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EIGHTY-FIFTH DAY
AFTERNOON SESSION
House Chamber, Olympia, Monday, April 7, 1997
The House was called to order at 1:30 p.m. by the Speaker. 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 Robert Gorski, Jr. and Melissa Buckmiller. Prayer was offered by Deacon Lee Edtl, St. Rose Catholic Church, Longview.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGE FROM THE SENATE
April 7, 1997
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 1007,
SUBSTITUTE HOUSE BILL NO. 1016,
SUBSTITUTE HOUSE BILL NO. 1061,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1064,
SUBSTITUTE HOUSE BILL NO. 1089,
SUBSTITUTE HOUSE BILL NO. 1124,
SUBSTITUTE HOUSE BILL NO. 1166,
SUBSTITUTE HOUSE BILL NO. 1171,
SUBSTITUTE HOUSE BILL NO. 1249,
SUBSTITUTE HOUSE BILL NO. 1251,
SUBSTITUTE HOUSE BILL NO. 1658,
SUBSTITUTE HOUSE BILL NO. 1799,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1777, by Representatives Huff, H. Sommers, Alexander, Benson, Clements, Wensman and O'Brien; by request of Office of Financial Management
Changing the timelines for development and implementation of the student assessment system.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 1777 was substituted for House Bill No. 1777 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 1777 was read the second time.
Representative Hickel moved the adoption of the following amendment by Representative Hickel: (478)
On page 4, line 10, after "year." insert the following:
"The commission or the superintendent, as applicable, shall upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted."
On page 4, beginning on line 32, after ""before the" strike "2000-((2001)) 01" and insert "((2000-2001)) 1998-99"
On page 4, line 35, after "learning." insert " Schools that desire to participate after the 1998-99 school year, shall notify the superintendent of public instruction in a manner determined by the superintendent."
Representatives Hickel and Cole spoke in favor of the adoption of the amendment. The amendment was adopted.
Representative Hickel moved the adoption of the following amendment by Representative Hickel: (477)
On page 4, line 15, after "health," strike "and fitness" and insert "fitness, and elementary science"
Representatives Hickel and Cole spoke in favor of the adoption of the amendment. The amendment was adopted.
Representative Linville moved the adoption of the following amendment by Representative Linville: (479)
On page 3, beginning on line 13, after "(iii)" strike everything through "adopted." on page 5, line 9 and insert the following:
"((Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be initially implemented by the state board of education and superintendent of public instruction no later than the 1996-97 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be initially implemented by the state board of education and superintendent of public instruction no later than the 1998-99 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements.
To the maximum extent possible, the commission shall integrate knowledge and skill areas in development of the assessments.
(iv) Before the 2000-2001 school year, participation by school districts in the assessment system shall be optional. School districts that desire to participate before the 2000-2001 school year shall notify the superintendent of public instruction in a manner determined by the superintendent. Beginning in the 2000-2001 school year, all school districts shall be required to participate in the assessment system.
(v) The state board of education and superintendent of public instruction may modify the essential academic learning requirements and academic assessment system, as needed, in subsequent school years.)) The commission shall develop and implement the assessments measuring the essential academic learning requirements developed for RCW 28A.150.210(1), goal one, and RCW 28A.150.210(2), goal two, referred to in this section as reading, writing, communications, mathematics, science, history, civics, geography, arts, and health and fitness, on the following schedule:
(A) The reading, writing, communications, and mathematics assessments at the elementary school level shall be available for use by school districts no later than the 1996-97 school year;
(B) The reading, writing, communications, and mathematics assessments at the middle school level shall be available for use by school districts no later than the 1997-98 school year;
(C) The reading, writing, communications, and mathematics assessments at the high school level shall be available for use by school districts no later than the 1998-99 school year;
(D) The science assessment at the middle and high school level shall by available for use by school districts no later than the 1998-99 school year.
(iv) The commission shall transfer the completed assessments and assessments still in development to the superintendent of public instruction by June 30, 1999. The superintendent of public instruction shall continue developing the assessments on the following schedule:
(A) The history, civics, geography and arts assessments at the middle and high school levels shall be available for use by school districts no later than the 2000-01 school year;
(B) The health and fitness assessments at the middle and high school levels shall be available for use by school districts no later than the 2001-02 school year;
(C) The elementary science assessment shall be available for use by school districts no later than the 2001-02 school year;
(D) The history, civics, geography, arts, and health and fitness assessments shall be available for use by school districts at the elementary school level no later than the 2004-05 school year.
To the maximum extent possible, the commission shall integrate knowledge and skills areas in the development of the assessments.
(v) School districts shall be required to participate in the assessment system on the following schedule:
(A) Beginning in the 1997-98 school year, school districts shall participate in the elementary assessment system for reading, writing, communication, and mathematics;
(B) Beginning in the 2000-01 school year, school districts shall participate in the middle and high school assessment system for reading, writing, communication, mathematics, and science;
(C) Beginning in the 2004-05 school year, school districts shall participate in the elementary assessment system for science;
(D) Beginning in the 2003-04 school year, school districts shall participate in the middle and high school assessment system for history, civics, geography, and arts;
(E) Beginning in the 2004-05 school year, school districts shall participate in the middle and high school assessment system for health and fitness.
By December 15, 1998, the commission on student learning shall recommend to the appropriate committees of the legislature whether the timelines for the assessments under subsection (3)(b)(iv)(D) of this section and subsection (3)(b)(v)(D) and (E) of this section should be revised, and, if the commission recommends revisions to the timelines, when the school districts shall be required to participate.
School districts that desire to participate on an optional basis in any assessment under subsections (A) through (E) of this subsection (3)(b)(v) before the assessment is mandatory shall notify the commission on student learning in a manner determined by the commission.
(vi) The commission on student learning may modify the essential academic learning requirements and the assessments, as needed, before June 30, 1999. The commission shall, upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted."
Renumber remaining subsection consecutively and correct internal references accordingly
Representatives Linville, Cole and Keiser spoke in favor of the adoption of the amendment.
Representatives Talcott and Johnson spoke against the adoption of the amendment.
Representative Hatfield demanded an electronic roll call vote and the demand was sustained.
MOTIONS
On motion by Representatives Kessler, Representative Poulsen was excused. On motion by Representative Wensman, Representative Sehlin was excused. On motion by Representative DeBolt, Representative Sterk was excused.
ROLL CALL
The Clerk called the roll on the adoption of the amendment (479) on page 3, beginning on line 13, to Second Substitute House Bill No. 1777 and the amendment was not adopted by the following vote: Yeas - 46, Nays - 49, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Blalock, Butler, Carlson, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Parlette, Quall, Radcliff, Regala, Romero, Scott, Sheldon, Sommers, H., Sullivan, Thomas, B., Tokuda, Veloria, Wolfe and Wood - 46.
Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Pennington, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sump, Talcott, Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 49.
Excused: Representatives Poulsen, Sehlin and Sterk - 3.
Representative Huff moved the adoption of the following amendment by Representative Huff: (473)
On page 6, line 28, after “fairly” insert “at elementary, middle, and high schools”
On page 6, line 29 after “school districts” insert “with regard to the goals included in RCW 28A.150.210 (1) through (4)”
Representatives Huff, Linville, Cole and Quall spoke in favor of the adoption of the amendment.
Representatives Talcott and Johnson spoke against the adoption of the amendment.
Representative Zellinsky demanded the previous question and the demand was sustained.
Representative Hatfield demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the amendment (473) on page 6, line 28, to Second Substitute House Bill No. 1777 and the amendment was adopted by the following vote: Yeas - 61, Nays - 34, Absent - 0, Excused - 3.
Voting yea: Representatives Alexander, Anderson, Appelwick, Blalock, Buck, Butler, Carlson, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooper, Costa, Delvin, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Honeyford, Huff, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Lisk, Mason, Mastin, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Quall, Radcliff, Regala, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sheldon, Skinner, Sommers, H., Sullivan, Tokuda, Veloria, Wensman, Wolfe, Wood and Zellinsky - 61.
Voting nay: Representatives Backlund, Ballasiotes, Benson, Boldt, Bush, Cairnes, Carrell, Cooke, Crouse, DeBolt, Dunn, Dyer, Hickel, Johnson, Koster, Lambert, McDonald, McMorris, Mielke, Mulliken, Pennington, Reams, Robertson, Sheahan, Sherstad, Smith, Sommers, D., Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven and Mr. Speaker - 34.
Excused: Representatives Poulsen, Sehlin and Sterk - 3.
Representative Hickel moved the adoption of the following amendment by Representative Hickel: (475)
On page 7, after line 15, strike everything through “September 1, 2000" on line 17 and insert “((It is the intent of the legislature to begin implementation of programs in this subsection (3)(i) on September 1, 2000))"
Representative Hickel spoke in favor of the adoption of the amendment. The amendment was adopted.
Representative Huff moved the adoption of the following amendment by Representative Huff: (471)
On page 8, after line 7, insert the following:
“(8)(a) By September 30, 1997, the commission on student learning, the state board of education, and the superintendent of public instruction shall jointly present recommendations to the education committees of the house of representatives and the senate regarding the high school assessments, the certificate of mastery, and high school graduation requirements.
In preparing recommendations, the commission on student learning shall convene an ad hoc working group to address questions, including:
(i) What type of document shall be used to identify student performance and achievement and how will the document be described?
(ii) Should the students be required to pass the high school assessments in all skill and content areas, or only in select skill and content areas, to graduate?
(iii) How will the criteria for establishing the standards for
passing scores on the assessments be determined?
(iv) What timeline should be used in phasing-in the assessments as a graduation requirement?
(v) What options may be used in demonstrating how the results of the assessments will be displayed in a way that is meaningful to students, parents, institutions of higher education, and potential employers?
(vi) Are there other or additional methods by which the assessments could be used to identify achievement such as endorsements, standards of proficiency, merit badges, or levels of achievement?
(vii) Should the assessments and certificate of mastery be used to satisfy college or university entrance criteria for public school students? If yes, how should these methods be phased-in?
(b) The ad hoc working group shall report its recommendations to the commission on student learning, the state board of education, and the superintendent of public instruction by June 15, 1997. The commission shall report the ad hoc working group’s recommendations to the education committees of the house of representatives and senate by July 15, 1997. Final recommendations of the commission on student learning, the state board of education, and the superintendent of public instruction shall be presented to the education committees of the house of representatives and the senate by September 30, 1997.”
Renumber the remaining subsection accordingly.
Representative Huff spoke in favor of the adoption of the amendment. The amendment was adopted.
Representative Hickel moved the adoption of the following amendment by Representative Hickel: (476)
On page 8, beginning on line 8, strike subsection (8) and insert:
“(8) The Washington commission on student learning shall expire on June 30, 1999.”
Representative Hickel spoke in favor of the adoption of the amendment. The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Huff, Talcott, Johnson and B. Thomas spoke in favor of passage of the bill.
Representatives Linville, Cole and Keiser spoke against passage of the bill.
Representative Huff again spoke in favor of passage of the bill. Representative Linville again spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1777.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1777 and the bill passed the House by the following vote: Yeas - 51, Nays - 44, Absent - 0, Excused - 3.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Lambert, Lisk, Mastin, McDonald, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Quall, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Talcott, Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 51.
Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunn, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Koster, Lantz, Linville, Mason, McMorris, Morris, Murray, Ogden, Radcliff, Regala, Romero, Scott, Sheldon, Sommers, H., Sullivan, Sump, Thomas, B., Tokuda, Veloria, Wolfe and Wood - 44.
Excused: Representatives Poulsen, Sehlin and Sterk - 3.
Engrossed Second Substitute House Bill No. 1777, having received the constitutional majority, was declared passed.
REPORTS OF STANDING COMMITTEES
April 2, 1997
HB 1420 Prime Sponsor, Representative McDonald: Modifying local public health financing. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Lambert, Linville, Lisk, McMorris, Parlette, Regala, D. Schmidt, Sehlin, Sheahan and Talcott.
Excused: Representatives Kessler, Mastin, Poulsen and Tokuda.
Passed to Rules Committee for second reading.
April 5, 1997
HB 1850 Prime Sponsor, Representative Dyer: Adopting the long-term care reorganization and standards of care reform act. Reported by Committee on Appropriations
MAJORITY recommendation: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Health Care. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Passed to Rules Committee for second reading.
April 5, 1997
HB 2214 Prime Sponsor, Representative Huff: Continuing the work force employment and training program. Reported by Committee on Appropriations
MAJORITY recommendation: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Commerce & Labor. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; Benson; Carlson; Cooke; Crouse; Dyer; Lambert; Lisk; Mastin; McMorris; Parlette; D. Schmidt; Sehlin; Sheahan and Talcott.
MINORITY recommendation: Do not pass. Signed by Representatives H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Chopp; Cody; Grant; Keiser; Kenney; Kessler; Linville; Poulsen; Regala and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, Benson, Carlson, Cooke, Crouse, Dyer, Lambert, Lisk, Mastin, McMorris, Parlette, D. Schmidt, Sehlin, Sheahan and Talcott.
Voting Nay: Representatives H. Sommers, Doumit, Gombosky, Chopp, Cody, Grant, Keiser, Kenney, Kessler, Linville, Poulsen, Regala and Tokuda.
Passed to Rules Committee for second reading.
April 5, 1997
HB 2251 Prime Sponsor, Representative Huff: Determining compensation eligibility for educational employees. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; Benson; Cooke; Crouse; Dyer; Lambert; Lisk; Mastin; McMorris; Parlette; D. Schmidt; Sehlin; Sheahan and Talcott.
MINORITY recommendation: Do not pass. Signed by Representatives H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Carlson; Chopp; Cody; Grant; Keiser; Kenney; Kessler; Linville; Poulsen; Regala and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, Benson, Cooke, Crouse, Dyer, Lambert, Lisk, Mastin, McMorris, Parlette, D. Schmidt, Sehlin, Sheahan and Talcott.
Voting Nay: Representatives H. Sommers, Doumit, Gombosky, Carlson, Chopp, Cody, Grant, Keiser, Kenney, Kessler, Linville, Poulsen, Regala and Tokuda.
Passed to Rules Committee for second reading.
April 5, 1997
HB 2264 Prime Sponsor, Representative Koster: Eliminating the health care policy board. Reported by Committee on Appropriations
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; Benson; Carlson; Cooke; Crouse; Dyer; Lambert; Lisk; Mastin; McMorris; Parlette; D. Schmidt; Sehlin; Sheahan and Talcott.
MINORITY recommendation: Do not pass. Signed by Representatives H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Chopp; Cody; Grant; Keiser; Kenney; Kessler; Linville; Poulsen; Regala and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, Benson, Carlson, Cooke, Crouse, Dyer, Lambert, Lisk, Mastin, McMorris, Parlette, D. Schmidt, Sehlin, Sheahan and Talcott.
Voting Nay: Representatives H. Sommers, Doumit, Gombosky, Chopp, Cody, Grant, Keiser, Kenney, Kessler, Linville, Poulsen, Regala, and Tokuda.
Passed to Rules Committee for second reading.
April 5, 1997
HB 2272 Prime Sponsor, Representative Huff: Transferring enforcement of cigarette and tobacco taxes to the liquor control board. Reported by Committee on Appropriations
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Cooke; Crouse; Dyer; Grant; Keiser; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; D. Schmidt; Sehlin; Sheahan and Talcott.
MINORITY recommendation: Do not pass. Signed by Representatives Doumit, Assistant Ranking Minority Member; Carlson; Chopp; Cody; Kenney; Regala and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Gombosky, Benson, Cooke, Crouse, Dyer, Grant, Keiser, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, D. Schmidt, Sehlin, Sheahan and Talcott.
Voting Nay: Representatives Doumit, Carlson, Chopp, Cody, Kenney, Regala and Tokuda.
Passed to Rules Committee for second reading.
April 5, 1997
HB 2276 Prime Sponsor, Representative Lisk: Promoting civil legal services for indigent persons. Reported by Committee on Appropriations
MAJORITY Recommendation: The substitute bill by Committee on Law & Justice be substituted therefor and the substitute bill do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Benson; Carlson; Cooke; Crouse; Dyer; Grant; Lambert; Lisk; Mastin; McMorris; Parlette; D. Schmidt; Sehlin; Sheahan and Talcott.
MINORITY Recommendation: Do not pass. Signed by Representatives Gombosky, Assistant Ranking Minority Member; Chopp; Cody; Keiser; Kenney; Kessler; Linville; Poulsen; Regala and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Benson, Carlson, Cooke, Crouse, Dyer, Grant, Lambert, Lisk, Mastin, McMorris, Parlette, D. Schmidt, Sehlin, Sheahan and Talcott.
Voting Nay: Representatives Gombosky, Chopp, Cody, Keiser, Kenney, Kessler, Linville, Poulsen, Regala and Tokuda.
Passed to Rules Committee for second reading.
April 5, 1997
HB 2279 Prime Sponsor, Representative Huff: Revising the basic health plan. Reported by Committee on Appropriations
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; Benson; Carlson; Cooke; Crouse; Dyer; Lambert; Lisk; Mastin; McMorris; Parlette; D. Schmidt; Sehlin; Sheahan and Talcott.
MINORITY recommendation: Do not pass. Signed by Representatives H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Chopp; Cody; Grant; Keiser; Kenney; Kessler; Linville; Poulsen; Regala and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, Benson, Carlson, Cooke, Crouse, Dyer, Lambert, Lisk, Mastin, McMorris, Parlette, D. Schmidt, Sehlin, Sheahan and Talcott.
Voting Nay: Representatives H. Sommers, Doumit, Gombosky, Chopp, Cody, Grant, Keiser, Kenney, Kessler, Linville, Poulsen, Regala and Tokuda.
Passed to Rules Committee for second reading.
April 5, 1997
SSB 5002 Prime Sponsor, Committee on Higher Education: Creating the cross-sector network advisory committee to advise on K-20 educational telecommunications network technical and policy planning. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Higher Education. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; Doumit, Assistant Ranking Minority Member; Benson; Carlson; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Lisk; Mastin; McMorris; Parlette; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
MINORITY recommendation: Without recommendation. Signed by Representatives Gombosky, Assistant Ranking Minority Member; Chopp; Linville and Poulsen.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, Doumit, Benson, Carlson, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Lisk, Mastin, McMorris, Parlette, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Voting Nay: Representatives H. Sommers, Gombosky, Chopp, Linville and Poulsen.
Passed to Rules Committee for second reading.
April 7, 1997
SSB 5056 Prime Sponsor, Committee on Government Operations: Limiting property assessments to permitted land use. Reported by Committee on Finance
MAJORITY recommendation: Do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Mason; Morris; Pennington; Schoesler; Thompson and Van Luven.
Voting Yea: Representatives B. Thomas, Mulliken, Carrell, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Mason, Morris, Pennington, Schoesler and Thompson.
Excused: Representative Van Luven.
Passed to Rules Committee for second reading.
April 5, 1997
ESSB 5105 Prime Sponsor, Committee on Government Operations: Tightening requirements for administrative rule making. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Government Reform & Land Use as further amended by Committee on Appropriations.
On page 5, after line 32, insert the following:
"NEW SECTION. Sec. 1. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1997, in the omnibus appropriations act, this act is null and void."
Correct the title.
Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; Doumit, Assistant Ranking Minority Member; Benson; Carlson; Cooke; Crouse; Dyer; Grant; Lambert; Lisk; Mastin; McMorris; Parlette; Poulsen; D. Schmidt; Sehlin; Sheahan and Talcott.
MINORITY recommendation: Do not pass. Signed by Representatives H. Sommers, Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Chopp; Cody; Keiser; Kenney; Kessler; Linville; Regala and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, Doumit, Benson, Carlson, Cooke, Crouse, Dyer, Grant, Lambert, Lisk, Mastin, McMorris, Parlette, Poulsen, D. Schmidt, Sehlin, Sheahan and Talcott.
Voting Nay: Representatives H. Sommers, Gombosky, Chopp, Cody, Keiser, Kenney, Kessler, Linville, Regala, and Tokuda.
Passed to Rules Committee for second reading.
April 7, 1997
SB 5111 Prime Sponsor, Senator Winsley: Requiring the preparation of maps by county assessors for listing of real estate. Reported by Committee on Finance
MAJORITY recommendation: Do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Mason; Morris; Pennington; Schoesler; Thompson and Van Luven.
Voting Yea: Representatives B. Thomas, Mulliken, Carrell, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Mason, Morris, Pennington, Schoesler and Thompson.
Excused: Representative Van Luven.
Passed to Rules Committee for second reading.
April 7, 1997
SSB 5121 Prime Sponsor, Committee on Ways & Means: Waiving or canceling interest or penalties for certain estate tax returns. Reported by Committee on Finance
MAJORITY recommendation: Do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Mason; Morris; Pennington; Schoesler; Thompson and Van Luven.
Voting Yea: Representatives B. Thomas, Mulliken, Carrell, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Mason, Morris, Pennington, Schoesler and Thompson.
Excused: Representative Van Luven.
Passed to Rules Committee for second reading.
April 7, 1997
2SSB 5127 Prime Sponsor, Committee on Ways & Means: Providing additional funding for trauma care services. Reported by Committee on Finance
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 70.168 RCW to read as follows:
The department shall establish by rule a grant program for designated trauma care services. The grants shall be made from the emergency medical services and trauma care system trust account and shall require regional matching funds. The trust account funds and regional match will be in a seventy-five to twenty-five percent ratio.
Sec. 2. RCW 70.168.040 and 1990 c 269 s 17 are each amended to read as follows:
The emergency medical services and trauma care system trust account is hereby created in the state treasury. Moneys shall be transferred to the emergency medical services and trauma care system trust account from the public safety education account or other sources as appropriated, and as collected under section 3 of this act and RCW 46.61.5054(3) and 46.63.110(6). Disbursements shall be made by the department subject to legislative appropriation. Expenditures may be made only for the purposes of the state trauma care system under this chapter, including emergency medical services, trauma care services, rehabilitative services, and the planning and development of related services under this chapter.
NEW SECTION. Sec. 3. A new section is added to chapter 46.61 RCW to read as follows:
In addition to any other fees, fines, or penalties imposed under this chapter, any person who is convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating any provision of this chapter other than RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, shall be assessed a fee of forty-five dollars. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040. The public safety and education assessment imposed under RCW 3.62.090 does not apply to the fee imposed under this section.
Sec. 4. RCW 46.61.5054 and 1995 c 398 s 15 and 1995 c 332 s 13 are each reenacted and amended to read as follows:
(1)(a) In addition to penalties set forth in RCW 46.61.5051 through 46.61.5053 until September 1, 1995, and RCW 46.61.5055 thereafter, a one hundred twenty-five dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol for grants and activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.
(b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.
(c) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, the court shall assess the one hundred twenty-five dollar fee under (a) of this subsection. Upon a verified petition by a minor assessed the fee, the court may suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee.
(2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and distributed as follows:
(a) Forty percent shall be subject to distribution under RCW 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070.
(b) The remainder of the fee shall be forwarded to the state treasurer who shall, through June 30, 1997, deposit: Fifty percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and fifty percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs. Effective July 1, 1997, the remainder of the fee shall be forwarded to the state treasurer who shall deposit: Fifteen percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and eighty-five percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.
(3) In addition to the fee imposed under subsection (1) of this section and the penalties imposed under RCW 46.61.5055, a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, shall be assessed a seventy-five dollar fee. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040. The public safety and education assessment imposed under RCW 3.62.090 does not apply to the fee imposed under this subsection.
(4) Subsections (1) and (2) of this section ((applies)) apply to any offense committed on or after July 1, 1993. Subsection (3) of this section applies to any offense committed after the effective date of this section.
Sec. 5. RCW 46.63.110 and 1993 c 501 s 11 are each amended to read as follows:
(1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.
(2) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.
(3) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.
(4) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.
(5) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may, in its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment the court shall notify the department of the failure to pay the penalty, and the department shall suspend the person's driver's license or driving privilege until the penalty has been paid and the penalty provided in subsection (3) of this section has been paid.
(6) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed a penalty of twenty dollars. Revenue from this penalty shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040. The public safety and education assessment imposed under RCW 3.62.090 does not apply to the penalty imposed under this subsection.
NEW SECTION. Sec. 6. The legislature finds as follows:
Emergency medical services and trauma care are provided to all residents of the state regardless of a person's ability to pay. Historically, hospitals and health care providers have been able to recover some of their financial losses incurred in caring for an uninsured or underinsured person by charging persons able to pay more. In recent years, the health care industry has undergone substantial changes. With the advent of managed health care programs and the adoption of new cost control measures, some hospitals and health care providers assert that it is difficult to shift costs for uninsured and underinsured patients onto insured patients.
In 1990 the legislature established a coordinated trauma care system. Part of the 1990 legislation included funding for a study to determine the extent to which trauma care is uncompensated and undercompensated. This study focused exclusively on trauma care. The legislature finds that, as a prerequisite to determining the amount of state aid that may be necessary to assist health care providers and facilities, it is necessary to examine trauma care losses within the context of a health care provider or facility's total financial operations.
NEW SECTION. Sec. 7. The department of health shall conduct a financial study of health care facilities, physicians, and surgeons who provide trauma care.
(1) For health care facilities providing trauma care, the study shall:
(a) Examine costs, charges, actual expenses, and levels of reimbursement associated with all services provided by health care facilities.
(b) Analyze which types of services generate income for health care facilities and which types of services result in an income loss.
(c) Review grants, contributions, and other income received by health care facilities that are not fee-for-service revenues.
(d) Compare and contrast financial statements for health care facilities providing trauma care to determine if the overall financial condition of such facilities has worsened, improved, or held constant over the last five years.
(2) For physicians and surgeons providing trauma care, the study shall:
(a) Determine whether total salaries and other compensation paid to physicians and surgeons providing trauma care has increased, decreased, or held the same over the last five years.
(b) Compare if salary and compensation trends over the last five years differ for physicians and surgeons providing trauma care from salary and compensation trends for the state's physicians and surgeons as an entire group.
NEW SECTION. Sec. 8. (1) To perform this study, the department shall form an advisory committee. The advisory committee shall include two members of the house of representatives to be appointed by the speaker of the house of representatives and two members of the senate to be appointed by the president of the senate. The advisory committee may also include members of the emergency medical services and trauma care steering committee, as well as health care financial experts from the academic, financial, and medical communities, to be appointed by the department of health.
(2) The department of health shall provide staff for the purpose of the study.
(3) The department of health shall present a final report of the findings of the study to the committees of the legislature that deal with health and revenue matters by December 31, 1997.
NEW SECTION. Sec. 9. Sections 1 through 5 of this act take effect January 1, 1998."
Correct the title accordingly.
Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Butler; Conway; Kastama; Mason; Morris; Pennington; Schoesler; Thompson and Van Luven.
MINORITY recommendation: Do not pass. Signed by Representative Boldt.
Voting Yea: Representatives B. Thomas, Mulliken, Carrell, Dunshee, Dickerson, Butler, Conway, Kastama, Mason, Morris, Pennington, Schoesler, Thompson and Van Luven.
Voting Nay: Representative Boldt.
Passed to Rules Committee for second reading.
April 5, 1997
SSB 5146 Prime Sponsor, Committee on Government Operations: Requiring that the position as the retired member of the state investment board rotate among retired representatives of the public employees' retirement system, the law enforcement officers' and fire fighters' retirement system, and the teachers' retirement system. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; Benson; Carlson; Crouse; Dyer; Grant; Linville; Lisk; Mastin; McMorris; Parlette; Regala; D. Schmidt and Sehlin.
MINORITY recommendation: Do not pass. Signed by Representatives Alexander, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Chopp; Cody; Cooke; Keiser; Kenney; Kessler; Lambert; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Clements, Wensman, Doumit, Benson, Carlson, Crouse, Dyer, Grant, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt and Sehlin.
Voting Nay: Representatives Alexander, H. Sommers, Gombosky, Chopp, Cody, Cooke, Keiser, Kenney, Kessler, Lambert, Sheahan, Talcott and Tokuda.
Passed to Rules Committee for second reading.
April 7, 1997
SSB 5157 Prime Sponsor, Committee on Ways & Means: Providing tax exemptions for items obtained to replace weather-damaged items. Reported by Committee on Finance
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 82.08 RCW to read as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to sales of the following:
(a) Labor and services rendered in respect to repairing buildings damaged by a disaster or constructing new buildings to replace buildings destroyed by a disaster, if the buildings are located in a county or Indian nation declared as a federal disaster area eligible for individual assistance during the period September 1, 1995, through June 30, 1997;
(b) Tangible personal property that becomes an ingredient or component of such buildings during the course of repair or construction;
(c) Private automobiles, when replacing a private automobile that was damaged by a disaster occurring during the period November 1, 1995, through June 30, 1997, and the damaged automobile was registered and licensed under the laws of this state at the time of the disaster.
(2) A person claiming exemption under this section shall present to the department proof showing that he or she has been approved to receive one or more of the following forms of disaster assistance:
(a) Housing assistance grant from the federal emergency management agency to repair a damaged home;
(b) Small business administration loan to repair damages to a residential or commercial building; or
(c) Farm service agency loan to repair damages to farm property.
(3) The department shall verify an applicant's eligibility and issue a special disaster assistance certificate to qualified persons.
(4) A person claiming this exemption at the time of sale shall:
(a) Provide the seller with a copy of his or her special disaster assistance certificate; and
(b) Display to the seller a valid Washington state driver's license or other valid identification card that has a photograph of the holder; and
(c) Complete an exemption certificate in a form and manner prescribed by the department. The exemption certificate must contain the name, address, and telephone number of the buyer, and a list of items purchased, price of the items, and the date of the purchase.
(5) The seller shall retain a copy of the exemption certificate and the special disaster assistance certificate.
(6) This section expires July 1, 1998.
NEW SECTION. Sec. 2. A new section is added to chapter 82.12 RCW to read as follows:
(1) The provisions of this chapter do not apply in respect to the use of:
(a) Tangible personal property that becomes an ingredient or component of buildings during the course of repairing buildings to replace buildings destroyed by a disaster, if the buildings are located in a county or Indian nation declared as a federal disaster area eligible for individual assistance during the period November 1, 1995, through June 30, 1997;
(b) A private automobile, if the automobile replaces a private automobile that was damaged by a disaster occurring during the period November 1, 1995, through June 30, 1997, and the automobile was registered and licensed under the laws of this state at the time of the disaster.
(2) This section expires July 1, 1998.
NEW SECTION. Sec. 3. 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 takes effect July 1, 1997."
Correct the title accordingly.
Signed by Representatives Carrell, Vice Chairman; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Mason; Morris; Pennington; Schoesler; Thompson and Van Luven.
MINORITY recommendation: Do not pass. Signed by Representatives B. Thomas, Chairman; Mulliken, Vice Chairman; and Dunshee, Ranking Minority Member.
Voting Yea: Representatives Carrell, Dickerson, Boldt, Butler, Conway, Kastama, Mason, Morris, Pennington, Schoesler and Thompson.
Voting Nay: Representatives B. Thomas, Mulliken and Dunshee.
Excused: Representative Van Luven.
Passed to Rules Committee for second reading.
April 7, 1997
SSB 5177 Prime Sponsor, Committee on Transportation: Facilitating smoother flow of traffic. Reported by Committee on Transportation Policy & Budget
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.61.100 and 1986 c 93 s 2 are each amended to read as follows:
(1) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(b) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
(c) Upon a roadway divided into three marked lanes and providing for two-way movement traffic under the rules applicable thereon; or
(d) Upon a street or highway restricted to one-way traffic.
(2) Upon all roadways having two or more lanes for traffic moving in the same direction, all vehicles shall be driven in the right-hand lane then available for traffic, except (a) when overtaking and passing another vehicle proceeding in the same direction, (b) when traveling at a speed greater than the traffic flow, (c) when moving left to allow traffic to merge, or (d) when preparing for a left turn at an intersection, exit, or into a private road or driveway when such left turn is legally permitted. On any such roadway, a ((motor truck)) vehicle or combination over ten thousand pounds shall be driven only in the right-hand lane except under the conditions enumerated in (a) through (d) of this subsection.
(3) No vehicle towing a trailer or no vehicle or combination over ten thousand pounds may be driven in the left-hand lane of a limited access roadway having three or more lanes for traffic moving in one direction except when preparing for a left turn at an intersection, exit, or into a private road or driveway when a left turn is legally permitted. This subsection does not apply to a vehicle using a high-occupancy vehicle lane. A high-occupancy vehicle lane is not considered the left-hand lane of a roadway. The department of transportation, in consultation with the Washington state patrol, shall adopt rules specifying (a) those circumstances where it is permissible for other vehicles to use the left lane in case of emergency or to facilitate the orderly flow of traffic, and (b) those segments of limited access roadway to be exempt from this subsection due to the operational characteristics of the roadway.
(4) It is a traffic infraction to drive continuously in the left lane of a multilane roadway when it impedes the flow of other traffic.
(((4))) (5) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, a vehicle shall not be driven to the left of the center line of the roadway except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (1)(b) of this section. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway."
Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Blalock, Assistant Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Cairnes; Chandler; Constantine; DeBolt; Gardner; Hatfield; Johnson; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Wood and Zellinsky.
Voting Yea: Representatives K. Schmidt, Fisher, Mielke, Backlund, Blalock, Buck, Cairnes, Chandler, Cooper, DeBolt, Gardner, Hatfield, Johnson, O’Brien, Ogden, Radcliff, Robertson, Romero, Wood and Zellinsky.
Excused: Representatives Hankins, Mitchell, Constantine, Murray, Scott, Skinner and Sterk.
Passed to Rules Committee for second reading.
April 5, 1997
2SSB 5179 Prime Sponsor, Committee on Ways & Means: Correcting inequities in the nursing facility reimbursement system. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended.
On page 8, line 27, after "74.46.370," strike "and" and insert "((and))"
On page 8, line 27, after "74.46.380" insert ", and section 8 of this act"
On page 8, line 37, after "lower" insert "; except that section 8 of this act shall be applied if the nursing facility meets all of the criteria specified therein"
On page 11, after line 22, insert the following:
"NEW SECTION. Sec. 8. A new section is added to chapter 74.46 RCW to read as follows:
(1)(a) Notwithstanding any provision to the contrary in this chapter, including RCW 74.46.360 and 74.46.410, for nursing facilities meeting the criteria in (b) of this subsection, the allowable cost of real and personal property assets shall be the lower of the actual cost to the purchaser or the amount allowed under the COBRA asset cost increase limitation for nursing facilities pursuant to 42 C.F.R. 447.253 (d)(2); however, if federally permitted, the department shall use the consumer price index for all urban consumers (CPI-U) (United States city average).
(b) Subsection (1)(a) of this section is applicable only to nursing facilities which satisfy all of the following criteria: (i) The original facility and any major renovations or remodeling, exceeding the expenditure minimum established by the department of health pursuant to chapter 70.38 RCW, is at least twenty years old on January 1, 1997; (ii) the facility has a licensed bed capacity of one hundred sixty beds or greater on January 1, 1997; (iii) the facility's licensee voluntarily banked licensed nursing facility beds during 1995 and 1996, pursuant to chapter 70.38 RCW; (iv) the contractor has been the lessee for a period of ten or more consecutive years by January 1, 1997; and (v) the contractor lessee enters into a duly executed purchase agreement with the arm's-length lessor after January 1, 1997, but prior to January 1, 1998."
Correct the title.
Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
MINORITY recommendation: Do not pass. Signed by Representatives H. Sommers, Ranking Minority Member; Chopp and Regala.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, Doumit, Gombosky, Benson, Carlson, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Voting Nay: Representatives H. Sommers, Chopp and Regala.
Passed to Rules Committee for second reading.
April 7, 1997
SB 5195 Prime Sponsor, Senator Deccio: Providing for taxation of membership sales in discount programs. Reported by Committee on Finance
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 82.04 RCW to read as follows:
(1) For the purposes of this section, "qualifying discount program" means a membership program, club, or plan that entitles the member to discounts on services or products sold by others. The term does not include any discount program which in part or in total entitles the member to discounts on services or products sold by the seller of the membership or an affiliate of the seller of the membership. "Affiliate," for the purposes of this section, means any person who directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the seller.
(2) Persons selling memberships in a qualifying discount program are not subject to tax under this chapter on that portion of the membership sales where the seller delivers the membership materials to the purchaser who receives them at a point outside this state.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
Correct the title accordingly.
Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Boldt; Pennington; Schoesler; Thompson and Van Luven.
MINORITY recommendation: Do not pass. Signed by Representatives Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Butler; Conway; Kastama; Mason and Morris.
Voting Yea: Representatives B. Thomas, Mulliken, Carrell, Boldt, Pennington, Schoesler, Thompson and Van Luven.
Voting Nay: Representatives Dunshee, Dickerson, Butler, Conway, Kastama, Mason and Morris.
Passed to Rules Committee for second reading.
April 3, 1997
SSB 5218 Prime Sponsor, Committee on Ways & Means: Placing restrictions on postretirement employment. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended.
On page 15, line 10, strike "twenty days" and insert "one hundred forty hours"
On page 15, line 33, strike "twenty days" and insert "one hundred forty hours"
On page 35, beginning on line 18, after "or after" strike "the effective date of this act" and insert "June 1, 1996"
On page 35, line 21, after "1992" insert "or part III of chapter 519, Laws of 1993"
Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Lambert; Linville; Mastin; McMorris; Parlette; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Gombosky, Carlson, Chopp, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Lambert, Linville, Mastin, McMorris, Parlette, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Excused: Representatives Doumit, Benson, Cody, Kessler, Lisk and Poulsen.
Passed to Rules Committee for second reading.
April 5, 1997
ESB 5220 Prime Sponsor, Senator Long: Establishing minimum benefits on the Washington state patrol retirement system. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Lambert, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Excused: Representatives Cody, Kessler and Linville.
Passed to Rules Committee for second reading.
April 3, 1997
SB 5221 Prime Sponsor, Senator Long: Specifying eligibility for survivor benefits. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Lambert; Linville; Mastin; McMorris; Parlette; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Gombosky, Benson, Carlson, Chopp, Cooke, Crouse, Dyer, Grant, Kenney, Lambert, Linville, Mastin, McMorris, Parlette, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Excused: Representatives Doumit, Cody, Keiser, Kessler, Lisk and Poulsen.
Passed to Rules Committee for second reading.
April 7, 1997
SB 5229 Prime Sponsor, Senator Prince: Extending permitted uses of assembly halls and meeting places to maintain property tax exemptions. Reported by Committee on Finance
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 84.36.037 and 1993 c 327 s 1 are each amended to read as follows:
(1) Real or personal property owned by a nonprofit organization, association, or corporation in connection with the operation of a public assembly hall or meeting place is exempt from taxation. The area exempt under this section includes the building or buildings, the land under the buildings, and an additional area necessary for parking, not exceeding a total of one acre: PROVIDED, That for property essentially unimproved except for restroom facilities and structures on such property which has been used primarily for annual community celebration events for at least ten years, such exempt property shall not exceed twenty-nine acres.
(2) To qualify for this exemption the property must be used exclusively for public gatherings and be available to all organizations or persons desiring to use the property, but the owner may impose conditions and restrictions which are necessary for the safekeeping of the property and promote the purposes of this exemption. Membership shall not be a prerequisite for the use of the property.
(3) The use of the property for pecuniary gain or to promote business activities, except as provided in this section, nullifies the exemption otherwise available for the property for the assessment year. The exemption is not nullified by:
(a) The collection of rent or donations if the amount is reasonable and does not exceed maintenance and operation expenses created by the user.
(b) Fund-raising activities conducted by a nonprofit organization.
(c) The use of the property for pecuniary gain or to promote business activities for periods of not more than ((three)) seven days in a year.
(d) In a county with a population of less than ten thousand, the use of the property to promote the following business activities: Dance lessons, art classes, or music lessons.
(e) An inadvertent use of the property in a manner inconsistent with the purpose for which exemption is granted, if the inadvertent use is not part of a pattern of use. A pattern of use is presumed when an inadvertent use is repeated in the same assessment year or in two or more successive assessment years.
(4) The department of revenue shall narrowly construe this exemption."
Correct the title accordingly.
Signed by Representatives Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Mason; Morris; Pennington; Schoesler; Thompson and Van Luven.
MINORITY recommendation: Do not pass. Signed by Representatives B. Thomas, Chairman; and Carrell, Vice Chairman.
Voting Yea: Representatives Mulliken, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Mason, Morris, Pennington, Schoesler and Thompson
Voting Nay: Representatives B. Thomas and Carrell.
Excused: Representative Van Luven.
Passed to Rules Committee for second reading.
April 7, 1997
SSB 5230 Prime Sponsor, Committee on Ways & Means: Revising current use taxation provisions. Reported by Committee on Finance
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 84.33.120 and 1995 c 330 s 1 are each amended to read as follows:
(1) In preparing the assessment rolls as of January 1, 1982, for taxes payable in 1983 and each January 1st thereafter, the assessor shall list each parcel of forest land at a value with respect to the grade and class provided in this subsection and adjusted as provided in subsection (2) of this section and shall compute the assessed value of the land by using the same assessment ratio he or she applies generally in computing the assessed value of other property in his or her county. Values for the several grades of bare forest land shall be as follows.
LAND GRADE OPERABILITY CLASS VALUES PER ACRE
1 $141
1 2 136
3 131
4 95
1 118
2 2 114
3 110
4 80
1 93
3 2 90
3 87
4 66
1 70
4 2 68
3 66
4 52
1 51
5 2 48
3 46
4 31
1 26
6 2 25
3 25
4 23
1 12
7 2 12
3 11
4 11
8 1
(2) On or before December 31, 1981, the department shall adjust, by rule under chapter 34.05 RCW, the forest land values contained in subsection (1) of this section in accordance with this subsection, and shall certify these adjusted values to the county assessor for his or her use in preparing the assessment rolls as of January 1, 1982. For the adjustment to be made on or before December 31, 1981, for use in the 1982 assessment year, the department shall:
(a) Divide the aggregate value of all timber harvested within the state between July 1, 1976, and June 30, 1981, by the aggregate harvest volume for the same period, as determined from the harvester excise tax returns filed with the department under RCW 82.04.291 and 84.33.071; and
(b) Divide the aggregate value of all timber harvested within the state between July 1, 1975, and June 30, 1980, by the aggregate harvest volume for the same period, as determined from the harvester excise tax returns filed with the department under RCW 82.04.291 and 84.33.071; and
(c) Adjust the forest land values contained in subsection (1) of this section by a percentage equal to one-half of the percentage change in the average values of harvested timber reflected by comparing the resultant values calculated under (a) and (b) of this subsection.
For the adjustments to be made on or before December 31, 1982, and each succeeding year thereafter, the same procedure shall be followed as described in this subsection utilizing harvester excise tax returns filed under RCW 82.04.291 and this chapter except that this adjustment shall be made to the prior year's adjusted value, and the five-year periods for calculating average harvested timber values shall be successively one year more recent.
(3) In preparing the assessment roll for 1972 and each year thereafter, the assessor shall enter as the true and fair value of each parcel of forest land the appropriate grade value certified to him or her by the department of revenue, and he or she shall compute the assessed value of such land by using the same assessment ratio he or she applies generally in computing the assessed value of other property in his or her county. In preparing the assessment roll for 1975 and each year thereafter, the assessor shall assess and value as classified forest land all forest land that is not then designated pursuant to RCW 84.33.120(4) or 84.33.130 and shall make a notation of such classification upon the assessment and tax rolls. On or before January 15 of the first year in which such notation is made, the assessor shall mail notice by certified mail to the owner that such land has been classified as forest land and is subject to the compensating tax imposed by this section. If the owner desires not to have such land assessed and valued as classified forest land, he or she shall give the assessor written notice thereof on or before March 31 of such year and the assessor shall remove from the assessment and tax rolls the classification notation entered pursuant to this subsection, and shall thereafter assess and value such land in the manner provided by law other than this chapter 84.33 RCW.
(4) In any year commencing with 1972, an owner of land which is assessed and valued by the assessor other than pursuant to the procedures set forth in RCW 84.33.110 and this section, and which has, in the immediately preceding year, been assessed and valued by the assessor as forest land, may appeal to the county board of equalization by filing an application with the board in the manner prescribed in subsection (2) of RCW 84.33.130. The county board shall afford the applicant an opportunity to be heard if the application so requests and shall act upon the application in the manner prescribed in subsection (3) of RCW 84.33.130.
(5) Land that has been assessed and valued as classified forest land as of any year commencing with 1975 assessment year or earlier shall continue to be so assessed and valued until removal of classification by the assessor only upon the occurrence of one of the following events:
(a) Receipt of notice from the owner to remove such land from classification as forest land;
(b) Sale or transfer to an ownership making such land exempt from ad valorem taxation;
(c) Determination by the assessor, after giving the owner written notice and an opportunity to be heard, that, because of actions taken by the owner, such land is no longer primarily devoted to and used for growing and harvesting timber. However, land shall not be removed from classification if a governmental agency, organization, or other recipient identified in subsection (9) or (10) of this section as exempt from the payment of compensating tax has manifested its intent in writing or by other official action to acquire a property interest in classified forest land by means of a transaction that qualifies for an exemption under subsection (9) or (10) of this section. The governmental agency, organization, or recipient shall annually provide the assessor of the county in which the land is located reasonable evidence in writing of the intent to acquire the classified land as long as the intent continues or within sixty days of a request by the assessor. The assessor may not request this evidence more than once in a calendar year;
(d) Determination that a higher and better use exists for such land than growing and harvesting timber after giving the owner written notice and an opportunity to be heard;
(e) Sale or transfer of all or a portion of such land to a new owner, unless the new owner has signed a notice of forest land classification continuance, except transfer to an owner who is an heir or devisee of a deceased owner, shall not, by itself, result in removal of classification. The signed notice of continuance shall be attached to the real estate excise tax affidavit provided for in RCW 82.45.150. The notice of continuance shall be on a form prepared by the department of revenue. If the notice of continuance is not signed by the new owner and attached to the real estate excise tax affidavit, all compensating taxes calculated pursuant to subsection (7) of this section shall become due and payable by the seller or transferor at time of sale. The county auditor shall not accept an instrument of conveyance of classified forest land for filing or recording unless the new owner has signed the notice of continuance or the compensating tax has been paid. The seller, transferor, or new owner may appeal the new assessed valuation calculated under subsection (7) of this section to the county board of equalization. Jurisdiction is hereby conferred on the county board of equalization to hear these appeals.
The assessor shall remove classification pursuant to (c) or (d) of this subsection prior to September 30 of the year prior to the assessment year for which termination of classification is to be effective. Removal of classification as forest land upon occurrence of (a), (b), (d), or (e) of this subsection shall apply only to the land affected, and upon occurrence of (c) of this subsection shall apply only to the actual area of land no longer primarily devoted to and used for growing and harvesting timber: PROVIDED, That any remaining classified forest land meets necessary definitions of forest land pursuant to RCW 84.33.100 ((as now or hereafter amended)).
(6) Within thirty days after such removal of classification as forest land, the assessor shall notify the owner in writing setting forth the reasons for such removal. The owner of such land shall thereupon have the right to apply for designation of such land as forest land pursuant to subsection (4) of this section or RCW 84.33.130. The seller, transferor, or owner may appeal such removal to the county board of equalization.
(7) Unless the owner successfully applies for designation of such land or unless the removal is reversed on appeal, notation of removal from classification shall immediately be made upon the assessment and tax rolls, and commencing on January 1 of the year following the year in which the assessor made such notation, such land shall be assessed on the same basis as real property is assessed generally in that county. Except as provided in subsection((s)) (5)(e) ((and)), (9), or (10) of this section and unless the assessor shall not have mailed notice of classification pursuant to subsection (3) of this section, a compensating tax shall be imposed which shall be due and payable to the county treasurer thirty days after the owner is notified of the amount of the compensating tax. As soon as possible, the assessor shall compute the amount of such compensating tax and mail notice to the owner of the amount thereof and the date on which payment is due. The amount of such compensating tax shall be equal to the difference, if any, between the amount of tax last levied on such land as forest land and an amount equal to the new assessed valuation of such land multiplied by the dollar rate of the last levy extended against such land, multiplied by a number, in no event greater than ten, equal to the number of years, commencing with assessment year 1975, for which such land was assessed and valued as forest land.
(8) Compensating tax, together with applicable interest thereon, shall become a lien on such land which shall attach at the time such land is removed from classification as forest land and shall have priority to and shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation or responsibility to or with which such land may become charged or liable. Such lien may be foreclosed upon expiration of the same period after delinquency and in the same manner provided by law for foreclosure of liens for delinquent real property taxes as provided in RCW 84.64.050. Any compensating tax unpaid on its due date shall thereupon become delinquent. From the date of delinquency until paid, interest shall be charged at the same rate applied by law to delinquent ad valorem property taxes.
(9) The compensating tax specified in subsection (7) of this section shall not be imposed if the removal of classification as forest land pursuant to subsection (5) of this section resulted solely from:
(a) Transfer to a government entity in exchange for other forest land located within the state of Washington;
(b) A taking through the exercise of the power of eminent domain, or sale or transfer to an entity having the power of eminent domain in anticipation of the exercise of such power;
(c) A donation of fee title, development rights, or the right to harvest timber, to a government agency or organization qualified under RCW 84.34.210 and 64.04.130 for the purposes enumerated in those sections, or the sale or transfer of fee title to a governmental entity or a nonprofit nature conservancy corporation, as defined in RCW 64.04.130, exclusively for the protection and conservation of lands recommended for state natural area preserve purposes by the natural heritage council and natural heritage plan as defined in chapter 79.70 RCW: PROVIDED, That at such time as the land is not used for the purposes enumerated, the compensating tax specified in subsection (7) of this section shall be imposed upon the current owner;
(d) The sale or transfer of fee title to the parks and recreation commission for park and recreation purposes; or
(e) Official action by an agency of the state of Washington or by the county or city within which the land is located that disallows the present use of such land.
(10) In a county with a population of more than one million inhabitants, the compensating tax specified in subsection (7) of this section shall not be imposed if the removal of classification as forest land pursuant to subsection (5) of this section resulted solely from:
(a) An action described in subsection (9) of this section; or
(b) A transfer of a property interest to a government entity, or to a nonprofit historic preservation corporation or nonprofit nature conservancy corporation, as defined in RCW 64.04.130, to protect or enhance public resources, or to preserve, maintain, improve, restore, limit the future use of, or otherwise to conserve for public use or enjoyment, the property interest being transferred. At such time as the property interest is not used for the purposes enumerated, the compensating tax shall be imposed upon the current owner.
(11) With respect to any land that has been designated prior to May 6, 1974, pursuant to RCW 84.33.120(4) or 84.33.130, the assessor may, prior to January 1, 1975, on his or her own motion or pursuant to petition by the owner, change, without imposition of the compensating tax provided under RCW 84.33.140, the status of such designated land to classified forest land.
Sec. 2. RCW 84.33.140 and 1995 c 330 s 2 are each amended to read as follows:
(1) When land has been designated as forest land pursuant to RCW 84.33.120(4) or 84.33.130, a notation of such designation shall be made each year upon the assessment and tax rolls, a copy of the notice of approval together with the legal description or assessor's tax lot numbers for such land shall, at the expense of the applicant, be filed by the assessor in the same manner as deeds are recorded, and such land shall be graded and valued pursuant to RCW 84.33.110 and 84.33.120 until removal of such designation by the assessor upon occurrence of any of the following:
(a) Receipt of notice from the owner to remove such designation;
(b) Sale or transfer to an ownership making such land exempt from ad valorem taxation;
(c) Sale or transfer of all or a portion of such land to a new owner, unless the new owner has signed a notice of forest land designation continuance, except transfer to an owner who is an heir or devisee of a deceased owner, shall not, by itself, result in removal of classification. The signed notice of continuance shall be attached to the real estate excise tax affidavit provided for in RCW 82.45.150. The notice of continuance shall be on a form prepared by the department of revenue. If the notice of continuance is not signed by the new owner and attached to the real estate excise tax affidavit, all compensating taxes calculated pursuant to subsection (3) of this section shall become due and payable by the seller or transferor at time of sale. The county auditor shall not accept an instrument of conveyance of designated forest land for filing or recording unless the new owner has signed the notice of continuance or the compensating tax has been paid. The seller, transferor, or new owner may appeal the new assessed valuation calculated under subsection (3) of this section to the county board of equalization. Jurisdiction is hereby conferred on the county board of equalization to hear these appeals;
(d) Determination by the assessor, after giving the owner written notice and an opportunity to be heard, that:
(i) Such land is no longer primarily devoted to and used for growing and harvesting timber. However, land shall not be removed from designation if a governmental agency, organization, or other recipient identified in subsection (5) or (6) of this section as exempt from the payment of compensating tax has manifested its intent in writing or by other official action to acquire a property interest in designated forest land by means of a transaction that qualifies for an exemption under subsection (5) or (6) of this section. The governmental agency, organization, or recipient shall annually provide the assessor of the county in which the land is located reasonable evidence in writing of the intent to acquire the designated land as long as the intent continues or within sixty days of a request by the assessor. The assessor may not request this evidence more than once in a calendar year;
(ii) The owner has failed to comply with a final administrative or judicial order with respect to a violation of the restocking, forest management, fire protection, insect and disease control and forest debris provisions of Title 76 RCW or any applicable regulations thereunder; or
(iii) Restocking has not occurred to the extent or within the time specified in the application for designation of such land.
Removal of designation upon occurrence of any of (a) through (c) of this subsection shall apply only to the land affected, and upon occurrence of (d) of this subsection shall apply only to the actual area of land no longer primarily devoted to and used for growing and harvesting timber, without regard to other land that may have been included in the same application and approval for designation: PROVIDED, That any remaining designated forest land meets necessary definitions of forest land pursuant to RCW 84.33.100 ((as now or hereafter amended)).
(2) Within thirty days after such removal of designation of forest land, the assessor shall notify the owner in writing, setting forth the reasons for such removal. The seller, transferor, or owner may appeal such removal to the county board of equalization.
(3) Unless the removal is reversed on appeal a copy of the notice of removal with notation of the action, if any, upon appeal, together with the legal description or assessor's tax lot numbers for the land removed from designation shall, at the expense of the applicant, be filed by the assessor in the same manner as deeds are recorded, and commencing on January 1 of the year following the year in which the assessor mailed such notice, such land shall be assessed on the same basis as real property is assessed generally in that county. Except as provided in subsection (1)(c), (5), or (6) of this section, a compensating tax shall be imposed which shall be due and payable to the county treasurer thirty days after the owner is notified of the amount of the compensating tax. As soon as possible, the assessor shall compute the amount of such compensating tax and mail notice to the owner of the amount thereof and the date on which payment is due. The amount of such compensating tax shall be equal to the difference between the amount of tax last levied on such land as forest land and an amount equal to the new assessed valuation of such land multiplied by the dollar rate of the last levy extended against such land, multiplied by a number, in no event greater than ten, equal to the number of years for which such land was designated as forest land.
(4) Compensating tax, together with applicable interest thereon, shall become a lien on such land which shall attach at the time such land is removed from designation as forest land and shall have priority to and shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation or responsibility to or with which such land may become charged or liable. Such lien may be foreclosed upon expiration of the same period after delinquency and in the same manner provided by law for foreclosure of liens for delinquent real property taxes as provided in RCW 84.64.050. Any compensating tax unpaid on its due date shall thereupon become delinquent. From the date of delinquency until paid, interest shall be charged at the same rate applied by law to delinquent ad valorem property taxes.
(5) The compensating tax specified in subsection (3) of this section shall not be imposed if the removal of designation pursuant to subsection (1) of this section resulted solely from:
(a) Transfer to a government entity in exchange for other forest land located within the state of Washington;
(b) A taking through the exercise of the power of eminent domain, or sale or transfer to an entity having the power of eminent domain in anticipation of the exercise of such power;
(c) A donation of fee title, development rights, or the right to harvest timber, to a government agency or organization qualified under RCW 84.34.210 and 64.04.130 for the purposes enumerated in those sections, or the sale or transfer of fee title to a governmental entity or a nonprofit nature conservancy corporation, as defined in RCW 64.04.130, exclusively for the protection and conservation of lands recommended for state natural area preserve purposes by the natural heritage council and natural heritage plan as defined in chapter 79.70 RCW: PROVIDED, That at such time as the land is not used for the purposes enumerated, the compensating tax specified in subsection (3) of this section shall be imposed upon the current owner;
(d) The sale or transfer of fee title to the parks and recreation commission for park and recreation purposes; or
(e) Official action by an agency of the state of Washington or by the county or city within which the land is located that disallows the present use of such land.
(6) In a county with a population of more than one million inhabitants, the compensating tax specified in subsection (3) of this section shall not be imposed if the removal of classification as forest land pursuant to subsection (1) of this section resulted solely from:
(a) An action described in subsection (5) of this section; or
(b) A transfer of a property interest to a government entity, or to a nonprofit historic preservation corporation or nonprofit nature conservancy corporation, as defined in RCW 64.04.130, to protect or enhance public resources, or to preserve, maintain, improve, restore, limit the future use of, or otherwise to conserve for public use or enjoyment, the property interest being transferred. At such time as the property interest is not used for the purposes enumerated, the compensating tax shall be imposed upon the current owner.
Sec. 3. RCW 84.33.145 and 1992 c 69 s 3 are each amended to read as follows:
(1) If no later than thirty days after removal of classification or designation the owner applies for classification under RCW 84.34.020 (1), (2), or (3), then the classified or designated forest land shall not be considered removed from classification or designation for purposes of the compensating tax under RCW 84.33.120 or 84.33.140 until the application for current use classification under RCW 84.34.030 is denied or the property is removed from designation under RCW 84.34.108. Upon removal from designation under RCW 84.34.108, the amount of compensating tax due under this chapter shall be equal to:
(a) The difference, if any, between the amount of tax last levied on such land as forest land and an amount equal to the new assessed valuation of such land when removed from designation under RCW 84.34.108 multiplied by the dollar rate of the last levy extended against such land, multiplied by
(b) A number equal to:
(i) The number of years the land was classified or designated under this chapter, if the total number of years the land was classified or designated under this chapter and classified under chapter 84.34 RCW is less than ten; or
(ii) Ten minus the number of years the land was classified under chapter 84.34 RCW, if the total number of years the land was classified or designated under this chapter and classified under chapter 84.34 RCW is at least ten.
(2) Nothing in this section authorizes the continued classification or designation under this chapter or defers or reduces the compensating tax imposed upon forest land not transferred to classification under subsection (1) of this section which does not meet the necessary definitions of forest land under RCW 84.33.100. Nothing in this section affects the additional tax imposed under RCW 84.34.108.
(3) In a county with a population of more than one million inhabitants, no amount of compensating tax is due under this section if the removal from classification under RCW 84.34.108 results from a transfer of property described in RCW 84.34.108(5).
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 takes effect immediately."
Correct the title accordingly.
Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Mason; Morris; Pennington; Schoesler; Thompson and Van Luven.
Voting Yea: Representatives B. Thomas, Mulliken, Carrell, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Mason, Morris, Pennington, Schoesler, Thompson and Van Luven.
Passed to Rules Committee for second reading.
April 5, 1997
SSB 5290 Prime Sponsor, Committee on Ways & Means: Providing that the liquor control board construction and maintenance account retain its earnings. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Passed to Rules Committee for second reading.
April 5, 1997
SSB 5327 Prime Sponsor, Committee on Nat Res/Park: Creating a habitat incentive program through the department of fish and wildlife. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Natural Resources. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Passed to Rules Committee for second reading.
April 7, 1997
SSB 5334 Prime Sponsor, Committee on Ways & Means: Crediting certain insurance premium taxes. Reported by Committee on Finance
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.32.145 and 1993 sp.s. c 25 s 901 are each amended to read as follows:
Every member insurer that prior to April 1, 1993, or after the effective date of this section, shall have paid one or more assessments levied pursuant to RCW 48.32.060(1)(c) shall be entitled to take((, as)) a credit against any premium tax falling due under RCW 48.14.020((,)). The amount of the credit shall be one-fifth of the aggregate amount of such aggregate assessments paid during such calendar year for each of the five consecutive calendar years beginning with the calendar year following the calendar year in which such assessments are paid. Whenever ((an assessment or uncredited portion of an assessment)) the allowable credit is or becomes less than one thousand dollars, the entire amount ((may be credited)) of the credit may be offset against the premium tax at the next time the premium tax is paid.
((This section shall expire January 1, 1999.))
Sec. 2. RCW 48.32A.090 and 1993 sp.s. c 25 s 902 are each amended to read as follows:
(1) The association shall issue to each insurer paying an assessment under this chapter certificates of contribution, in appropriate form and terms as prescribed or approved by the commissioner, for the amounts so paid into the respective funds. All outstanding certificates against a particular fund shall be of equal dignity and priority without reference to amounts or dates of issue.
(2) An outstanding certificate of contribution issued for an assessment paid prior to April 1, 1993, or issued for an assessment paid for an insolvent insurer for which the order of liquidation was entered after the effective date of this section, shall be shown by the insurer in its financial statements as an admitted asset for such amount and period of time as the commissioner may approve. Unless a longer period has been allowed by the commissioner the insurer shall in any event at its option have the right to so show a certificate of contribution as an admitted asset at percentages of original face amount for calendar years as follows:
100% for the calendar year of issuance;
80% for the first calendar year after the year of issuance;
60% for the second calendar year after the year of issuance;
40% for the third calendar year after the year of issuance;
20% for the fourth calendar year after the year of issuance; and
0% for the fifth and subsequent calendar years after the year of issuance.
Notwithstanding the foregoing, if the value of a certificate of contribution is or becomes less than one thousand dollars, the entire amount may be written off by the insurer in that year.
(3) The insurer shall offset the amount written off by it in a calendar year under subsection (2) of this section against its premium tax liability to this state accrued with respect to business transacted in such year.
(4) Any sums recovered by the association representing sums which have theretofore been written off by contributing insurers and offset against premium taxes as provided in subsection (3) of this section, shall be paid by the association to the commissioner and then deposited with the state treasurer for credit to the general fund of the state of Washington.
(5) No distribution to stockholders, if any, of a liquidating insurer shall be made unless and until the total amount of assessments levied by the association with respect to such insurer have been fully recovered by the association."
Correct the title accordingly.
Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Boldt; Morris; Pennington; Schoesler; Thompson and Van Luven.
MINORITY recommendation: Do not pass. Signed by Representatives Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Butler; Conway; Kastama and Mason.
Voting Yea: Representatives B. Thomas, Mulliken, Carrell, Boldt, Morris, Pennington, Schoesler, Thompson and Van Luven.
Voting Nay: Representatives Dunshee, Dickerson, Butler, Conway, Kastama and Mason..
Passed to Rules Committee for second reading.
April 7, 1997
SSB 5341 Prime Sponsor, Committee on Commerce & Labor: Revising authority of the Washington economic development authority to finance projects. Reported by Committee on Capital Budget
MAJORITY Recommendation: Do pass as amended by Committee on Trade and Economic Development. Signed by Representatives Honeyford, Vice Chairman; Ogden, Ranking Minority Member; Costa; Koster; Lantz; Mitchell and D. Sommers.
Voting Yea: Representatives Honeyford, Ogden, Costa, Koster, Lantz, Mitchell and D. Sommers
Excused: Representatives Sehlin, Sullivan, Hankins, and H. Sommers.
Passed to Rules Committee for second reading.
April 7, 1997
SSB 5359 Prime Sponsor, Committee on Ways & Means: Clarifying the exemption from sales and use taxation of the materials used by small companies in the design and development of aircraft parts, auxiliary equipment, and aircraft modification. Reported by Committee on Finance
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.08.02566 and 1996 c 247 s 4 are each amended to read as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to sales of ((materials used in designing and developing aircraft parts, auxiliary equipment, and aircraft modification whether from enterprise funds or on a contract or fee basis for a taxpayer with gross sales of less than twenty million dollars per year. This exemption may not exceed one hundred thousand dollars for a taxpayer in a year)) tangible personal property incorporated into a prototype for aircraft parts, auxiliary equipment, or modifications; or to sales of tangible personal property that at one time is incorporated into the prototype but is later destroyed in the testing or development of the prototype.
(2) This exemption does not apply to sales to any person whose total taxable amount during the immediately preceding calendar year exceeds twenty million dollars. For purposes of this section, "total taxable amount" means gross income of the business and value of products manufactured, less any amounts for which a credit is allowed under RCW 82.04.440.
(3) State and local taxes for which an exemption is received under this section and RCW 82.12.02566 shall not exceed one hundred thousand dollars for any person during any calendar year.
Sec. 2. RCW 82.12.02566 and 1996 c 247 s 5 are each amended to read as follows:
(1) The provisions of this chapter shall not apply with respect to the use of ((materials used in designing and developing aircraft parts, auxiliary equipment, and aircraft modification whether from enterprise funds or on a contract or fee basis for a taxpayer with gross sales of less than twenty million dollars per year. This exemption may not exceed one hundred thousand dollars for a taxpayer in a year)) tangible personal property incorporated into a prototype for aircraft parts, auxiliary equipment, or modifications; or in respect to the use of tangible personal property that at one time is incorporated into the prototype but is later destroyed in the testing or development of the prototype.
(2) This exemption does not apply in respect to the use of tangible personal property by any person whose total taxable amount during the immediately preceding calendar year exceeds twenty million dollars. For purposes of this section, "total taxable amount" means gross income of the business and value of products manufactured, less any amounts for which a credit is allowed under RCW 82.04.440.
(3) State and local taxes for which an exemption is received under this section and RCW 82.08.02566 shall not exceed one hundred thousand dollars for any person during any calendar year.
NEW SECTION. Sec. 3. 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 takes effect July 1, 1997."
Correct the title accordingly.
Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Mason; Morris; Pennington; Schoesler; Thompson and Van Luven.
Voting Yea: Representatives B. Thomas, Carrell, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Mason, Morris, Pennington, Schoesler, Thompson and Van Luven.
Voting Nay: Representative Mulliken.
Passed to Rules Committee for second reading.
April 7, 1997
SB 5383 Prime Sponsor, Senator Winsley: Facilitating the collection of sales tax on manufactured housing. Reported by Committee on Finance
MAJORITY recommendation: Do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Pennington; Schoesler; Thompson and Van Luven.
Voting Yea: Representatives B. Thomas, Mulliken, Carrell, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Mason, Morris, Pennington, Thompson and Van Luven.
Excused: Representative Schoesler.
Passed to Rules Committee for second reading.
April 3, 1997
SSB 5394 Prime Sponsor, Committee on Ways & Means: Regarding school audits. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Lambert; Linville; Mastin; McMorris; Parlette; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Gombosky, Benson, Carlson, Chopp, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Lambert, Linville, Mastin, McMorris, Parlette, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Excused: Representatives Doumit, Cody, Kessler, Lisk and Poulsen.
Passed to Rules Committee for second reading.
April 3, 1997
SB 5395 Prime Sponsor, Senator West: Changing the formula for determining average salaries for certificated instructional staff. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Chopp; Cooke; Crouse; Dyer; Grant; Kenney; Lambert; Mastin; McMorris; Parlette; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
MINORITY recommendation: Without recommendation. Signed by Representatives Carlson; Keiser; Linville and Regala.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Gombosky, Benson, Cooke, Crouse, Dyer, Grant, Lambert, Mastin, McMorris, Parlette, D. Schmidt, Sehlin, Sheahan and Talcott.
Voting Nay: Representatives Carlson, Chopp, Keiser, Kenney, Linville, Regala and Tokuda.
Excused: Representatives Doumit, Cody, Kessler, Lisk and Poulsen.
Passed to Rules Committee for second reading.
April 5, 1997
SB 5434 Prime Sponsor, Senator Stevens: Providing for designation of mineral resource lands. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Government Reform & Land Use. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Cooke; Crouse; Dyer; Grant; Kenney; Kessler; Lambert; Lisk; Mastin; McMorris; Parlette; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
MINORITY recommendation: Without recommendation. Signed by Representatives Chopp; Cody; Keiser; Linville and Poulsen.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Kenney, Kessler, Lambert, Lisk, Mastin, McMorris, Parlette, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Voting Nay: Representatives Keiser, Linville and Poulsen .
Passed to Rules Committee for second reading.
April 3, 1997
SB 5448 Prime Sponsor, Senator Deccio: Merging the health professions account and the medical disciplinary account. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Lambert; Linville; Mastin; McMorris; Parlette; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Gombosky, Benson, Carlson, Chopp, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Lambert, Linville, Mastin, McMorris, Parlette, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Excused: Representatives Doumit, Cody, Kessler, Lisk and Poulsen.
Passed to Rules Committee for second reading.
April 7, 1997
SB 5452 Prime Sponsor, Senator Hale: Exempting nonprofit cancer centers from property tax. Reported by Committee on Finance
MAJORITY recommendation: Do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Morris; Pennington; Schoesler; Thompson and Van Luven.
Voting Yea: Representatives B. Thomas, Mulliken, Carrell, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Mason, Morris, Pennington, Thompson and Van Luven.
Excused: Representative Schoesler.
Passed to Rules Committee for second reading.
April 7, 1997
SSB 5470 Prime Sponsor, Committee on Transportation: Doubling penalties for passing school buses. Reported by Committee on Transportation Policy & Budget
MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Blalock, Assistant Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Cairnes; Chandler; Constantine; DeBolt; Gardner; Hatfield; Johnson; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Wood and Zellinsky.
Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Backlund, Blalock, Buck, Cairnes, Chandler, Constantine, Cooper, DeBolt, Gardner, Hatfield, Johnson, Murray, O’Brien, Ogden, Radcliff, Robertson, Romero, Scott, Wood and Zellinsky.
Excused: Representatives Mitchell, Skinner and Sterk.
Passed to Rules Committee for second reading.
April 5, 1997
SSB 5472 Prime Sponsor, Committee on Ways & Means: Creating the caseload forecast council. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
MINORITY recommendation: Without recommendation. Signed by Representative Poulsen.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Voting Nay: Representative Poulsen.
Passed to Rules Committee for second reading.
April 5, 1997
SSB 5505 Prime Sponsor, Committee on Agriculture & Environment: Directing agencies to assist growers in securing safe and reliable water sources. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Agriculture & Ecology.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that there is a need for development of additional water resources to meet the forecasted population growth in the state. It is the intent of chapter . . ., Laws of 1997 (this act) to direct the responsible agencies to assist applicants seeking a safe and reliable water source for their use. Providing this assistance for public water supply systems can be accomplished through assistance in the creation of municipal interties and transfers, additional storage capabilities, enhanced conservation efforts, and added efficiency standards for using existing supplies.
Sec. 2. RCW 43.21A.064 and 1995 c 8 s 3 are each amended to read as follows:
Subject to RCW 43.21A.068, 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)) the director 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)) The director shall regulate and control the diversion of water in accordance with the rights thereto;
(4) ((He)) The director 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)) The director shall, if requested, provide assistance to an applicant for a water right in obtaining or developing an adequate and appropriate supply of water consistent with the land use permitted for the area in which the water is to be used and the population forecast for the area under RCW 43.62.035. If the applicant is a public water supply system, the supply being sought must be used in a manner consistent with applicable land use, watershed and water system plans, and the population forecast for that area provided under RCW 43.62.035;
(6) The director 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)) The director shall keep a seal of the office, and all certificates ((by him)) covering any of ((his)) the director's acts or the acts of ((his)) the director's office, or the records and files of ((his)) that office, under such seal, shall be taken as evidence thereof in all courts;
(((6) He)) (7) The director shall render when required by the governor, a full written report of the ((work of his office)) office's work with such recommendations for legislation as ((he may)) the director deems advisable for the better control and development of the water resources of the state;
(((7))) (8) The director and duly authorized deputies may administer oaths;
(((8) He)) (9) The director shall establish and promulgate rules governing the administration of chapter 90.03 RCW;
(((9) He)) (10) The director shall perform such other duties as may be prescribed by law.
NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1997, in the omnibus appropriations act, this act is null and void."
Correct the title.
Signed by Representatives Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; D. Schmidt; Sehlin; Sheahan and Tokuda.
MINORITY recommendation: Without recommendation. Signed by Representative Regala.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Voting Nay: Representative Regala.
Passed to Rules Committee for second reading.
April 5, 1997
2SSB 5508 Prime Sponsor, Committee on Ways & Means: Enacting the third grade reading accountability act. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that it is essential for children in the public schools to read well early in elementary school. The legislature further finds that clear and visible goals, assessments to determine the reading level at each building, measurements of annual building improvement, and creating accountability in the educational system will result in a significant increase in the reading ability of children.
NEW SECTION. Sec. 2. This act may be known and cited as the primary grades reading accountability act.
NEW SECTION. Sec. 3. (1) By November 1, 1997, the commission on student learning, in consultation with the superintendent of public instruction, shall make recommendations to the legislature, governor, and state board of education regarding a state-wide accountability system for reading in the elementary grades. The accountability system must assess each school individually against its own baseline, schools with similar characteristics, and schools state-wide. In preparing its recommendations, the commission shall consult with school district officials and school district board members who have established reading goals, incentives, and accountability programs. The commission also shall consult with legislators, parents, classroom teachers, principals, and other educators.
(2) In developing the recommendations, the commission shall consider:
(a) The establishment of a state-wide reading goal or goals;
(b) The establishment of a financial incentive program for schools that meet or exceed their reading goals;
(c) The establishment of a program for technical assistance, and when appropriate, intervention, for schools that persistently do not meet their goals;
(d) The development of a process to evaluate principals' effectiveness in providing leadership in reaching the fourth grade reading goal;
(e) The reporting of annual state-wide progress that includes information on reading achievement by school building, school district, and state-wide; and
(f) Whether other accountability reports, actions, or programs should be developed.
(3) Recommendations pertaining to state-wide goals, financial incentives, and intervention shall be based on the reading test scores of students taking the state-wide elementary grade assessment in RCW 28A.630.885.
Sec. 4. RCW 28A.230.190 and 1990 c 101 s 6 are each amended to read as follows:
(1) Every school district is encouraged to test pupils in grade two by an assessment device designed or selected by the school district. This test shall be used to help teachers in identifying those pupils in need of assistance in the skills of reading, writing, mathematics, and language arts. The test results are not to be compiled by the superintendent of public instruction, but are only to be used by the local school district.
(2) The superintendent of public instruction shall prepare and conduct, with the assistance of school districts, a standardized norm-referenced achievement test to be given annually beginning in the 1997-98 school year to all pupils in grade ((four)) three. The test shall assess students' skill in reading((,)) and mathematics((, and language arts)) and shall focus upon appropriate input variables. Results of ((such)) the test((s)) shall be compiled by the superintendent of public instruction, who shall make those results available annually to the legislature((,)) and to all local school districts ((and subsequently)). School districts shall make results available to parents of those children tested. The results shall allow parents to ascertain the achievement levels and input variables of their children as compared with the other students within the district, the state and, if applicable, the nation.
(3) The superintendent of public instruction shall report annually to the legislature on the achievement levels of students in grade ((four)) three as measured by the norm-referenced standardized achievement test.
Sec. 5. RCW 28A.320.205 and 1993 c 336 s 1006 are each amended to read as follows:
(1) Beginning with the 1994-95 school year, to provide the local community and electorate with access to information on the educational programs in the schools in the district, each school shall publish annually a school performance report and deliver the report to each parent with children enrolled in the school and make the report available to the community served by the school. The annual performance report shall be in a form that can be easily understood and be used by parents, guardians, and other members of the community who are not professional educators to make informed educational decisions. As data from the assessments in RCW 28A.630.885 becomes available, the annual performance report should enable parents, educators, and school board members to determine whether students in the district's schools are attaining mastery of the student learning goals under RCW 28A.150.210, and other important facts about the schools' performance in assisting students to learn. The annual report shall make comparisons to a school's performance in preceding years and shall project goals in performance categories.
(2) The annual performance report shall include, but not be limited to: A brief statement of the mission of the school and the school district; enrollment statistics including student demographics; expenditures per pupil for the school year; a summary of student scores on all mandated tests; a concise annual budget report; student attendance, graduation, and dropout rates; information regarding the use and condition of the school building or buildings; a brief description of the restructuring plan for the school; and an invitation to all parents and citizens to participate in school activities. In addition to the annual performance report, each school shall annually present a summary of student scores on all state-mandated tests at an open meeting of the district's board of directors. The report shall include comparisons to the school's performance in preceding years.
(3) The superintendent of public instruction shall develop by June 30, 1994, a model report form, which shall also be adapted for computers, that schools may use to meet the requirements of subsections (1) and (2) of this section.
NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 7. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1997, in the omnibus appropriations act, this act is null and void."
Correct the title.
Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
MINORITY recommendation: Without recommendation. Signed by Representatives Doumit, Assistant Ranking Minority Member; and Gombosky, Assistant Ranking Minority Member.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Voting Nay: Representatives Doumit and Gombosky.
Passed to Rules Committee for second reading.
April 7, 1997
ESSB 5574 Prime Sponsor, Committee on Government Operations: Instituting property tax reform. Reported by Committee on Finance
MAJORITY recommendation: Do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Boldt; Conway; Kastama; Pennington; Schoesler; Thompson and Van Luven.
MINORITY recommendation: Do not pass. Signed by Representatives Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Butler; Mason and Morris.
Voting Yea: Representatives B. Thomas, Mulliken, Carrell, Boldt, Conway, Kastama, Pennington, Schoesler, Thompson and Van Luven.
Voting Nay: Representatives Dunshee, Dickerson, Butler, Mason and Morris.
Passed to Rules Committee for second reading.
April 5, 1997
ESB 5590 Prime Sponsor, Senator Newhouse: Funding a biosolids management program. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Agriculture & Ecology. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Passed to Rules Committee for second reading.
April 7, 1997
SB 5637 Prime Sponsor, Senator Haugen: Removing residency requirements for county road engineers. Reported by Committee on Transportation Policy & Budget
MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Blalock, Assistant Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Cairnes; Chandler; Constantine; Gardner; Hatfield; Johnson; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Wood and Zellinsky.
MINORITY recommendation: Without recommendation. Signed by Representative DeBolt.
Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Mitchell, Backlund, Blalock, Buck, Cairnes, Chandler, Constantine, Cooper, Gardner, Hatfield, Johnson, Murray, O’Brien, Ogden, Radcliff, Robertson, Romero, Scott, Wood and Zellinsky.
Voting Nay: Representative DeBolt.
Excused: Representatives Skinner and Sterk.
Passed to Rules Committee for second reading.
April 5, 1997
SSB 5668 Prime Sponsor, Committee on Financial Institutions, Insurance and Housing: Allowing the department of health to adopt a temporary worker housing code. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Trade & Economic Development.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the shortage of temporary worker housing is due in part to inappropriate construction requirements for temporary worker shelter and related facilities. It is the intent of the legislature that temporary worker housing developers, including employers, be provided with a regulatory framework that allows shelter to be provided that meets the basic dignity, comfort, common decency, health, and safety needs of workers. It is the intent of chapter . . ., Laws of 1997 (this act) to provide a temporary worker housing building code that will encourage private development of temporary worker housing, and will accommodate a wide range of building materials and new and innovative construction formats that are not possible under previously applicable codes.
NEW SECTION. Sec. 2. A new section is added to chapter 19.27 RCW to read as follows:
Temporary worker housing shall be constructed, altered, or repaired as provided in chapter 70.114A RCW. The construction, alteration, or repair of temporary worker housing is not subject to the codes adopted under RCW 19.27.031, except as provided in any code adopted under chapter 70.114A RCW. For the purposes of this section "temporary worker housing" means a shelter, place, area, or piece of land where sleeping places or housing sites are provided by an employer for his or her employees for temporary seasonal occupancy, not to exceed six months in a twelve-month period, at the employees' worksite, and includes labor camps under RCW 70.54.110. The term "temporary worker housing" includes tents and tent platforms approved by the department of health.
Sec. 3. RCW 70.114A.080 and 1995 c 220 s 8 are each amended to read as follows:
((By December 1, 1996,)) The state building code council shall ((develop)) adopt by rule under chapter 34.05 RCW a temporary worker ((housing)) building code, in conformance with the temporary worker housing standards developed under the Washington industrial safety and health act, chapter 49.17 RCW, the rules adopted by the state board of health under RCW 70.54.110, and the following guidelines:
(1) The code shall provide construction standards for shelter and associated facilities that are safe, secure, and capable of withstanding the stresses and loads associated with their designated use, and to which they are likely to be subjected by the elements.
(2) The code shall permit and facilitate designs and formats that allow for maximum affordability, consistent with the provision of decent, safe, and sanitary housing.
(3) In developing the code the council shall consider: (a) The need for dormitory type housing for groups of unrelated individuals; and (b) the need for housing to accommodate families.
(4) The code shall include construction standards for ((a variety of formats, including, but not limited to)): (a) Tents and tent platforms; (b) straw bale exterior wall structures; and (((b))) (c) hard-shell, single exterior wall structures.
(5) The code shall include standards for temporary worker housing that is to be used only during periods when no auxiliary heat is required.
In ((developing)) adopting the temporary worker ((housing)) building code, it is the intent of the legislature that the building code council make exceptions to the codes listed in RCW 19.27.031, and chapter 19.27A RCW, in keeping with the guidelines set forth in this section.
((The building code council shall appoint a technical advisory committee to assist in the development of the temporary worker housing code, which shall include representatives of industries that most frequently supply temporary housing to their employees.)) It is also the intent of the legislature that the state building code council take into consideration the guidelines developed by the technical advisory committee for the development of the initial temporary worker building code adopted by the state building code council under section 8, chapter 220, Laws of 1995, and presented to the legislature on December 1, 1996. The state building code council shall consider additional input from all interested parties, including seasonal agricultural workers, before adopting the temporary worker building code under this section.
The temporary worker building code authorized and required by this section shall be enforced by the department.
Sec. 4. RCW 43.70.340 and 1990 c 253 s 3 are each amended to read as follows:
(1) The farmworker housing inspection fund is established in the custody of the state treasury. The department of health shall deposit all funds received under subsection (2) of this section and from the legislature to administer a labor camp inspection program conducted by the department of health. Disbursement from the fund shall be on authorization of the secretary of health or the secretary's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.
(2) There is imposed a fee on each operating license issued by the department of health to every operator of a labor camp that is regulated by the state board of health. The fee paid under this subsection shall include all necessary inspection of the units to ensure compliance with applicable state board of health rules on labor camps.
(a) Fifty dollars shall be charged for each labor camp containing six or less units.
(b) Seventy-five dollars shall be charged for each labor camp containing more than six units.
(3) The term of the operating license and the application procedures shall be established, by rule, by the department of health.
(4) The department of health shall establish a building permit fee schedule for temporary worker housing subject to chapter 70.114A RCW. The department of health shall develop rules to establish a fee schedule sufficient to cover the cost of all necessary plan reviews and on-site construction inspections of the temporary worker housing to ensure compliance with the codes developed under RCW 70.114A.080."
Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Benson; Carlson; Cody; Cooke; Crouse; Dyer; Grant; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan and Talcott.
MINORITY recommendation: Do not pass. Signed by Representatives Gombosky, Assistant Ranking Minority Member; Chopp; Keiser; Kenney and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Benson, Carlson, Cody, Cooke, Crouse, Dyer, Grant, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan and Talcott.
Voting Nay: Representatives Gombosky, Chopp, Keiser, Kenney and Tokuda..
Passed to Rules Committee for second reading.
April 7, 1997
SB 5669 Prime Sponsor, Senator Morton: Revising the collection of the metals mining and milling fee. Reported by Committee on Finance
MAJORITY recommendation: Do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Butler; Conway; Kastama; Mason; Morris; Thompson and Van Luven.
MINORITY recommendation: Do not pass. Signed by Representatives Boldt; Pennington and Schoesler.
Voting Yea: Representatives B. Thomas, Mulliken, Carrell, Dunshee, Dickerson, Butler, Conway, Kastama, Mason, Morris, Thompson and Van Luven.
Voting Nay: Representatives Boldt, Pennington and Schoesler.
Passed to Rules Committee for second reading.
April 5, 1997
SSB 5715 Prime Sponsor, Committee on Health & Long-Term Care: Licensing orthotists and prosthetists. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Health Care. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; McMorris; Parlette; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
MINORITY recommendation: Without recommendation. Signed by Representatives Benson; Mastin and Poulsen.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Voting Nay: Representative Mastin.
Passed to Rules Committee for second reading.
April 7, 1997
SSB 5727 Prime Sponsor, Committee on Transportation: Requiring rearview mirrors on certain delivery trucks. Reported by Committee on Transportation Policy & Budget
MAJORITY recommendation: Do pass as amended.
On page On page 1, strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The Washington state patrol, in consultation with the Washington traffic safety commission, shall conduct an analysis of the most effective safety devices for preventing accidents while delivery trucks are operating in reverse gear. The analysis shall focus on trucks equipped with a cube-style, walk-in cargo box up to eighteen feet long that are most commonly used in the commercial delivery of goods and services.
(2) The state patrol shall give specific consideration to the use of rear cross-view type mirrors that can be mounted at the top left rear corner of the truck's cargo box. The state patrol may incorporate research and analysis currently being conducted by the national highway traffic safety administration.
(3) Upon completion of the analysis, the state patrol shall forward its recommendations to the legislative transportation committee."
Signed by Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Blalock, Assistant Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Cairnes; Chandler; Constantine; DeBolt; Gardner; Hatfield; Johnson; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Wood and Zellinsky.
Voting Yea: Representatives K. Schmidt, Fisher, Hankins, Mielke, Mitchell, Backlund, Blalock, Buck, Cairnes, Chandler, Constantine, Cooper, DeBolt, Gardner, Hatfield, Johnson, Murray, O’Brien, Ogden, Radcliff, Robertson, Romero, Scott, Skinner, Wood and Zellinsky.
Excused: Representative Sterk.
Passed to Rules Committee for second reading.
April 5, 1997
SB 5736 Prime Sponsor, Senator Roach: Increasing county burial costs for indigent deceased veterans. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended.
On page 1, line 18, strike "((more))" and insert "more than the limit established by the county legislative authority nor"
On page 2, line 2, strike "((to exceed))" and insert "to exceed the limit established by the county legislative authority nor"
Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
MINORITY recommendation: Without recommendation. Signed by Representative Lambert.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Voting Nay: Representative Lambert.
Passed to Rules Committee for second reading.
April 5, 1997
ESSB 5759 Prime Sponsor, Committee on Human Services & Corrections: Changing sex offender risk level classification and public notification procedures. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 4.24.550 and 1996 c 215 s 1 are each amended to read as follows:
(1) Public agencies are authorized to release ((relevant and necessary)) information to the public regarding sex offenders ((to the public when the release of the information is necessary for public protection)) when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender. This authorization applies to information regarding: (a) Any person adjudicated or convicted of a sex offense as defined in RCW 9.94A.030; (b) any person under the jurisdiction of the indeterminate sentence review board as the result of a sex offense; (c) any person committed as a sexually violent predator under chapter 71.09 RCW or as a sexual psychopath under chapter 71.06 RCW; (d) any person found not guilty of a sex offense by reason of insanity under chapter 10.77 RCW; and (e) any person found incompetent to stand trial for a sex offense and subsequently committed under chapter 71.05 or 71.34 RCW.
(2) The extent of the public disclosure of relevant and necessary information shall be rationally related to: (a) The level of risk posed by the offender to the community; (b) the locations where the offender resides, expects to reside, or is regularly found; and (c) the needs of the affected community members for information to enhance their individual and collective safety.
(3) Local law enforcement agencies shall consider the following guidelines in determining the extent of a public disclosure made under this section: (a) For offenders classified as risk level I, the agency shall share information with other appropriate law enforcement agencies and may disclose, upon request, relevant, necessary, and accurate information to any victim or witness to the offense and to any individual community member who lives near the residence where the offender resides, expects to reside, or is regularly found; (b) for offenders classified as risk level II, the agency may also disclose relevant, necessary, and accurate information to public and private schools, child day care centers, family day care providers, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found; and (c) for offenders classified as risk level III, the agency may also disclose relevant, necessary, and accurate information to the public at large.
(4) Local law enforcement agencies ((and officials who decide to release)) that disseminate information pursuant to this section shall: (a) Review available risk level classifications made by the department of corrections, the department of social and health services, and the indeterminate sentence review board; (b) assign risk level classifications to all sex offenders about whom information will be disseminated; and (c) make a good faith effort to notify the public and residents at least fourteen days before the sex offender is released from confinement or, where an offender moves from another jurisdiction, as soon as possible after the agency learns of the offender's move, except that in no case may this notification provision be construed to require an extension of an offender's release date. ((If a change occurs in the release plan, this notification provision will not require an extension of the release date. The department of corrections and the department of social and health services shall provide local law enforcement officials with all relevant information on sex offenders about to be released or placed into the community in a timely manner. When a sex offender under county jurisdiction will be released from jail and will reside in a county other than the county of incarceration, the chief law enforcement officer of the jail, or his or her designee, shall notify the sheriff in the county where the offender will reside of the offender's release as provided in RCW 70.48.470.
(3))) (5) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for damages for any discretionary ((decision to release)) risk level classification decisions ((and the)) or release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The ((authorization and)) immunity in this section applies to risk level classification decisions and the release of relevant and necessary information regarding((: (a) A person convicted of, or juvenile found to have committed, a sex offense as defined by RCW 9.94A.030; (b) a person found not guilty of a sex offense by reason of insanity under chapter 10.77 RCW; (c) a person found incompetent to stand trial for a sex offense and subsequently committed under chapter 71.05 or 71.34 RCW; (d) a person committed as a sexual psychopath under chapter 71.06 RCW; or (e) a person committed as a sexually violent predator under chapter 71.09 RCW)) any individual for whom disclosure is authorized. The decision of a local law enforcement agency or official to classify a sex offender to a risk level other than the one assigned by the department of corrections, the department of social and health services, or the indeterminate sentence review board, or the release of any relevant and necessary information based on that different classification shall not, by itself, be considered gross negligence or bad faith. The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees ((or officials)), or public agencies, and to the general public.
(((4))) (6) Except as may otherwise be provided by ((statute)) law, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information ((as provided in subsections (2) and (3) of)) authorized under this section.
(((5))) (7) Nothing in this section implies that information regarding persons designated in subsection((s (2) and (3))) (1) of this section is confidential except as may otherwise be provided by ((statute)) law.
(8) When a local law enforcement agency or official classifies a sex offender differently than the offender is classified by the department of corrections, the department of social and health services, or the indeterminate sentence review board, the law enforcement agency or official shall notify the appropriate department or the board and submit its reasons supporting the change in classification.
Sec. 2. RCW 13.40.217 and 1990 c 3 s 102 are each amended to read as follows:
(1) In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550, to release relevant information that is necessary to protect the public concerning juveniles adjudicated of sex offenses.
(2) In order for public agencies to have the information necessary for notifying the public about sex offenders as authorized in RCW 4.24.550, the secretary shall issue to appropriate law enforcement agencies narrative notices regarding the pending release of sex offenders from the department's juvenile rehabilitation facilities. The narrative notices shall, at a minimum, describe the identity and criminal history behavior of the offender and shall include the department's risk level classification for the offender. For sex offenders classified as either risk level II or III, the narrative notices shall also include the reasons underlying the classification.
(3) For the purposes of this section, the department shall classify as risk level I those offenders whose risk assessments indicate a low risk of reoffense within the community at large. The department shall classify as risk level II those offenders whose risk assessments indicate a moderate risk of reoffense within the community at large. The department shall classify as risk level III those offenders whose risk assessments indicate a high risk of reoffense within the community at large.
Sec. 3. RCW 70.48.470 and 1996 c 215 s 2 are each amended to read as follows:
(1) A person having charge of a jail shall notify in writing any confined person who is in the custody of the jail for a conviction of a ((sexual [sex])) sex offense as defined in RCW 9.94A.030 of the registration requirements of RCW 9A.44.130 at the time of the inmate's release from confinement, and shall obtain written acknowledgment of such notification. The person shall also obtain from the inmate the county of the inmate's residence upon release from jail and, where applicable, the city.
(2) ((If an inmate convicted of a sexual offense will reside in a county other than the county of incarceration upon release, the chief law enforcement officer, or his or her designee, shall notify the sheriff of the county where the inmate will reside of the inmate's impending release. Notice shall be provided at least fourteen days prior to the inmate's release, or if the release date is not known at least fourteen days prior to release, notice shall be provided not later than the day after the inmate's release)) When a sex offender under local government jurisdiction will reside in a county other than the county of conviction upon discharge or release, the chief law enforcement officer of the jail or his or her designee shall give notice of the inmate's discharge or release to the sheriff of the county and, where applicable, to the police chief of the city where the offender will reside.
NEW SECTION. Sec. 4. A new section is added to chapter 72.09 RCW to read as follows:
(1) In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550, to release relevant information that is necessary to protect the public concerning offenders convicted of sex offenses.
(2) In order for public agencies to have the information necessary to notify the public as authorized in RCW 4.24.550, the secretary shall establish and administer an end-of-sentence review committee for the purposes of assigning risk levels, reviewing available release plans, and making appropriate referrals for sex offenders. The committee shall assess, on a case-by-case basis, the public risk posed by sex offenders who are: (a) Preparing for their release from confinement for sex offenses committed on or after July 1, 1984; and (b) accepted from another state under a reciprocal agreement under the interstate compact authorized in chapter 72.74 RCW.
(3) Notwithstanding any other provision of law, the committee shall have access to all relevant records and information in the possession of public agencies relating to the offenders under review, including police reports; prosecutors' statements of probable cause; presentence investigations and reports; complete judgments and sentences; current classification referrals; criminal history summaries; violation and disciplinary reports; all psychological evaluations and psychiatric hospital reports; sex offender treatment program reports; and juvenile records. Records and information obtained under this subsection shall not be disclosed outside the committee unless otherwise authorized by law.
(4) The committee shall review each sex offender under its authority before the offender's release from confinement or start of the offender's term of community placement or community custody in order to: (a) Classify the offender into a risk level for the purposes of public notification under RCW 4.24.550; (b) where available, review the offender's proposed release plan in accordance with the requirements of RCW 72.09.340; and (c) make appropriate referrals.
(5) The committee shall classify as risk level I those sex offenders whose risk assessments indicate a low risk of reoffense within the community at large. The committee shall classify as risk level II those offenders whose risk assessments indicate a moderate risk of reoffense within the community at large. The committee shall classify as risk level III those offenders whose risk assessments indicate a high risk of reoffense within the community at large.
(6) The committee shall issue to appropriate law enforcement agencies, for their use in making public notifications under RCW 4.24.550, narrative notices regarding the pending release of sex offenders from the department's facilities. The narrative notices shall, at a minimum, describe the identity and criminal history behavior of the offender and shall include the department's risk level classification for the offender. For sex offenders classified as either risk level II or III, the narrative notices shall also include the reasons underlying the classification.
Sec. 5. RCW 9.95.145 and 1990 c 3 s 127 are each amended to read as follows:
(1) In addition to any other information required to be released under this chapter, the indeterminate sentence review board may, pursuant to RCW 4.24.550, release information concerning inmates under the jurisdiction of the indeterminate sentence review board who are convicted of sex offenses as defined in RCW 9.94A.030.
(2) In order for public agencies to have the information necessary for notifying the public about sex offenders as authorized in RCW 4.24.550, the board shall issue to appropriate law enforcement agencies narrative notices regarding the pending release from confinement of sex offenders under the board's jurisdiction. The narrative notices shall, at a minimum, describe the identity and criminal history behavior of the offender. For sex offenders being discharged from custody on serving the maximum punishment provided by law or fixed by the court, the narrative notices shall also include the board's risk level classification for the offender and the reasons underlying the classification.
(3) For the purposes of this section, the board shall classify as risk level I those offenders whose risk assessments indicate a low risk of reoffense within the community at large. The board shall classify as risk level II those offenders whose risk assessments indicate a moderate risk of reoffense within the community at large. The board shall classify as risk level III those offenders whose risk assessments indicate a high risk of reoffense within the community at large.
NEW SECTION. Sec. 6. (1) By December 1, 1997, the Washington association of sheriffs and police chiefs shall develop a model policy for law enforcement agencies to follow when they disclose information about sex offenders to the public under RCW 4.24.550. The model policy shall be designed to further the objectives of providing adequate notice to the community concerning sex offenders who are or will be residing in the community and of assisting community members in developing constructive plans to prepare themselves and their children for residing near released sex offenders.
(2) In developing the policy, the association shall consult with representatives of the following agencies and professions: (a) The department of corrections; (b) the department of social and health services; (c) the indeterminate sentence review board; (d) the Washington state council of police officers; (e) local correctional agencies; (f) the Washington association of prosecuting attorneys; (g) the Washington public defender association; (h) the Washington association for the treatment of sexual abusers; and (i) victim advocates.
(3) The model policy shall, at a minimum, include recommendations to address the following issues: (a) Procedures for local agencies or officials to accomplish the notifications required under RCW 4.24.550(8); (b) contents and form of community notification documents, including procedures for ensuring the accuracy of factual information contained in the notification documents, and ways of protecting the privacy of victims of the offenders' crimes; (c) methods of distributing community notification documents; (d) methods of providing follow-up notifications to community residents at specified intervals and of disclosing information about offenders to law enforcement agencies in other jurisdictions if necessary to protect the public; (e) methods of educating community residents at public meetings on how they can use the information in the notification document in a reasonable manner to enhance their individual and collective safety; (f) procedures for educating community members regarding the right of sex offenders not to be the subject of harassment or criminal acts as a result of the notification process; and (g) other matters the Washington association of sheriffs and police chiefs deems necessary to ensure the effective and fair administration of RCW 4.24.550.
NEW SECTION. Sec. 7. (1) The department of corrections, the department of social and health services, and the indeterminate sentence review board shall jointly develop, by September 1, 1997, a consistent approach to risk assessment for the purposes of implementing this act, including consistent standards for classifying sex offenders into risk levels I, II, and III.
(2) The department of social and health services, the department of corrections, and the indeterminate sentence review board shall each prepare and deliver to the legislature, by December 1, 1998, a report indicating the number of sex offenders released after the effective date of this section and classified in each level of risk category. The reports shall also include information on the number, jurisdictions, and circumstances where the risk level classification made by a local law enforcement agency or official for specific sex offenders differed from the risk level classification made by the department or the indeterminate sentence review board for the same offender.
NEW SECTION. Sec. 8. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1997, in the omnibus appropriations act, this act is null and void.
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."
Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Passed to Rules Committee for second reading.
April 5, 1997
SSB 5768 Prime Sponsor, Committee on Commerce & Labor: Creating supported employment programs. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Government Administration. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Passed to Rules Committee for second reading.
April 5, 1997
SSB 5785 Prime Sponsor, Committee on Agriculture & Environment: Providing for consolidation of ground water rights of exempt wells. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Agriculture & Ecology.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 90.44 RCW to read as follows:
Upon the issuance by the department of an amendment to the appropriate permit or certificate of ground water right, the holder of a valid right to withdraw public ground waters may consolidate that right with a ground water right exempt from the permit requirement under RCW 90.44.050, without affecting the priority of either of the water rights being consolidated. Such a consolidation amendment shall be issued only after publication of a notice of the application, a comment period, and a determination made by the department, in lieu of meeting the conditions required for an amendment under RCW 90.44.100, that: (1) The exempt well taps the same body of public ground water as the well to which the water right of the exempt well is to be consolidated; (2) use of the exempt well shall be discontinued upon approval of the consolidation amendment to the permit or certificate; (3) legally enforceable agreements have been entered to prohibit the construction of another exempt well to serve the area previously served by the exempt well to be discontinued, and such agreements are binding upon subsequent owners of the land through appropriate binding limitations on the title to the land; (4) the exempt well or wells the use of which is to be discontinued will be properly decommissioned in accordance with chapter 18.104 RCW and the rules of the department; and (5) other existing rights, including ground and surface water rights and minimum stream flows adopted by rule, shall not be impaired. The notice shall be published by the applicant in a newspaper of general circulation in the county or counties in which the wells for the rights to be consolidated are located once a week for two consecutive weeks. The applicant shall provide evidence of the publication of the notice to the department. The comment period shall be for thirty days beginning on the date the second notice is published.
The amount of the water to be added to the holder's permit or certificate upon discontinuance of the exempt well shall be the average withdrawal from the well, in gallons per day, for the most recent five-year period preceding the date of the application, except that the amount shall not be less than eight hundred gallons per day for each residential connection or such alternative minimum amount as may be established by the department in consultation with the department of health, and shall not exceed five thousand gallons per day. The department shall presume that an amount identified by the applicant as being the average withdrawal from the well during the most recent five-year period is accurate if the applicant establishes that the amount identified for the use or uses of water from the exempt well is consistent with the average amount of water used for similar use or uses in the general area in which the exempt well is located. The department shall develop, in consultation with the department of health, a schedule of average household and small-area landscaping water usages in various regions of the state to aid the department and applicants in identifying average amounts used for these purposes. The presumption does not apply if the department finds credible evidence of nonuse of the well during the required period or credible evidence that the use of water from the exempt well or the intensity of the use of the land supported by water from the exempt well is substantially different than such uses in the general area in which the exempt well is located. The department shall also accord a presumption in favor of approval of such consolidation if the requirements of this subsection are met and the discontinuance of the exempt well is consistent with an adopted coordinated water system plan under chapter 70.116 RCW, an adopted comprehensive land use plan under chapter 36.70A RCW, or other comprehensive watershed management plan applicable to the area containing an objective of decreasing the number of existing and newly developed small ground water withdrawal wells. The department shall provide a priority to reviewing and deciding upon applications subject to this subsection, and shall make its decision within sixty days of the end of the comment period following publication of the notice by the applicant or within sixty days of the date on which compliance with the state environmental policy act, chapter 43.21C RCW, is completed, whichever is later. The applicant and the department may by prior mutual agreement extend the time for making a decision.
NEW SECTION. Sec. 2. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1997, in the omnibus appropriations act, this act is null and void."
Signed by Representatives Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Passed to Rules Committee for second reading.
April 7, 1997
SB 5804 Prime Sponsor, Senator Finkbeiner: Eliminating the requirement for a study of the property tax exemption and valuation rules for computer software. Reported by Committee on Finance
MAJORITY recommendation: Do pass. Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Mason; Morris; Pennington; Schoesler; Thompson and Van Luven.
Voting Yea: Representatives B. Thomas, Mulliken, Carrell, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Mason, Morris, Pennington, Schoesler, Thompson and Van Luven.
Passed to Rules Committee for second reading.
April 5, 1997
SSB 5838 Prime Sponsor, Committee on Agriculture & Environment: Requiring health boards to respond to requests for on-site sewage permits in a timely manner. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Agriculture & Ecology.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that improperly designed, installed, or maintained on-site sewage disposal systems are a major contributor to water pollution in this state. The legislature also recognizes that evolving technology has produced many viable alternatives to traditional on-site septic systems. It is the purpose of this act to help facilitate the siting of new alternative on-site septic systems and to assist local governments in promoting efficient operation of on-site septic these systems.
NEW SECTION. Sec. 2. A new section is added to chapter 70.05 RCW to read as follows:
(1) The local health officer must respond to the applicant for an on-site sewage system permit within thirty days after receiving a fully completed application. The local health officer must respond that the application is either approved, denied, or pending.
(2) If the local health officer denies an application to install an on-site sewage system, the denial must be for cause and based upon public health and environmental protection concerns, including concerns regarding the ability to operate and maintain the system, or conflicts with other existing laws, regulations, or ordinances. The local health officer must provide the applicant with a written justification for the denial, along with an explanation of the procedure for appeal.
(3) If the local health officer identifies the application as pending and subject to review beyond thirty days, the local health officer must provide the applicant with a written justification that the site-specific conditions or circumstances necessitate a longer time period for a decision on the application. The local health officer must include any specific information necessary to make a decision and the estimated time required for a decision to be made.
(4) A local health officer may not limit the number of alternative sewage systems within his or her jurisdiction without cause. Any such limitation must be based upon public health and environmental protection concerns, including concerns regarding the ability to operate and maintain the system, or conflicts with other existing laws, regulations, or ordinances. If such a limitation is established, the local health officer must justify the limitation in writing, with specific reasons, and must provide an explanation of the procedure for appealing the limitation.
NEW SECTION. Sec. 3. A new section is added to chapter 70.118 RCW to read as follows:
The department of health must include one person who is familiar with the operation and maintenance of certified proprietary devices on the technical review committee responsible for evaluating and making recommendations to the department of health regarding the general use of alternative on-site sewage systems in the state.
NEW SECTION. Sec. 4. A new section is added to chapter 57.04 RCW to read as follows:
(1) As an alternative means to forming a water-sewer district, a county legislative authority may authorize the formation of a water-sewer district to serve a new development that at the time of formation does not have any residents, at written request of sixty percent of the owners of the area to be included in the proposed district. The county legislative authority shall review the proposed district according to the procedures and criteria in RCW 57.02.040.
(2) The county legislative authority shall appoint the initial water-sewer commissioners of the district. The commissioners shall serve until seventy-five percent of the development is sold and occupied, or until some other time as specified by the county legislative authority when the district is approved. Commissioners serving under this section are not entitled to any form of compensation from the district.
(3) New commissioners shall be elected according to the procedures in chapter 57.12 RCW at the next election held under RCW 29.13.010 that follows more than ninety days after the date seventy-five percent of the development is sold and occupied, or after the time specified by the county legislative authority when the district is approved.
(4) A water-sewer district created under this section may be transferred to a city or county, or dissolved if the district is inactive, by order of the county legislative authority at the written request of sixty percent of the owners of the area included in the district.
NEW SECTION. Sec. 5. A new section is added to chapter 70.118 RCW to read as follows:
In order to assure that technical guidelines and standards keep pace with advancing technologies, the department of health in collaboration with the technical review committee, local health departments, and other interested parties, must review and update as appropriate, the state guidelines and standards for alternative on-site sewage disposal every three years. The first review and update must be completed by January 1, 1999.
NEW SECTION. Sec. 6. Nothing in sections 2 through 4 of this act may be deemed to eliminate any requirements for approval from public health agencies under applicable law in connection with the siting, design, construction, and repair of on-site septic systems.
Sec. 7. RCW 35.67.010 and 1965 c 110 s 1 are each amended to read as follows:
A "system of sewerage" means and may include((s)) any or all of the following:
(1) Sanitary sewage ((disposal sewers)) collection, treatment, and/or disposal facilities and services, on-site or off-site sanitary sewerage facilities, inspection services and maintenance services for public or private on-site systems, or any other means of sewage treatment and disposal approved by the city;
(2) Combined sanitary sewage disposal and storm or surface water sewers;
(3) Storm or surface water sewers;
(4) Outfalls for storm drainage or sanitary sewage and works, plants, and facilities for storm drainage or sanitary sewage treatment and disposal, ((or)) and rights and interests in property relating to the system;
(5) Combined water and sewerage systems;
(6) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a city or town;
(7) Public restroom and sanitary facilities; and
(8) Any combination of or part of any or all of such facilities.
The words "public utility" when used in this chapter ((shall have)) has the same meaning as the words "system of sewerage."
Sec. 8. RCW 35.67.020 and 1995 c 124 s 3 are each amended to read as follows:
Every city and town may construct, condemn and purchase, acquire, add to, maintain, conduct, and operate systems of sewerage and systems and plants for refuse collection and disposal together with additions, extensions, and betterments thereto, within and without its limits, with full jurisdiction and authority to manage, regulate, and control them and to fix, alter, regulate, and control the rates and charges for their use. The rates charged must be uniform for the same class of customers or service and facilities furnished.
In classifying customers served or service and facilities furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors: (1) The difference in cost of service and facilities to the various customers; (2) the location of the various customers within and without the city or town; (3) the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; (4) the different character of the service and facilities furnished various customers; (5) the quantity and quality of the sewage delivered and the time of its delivery; (6) the achievement of water conservation goals and the discouragement of wasteful water use practices; (7) capital contributions made to the system, including but not limited to, assessments; (8) the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and (9) any other matters which present a reasonable difference as a ground for distinction. Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.
A city or town may provide assistance to aid low-income persons in connection with services provided under this chapter.
Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer.
Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.
A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using city or town employees unless the on-site system is connected by a publicly owned collection system to the city or town's sewerage system, and the on-site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of state or local health officers to carry out their responsibilities under any other applicable law.
Sec. 9. RCW 35.92.020 and 1995 c 124 s 5 are each amended to read as follows:
A city or town may construct, condemn and purchase, purchase, acquire, add to, alter, maintain, and operate systems, plants, sites, or other facilities of sewerage as defined in RCW 35.67.010, or solid waste handling as defined by RCW 70.95.030, and shall have full authority to manage, regulate, operate, control, and to fix the price of service and facilities of those systems, plants, sites, or other facilities within and without the limits of the city or town. The rates charged shall be uniform for the same class of customers or service and facilities. In classifying customers served or service and facilities furnished by a system or systems of sewerage, the legislative authority of the city or town may in its discretion consider any or all of the following factors: (1) The difference in cost of service and facilities to customers; (2) the location of customers within and without the city or town; (3) the difference in cost of maintenance, operation, repair, and replacement of the parts of the system; (4) the different character of the service and facilities furnished to customers; (5) the quantity and quality of the sewage delivered and the time of its delivery; (6) capital contributions made to the systems, plants, sites, or other facilities, including but not limited to, assessments; (7) the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and (8) any other factors that present a reasonable difference as a ground for distinction. Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.
A city or town may provide assistance to aid low-income persons in connection with services provided under this chapter.
Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer.
Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.
A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using city or town employees unless the on-site system is connected by a publicly owned collection system to the city or town's sewerage system, and the on-site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of state or local health officers to carry out their responsibilities under any other applicable law.
Sec. 10. RCW 36.94.010 and 1981 c 313 s 14 are each amended to read as follows:
As used in this chapter:
(1) A "system of sewerage" means and may include((s)) any or all of the following:
(a) Sanitary sewage collection, treatment, and/or disposal ((sewers and)) facilities and services, including without limitation on-site or off-site sanitary sewerage facilities ((consisting of an approved septic tank or septic tank systems)), inspection services and maintenance services for private or public on-site systems, or any other means of sewage treatment and disposal approved by the county;
(b) Combined sanitary sewage disposal and storm or surface water drains and facilities;
(c) Storm or surface water drains, channels, and facilities;
(d) Outfalls for storm drainage or sanitary sewage and works, plants, and facilities for storm drainage or sanitary sewage treatment and disposal, and rights and interests in property relating to the system;
(e) Combined water and sewerage systems;
(f) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a county;
(g) Public restroom and sanitary facilities;
(h) The facilities and services authorized in RCW 36.94.020; and
(i) Any combination of or part of any or all of such facilities.
(2) A "system of water" means and includes:
(a) A water distribution system, including dams, reservoirs, aqueducts, plants, pumping stations, transmission and lateral distribution lines and other facilities for distribution of water;
(b) A combined water and sewerage system;
(c) Any combination of or any part of any or all of such facilities.
(3) A "sewerage and/or water general plan" means a general plan for a system of sewerage and/or water for the county which shall be an element of the comprehensive plan established by the county pursuant to RCW 36.70.350(6) and/or chapter 35.63 RCW, if there is such a comprehensive plan.
(a) A sewerage general plan shall include the general location and description of treatment and disposal facilities, trunk and interceptor sewers, pumping stations, monitoring and control facilities, channels, local service areas and a general description of the collection system to serve those areas, a description of on-site sanitary sewerage system inspection services and maintenance services, and other facilities and services as may be required to provide a functional and implementable plan, including preliminary engineering to assure feasibility. The plan may also include a description of the regulations deemed appropriate to carrying out surface drainage plans.
(b) A water general plan shall include the general location and description of water resources to be utilized, wells, treatment facilities, transmission lines, storage reservoirs, pumping stations, and monitoring and control facilities as may be required to provide a functional and implementable plan.
(c) Water and/or sewerage general plans shall include preliminary engineering in adequate detail to assure technical feasibility and, to the extent then known, shall further discuss the methods of distributing the cost and expense of the system and shall indicate the economic feasibility of plan implementation. The plans may also specify local or lateral facilities and services. The sewerage and/or water general plan does not mean the final engineering construction or financing plans for the system.
(4) "Municipal corporation" means and includes any city, town, metropolitan municipal corporation, any public utility district which operates and maintains a sewer or water system, any sewer, water, diking, or drainage district, any diking, drainage, and sewerage improvement district, and any irrigation district.
(5) A "private utility" means and includes all utilities, both public and private, which provide sewerage and/or water service and which are not municipal corporations within the definition of this chapter. The ownership of a private utility may be in a corporation, nonprofit or for profit, in a cooperative association, in a mutual organization, or in individuals.
(6) "Board" means one or more boards of county commissioners and/or the legislative authority of a home rule charter county.
Sec. 11. RCW 36.94.020 and 1981 c 313 s 1 are each amended to read as follows:
The construction, operation, and maintenance of a system of sewerage and/or water is a county purpose. Subject to the provisions of this chapter, every county has the power, individually or in conjunction with another county or counties to adopt, provide for, accept, establish, condemn, purchase, construct, add to, operate, and maintain a system or systems of sanitary and storm sewers, including outfalls, interceptors, plans, and facilities and services necessary for sewerage treatment and disposal, and/or system or systems of water supply within all or a portion of the county((: PROVIDED, That)). However, counties shall not have power to condemn sewerage and/or water systems of any municipal corporation or private utility.
Such county or counties shall have the authority to control, regulate, operate, and manage such system or systems and to provide funds therefor by general obligation bonds, revenue bonds, local improvement district bonds, utility local improvement district or local improvement district assessments, and in any other lawful fiscal manner. Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.
Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer.
Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.
A county shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using county employees unless the on-site system is connected by a publicly owned collection system to the county's sewerage system, and the on-site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of a state or local health officer to carry out their responsibilities under any other applicable law.
A county may, as part of a system of sewerage established under this chapter, provide for, finance, and operate any of the facilities and services and may exercise the powers expressly authorized for county storm water, flood control, pollution prevention, and drainage services and activities under chapters 36.89, 86.12, 86.13, and 86.15 RCW. A county also may provide for, finance, and operate the facilities and services and may exercise any of the powers authorized for aquifer protection areas under chapter 36.36 RCW; for lake management districts under chapter 36.61 RCW; for diking districts, and diking, drainage, and sewerage improvement districts under chapters 85.05, 85.08, 85.15, 85.16, and 85.18 RCW; and for shellfish protection districts under chapter 90.72 RCW. However, if a county by reference to any of those statutes assumes as part of its system of sewerage any powers granted to such areas or districts and not otherwise available to a county under this chapter, then (1) the procedures and restrictions applicable to those areas or districts apply to the county's exercise of those powers, and (2) the county may not simultaneously impose rates and charges under this chapter and under the statutes authorizing such areas or districts for substantially the same facilities and services, but must instead impose uniform rates and charges consistent with RCW 36.94.140. By agreement with such an area or district that is not part of a county's system of sewerage, a county may operate that area's or district's services or facilities, but a county may not dissolve any existing area or district except in accordance with any applicable provisions of the statute under which that area or district was created.
Sec. 12. RCW 36.94.140 and 1995 c 124 s 2 are each amended to read as follows:
Every county, in the operation of a system of sewerage and/or water, shall have full jurisdiction and authority to manage, regulate, and control it and to fix, alter, regulate, and control the rates and charges for the service and facilities to those to whom such ((county)) service ((is)) and facilities are available, and to levy charges for connection to the system. The rates for availability of service and facilities, and connection charges so charged must be uniform for the same class of customers or service and facility.
In classifying customers served, service furnished or made available by such system of sewerage and/or water, or the connection charges, the county legislative authority may consider any or all of the following factors:
(1) The difference in cost of service to the various customers within or without the area;
(2) The difference in cost of maintenance, operation, repair and replacement of the various parts of the systems;
(3) The different character of the service and facilities furnished various customers;
(4) The quantity and quality of the sewage and/or water delivered and the time of its delivery;
(5) Capital contributions made to the system or systems, including, but not limited to, assessments;
(6) The cost of acquiring the system or portions of the system in making system improvements necessary for the public health and safety;
(7) The nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and
(8) Any other matters which present a reasonable difference as a ground for distinction.
A county may provide assistance to aid low-income persons in connection with services provided under this chapter.
The service charges and rates shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for the efficient and proper operation of the system.
NEW SECTION. Sec. 13. A new section is added to chapter 35.58 RCW to read as follows:
A metropolitan municipal corporation authorized to perform water pollution abatement may exercise all the powers relating to systems of sewerage authorized by RCW 36.94.010, 36.94.020, and 36.94.140 for counties.
NEW SECTION. Sec. 14. A new section is added to chapter 35.21 RCW to read as follows:
The legislative authority of any city or town may exercise all the powers relating to systems of sewerage authorized by RCW 35.67.010 and 35.67.020.
NEW SECTION. Sec. 15. A new section is added to chapter 53.08 RCW to read as follows:
A port district may exercise all the powers relating to systems of sewerage authorized by RCW 54.16.230 for public utility districts.
Sec. 16. RCW 54.16.230 and 1975 1st ex.s. c 57 s 1 are each amended to read as follows:
A public utility district may acquire, construct, operate, maintain, and add to sewage systems, subject to and in compliance with the county comprehensive plan, under the general powers of Title 54 RCW or through the formation of local utility districts as provided in RCW 54.16.120 through 54.16.170((: PROVIDED, That)). However, prior to engaging in ((any sewage system works)) the acquisition, construction, or expansion of on-site or off-site sewerage facilities, except for public restroom and sanitary facilities, as authorized by this section, the voters of the public utility district shall first approve by majority vote a referendum proposition authorizing such district to exercise ((the)) those powers ((set forth in this section)) related to the acquisition, construction, or expansion of such facilities, which proposition shall be presented at a general election. A sewage system may include any or all of the following:
(1) Sanitary sewage collection, treatment, and/or disposal facilities and services, including without limitation on-site or off-site sewerage facilities, inspection services and maintenance services for public or private on-site systems, or any other means of sewage treatment and disposal;
(2) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a public utility district; and
(3) Public restroom and sanitary facilities. Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.
A public utility district may provide assistance to aid low-income persons in connection with services provided under this section.
Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer.
Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.
A public utility district shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using public utility district employees unless the on-site system is connected by a publicly owned collection system to the public utility district's sewerage system, and the on-site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of state or local health officers to carry out their responsibilities under any other applicable law. A public utility district that provided inspection, pumping services, or other maintenance or repair services with its own employees prior to January 1, 1997, may continue to use its employees to provide that service.
Sec. 17. RCW 54.16.240 and 1975 1st ex.s. c 57 s 2 are each amended to read as follows:
The commission of a public utility district, by resolution may, or on petition in the same manner as provided for the creation of a district under RCW 54.08.010 shall, submit to the voters for their approval or rejection the proposal that ((said)) the public utility district be authorized to exercise the powers set forth in RCW 54.16.230 for which an election is required.
Sec. 18. RCW 57.08.005 and 1996 c 230 s 301 are each amended to read as follows:
A district shall have the following powers:
(1) To acquire by purchase or condemnation, or both, all lands, property and property rights, and all water and water rights, both within and without the district, necessary for its purposes. The right of eminent domain shall be exercised in the same manner and by the same procedure as provided for cities and towns, insofar as consistent with this title, except that all assessment or reassessment rolls to be prepared and filed by eminent domain commissioners or commissioners appointed by the court shall be prepared and filed by the district, and the duties devolving upon the city treasurer are imposed upon the county treasurer;
(2) To lease real or personal property necessary for its purposes for a term of years for which that leased property may reasonably be needed;
(3) To construct, condemn and purchase, add to, maintain, and supply waterworks to furnish the district and inhabitants thereof and any other persons, both within and without the district, with an ample supply of water for all uses and purposes public and private with full authority to regulate and control the use, content, distribution, and price thereof in such a manner as is not in conflict with general law and may construct, acquire, or own buildings and other necessary district facilities. Where a customer connected to the district's system uses the water on an intermittent or transient basis, a district may charge for providing water service to such a customer, regardless of the amount of water, if any, used by the customer. District waterworks may include facilities which result in combined water supply and electric generation, if the electricity generated thereby is a byproduct of the water supply system. That electricity may be used by the district or sold to any entity authorized by law to use or distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of water supply. For such purposes, a district may take, condemn and purchase, acquire, and retain water from any public or navigable lake, river or watercourse, or any underflowing water, and by means of aqueducts or pipeline conduct the same throughout the district and any city or town therein and carry it along and upon public highways, roads, and streets, within and without such district. For the purpose of constructing or laying aqueducts or pipelines, dams, or waterworks or other necessary structures in storing and retaining water or for any other lawful purpose such district may occupy the beds and shores up to the high water mark of any such lake, river, or other watercourse, and may acquire by purchase or condemnation such property or property rights or privileges as may be necessary to protect its water supply from pollution. For the purposes of waterworks which include facilities for the generation of electricity as a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owner;
(4) To purchase and take water from any municipal corporation, private person, or entity. A district contiguous to Canada may contract with a Canadian corporation for the purchase of water and for the construction, purchase, maintenance, and supply of waterworks to furnish the district and inhabitants thereof and residents of Canada with an ample supply of water under the terms approved by the board of commissioners;
(5) To construct, condemn and purchase, add to, maintain, and operate systems of sewers for the purpose of furnishing the district, the inhabitants thereof, and persons outside the district with an adequate system of sewers for all uses and purposes, public and private, including but not limited to on-site sewage disposal facilities, approved septic tanks or approved septic tank systems, on-site sanitary sewerage systems, inspection services and maintenance services for private and public on-site systems, point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a district, other facilities, programs, and systems for the collection, interception, treatment, and disposal of wastewater, and for the control of pollution from wastewater and for the protection, preservation, and rehabilitation of surface and underground waters, facilities for the drainage and treatment of storm or surface waters, public highways, streets, and roads with full authority to regulate the use and operation thereof and the service rates to be charged. Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer. Sewage facilities may include facilities which result in combined sewage disposal, treatment, or drainage and electric generation, except that the electricity generated thereby is a byproduct of the system of sewers. Such electricity may be used by the district or sold to any entity authorized by law to distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of sewage disposal, treatment, or drainage. For such purposes a district may conduct sewage throughout the district and throughout other political subdivisions within the district, and construct and lay sewer pipe along and upon public highways, roads, and streets, within and without the district, and condemn and purchase or acquire land and rights of way necessary for such sewer pipe. A district may erect sewage treatment plants within or without the district, and may acquire, by purchase or condemnation, properties or privileges necessary to be had to protect any lakes, rivers, or watercourses and also other areas of land from pollution from its sewers or its sewage treatment plant. For the purposes of sewage facilities which include facilities that result in combined sewage disposal, treatment, or drainage and electric generation where the electric generation is a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owners;
(6) To construct, condemn, acquire, and own buildings and other necessary district facilities;
(7) To compel all property owners within the district located within an area served by the district's system of sewers to connect their private drain and sewer systems with the district's system under such penalty as the commissioners shall prescribe by resolution. The district may for such purpose enter upon private property and connect the private drains or sewers with the district system and the cost thereof shall be charged against the property owner and shall be a lien upon property served;
(8) Where a district contains within its borders, abuts, or is located adjacent to any lake, stream, ground water as defined by RCW 90.44.035, or other waterway within the state of Washington, to provide for the reduction, minimization, or elimination of pollutants from those waters in accordance with the district's comprehensive plan, and to issue general obligation bonds, revenue bonds, local improvement district bonds, or utility local improvement bonds for the purpose of paying all or any part of the cost of reducing, minimizing, or eliminating the pollutants from these waters;
(9) To fix rates and charges for water, sewer, and drain service supplied and to charge property owners seeking to connect to the district's systems, as a condition to granting the right to so connect, in addition to the cost of the connection, such reasonable connection charge as the board of commissioners shall determine to be proper in order that those property owners shall bear their equitable share of the cost of the system. For the purposes of calculating a connection charge, the board of commissioners shall determine the pro rata share of the cost of existing facilities and facilities planned for construction within the next ten years and contained in an adopted comprehensive plan and other costs borne by the district which are directly attributable to the improvements required by property owners seeking to connect to the system. The cost of existing facilities shall not include those portions of the system which have been donated or which have been paid for by grants. The connection charge may include interest charges applied from the date of construction of the system until the connection, or for a period not to exceed ten years, whichever is shorter, at a rate commensurate with the rate of interest applicable to the district at the time of construction or major rehabilitation of the system, or at the time of installation of the lines to which the property owner is seeking to connect. A district may permit payment of the cost of connection and the reasonable connection charge to be paid with interest in installments over a period not exceeding fifteen years. The county treasurer may charge and collect a fee of three dollars for each year for the treasurer's services. Those fees shall be a charge to be included as part of each annual installment, and shall be credited to the county current expense fund by the county treasurer. Revenues from connection charges excluding permit fees are to be considered payments in aid of construction as defined by department of revenue rule. Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.
Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.
A water-sewer district shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using water-sewer district employees unless the on-site system is connected by a publicly owned collection system to the water-sewer district's sewerage system, and the on-site system represents the first step in the sewage disposal process.
Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for sewer, water, storm water control, drainage, and street lighting facilities to the same extent private persons and private property are subject to those rates and charges that are imposed by districts. In setting those rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;
(10) To contract with individuals, associations and corporations, the state of Washington, and the United States;
(11) To employ such persons as are needed to carry out the district's purposes and fix salaries and any bond requirements for those employees;
(12) To contract for the provision of engineering, legal, and other professional services as in the board of commissioner's discretion is necessary in carrying out their duties;
(13) To sue and be sued;
(14) To loan and borrow funds and to issue bonds and instruments evidencing indebtedness under chapter 57.20 RCW and other applicable laws;
(15) To transfer funds, real or personal property, property interests, or services subject to RCW 57.08.015;
(16) To levy taxes in accordance with this chapter and chapters 57.04 and 57.20 RCW;
(17) To provide for making local improvements and to levy and collect special assessments on property benefitted thereby, and for paying for the same or any portion thereof in accordance with chapter 57.16 RCW;
(18) To establish street lighting systems under RCW 57.08.060;
(19) To exercise such other powers as are granted to water-sewer districts by this title or other applicable laws; and
(20) To exercise any of the powers granted to cities and counties with respect to the acquisition, construction, maintenance, operation of, and fixing rates and charges for waterworks and systems of sewerage and drainage.
Sec. 19. RCW 57.08.065 and 1996 c 230 s 313 are each amended to read as follows:
(1) A district shall have power to establish, maintain, and operate a mutual water, ((sewer)) sewerage, drainage, and street lighting system, a mutual system of any two or three of the systems, or separate systems.
(2) Where any two or more districts include the same territory as of July 1, 1997, none of the overlapping districts may provide any service that was made available by any of the other districts prior to July 1, 1997, within the overlapping territory without the consent by resolution of the board of commissioners of the other district or districts.
(3) A district that was a water district prior to July 1, 1997, that did not operate a ((sewer)) system of sewerage prior to July 1, 1997, may not proceed to exercise the powers to establish, maintain, construct, and operate any ((sewer)) system of sewerage without first obtaining written approval and certification of necessity from the department of ecology and department of health. Any comprehensive plan for a system of sewers or addition thereto or betterment thereof proposed by a district that was a water district prior to July 1, 1997, shall be approved by the same county and state officials as were required to approve such plans adopted by a sewer district immediately prior to July 1, 1997, and as subsequently may be required.
Sec. 20. RCW 57.16.010 and 1996 c 230 s 501 are each amended to read as follows:
Before ordering any improvements or submitting to vote any proposition for incurring any indebtedness, the district commissioners shall adopt a general comprehensive plan for the type or types of facilities the district proposes to provide. A district may prepare a separate general comprehensive plan for each of these services and other services that districts are permitted to provide, or the district may combine any or all of its comprehensive plans into a single general comprehensive plan.
(1) For a general comprehensive plan of a water supply system, the commissioners shall investigate the several portions and sections of the district for the purpose of determining the present and reasonably foreseeable future needs thereof; shall examine and investigate, determine, and select a water supply or water supplies for such district suitable and adequate for present and reasonably foreseeable future needs thereof; and shall consider and determine a general system or plan for acquiring such water supply or water supplies, and the lands, waters, and water rights and easements necessary therefor, and for retaining and storing any such waters, and erecting dams, reservoirs, aqueducts, and pipe lines to convey the same throughout such district. There may be included as part of the system the installation of fire hydrants at suitable places throughout the district. The commissioners shall determine a general comprehensive plan for distributing such water throughout such portion of the district as may then reasonably be served by means of subsidiary aqueducts and pipe lines, and a long-term plan for financing the planned projects and the method of distributing the cost and expense thereof, including the creation of local improvement districts or utility local improvement districts, and shall determine whether the whole or part of the cost and expenses shall be paid from revenue or general obligation bonds.
(2) For a general comprehensive plan for a sewer system, the commissioners shall investigate all portions and sections of the district and select a general comprehensive plan for a sewer system for the district suitable and adequate for present and reasonably foreseeable future needs thereof. The general comprehensive plan shall provide for treatment plants and other methods and services, if any, for the prevention, control, and reduction of water pollution and for the treatment and disposal of sewage and industrial and other liquid wastes now produced or which may reasonably be expected to be produced within the district and shall, for such portions of the district as may then reasonably be served, provide for the acquisition or construction and installation of laterals, trunk sewers, intercepting sewers, syphons, pumping stations or other sewage collection facilities, septic tanks, septic tank systems or drainfields, and systems for the transmission and treatment of wastewater. The general comprehensive plan shall provide a long-term plan for financing the planned projects and the method of distributing the cost and expense of the sewer system and services, including the creation of local improvement districts or utility local improvement districts; and provide whether the whole or some part of the cost and expenses shall be paid from revenue or general obligation bonds.
(3) For a general comprehensive plan for a drainage system, the commissioners shall investigate all portions and sections of the district and adopt a general comprehensive plan for a drainage system for the district suitable and adequate for present and future needs thereof. The general comprehensive plan shall provide for a system to collect, treat, and dispose of storm water or surface waters, including use of natural systems and the construction or provision of culverts, storm water pipes, ponds, and other systems. The general comprehensive plan shall provide for a long-term plan for financing the planned projects and provide for a method of distributing the cost and expense of the drainage system, including local improvement districts or utility local improvement districts, and provide whether the whole or some part of the cost and expenses shall be paid from revenue or general obligation bonds.
(4) For a general comprehensive plan for street lighting, the commissioners shall investigate all portions and sections of the district and adopt a general comprehensive plan for street lighting for the district suitable and adequate for present and future needs thereof. The general comprehensive plan shall provide for a system or systems of street lighting, provide for a long-term plan for financing the planned projects, and provide for a method of distributing the cost and expense of the street lighting system, including local improvement districts or utility local improvement districts, and provide whether the whole or some part of the cost and expenses shall be paid from revenue or general obligation bonds.
(5) The commissioners may employ such engineering and legal service as in their discretion is necessary in carrying out their duties.
(6) Any general comprehensive plan or plans shall be adopted by resolution and submitted to an engineer designated by the legislative authority of the county in which fifty-one percent or more of the area of the district is located, and to the director of health of the county in which the district or any portion thereof is located, and must be approved in writing by the engineer and director of health, except that a comprehensive plan relating to street lighting shall not be submitted to or approved by the director of health. The general comprehensive plan shall be approved, conditionally approved, or rejected by the director of health and by the designated engineer within sixty days of their respective receipt of the plan. However, this sixty-day time limitation may be extended by the director of health or engineer for up to an additional sixty days if sufficient time is not available to review adequately the general comprehensive plans.
Before becoming effective, the general comprehensive plan shall also be submitted to, and approved by resolution of, the legislative authority of every county within whose boundaries all or a portion of the district lies. The general comprehensive plan shall be approved, conditionally approved, or rejected by each of the county legislative authorities pursuant to the criteria in RCW 57.02.040 for approving the formation, reorganization, annexation, consolidation, or merger of districts. The resolution, ordinance, or motion of the legislative body that rejects the comprehensive plan or a part thereof shall specifically state in what particular the comprehensive plan or part thereof rejected fails to meet these criteria. The general comprehensive plan shall not provide for the extension or location of facilities that are inconsistent with the requirements of RCW 36.70A.110. Nothing in this chapter shall preclude a county from rejecting a proposed plan because it is in conflict with the criteria in RCW 57.02.040. Each general comprehensive plan shall be deemed approved if the county legislative authority fails to reject or conditionally approve the plan within ninety days of the plan's submission to the county legislative authority or within thirty days of a hearing on the plan when the hearing is held within ninety days of submission to the county legislative authority. However, a county legislative authority may extend this ninety-day time limitation by up to an additional ninety days where a finding is made that ninety days is insufficient to review adequately the general comprehensive plan. In addition, the commissioners and the county legislative authority may mutually agree to an extension of the deadlines in this section.
If the district includes portions or all of one or more cities or towns, the general comprehensive plan shall be submitted also to, and approved by resolution of, the legislative authorities of the cities and towns before becoming effective. The general comprehensive plan shall be deemed approved by the city or town legislative authority if the city or town legislative authority fails to reject or conditionally approve the plan within ninety days of the plan's submission to the city or town or within thirty days of a hearing on the plan when the hearing is held within ninety days of submission to the county legislative authority. However, a city or town legislative authority may extend this time limitation by up to an additional ninety days where a finding is made that insufficient time exists to adequately review the general comprehensive plan within these time limitations. In addition, the commissioners and the city or town legislative authority may mutually agree to an extension of the deadlines in this section.
Before becoming effective, the general comprehensive plan shall be approved by any state agency whose approval may be required by applicable law. Before becoming effective, any amendment to, alteration of, or addition to, a general comprehensive plan shall also be subject to such approval as if it were a new general comprehensive plan. However, only if the amendment, alteration, or addition affects a particular city or town, shall the amendment, alteration, or addition be subject to approval by such particular city or town governing body.
Sec. 21. RCW 57.08.081 and 1996 c 230 s 314 are each amended to read as follows:
The commissioners of any district shall provide for revenues by fixing rates and charges for furnishing sewer and drainage service and facilities to those to whom service is available or for providing water, such rates and charges to be fixed as deemed necessary by the commissioners, so that uniform charges will be made for the same class of customer or service and facility. Rates and charges may be combined for the furnishing of more than one type of sewer service((,)) and facility such as but not limited to storm or surface water and sanitary.
In classifying customers of such water, sewer, or drainage system, the board of commissioners may in its discretion consider any or all of the following factors: The difference in cost ((of service)) to various customers; the location of the various customers within and without the district; the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; the different character of the service furnished various customers; the quantity and quality of the service and facility furnished; the time of its use; the achievement of water conservation goals and the discouragement of wasteful practices; capital contributions made to the system including but not limited to assessments; and any other matters which present a reasonable difference as a ground for distinction. Rates shall be established as deemed proper by the commissioners and as fixed by resolution and shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for efficient and proper operation of the system.
The commissioners shall enforce collection of connection charges, and rates and charges for water supplied against property owners connecting with the system or receiving such water, and for sewer and drainage services charged against property to which and its owners to whom the service is available, such charges being deemed charges against the property served, by addition of penalties of not more than ten percent thereof in case of failure to pay the charges at times fixed by resolution. The commissioners may provide by resolution that where either connection charges or rates and charges for services supplied are delinquent for any specified period of time, the district shall certify the delinquencies to the treasurer of the county in which the real property is located, and the charges and any penalties added thereto and interest thereon at the rate of not more than the prime lending rate of the district's bank plus four percentage points per year shall be a lien against the property upon which the service was received, subject only to the lien for general taxes.
The district may, at any time after the connection charges or rates and charges for services supplied or available and penalties are delinquent for a period of sixty days, bring suit in foreclosure by civil action in the superior court of the county in which the real property is located. The court may allow, in addition to the costs and disbursements provided by statute, attorneys' fees, title search and report costs, and expenses as it adjudges reasonable. The action shall be in rem, and may be brought in the name of the district against an individual or against all of those who are delinquent in one action. The laws and rules of the court shall control as in other civil actions.
In addition to the right to foreclose provided in this section, the district may also cut off all or part of the service after charges for water or sewer service supplied or available are delinquent for a period of sixty days.
Sec. 22. RCW 90.72.040 and 1992 c 100 s 3 are each amended to read as follows:
(1) The county legislative authority may create a shellfish protection district on its own motion or by submitting the question to the voters of the proposed district and obtaining the approval of a majority of those voting. The boundaries of the district shall be determined by the legislative authority. The legislative authority may create more than one district. A district may include any area or areas within the county, whether incorporated or unincorporated. Counties shall coordinate and cooperate with cities, towns, and water-related special districts within their boundaries in establishing shellfish protection districts and carrying out shellfish protection programs. Where a portion of the proposed district lies within an incorporated area, the county shall develop procedures for the participation of the city or town in the determination of the boundaries of the district and the administration of the district, including funding of the district's programs. The legislative authority of more than one county may by agreement provide for the creation of a district including areas within each of those counties. County legislative authorities are encouraged to coordinate their plans and programs to protect shellfish growing areas, especially where shellfish growing areas are located within the boundaries of more than one county. The legislative authority or authorities creating a district may abolish a shellfish protection district on its or their own motion or by submitting the question to the voters of the district and obtaining the approval of a majority of those voting.
(2) If the county legislative authority creates a shellfish protection district by its own motion, any registered voter residing within the boundaries of the shellfish protection district may file a referendum petition to repeal the ordinance that created the district. Any referendum petition to repeal the ordinance creating the shellfish protection district shall be filed with the county auditor within seven days of passage of the ordinance. Within ten days of the filing of a petition, the county auditor shall confer with the petitioner concerning form and style of the petition, issue an identification number for the petition, and write a ballot title for the measure. The ballot title shall be posed as a question so that an affirmative answer to the question and an affirmative vote on the measure results in creation of the shellfish protection district and a negative answer to the question and a negative vote on the measure results in the shellfish protection district not being created. The petitioner shall be notified of the identification number and ballot title within this ten-day period.
After this notification, the petitioner shall have thirty days in which to secure on petition forms the signatures of not less than twenty-five percent of the registered voters residing within the boundaries of the shellfish protection district and file the signed petitions with the county auditor. Each petition form shall contain the ballot title and full text of the measure to be referred. The county auditor shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the county auditor shall submit the referendum measure to the registered voters residing in the shellfish protection district in a special election no later than one hundred twenty days after the signed petition has been filed with the county auditor. The special election may be conducted by mail ballot as provided for in chapter 29.36 RCW.
(3) The county legislative authority shall not impose fees, rates, or charges for shellfish protection district programs upon properties on which fees, rates, or charges are imposed ((to pay for another program to eliminate or decrease contamination in storm water runoff)) under chapter 36.89 or 36.94 RCW for substantially the same programs and services.
NEW SECTION. Sec. 23. (1) The department of health shall convene a work group for the purpose of making recommendations to the legislature for the development of a certification program for different classes of people involved with on-site septic systems. The work group shall study certification of persons who pump, install, design, perform maintenance, inspect, or regulate any of the above listed functions with regard to on-site septic systems. The work group shall make recommendations regarding appropriate bonding levels and other standards for the various occupations for which certification will be recommended. The work group shall also examine the development of a risk analysis pertaining to the installation and maintenance of different types of septic systems for different parts of the state. The work group shall report its findings and recommendations to the senate agriculture and environment committee and the house of representatives agriculture and ecology committee by January 1, 1998.
(2) The work group shall consist of a representative from each of the following groups: On-site septic system pumpers, installers, designers, maintenance operators, and inspectors, as well as a representative of cities, counties, the department of health, engineers, residential construction, the Puget Sound water quality action team, public utility districts, water-sewer districts, and two members from the general public. The members of the work group shall be appointed by the governor. The representative of the department of health shall serve as the chair of the work group. Staff support for the work group shall be provided by the department of health."
Correct the title.
Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Passed to Rules Committee for second reading.
April 5, 1997
E2SSB 5927 Prime Sponsor, Committee on Ways & Means: Changing higher education financing. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Higher Education. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; Carlson; Cooke; Crouse; Dyer; Lambert; Lisk; Mastin; McMorris; Parlette; D. Schmidt; Sehlin and Talcott.
MINORITY recommendation: Do not pass. Signed by Representatives H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Chopp; Cody; Grant; Keiser; Kenney; Kessler; Linville; Poulsen; Regala; Sheahan and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, Carlson, Cooke, Crouse, Dyer, Lambert, Lisk, Mastin, McMorris, Parlette, D. Schmidt, Sehlin, Sheahan and Talcott.
Voting Nay: Representatives H. Sommers, Doumit, Gombosky, Benson, Chopp, Cody, Grant, Keiser, Kenney, Kessler, Linville, Poulsen, Regala and Tokuda.
Passed to Rules Committee for second reading.
April 3, 1997
ESB 5954 Prime Sponsor, Senator West: Regulating claims against the University of Washington. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.20.253 and 1991 sp.s. c 13 s 117 are each amended to read as follows:
(1) A self-insurance revolving fund in the custody of the ((treasurer)) university is hereby created to be used solely and exclusively by the board of regents of the University of Washington for the following purposes:
(a) The payment of judgments against the university, its schools, colleges, departments, and hospitals and against its regents, officers, employees, agents, and students for whom the defense of an action, claim, or proceeding has been provided pursuant to RCW 28B.20.250.
(b) The payment of claims against the university, its schools, colleges, departments, and hospitals and against its regents, officers, employees, agents, and students for whom the defense of an action, claim, or proceeding has been provided pursuant to RCW 28B.20.250: PROVIDED, That payment of claims in excess of twenty-five ((hundred)) thousand dollars must be approved by the state attorney general.
(c) For the cost of investigation, administration, and defense of actions, claims, or proceedings, and other purposes essential to its liability program.
(2) Said self-insurance revolving fund shall consist of periodic payments by the University of Washington from any source available to it in such amounts as are deemed reasonably necessary to maintain the fund at levels adequate to provide for the anticipated cost of payments of incurred claims and other costs to be charged against the fund.
(3) No money shall be paid from the self-insurance revolving fund unless first approved by the board of regents, and unless all proceeds available to the claimant from any valid and collectible liability insurance shall have been exhausted.
(((4) The state investment board shall invest moneys in the self-insurance revolving fund. Moneys invested by the investment board shall be invested in accordance with RCW 43.84.150.))
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
Renumber the sections consecutively, correct any internal references accordingly, and correct the title.
Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Lambert; Linville; Mastin; McMorris; Parlette; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Gombosky, Benson, Carlson, Chopp, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Lambert, Linville, Mastin, McMorris, Parlette, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Excused: Representatives Doumit, Cody, Kessler, Lisk and Poulsen.
Passed to Rules Committee for second reading.
April 5, 1997
SSB 5965 Prime Sponsor, Committee on Commerce & Labor: Providing for changes in agency experience ratings for industrial insurance. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Commerce & Labor. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Passed to Rules Committee for second reading.
April 5, 1997
2SSB 6002 Prime Sponsor, Committee on Ways & Means: Supervising mentally ill offenders. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended by Committee on Criminal Justice & Corrections. Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.
Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.
Passed to Rules Committee for second reading.
There being no objection, the bills listed on the day's committee reports under the fifth order of business were referred to the committees so designated.
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the House adjourned until 9:00 a.m., Tuesday, April 8, 1997.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk
1007 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1016 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1061 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1064 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1089 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1124 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1162
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1166 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1171 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1188
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1189
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1241
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1249 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1251 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1288
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1400
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1420
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1590
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1609
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1658 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1777
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
1777 (2nd Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
1799 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1821
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
1850
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2214
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2251
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2264
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2272
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2276
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2279
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5002 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5056 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5105 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5111
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5121 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5127 (2nd Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5146 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5157 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5177 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5179 (2nd Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
5195
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
5218 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5220
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
5221
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
5229
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
5230 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
5290 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
5327 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
5334 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
5341 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
5359 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
5383
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
5394 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
5395
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
5434
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
5448
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
5452
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
5470 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
5472 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
5505 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
5508 (2nd Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
5574 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
5590
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
5637
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
5668 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
5669
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
5715 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
5727 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
5736
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
5759 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
5768 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
5785 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
5804
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
5838 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
5927 (2nd Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
5954
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
5965 (Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
6002 (2nd Sub)
Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66