expiration date shall be considered remuneration. The proceeds shall be deemed assigned in the same intervals and in the same amount for each interval as compensation was allocated under the contract.
(d) Except as provided in (c) of this subsection, the provisions of this ((section)) subsection (4) pertaining to the assignment of previously accrued compensation shall not apply to individuals subject to RCW 50.44.050.
Sec. 2. RCW 50.44.050 and 1990 c 33 s 587 are each amended to read as follows:
Except as otherwise provided in subsections (1) through (4) of this section, benefits based on services in employment covered by or pursuant to this chapter shall be payable on the same terms and subject to the same conditions as compensation payable on the basis of other service subject to this title.
(1) Benefits based on service in an instructional, research or principal administrative capacity for an educational institution shall not be paid to an individual for any week of unemployment which commences during the period between two successive academic years or between two successive academic terms within an academic year (or, when an agreement provides instead for a similar period between two regular but not successive terms within an academic year, during such period) if such individual performs such services in the first of such academic years or terms and if there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms. Any employee of a common school district who is presumed to be reemployed pursuant to RCW 28A.405.210 shall be deemed to have a contract for the ensuing term.
(2) Benefits shall not be paid based on services in any other capacity for an educational institution for any week of unemployment which commences during the period between two successive academic years or between two successive academic terms within an academic year, if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms: PROVIDED, That if benefits are denied to any individual under this subsection and that individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, the individual is entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subsection.
(3) Benefits shall not be paid based on any services described in subsections (1) and (2) of this section for any week of unemployment which commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess, and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.
(4) Benefits shall not be paid (as specified in subsections (1), (2), or (3) of this section) based on any services described in subsections (1) or (2) of this section to any individual who performed such services in an educational institution while in the employ of an educational service district which is established pursuant to chapter 28A.310 RCW and exists to provide services to local school districts.
(5) As used in subsection (1) of this section, "academic year" means, with respect to services described in subsection (1) of this section performed by part-time faculty at community colleges and technical colleges: Fall, winter, spring, and summer quarters or comparable semesters unless, based upon objective criteria including enrollment and staffing, the quarter or comparable semester is not in fact a part of the academic year for the particular institution.
Sec. 3. RCW 50.44.053 and 1985 ex.s. c 5 s 9 are each amended to read as follows:
The term "reasonable assurance," as used in RCW 50.44.050, means a written, verbal, or implied agreement that the employee will perform services in the same capacity during the ensuing academic year or term as in the first academic year or term. However, with respect to services described in RCW 50.44.050(1) performed by part-time faculty for community colleges and technical colleges, the term "reasonable assurance" does not include an agreement that is contingent on enrollment, funding, or program changes. A person shall not be deemed to be performing services "in the same capacity" unless those services are rendered under the same terms or conditions of employment in the ensuing year as in the first academic year or term.
NEW SECTION. Sec. 4. The legislature finds that, as a general rule with limited exceptions, employees of educational institutions expect to be employed for no more than a nine or ten-month school year with a break between school years for the traditional summer vacation.
Because of the decision in Evans v. Employment Security Department, 72 Wn. App. 862 (1994), the legislature finds it necessary to clarify legislative intent with regard to unemployment compensation for employees of educational institutions. The 1995 c . . . s 2 (section 2 of this act) amendment to RCW 50.44.050 is intended to clarify that for the part-time faculty at two-year institutions of higher education, summer quarter may be expected to be a time of employment, unless otherwise shown. However, the 1995 c . . . s 2 (section 2 of this act) amendment to RCW 50.44.050 is not intended to change the general rules used by the employment security department prior to the Evans decision regarding unemployment compensation for other employees of educational institutions.
NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 6. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.
NEW SECTION. Sec. 7. 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."
On page 1, line 2 of the title, after "contracts;" strike the remainder of the title and insert "amending RCW 50.04.320, 50.44.050, and 50.44.053; creating new sections; and declaring an emergency."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Pelz, Newhouse, Kohl; Representatives Lisk, Carlson, Kessler.
MOTION
Representative Lisk moved that the House adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1821 and pass the bill as recommended by the Conference Committee.
Representatives Lisk, Mastin, Carlson and Jacobsen spoke in favor of the motion and it was carried.
Representative Lisk yielded to a question by Representative Dyer.
Representative Dyer: Representative Lisk, on page 4 of the bill it's unclear to me what's going to happen on the services described under RCW 50.44.050, subsection 1 performed by part time faculty, could you explain that for me please?
Representative Lisk: No.
FINAL PASSAGE OF HOUSE BILL AS
RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1821 as recommended by the Conference Committee.
Representatives Lisk, Kessler and Brown 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. 1821 as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Dickerson, Dyer, Ebersole, Elliot, Fisher, G., Fisher, R., Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Stevens, Talcott, Thibaudeau, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wolfe and Mr. Speaker - 91.
Excused: Representatives Benton, Delvin, Foreman, Fuhrman, Patterson, Robertson and Valle - 7.
Engrossed Substitute House Bill No. 1821, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
MESSAGES FROM THE SENATE
April 22, 1995
Mr. Speaker:
The President has signed:
SECOND SUBSTITUTE SENATE BILL NO. 5003,
SUBSTITUTE SENATE BILL NO. 5092,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5121,
SUBSTITUTE SENATE BILL NO. 5155,
SECOND SUBSTITUTE SENATE BILL NO. 5157,
SUBSTITUTE SENATE BILL NO. 5162,
SUBSTITUTE SENATE BILL NO. 5315,
SUBSTITUTE SENATE BILL NO. 5374,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5386,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5597,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5616,
and the same are herewith transmitted.
Marty Brown, Secretary
April 22, 1995
Mr. Speaker:
The Senate receded from its amendments to ENGROSSED HOUSE BILL NO. 1770 and passed the bill without said amendments.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 22, 1995
Mr. Speaker:
The Senate receded from its amendments to ENGROSSED HOUSE BILL NO. 2057 and passed the bill without said amendments.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 22, 1995
Mr. Speaker:
The Senate receded from its amendments to HOUSE BILL NO. 1225, and passed the bill without said amendments:
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 22, 1995
Mr. Speaker:
The Senate receded from its amendments to HOUSE BILL NO. 1725, and passed the bill without said amendments.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 21, 1995
Mr. Speaker:
The Senate has concurred in the House amendments to the following bills and passed the bills as amended by the House:
SUBSTITUTE SENATE BILL NO. 5092,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5121,
SECOND SUBSTITUTE SENATE BILL NO. 5157,
SUBSTITUTE SENATE BILL NO. 5162,
SUBSTITUTE SENATE BILL NO. 5315,
SUBSTITUTE SENATE BILL NO. 5374,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5386,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5597,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5616,
and the same are herewith transmitted.
Marty Brown, Secretary
April 22, 1995
Mr. Speaker:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 1144,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1165,
SUBSTITUTE HOUSE BILL NO. 1270,
SUBSTITUTE HOUSE BILL NO. 1273,
ENGROSSED HOUSE BILL NO. 1305,
SUBSTITUTE HOUSE BILL NO. 1387,
SUBSTITUTE HOUSE BILL NO. 1398,
SUBSTITUTE HOUSE BILL NO. 1497,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1611,
SUBSTITUTE HOUSE BILL NO. 1673,
SUBSTITUTE HOUSE BILL NO. 1700,
SUBSTITUTE HOUSE BILL NO. 1722,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1730,
SUBSTITUTE HOUSE BILL NO. 1809,
ENGROSSED HOUSE BILL NO. 2033,
and the same are herewith transmitted.
Marty Brown, Secretary
April 22, 1995
Mr. Speaker:
The Senate refuses to concur in the House amendments to ENGROSSED SUBSTITUTE SENATE BILL NO. 5466 and asks the House to recede therefrom.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
On motion of Representative Sheahan, the rules were suspended, and Engrossed Substitute Senate Bill No. 5466 was returned to second reading for the purpose of an amendment. The motion was carried.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5466, by Senate Committee on Law & Justice (originally sponsored by Senators Smith, Oke, Heavey, Winsley and Franklin)
Protecting children from sexually explicit films, publications, and devices.
The bill was read the second time.
Representative McMahan moved adoption of the following amendment by Representative McMahan:
On page 3, line 1, after "(b)" strike "Where it" and insert "It"
On page 3, beginning on line 2, after "subsection" strike all matter through "only'" on line 3
Representatives McMahan and Chappell spoke in favor of the adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
MOTIONS
On motion of Representative Brown, Representative Ogden was excused.
On motion of Representative Talcott, Representative Stevens was excused.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 5466 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5466 as amended by the House, and the bill passed the House by the following vote: Yeas - 71, Nays - 18, Absent - 0, Excused - 9.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Crouse, Dyer, Ebersole, Elliot, Fisher, G., Goldsmith, Grant, Hankins, Hargrove, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Pelesky, Pennington, Quall, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Sterk, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 71.
Voting nay: Representatives Brown, Chopp, Cody, Cole, Costa, Dellwo, Dickerson, Fisher, R., Hatfield, Mason, Poulsen, Regala, Romero, Rust, Thibaudeau, Tokuda, Veloria and Wolfe - 18.
Excused: Representatives Benton, Delvin, Foreman, Fuhrman, Ogden, Patterson, Robertson, Stevens and Valle - 9.
Engrossed Substitute Senate Bill No. 5466, as amended by the House, having received the constitutional majority, was declared passed.
The Speaker assumed the chair.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE HOUSE BILL NO. 1140,
SUBSTITUTE HOUSE BILL NO. 1152,
SUBSTITUTE HOUSE BILL NO. 1205,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1298,
SUBSTITUTE HOUSE BILL NO. 1401,
SUBSTITUTE HOUSE BILL NO. 1547,
SUBSTITUTE HOUSE BILL NO. 1658,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1810,
SUBSTITUTE HOUSE BILL NO. 1865,
ENGROSSED HOUSE BILL NO. 1889,
SUBSTITUTE HOUSE BILL NO. 1906,
SUBSTITUTE HOUSE BILL NO. 1995,
ENGROSSED HOUSE BILL NO. 2005,
SUBSTITUTE HOUSE BILL NO. 2058,
SECOND SUBSTITUTE SENATE BILL NO. 5003,
SUBSTITUTE SENATE BILL NO. 5092,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5121,
SUBSTITUTE SENATE BILL NO. 5155,
SECOND SUBSTITUTE SENATE BILL NO. 5157,
SUBSTITUTE SENATE BILL NO. 5162,
SUBSTITUTE SENATE BILL NO. 5315,
SUBSTITUTE SENATE BILL NO. 5374,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5386,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5597,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5616,
There being no objection, the House advanced to the eleventh order of business.
MOTION
There being no objection, the House adjourned until 1:00 p.m., Sunday, April 23, 1995.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk