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ONE HUNDREDTH DAY
MORNING SESSION
House Chamber, Olympia, Tuesday, April 22, 1997
The House was called to order at 9:00 a.m. by the Speaker (Representative Pennington presiding). The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Crystal Carnell and Lindsay Gates. Prayer was offered by Pastor Wayne Lobaugh.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
Paul Hemel, a second grade student at Cascade Christian School (Spanaway branch) recited the Declaration of Independence. Paul was joined at the rostrum by his parents, Joe and Carol Hemel of Eatonville.
RESOLUTION
HOUSE RESOLUTION NO. 97-4645, by Representatives Romero, Wolfe, Alexander and DeBolt
WHEREAS, KGY Radio is one of the Northwest's oldest radio stations and is celebrating its seventy-fifth anniversary this year; and
WHEREAS, On April 4, 1922, the KGY call letters were issued to Father Sebastian Ruth, OSB, a Benedictine monk who taught at Saint Martin's College early in this century; and
WHEREAS, Father Sebastian thus received only the one hundred tenth set of call letters issued in the United States; and
WHEREAS, The first three years of KGY programming were aired from a shack on Saint Martin's campus; and
WHEREAS, After moving several times over the years, KGY settled into its current state-of-the-art facilities on the Olympia waterfront in 1960; and
WHEREAS, Newspaper person Sam Crawford began his sixteen-year tenure with the radio station in 1932 and pioneered radio news casting in the region; and
WHEREAS, KGY's Archie Taft owned the station for a time in its early years and pioneered election coverage in the south Puget Sound region; and
WHEREAS, Olympia native Tom Olsen, who purchased the radio station in 1939, was a charter member of the Washington State Association of Broadcasters and helped organize the state's first wire service; and
WHEREAS, The late Mr. Olsen's daughter, Barbara Kerry, owns KGY AM/FM today; and
WHEREAS, KGY Radio is known for its thorough regional news coverage, as well as for its attention to local and professional sports; and
WHEREAS, KGY has provided wonderful local programming, live music, including a drive-in broadcasting studio, and a recording venue for the Fleetwoods, Olympia's own rock-n-roll legends; and
WHEREAS, Dick Pust, who started his storied KGY career in 1959, is a legend in broadcasting the likes of which are seldom seen; and
WHEREAS, This pioneer radio station is a tremendous asset to the region and a wonderful example for other media outlets to follow;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives salutes KGY Radio and the continuing radio excellence of its staff and management today, as well as the radio excellence of the many men and women who have called KGY Radio home in years past; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to KGY President Barbara Kerry and to her team of radio professionals at KGY Radio.
Representative Romero moved the adoption of the resolution
Representatives Romero, Alexander and Sheldon spoke in favor of the adoption of the resolution.
House Resolution No. 4645 was adopted.
The Speaker (Representative Pennington presiding) introduced Barbara Kerry and staff of the KGY Radio station.
MESSAGES FROM THE SENATE
April 21, 1997
Mr. Speaker:
The Senate has concurred in the House amendment(s) and has passed the following bills as amended by the House:
SUBSTITUTE SENATE BILL NO. 5003,
SUBSTITUTE SENATE BILL NO. 5028,
SUBSTITUTE SENATE BILL NO. 5077,
SUBSTITUTE SENATE BILL NO. 5079,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5105,
SUBSTITUTE SENATE BILL NO. 5119,
SUBSTITUTE SENATE BILL NO. 5173,
SUBSTITUTE SENATE BILL NO. 5177,
SUBSTITUTE SENATE BILL NO. 5218,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5273,
SUBSTITUTE SENATE BILL NO. 5337,
SUBSTITUTE SENATE BILL NO. 5341,
SUBSTITUTE SENATE BILL NO. 5359,
SUBSTITUTE SENATE BILL NO. 5445,
SUBSTITUTE SENATE BILL NO. 5483,
SUBSTITUTE SENATE BILL NO. 5512,
SUBSTITUTE SENATE BILL NO. 5539,
SUBSTITUTE SENATE BILL NO. 5563,
SUBSTITUTE SENATE BILL NO. 5715,
SUBSTITUTE SENATE BILL NO. 5750,
ENGROSSED SENATE BILL NO. 5954,
SUBSTITUTE SENATE BILL NO. 5965,
SUBSTITUTE SENATE BILL NO. 6022,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
April 21, 1997
Mr. Speaker:
The Senate has concurred in the House amendment(s) and has passed the following bills as amended by the House:
ENGROSSED SENATE BILL NO. 5514,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
April 22, 1997
Mr. Speaker:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 1008,
SUBSTITUTE HOUSE BILL NO. 1166,
SUBSTITUTE HOUSE BILL NO. 1190,
SUBSTITUTE HOUSE BILL NO. 1235,
SUBSTITUTE HOUSE BILL NO. 1325,
HOUSE JOINT RESOLUTION NO. 4208,
and the same are herewith transmitted.
Mike O’Connell, Secretary
There being no objection, the House to the seventh order of business.
MOTION
On motion by Representatives Wensman and Wood, Representatives Dyer and Murray were excused.
THIRD READING
SENATE AMENDMENTS TO HOUSE BILL
April 14, 1997
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 1330 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 51.14.020 and 1995 c 31 s 1 are each amended to read as follows:
(1) An employer may qualify as a self-insurer by establishing to the director's satisfaction that he or she has sufficient financial ability to make certain the prompt payment of all compensation under this title and all assessments which may become due from such employer. Each application for certification as a self-insurer submitted by an employer shall be accompanied by payment of a fee of one hundred fifty dollars or such larger sum as the director shall find necessary for the administrative costs of evaluation of the applicant's qualifications. Any employer who has formerly been certified as a self-insurer and thereafter ceases to be so certified may not apply for certification within three years of ceasing to have been so certified.
(2)(a) A self-insurer may be required by the director to supplement existing financial ability by depositing in an escrow account in a depository designated by the director, money and/or corporate or governmental securities approved by the director, or a surety bond written by any company admitted to transact surety business in this state, or provide an irrevocable letter of credit issued by a federally or state chartered commercial banking institution authorized to conduct business in the state of Washington filed with the department. The money, securities, bond, or letter of credit shall be in an amount reasonably sufficient in the director's discretion to insure payment of reasonably foreseeable compensation and assessments but not less than the employer's normal expected annual claim liabilities and in no event less than one hundred thousand dollars. In arriving at the amount of money, securities, bond, or letter of credit required under this subsection, the director shall take into consideration the financial ability of the employer to pay compensation and assessments and his or her probable continuity of operation. However, a letter of credit shall be acceptable only if the self-insurer has a net worth of not less than five hundred million dollars as evidenced in an annual financial statement prepared by a qualified, independent auditor using generally accepted accounting principles. The money, securities, bond, or letter of credit so deposited shall be held by the director solely for the payment of compensation by the self-insurer and his or her assessments. In the event of default the self-insurer loses all right and title to, any interest in, and any right to control the surety. The amount of surety may be increased or decreased from time to time by the director. The income from any securities deposited may be distributed currently to the self-insurer.
(b) The letter of credit option authorized in (a) of this subsection shall not apply to self-insurers authorized under RCW 51.14.150 or to self-insurers who are counties, cities, or municipal corporations.
(3) Securities or money deposited by an employer pursuant to subsection (2) of this section shall be returned to him or her upon his or her written request provided the employer files the bond required by such subsection.
(4) If the employer seeking to qualify as a self-insurer has previously insured with the state fund, the director shall require the employer to make up his or her proper share of any deficit or insufficiency in the state fund as a condition to certification as a self-insurer.
(5) A self-insurer may reinsure a portion of his or her liability under this title with any reinsurer authorized to transact such reinsurance in this state: PROVIDED, That the reinsurer may not participate in the administration of the responsibilities of the self-insurer under this title. Until July 1, 2001, subsidiary companies, holding companies, or affiliated legal entities of the reinsurer not involved in providing reinsurance shall be allowed to participate in the administration of the responsibilities of the self-insurer under this title. Such reinsurance may not exceed eighty percent of the liabilities under this title.
(6) For purposes of the application of this section, the department may adopt separate rules establishing the security requirements applicable to units of local government. In setting such requirements, the department shall take into consideration the ability of the governmental unit to meet its self-insured obligations, such as but not limited to source of funds, permanency, and right of default.
(7) The director shall adopt rules to carry out the purposes of this section including, but not limited to, rules respecting the terms and conditions of letters of credit and the establishment of the appropriate level of net worth of the self-insurer to qualify for use of the letter of credit. Only letters of credit issued in strict compliance with the rules shall be deemed acceptable.
NEW SECTION. Sec. 2. A new section is added to chapter 51.14 RCW to read as follows:
(1) Self-insurers shall report to the department any attempt by a reinsurer to participate in the administration of the responsibilities of the self-insurer under this title.
(2) The department shall conduct a study of self-insurers' adjudication outcomes, claims management practices, and other appropriate outcomes and practices. The study shall compare outcomes and practices of self-insurers who use the services of reinsurers and administrators that are affiliated to those of self-insurers who use the services of unaffiliated reinsurers and administrators, as well as to the outcomes and practices of the department. The department shall report the results of the study to the legislature by January 1, 2000.
(3) The department shall adopt rules to implement this act.
(4) This section expires July 1, 2001."
On page 1, line 2 of the title, after "insurers;" strike the remainder of the title and insert "amending RCW 51.14.020; adding a new section to chapter 51.14 RCW; and providing an expiration date."
and the same are herewith transmitted.
SUSAN CARLSON, DEPUTY Secretary
There being no objection, the House concurred in the Senate amendments to House Bill No. 1330, and advanced the bill as amended by the Senate to Final Passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of House Bill No. 1330 as amended by the Senate.
Representatives L. Thomas and Smith spoke in favor of passage of the bill.
Representatives Keiser and Conway spoke against passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1330 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 54, Nays - 42, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 54.
Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, O'Brien, Ogden, Poulsen, Quall, Regala, Robertson, Romero, Scott, Sommers, H., Sterk, Sullivan, Tokuda, Veloria, Wolfe and Wood - 42.
Excused: Representatives Dyer and Murray - 2.
House Bill No. 1330, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 17, 1997
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1592 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that encouraging water districts to better manage state water resources and encouraging satellite management of failing water systems is in the best interests of the people of Washington state. Continual updates of water quantity and quality, as mandated by federal and state agencies, have revealed that degradation of water quality exists in small water systems throughout the state and that satellite management and consolidation of small systems under a centralized management structure can best utilize existing resources available to assure safe, clean drinking water. The legislature further finds that costs involved in upgrading these small systems can be extremely burdensome to water customers and public water purveyors. With diminishing resources available to these small systems, the legislature finds that granting business and occupation and excise tax relief, under certain conditions, will assist smaller water districts to meet state and federal standards.
NEW SECTION. Sec. 2. A new section is added to chapter 82.04 RCW to read as follows:
(1) This chapter does not apply to amounts received for water services supplied by a water-sewer district established under Title 57 RCW that has been certified by the department of health as:
(a) Having less than one thousand five hundred connections; and
(b) Charging residential water rates that exceed one hundred twenty-five percent of the state-wide average water rate.
(2) This chapter does not apply to amounts received for water services supplied by a water system that has been certified by the department of health as:
(a) Being operated or owned by a qualified satellite management agency under RCW 70.116.134;
(b) Having less than two hundred connections; and
(c) Charging residential water rates that exceed one hundred twenty-five percent of the state-wide average water rate.
(3) To receive an exemption under this section, the water system shall supply to the department of health proof that an amount equal to at least 90 percent of the value of the exemption shall be expended to repair, equip, maintain, and upgrade the water system.
(4) The department of health shall certify to the department of revenue the eligibility of water districts and water systems under this section. In order to determine eligibility, the department of health may use rate information provided in surveys and reports produced by the association of Washington cities, an association of elected officials, or other municipal association to estimate a state-wide average residential water rate. The department of health shall update the estimated state-wide average residential water rate by July 1 of each year that this section remains in effect.
(5) This section expires July 1, 2003.
NEW SECTION. Sec. 3. A new section is added to chapter 82.16 RCW to read as follows:
(1) This chapter does not apply to amounts received for water services supplied by a water-sewer district established under Title 57 RCW that has been certified by the department of health as:
(a) Having less than one thousand five hundred connections; and
(b) Charging residential water rates that exceed one hundred twenty-five percent of the state-wide average water rate.
(2) This chapter does not apply to amounts received for water services supplied by a water system that has been certified by the department of health as:
(a) Being operated or owned by a qualified satellite management agency under RCW 70.116.134;
(b) Having less than two hundred connections; and
(c) Charging residential water rates that exceed one hundred twenty-five percent of the state-wide average water rate.
(3) To receive an exemption under this section, the water system shall supply to the department of health proof that an amount equal to at least 90 percent of the value of the exemption shall be expended to repair, equip, maintain, and upgrade the water system.
(4) The department of health shall certify to the department of revenue the eligibility of water districts and water systems under this section. In order to determine eligibility, the department of health may use rate information provided in surveys and reports produced by the association of Washington cities, an association of elected officials, or other municipal association to estimate a state-wide average residential water rate. The department of health shall update the estimated state-wide average residential water rate by July 1 of each year that this section remains in effect.
(5) This section expires July 1, 2003."
On page 1, line 2 of the title, after "systems;" strike the remainder of the title and insert "adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.16 RCW; creating a new section; and providing expiration dates."
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House concurred in the Senate amendments to Substitute House Bill No. 1592, and advanced the bill as amended by the Senate to Final Passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1592 as amended by the Senate.
Representatives Bush and Kastama spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1592 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Murray - 1.
Substitute House Bill No. 1592, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 16, 1997
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1425 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 39.10.020 and 1994 c 132 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Alternative public works contracting procedure" means the design-build and the general contractor/construction manager contracting procedures authorized in RCW 39.10.050 and 39.10.060, respectively.
(2) "Public body" means the state department of general administration; the University of Washington; Washington State University; every city with a population greater than one hundred fifty thousand; every city authorized to use the design-build procedure for a water system demonstration project under section 5(3) of this act; every county with a population greater than four hundred fifty thousand; and every port district with a population greater than five hundred thousand.
(3) "Public works project" means any work for a public body within the definition of the term public work in RCW 39.04.010.
Sec. 2. RCW 39.10.030 and 1994 c 132 s 3 are each amended to read as follows:
(1) An alternative public works contracting procedure authorized under this chapter may be used for a specific public works project only after a public body determines that use of the alternative procedure will serve the public interest by providing a substantial fiscal benefit, or that use of the traditional method of awarding contracts in lump sum to the low responsive bidder is not practical for meeting desired quality standards or delivery schedules.
(2) Whenever a public body determines to use one of the alternative public works contracting procedures authorized under this chapter for a public works project, it shall first ensure adequate public notification and opportunity for public review and comment ((as follows:)) by implementing the public hearing procedure under (a) of this subsection or the written public comment procedure under (b) of this subsection.
(a) Public hearing procedure:
(i) The public body shall conduct a public hearing to receive public comment on its preliminary determination to use the alternative public works contracting procedure. At least twenty days before the public hearing, the public body shall cause notice of such hearing to be published at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public work will be done. The notice shall clearly describe the proposed project and the preliminary determination to use the alternative public works contracting procedure. The notice shall also indicate when, where, and how persons may present their comments on the preliminary determination, and where persons may obtain additional written information describing the project.
(((b))) (ii) The public body shall summarize in a written statement its reasons for using the alternative public works contracting procedure. This statement, along with other relevant information describing the project, shall be made available upon request to interested parties at least twenty days before the public hearing.
(((c))) (iii) The public body shall receive and record both written and oral comments concerning the preliminary determination at the public hearing.
(b) Written public comment procedure:
(i) The public body shall establish a thirty-day public comment period to receive public comment on its preliminary determination to use the alternative public works contracting procedure. At least seven days before the beginning of the public comment period, the public body shall cause notice of the public comment period to be published at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public work will be done. The notice shall clearly describe the proposed project and the preliminary determination to use the alternative public works contracting procedure. The notice shall also indicate when, where, and how persons may submit their written comments on the preliminary determination, where persons may obtain additional written information describing the project, and the date, time, and location of the public hearing that shall be conducted under (b)(iv) of this subsection if significant adverse written comments are received by the public body.
(ii) The public body shall summarize in a written statement its reasons for using the alternative public works contracting procedure. This statement, along with other relevant information describing the project, shall be made available upon request to interested parties at least seven days before the beginning of the public comment period.
(iii) The public body shall receive written comments concerning the preliminary determination during the public comment period.
(iv) If the public body finds that it has received significant adverse comments relating to the use of the alternative public works contracting procedure, the public body shall conduct a public hearing to receive additional oral and written public comments on its preliminary determination to use the alternative public works contracting procedure. The public hearing shall be held on the date and at the time and location specified in the public notice published under (b)(i) of this subsection. At least seven days before the public hearing, the public body shall provide notice of the hearing to each person who has submitted written comments, and cause a notice of the hearing to be published at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public work will be done.
(v) The public body shall receive and record written and oral comments concerning the preliminary determination at the public hearing.
(3) Final determinations to use an alternative public works contracting procedure may be made only by the legislative or governing authority of the public body, or, in the case of state agencies, by the agency director or chief administrative officer. Final determinations shall be accompanied by a concise statement of the principal reasons for overruling any considerations urged against the determination. Final determinations are subject to appeal to superior court within thirty days of the determination, provided that notice of such appeal shall be provided to the public body within seven days of the determination. The court may award reasonable attorneys' fees to the prevailing party.
(4) Following completion of a public works project using one of the alternative public works contracting procedures under this chapter, a report shall be submitted to the legislative or governing authority of the public body reviewing the utilization and performance of the alternative public works contracting procedure. Such report shall be made available to the public.
Sec. 3. RCW 39.10.050 and 1994 c 132 s 5 are each amended to read as follows:
(1) Notwithstanding any other provision of law, and after complying with RCW 39.10.030, the following public bodies may utilize the design-build procedure of public works contracting for public works projects authorized under this section: The state department of general administration; the University of Washington; Washington State University; every city with a population greater than one hundred fifty thousand; ((and)) every county with a population greater than four hundred fifty thousand; and every port district with a population greater than five hundred thousand. The authority granted to port districts in this section is in addition to and does not affect existing contracting authority under RCW 53.08.120 and 53.08.130. For the purposes of this section, "design-build procedure" means a contract between a public body and another party in which the party agrees to both design and build the ((structure,)) facility, portion of the facility, or other item specified in the contract.
(2) Public bodies authorized under this section may utilize the design-build procedure for public works projects valued over ten million dollars where:
(a) The construction activities or technologies to be used are highly specialized and a design-build approach is critical in developing the construction methodology or implementing the proposed technology;
(b) The project design is repetitive in nature and is an incidental part of the installation or construction; or
(c) ((The program elements of the project design are simple and do not involve complex functional interrelationships)) Regular interaction with and feedback from facilities users and operators during design is not critical to an effective facility design.
(3) ((The state department of general administration may use the design-build procedure authorized in subsection (2)(c) of this section for one project)) Public bodies authorized under this section may also use the design-build procedure for the following projects that meet the criteria in subsection (2)(b) and (c) of this section:
(a) The construction or erection of preengineered metal buildings or prefabricated modular buildings, regardless of cost; or
(b) The construction of new student housing projects valued over five million dollars.
(4) Contracts for design-build services shall be awarded through a competitive process utilizing public solicitation of proposals for design-build services. The public body shall publish at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which the public work will be done, a notice of its request for proposals for design-build services and the availability and location of the request for proposal documents. The request for proposal documents shall include:
(a) A detailed description of the project including programmatic, performance, and technical requirements and specifications, functional and operational elements, ((and)) minimum and maximum net and gross areas of any building, and, at the discretion of the public body, preliminary engineering and architectural drawings;
(b) The reasons for using the design-build procedure;
(c) A description of the qualifications((, if any,)) to be required of the proposer including, but not limited to, submission of the proposer's accident prevention program;
(d) A description of the process the public body will use to evaluate qualifications and proposals, including evaluation factors and the relative weight of factors. Evaluation factors shall include, but not be limited to: Proposal price; ability of professional personnel; past performance on similar projects; ability to meet time and budget requirements; ability to provide a performance and payment bond for the project; recent, current, and projected work loads of the firm; location; and the concept of the proposal;
(e) The form of the contract to be awarded;
(f) The maximum allowable construction cost and minority and women enterprise total project goals;
(g) The amount to be paid to finalists submitting best and final proposals who are not awarded a design-build contract; and
(h) Other information relevant to the project.
(5) The public body shall establish a committee to evaluate the proposals based on the factors, weighting, and process identified in the request for proposals. Based on its evaluation, the public body shall select not fewer than three nor more than five finalists to submit best and final proposals. The public body may, in its sole discretion, reject all proposals. Design-build contracts shall be awarded using the procedures in (a) or (b) of this subsection.
(a) Best and final proposals shall be evaluated and scored based on the factors, weighting, and process identified in the initial request for proposals. The public body may score the proposals using a system that measures the quality and technical merits of the proposal on a unit price basis. Final proposals may not be considered if the proposal cost is greater than the maximum allowable construction cost identified in the initial request for proposals. (((6))) The public body shall initiate negotiations with the firm submitting the highest scored best and final proposal. If the public body is unable to execute a contract with ((that)) the firm submitting the highest scored best and final proposal, negotiations with that firm may be suspended or terminated and the public body may proceed to negotiate with the next highest scored firm. Public bodies shall continue in accordance with this procedure until a contract agreement is reached or the selection process is terminated. ((The public body may, in its sole discretion, reject all proposals.))
(b) If the public body determines that all finalists are capable of producing plans and specifications that adequately meet project requirements, the public body may award the contract to the firm that submits the responsive best and final proposal with the lowest price.
(6) The ((finalist)) firm awarded the contract shall provide a performance and payment bond for the contracted amount. The public body shall provide appropriate honorarium payments to finalists submitting best and final proposals who are not awarded a design-build contract. Honorarium payments shall be sufficient to generate meaningful competition among potential proposers on design-build projects.
Sec. 4. RCW 39.10.060 and 1996 c 18 s 6 are each amended to read as follows:
(1) Notwithstanding any other provision of law, and after complying with RCW 39.10.030, the following public bodies may utilize the general contractor/construction manager procedure of public works contracting for public works projects authorized under subsection (2) of this section: The state department of general administration; the University of Washington; Washington State University; every city with a population greater than one hundred fifty thousand; every county with a population greater than four hundred fifty thousand; and every port district with a population greater than five hundred thousand. For the purposes of this section, "general contractor/construction manager" means a firm with which a public body has selected and negotiated a maximum allowable construction cost to be guaranteed by the firm, after competitive selection through formal advertisement and competitive bids, to provide services during the design phase that may include life-cycle cost design considerations, value engineering, scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing of work, and to act as the construction manager and general contractor during the construction phase.
(2) Public bodies authorized under this section may utilize the general contractor/construction manager procedure for public works projects valued over ten million dollars where:
(a) Implementation of the project involves complex scheduling requirements;
(b) The project involves construction at an existing facility which must continue to operate during construction; or
(c) The involvement of the general contractor/construction manager during the design stage is critical to the success of the project.
(3) Public bodies should select general contractor/construction managers early in the life of public works projects, and in most situations no later than the completion of schematic design.
(4) Contracts for the services of a general contractor/construction manager under this section shall be awarded through a competitive process requiring the public solicitation of proposals for general contractor/construction manager services. ((Minority and women business enterprise total project goals shall be specified in)) The public solicitation of proposals shall include: A description of the project, including programmatic, performance, and technical requirements and specifications when available; the reasons for using the general contractor/construction manager procedure; a description of the qualifications to be required of the proposer, including submission of the proposer's accident prevention program; a description of the process the public body will use to evaluate qualifications and proposals, including evaluation factors and the relative weight of factors; the form of the contract to be awarded; the estimated maximum allowable construction cost; minority and women business enterprise total project goals, where applicable; and the bid instructions to be used by the general contractor/construction manager finalists. ((A public body is authorized to include an incentive clause in any contract awarded under this section for savings of either time or cost or both from that originally negotiated. No incentives granted shall exceed five percent of the maximum allowable construction cost.)) Evaluation factors shall include, but not be limited to: Ability of professional personnel, past performance in negotiated and complex projects, and ability to meet time and budget requirements; location; recent, current, and projected work loads of the firm; and the concept of their proposal. A public body shall establish a committee to evaluate the proposals ((considering such factors as: Ability of professional personnel; past performance in negotiated and complex projects; ability to meet time and budget requirements; location; recent, current, and projected work loads of the firm; and the concept of their proposal)). After the committee has selected the most qualified finalists, these finalists shall submit final proposals, including sealed bids for the percent fee, which is the percentage amount to be earned by the general contractor/construction manager as overhead and profit, on the estimated maximum allowable construction cost and the fixed amount for the detailed specified general conditions work. The public body shall select the firm submitting the highest scored final proposal using the evaluation factors and the relative weight of factors published in the public solicitation of proposals.
(5) The maximum allowable construction cost may be negotiated between the public body and the selected firm after the scope of the project is adequately determined to establish a guaranteed contract cost for which the general contractor/construction manager will provide a performance and payment bond. The guaranteed contract cost includes the fixed amount for the detailed specified general conditions work, the negotiated maximum allowable construction cost, the percent fee on the negotiated maximum allowable construction cost, and sales tax. If the public body is unable to negotiate a satisfactory maximum allowable construction cost with the firm selected that the public body determines to be fair, reasonable, and within the available funds, negotiations with that firm shall be formally terminated and the public body shall negotiate with the next ((low bidder)) highest scored firm and continue until an agreement is reached or the process is terminated. If the maximum allowable construction cost varies more than fifteen percent from the bid estimated maximum allowable construction cost due to requested and approved changes in the scope by the public body, the percent fee shall be renegotiated.
(6) All subcontract work shall be competitively bid with public bid openings. ((Specific contract requirements for women and minority enterprise participation shall be specified in each subcontract bid package that exceeds ten percent of the public body's estimated project cost.)) Subcontract work shall not be issued for bid until the public body has approved, in consultation with the office of minority and women's business enterprises or the equivalent local agency, a plan prepared by the general contractor/construction manager for attaining applicable minority and women business enterprise total project goals that equitably spreads women and minority enterprise opportunities to as many firms in as many bid packages as is practicable. When critical to the successful completion of a subcontractor bid package the owner and general contractor/construction manager may evaluate for bidding eligibility a subcontractor's ability, time, budget, and specification requirements based on the subcontractor's performance of those items on previous projects. Subcontract bid packages shall be awarded to the responsible bidder submitting the low responsive bid. The requirements of RCW 39.30.060 apply to each subcontract bid package. All subcontractors who bid work over ((two)) three hundred thousand dollars shall post a bid bond and all subcontractors who are awarded a contract over ((two)) three hundred thousand dollars shall provide a performance and payment bond for their contract amount. All other subcontractors shall provide a performance and payment bond if required by the general contractor/construction manager. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project. ((All other subcontractors shall provide a performance and payment bond if required by the general contractor/construction manager.)) Except as provided for under subsection (7) of this section, bidding on subcontract work by the general contractor/construction manager or its subsidiaries is prohibited. The general contractor/construction manager may negotiate with the low-responsive bidder in accordance with RCW 39.10.080 or, if unsuccessful in such negotiations, rebid.
(((4))) (7) The general contractor/construction manager, or its subsidiaries, may bid on subcontract work on projects valued over twenty million dollars if:
(a) The work within the subcontract bid package is customarily performed by the general contractor/construction manager;
(b) The bid opening is managed by the public body; and
(c) Notification of the general contractor/construction manager's intention to bid is included in the public solicitation of bids for the bid package.
In no event may the value of subcontract work performed by the general contractor/construction manager exceed twenty percent of the negotiated maximum allowable construction cost.
(8) A public body may include an incentive clause in any contract awarded under this section for savings of either time or cost or both from that originally negotiated. No incentives granted may exceed five percent of the maximum allowable construction cost. If the project is completed for less than the agreed upon maximum allowable construction cost, any savings not otherwise negotiated as part of an incentive clause shall accrue to the public body. If the project is completed for more than the agreed upon maximum allowable construction cost, excepting increases due to any contract change orders approved by the public body, the additional cost shall be the responsibility of the general contractor/construction manager.
NEW SECTION. Sec. 5. A new section is added to chapter 39.10 RCW to read as follows:
(1) In addition to the projects authorized in RCW 39.10.050 and 39.10.060, public bodies may use the general contractor/construction manager or design-build procedure for demonstration projects valued between three million dollars and ten million dollars as follows:
(a) Three demonstration projects by the department of general administration; and
(b) One demonstration project by each of the public bodies authorized in RCW 39.10.020(2) other than the department of general administration.
(2) Public bodies shall give weight to proposers' experience working on projects valued between three million dollars and ten million dollars in the evaluation process for the selection of a general contractor/construction manager or design-build firm for demonstration projects authorized in subsection (1) of this section.
(3) Cities which supply water to over three hundred fifty thousand people may use the design-build procedure for one water system demonstration project valued over ten million dollars. Use of the design-build procedure shall be deemed to effect compliance with the requirement for competitive bids under RCW 43.155.060.
(4) All contracts authorized under this section must be entered into before July 1, 1999.
(5) In the event that a public body determines not to perform a demonstration project using its authority under this section, it may transfer its authority to another public body.
Sec. 6. RCW 39.10.110 and 1994 c 132 s 11 are each amended to read as follows:
(1) There is established a temporary independent oversight committee to review the utilization of the alternative public works contracting procedures authorized under this chapter ((and)), to evaluate potential future utilization of other alternative contracting procedures, including, but not limited to, contractor prequalification, and, if desired by the committee, to review traditional public works contracting procedures used by state agencies and municipalities. The committee shall also pursue the development of a mentoring program for expansion of the authorities in this chapter to other public bodies. The membership of the committee shall include: Two members of the house of representatives, one from each major caucus, appointed by the speaker of the house of representatives; two members of the senate, one from each major caucus, appointed by the president of the senate; representatives from the appropriate segments of the construction, contracting, subcontracting, and design industries, appointed by the governor; representatives from appropriate labor organizations, appointed by the governor; representatives from public bodies authorized to use the alternative public works contracting procedures under this chapter, appointed by the governor; a representative from the office of minority and women's business enterprises, appointed by the governor; and a representative from the office of financial management, appointed by the governor. The governor shall maintain a balance between representatives from public agencies and the private sector when appointing members to the committee, and shall consider the recommendations of the established organizations representing the construction, contracting, subcontracting, and design industries and organized labor in making the industry and labor appointments ((to the committee)).
(2) The committee shall meet ((quarterly)) beginning after July 1, 1994. ((At the first meeting of the committee,)) A chair or cochairs shall be selected from among the committee's membership. Staff support for the committee shall be provided by the agencies and organizations represented on the committee.
(3) Public bodies utilizing the alternative contracting procedures authorized under this chapter shall provide any requested information concerning implementation of projects under this chapter to the committee in a timely manner, excepting any trade secrets or proprietary information.
(4) The committee shall report to the appropriate standing committees of the legislature by December 10, ((1996)) 2000, concerning its findings and recommendations.
Sec. 7. RCW 39.10.120 and 1995 3rd sp.s. c 1 s 305 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the alternative public works contracting procedures authorized under this chapter are limited to public works contracts signed before July 1, ((1997)) 2001. Methods of public works contracting authorized by RCW 39.10.050 and 39.10.060 shall remain in full force and effect until completion of contracts signed before July 1, ((1997)) 2001.
(2) For the purposes of a baseball stadium as defined in RCW 82.14.0485, the design-build contracting procedures under RCW 39.10.050 shall remain in full force and effect until completion of contracts signed before December 31, 1997.
Sec. 8. RCW 39.10.902 and 1995 3rd sp.s. c 1 s 306 are each amended to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, ((1997)) 2001:
(1) RCW 39.10.010 and 1994 c 132 s 1;
(2) RCW 39.10.020 and 1994 c 132 s 2;
(3) RCW 39.10.030 and 1994 c 132 s 3;
(4) RCW 39.10.040 and 1994 c 132 s 4;
(5) RCW 39.10.050 and 1994 c 132 s 5;
(6) RCW 39.10.060 and 1994 c 132 s 6;
(7) RCW 39.10.--- and 1997 c . . . s 5 (section 5 of this act);
(8) RCW 39.10.070 and 1994 c 132 s 7;
(((8))) (9) RCW 39.10.080 and 1994 c 132 s 8;
(((9))) (10) RCW 39.10.090 and 1994 c 132 s 9;
(((10))) (11) RCW 39.10.100 and 1994 c 132 s 10;
(((11))) (12) RCW 39.10.110 and 1994 c 132 s 11;
(((12))) (13) RCW 39.10.900 and 1994 c 132 s 13;
(((13))) (14) RCW 39.10.901 and 1994 c 132 s 14; and
(((14))) (15) RCW 39.10.902 and 1994 c 132 s 15.
NEW SECTION. Sec. 9. 1996 c 18 s 17 (uncodified) is repealed.
NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
On page 1, line 1 of the title, after "procedures;" strike the remainder of the title and insert "amending RCW 39.10.020, 39.10.030, 39.10.050, 39.10.060, 39.10.110, 39.10.120, and 39.10.902; adding a new section to chapter 39.10 RCW; repealing 1996 c 18 s 17 (uncodified); providing an effective date; and declaring an emergency."
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House concurred in the Senate amendments to Substitute House Bill No. 1425, and advanced the bill as amended by the Senate to Final Passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1425 as amended by the Senate.
Representatives D. Schmidt and Ogden spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1425 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 4, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.
Voting nay: Representatives Blalock, Constantine, Keiser and Poulsen - 4.
Excused: Representative Murray - 1.
Substitute House Bill No. 1425, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
Mr. Speaker: April 18, 1997
The Senate has passed HOUSE BILL NO. 1439 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 84.40.038 and 1994 c 123 s 4 are each amended to read as follows:
(1) The owner or person responsible for payment of taxes on any property may petition the county board of equalization for a change in the assessed valuation placed upon such property by the county assessor. Such petition must be made on forms prescribed or approved by the department of revenue and any petition not conforming to those requirements or not properly completed shall not be considered by the board. The petition must be filed with the board on or before July 1st of the year of the assessment ((or)), within thirty days after the date an assessment or value change notice has been mailed, or within a time limit of up to sixty days adopted by the county legislative authority, whichever is later. If a county legislative authority sets a time limit, the authority may not change the limit for three years from the adoption of the limit.
(2) The board of equalization may waive the filing deadline if the petition is filed within a reasonable time after the filing deadline and the petitioner shows good cause for the late filing. The decision of the board of equalization regarding a waiver of the filing deadline is final and not appealable under RCW 84.08.130. Good cause may be shown by one or more of the following events or circumstances:
(a) Death or serious illness of the taxpayer or his or her immediate family;
(b) The taxpayer was absent from the address where the taxpayer normally receives the assessment or value change notice, was absent for more than fifteen days of the ((thirty)) days ((prior to)) allowed in subsection (1) of this section before the filing deadline, and the filing deadline is after July 1;
(c) Incorrect written advice regarding filing requirements received from board of equalization staff, county assessor's staff, or staff of the property tax advisor designated under RCW 84.48.140;
(d) Natural disaster such as flood or earthquake;
(e) Delay or loss related to the delivery of the petition by the postal service, and documented by the postal service; or
(f) Other circumstances as the department may provide by rule.
(3) The owner or person responsible for payment of taxes on any property may request that the appeal be heard by the state board of tax appeals without a hearing by the county board of equalization when the assessor, the owner or person responsible for payment of taxes on the property, and a majority of the county board of equalization agree that a direct appeal to the state board of tax appeals is appropriate. The state board of tax appeals may reject the appeal, in which case the county board of equalization shall consider the appeal under RCW 84.48.010. Notice of such a rejection, together with the reason therefor, shall be provided to the affected parties and the county board of equalization within thirty days of receipt of the direct appeal by the state board."
On page 1, line 3 of the title, after "valuation;" strike the remainder of the title and insert "and amending RCW 84.40.038."
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House concurred in the Senate amendments to House Bill No. 1439, and advanced the bill as amended by the Senate to Final Passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of House Bill No. 1439 as amended by the Senate.
Representatives B. Thomas and Dunshee spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1439 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Murray - 1.
House Bill No. 1439, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 1997
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1771 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 11.88.020 and 1990 c 122 s 3 are each amended to read as follows:
(1) Any suitable person over the age of eighteen years, or any parent under the age of eighteen years or, if the petition is for appointment of a professional guardian, any individual or guardianship service that meets any certification requirements established by the administrator for the courts, may, if not otherwise disqualified, be appointed guardian or limited guardian of the person and/or the estate of an incapacitated person((; any trust company regularly organized under the laws of this state and national banks when authorized so to do may act as guardian or limited guardian of the estate of an incapacitated person; and any nonprofit corporation may act as guardian or limited guardian of the person and/or estate of an incapacitated person if the articles of incorporation or bylaws of such corporation permit such action and such corporation is in compliance with all applicable provisions of Title 24 RCW)). A financial institution subject to the jurisdiction of the department of financial institutions and authorized to exercise trust powers, and a federally chartered financial institution when authorized to do so, may act as a guardian of the estate of an incapacitated person without having to meet the certification requirements established by the administrator for the courts. No person is qualified to serve as a guardian who is
(((1))) (a) under eighteen years of age except as otherwise provided herein;
(((2))) (b) of unsound mind;
(((3))) (c) convicted of a felony or of a misdemeanor involving moral turpitude;
(((4))) (d) a nonresident of this state who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate and caused such appointment to be filed with the court;
(((5))) (e) a corporation not authorized to act as a fiduciary, guardian, or limited guardian in the state;
(((6))) (f) a person whom the court finds unsuitable.
(2) The professional guardian certification requirements required under this section shall not apply to a testamentary guardian appointed under RCW 11.88.080.
NEW SECTION. Sec. 2. A new section is added to chapter 11.88 RCW to read as follows:
As used in this chapter, "professional guardian" means a guardian appointed under this chapter who is not a member of the incapacitated person's family and who charges fees for carrying out the duties of court-appointed guardian of three or more incapacitated persons.
NEW SECTION. Sec. 3. (1) The administrator for the courts shall study, and make recommendations on, standards and criteria for implementing a system of certification of professional guardians as defined in section 2 of this act and improved coordination between guardians and guardians ad litem.
(2) In conducting the study and preparing the recommendations, the administrator may include examination of:
(a) Criteria for certification as a professional guardian;
(b) A fee structure that will make the certification process self-supporting;
(c) Whether persons other than an alleged incapacitated person should be given standing to request a jury trial to determine incapacity;
(d) Whether, following the appointment of a guardian, a guardian ad litem may continue to serve at public expense;
(e) Whether the superior court should have authority to limit fees for attorneys, guardians, and guardians ad litem;
(f) The appropriate entity to certify professional guardians; and
(g) Grounds for discipline of professional guardians.
(3) In conducting the study, the administrator shall consult with the appropriate groups and interested parties including, but not limited to, representatives of senior citizens, members of both chambers of the legislature, the bar association, superior court judges, associations affiliated with persons with developmental and chronic functional disabilities, health care organizations, persons who act as guardians for compensation and on a voluntary basis, and guardians ad litem.
(4) The administrator shall submit the results of the study and recommendations to the governor and legislature not later than January 1, 1998.
NEW SECTION. Sec. 4. Sections 1 and 2 of this act take effect January 1, 1999."
On page 1, line 1 of the title, after "guardians;" strike the remainder of the title and insert "amending RCW 11.88.020; adding a new section to chapter 11.88 RCW; creating a new section; and providing an effective date."
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House concurred in the Senate amendments to Engrossed Substitute House Bill No. 1771, and advanced the bill as amended by the Senate to Final Passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1771 as amended by the Senate.
Representatives Mitchell and Constantine spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1771 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Voting nay: Representative Sherstad - 1.
Excused: Representative Murray - 1.
Engrossed Substitute House Bill No. 1771, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 1997
Mr. Speaker:
The Senate has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1866 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The purpose of this act is to create a voluntary program authorizing environmental excellence program agreements with persons regulated under the environmental laws of the state of Washington, and to direct agencies of the state of Washington to solicit and support the development of agreements that use innovative environmental measures or strategies to achieve environmental results more effectively or efficiently.
Agencies shall encourage environmental excellence program agreements that favor or promote pollution prevention, source reduction, or improvements in practices that are transferable to other interested entities or that can achieve better overall environmental results than required by otherwise applicable rules and requirements.
In enacting this act it is not the intent of the legislature that state environmental standards be applied in a manner that could result in these state standards being waived under section 121 of the federal comprehensive environmental response, compensation, and liability act (42 U.S.C. Sec. 9261).
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "State, regional, or local agency" means an agency, board, department, authority, or commission that administers environmental laws.
(2) "Coordinating agency" means the state, regional, or local agency with the primary regulatory responsibility for the proposed environmental excellence program agreement. If multiple agencies have jurisdiction to administer state environmental laws affected by an environmental excellence agreement, the department of ecology shall designate or act as the coordinating agency.
(3) "Director" means the individual or body of individuals in whom the ultimate legal authority of an agency is vested by any provision of law. If the agency head is a body of individuals, a majority of those individuals constitutes the director.
(4) "Environmental laws" means chapters 43.21A, 70.94, 70.95, 70.105, 70.119A, 75.20, 90.48, 90.52, 90.58, 90.64, and 90.71 RCW, and RCW 90.54.020(3)(b) and rules adopted under those chapters and section. The term environmental laws as used in this chapter does not include any provision of the Revised Code of Washington, or of any municipal ordinance or enactment, that regulates the selection of a location for a new facility.
(5) "Facility" means a site or activity that is regulated under any of the provisions of the environmental laws.
(6) "Legal requirement" includes any provision of an environmental law, rule, order, or permit.
(7) "Sponsor" means the owner or operator of a facility, including a municipal corporation, subject to regulation under the environmental laws of the state of Washington, or an authorized representative of the owner or operator, that submits a proposal for an environmental excellence program agreement.
(8) "Stakeholder" means a person who has a direct interest in the proposed environmental excellence program agreement or who represents a public interest in the proposed environmental excellence program agreement. Stakeholders may include communities near the project, local or state governments, permittees, businesses, environmental and other public interest groups, employees or employee representatives, or other persons.
NEW SECTION. Sec. 3. An environmental excellence program agreement entered into under this chapter must achieve more effective or efficient environmental results than the results that would be otherwise achieved. The basis for comparison shall be a reasonable estimate of the overall impact of the participating facility on the environment in the absence of an environmental excellence program agreement. More effective environmental results are results that are better overall than those that would be achieved under the legal requirements superseded or replaced by the agreement. More efficient environmental results are results that are achieved at reduced cost but do not decrease the overall environmental results achieved by the participating facility. An environmental excellence program agreement may not authorize either (1) the release of water pollutants that will cause to be exceeded, at points of compliance in the ambient environment established pursuant to law, numeric surface water or ground water quality criteria or numeric sediment quality criteria adopted as rules under chapter 90.48 RCW; or (2) the emission of any air contaminants that will cause to be exceeded any air quality standard as defined in RCW 70.94.030(3); or (3) a decrease in the overall environmental results achieved by the participating facility compared with results achieved over a representative period before the date on which the agreement is proposed by the sponsor. However, an environmental excellence program agreement may authorize reasonable increases in the release of pollutants to permit increases in facility production or facility expansion and modification.
NEW SECTION. Sec. 4. (1) The director of a state, regional, or local agency may enter into an environmental excellence program agreement with any sponsor, even if one or more of the terms of the environmental excellence program agreement would be inconsistent with an otherwise applicable legal requirement. An environmental excellence program agreement must meet the requirements of section 3 of this act. Otherwise applicable legal requirements identified according to section 7(1) of this act shall be superseded and replaced in accordance with section 9 of this act.
(2) The director of a state, regional, or local agency may enter into an environmental excellence program agreement only to the extent the state, regional, or local agency has jurisdiction to administer state environmental laws either directly or indirectly through the adoption of rules.
(3) Where a sponsor proposes an environmental excellence program agreement that would affect legal requirements applicable to the covered facility that are administered by more than one state, regional, or local agency, the coordinating agency shall take the lead in developing the environmental excellence program agreement with the sponsor and other agencies administering legal requirements applicable to the covered facility and affected by the agreement. The environmental excellence program agreement does not become effective until the agreement is approved by the director of each agency administering legal requirements identified according to section 7(1) of this act.
(4) No director may enter into an environmental excellence program agreement applicable to a remedial action conducted under the Washington model toxics control act, chapter 70.105D RCW, or the federal comprehensive environmental response, compensation and liability act (42 U.S.C. Sec. 9601 et seq). No action taken under this chapter shall be deemed a waiver of any applicable, relevant, or appropriate requirements for any remedial action conducted under the Washington model toxics control act or the federal comprehensive environmental response, compensation and liability act.
(5) The directors of state, regional, or local agencies shall not enter into an environmental excellence program agreement or a modification of an environmental excellence program agreement containing terms affecting legal requirements adopted to comply with provisions of a federal regulatory program and to which the responsible federal agency objects after notice under the terms of section 8(4) of this act.
(6) The directors of regional or local governments may not enter into an environmental excellence program agreement or a modification of an environmental excellence program agreement containing terms affecting legal requirements that are subject to review or appeal by a state agency, including but not limited to chapters 70.94, 70.95, and 90.58 RCW, and to which the responsible state agency objects after notice is given under the terms of section 8(4) of this act.
NEW SECTION. Sec. 5. (1) A sponsor may propose an environmental excellence program agreement. A trade association or other authorized representative of a sponsor or sponsors may propose a programmatic environmental excellence program agreement for multiple facilities.
(2) A sponsor must submit, at a minimum, the following information and other information that may be requested by the director or directors required to sign the agreement:
(a) A statement that describes how the proposal is consistent with the purpose of this chapter and the project approval criteria in section 3 of this act;
(b)(i) For a site-specific proposal, a comprehensive description of the proposed environmental excellence project that includes the nature of the facility and the operations that will be affected, how the facility or operations will achieve results more effectively or efficiently, and the nature of the results anticipated; or
(ii) For a programmatic proposal, a comprehensive description of the proposed environmental excellence project that identifies the facilities and the operations that are expected to participate, how participating facilities or operations will achieve environmental results more effectively or efficiently, the nature of the results anticipated, and the method to identify and document the commitments made by individual participants;
(c) An environmental checklist, containing sufficient information to reasonably inform the public of the nature of the proposed environmental excellence program agreement and describing probable significant adverse environmental impacts and environmental benefits expected from implementation of the proposal;
(d) A draft environmental excellence program agreement;
(e) A description of the stakeholder process as provided in section 6 of this act;
(f) A preliminary identification of the permit amendments or modifications that may be necessary to implement the proposed environmental excellence program agreement.
NEW SECTION. Sec. 6. (1) Stakeholder participation in and support for an environmental excellence program agreement is vital to the integrity of the environmental excellence program agreement and helps to inform the decision whether an environmental excellence program agreement can be approved.
(2) A proposal for an environmental excellence program agreement shall include the sponsor's plan to identify and contact stakeholders, to advise stakeholders of the facts and nature of the project, and to request stakeholder participation and review. Stakeholder participation and review shall occur during the development, consideration, and implementation stages of the proposed environmental excellence program agreement. The plan shall include notice to the employees of the facility to be covered by the proposed environmental excellence program agreement and public notice in the area of the covered facility.
(3) The coordinating agency shall extend an invitation to participate in the development of the proposal to a broad and representative sector of the public likely to be affected by the environmental excellence program agreement, including representatives of local community, labor, environmental, and neighborhood advocacy groups. The coordinating agency shall select participants to be included in the stakeholder process that are representative of the diverse sectors of the public that are interested in the agreement. The stakeholder process shall include the opportunity for discussion and comment at multiple stages of the process and access to the information relied upon by the directors in approving the agreement.
(4) The coordinating agency will identify any additional provisions for the stakeholder process that the director of the coordinating agency, in the director's sole discretion, considers appropriate to the success of the stakeholder process, and provide for notice to the United States environmental protection agency or other responsible federal agency of each proposed environmental excellence program agreement that may affect legal requirements of any program administered by that agency.
NEW SECTION. Sec. 7. An environmental excellence program agreement must contain the following terms and conditions:
(1) An identification of all legal requirements that are superseded or replaced by the environmental excellence program agreement;
(2) A description of all legal requirements that are enforceable as provided in section 13(1) of this act that are different from those legal requirements applicable in the absence of the environmental excellence program agreement;
(3) A description of the voluntary goals that are or will be pursued by the sponsor;
(4) A statement describing how the environmental excellence program agreement will achieve the purposes of this chapter;
(5) A statement describing how the environmental excellence program agreement will be implemented, including a list of steps and an implementation schedule;
(6) A statement that the proposed environmental excellence program agreement will not increase overall worker safety risks or cause an unjust or disproportionate and inequitable distribution of environmental risks among diverse economic and cultural communities;
(7) A summary of the stakeholder process that was followed in the development of the environmental excellence program agreement;
(8) A statement describing how any participating facility shall measure and demonstrate its compliance with the environmental excellence program agreement including, without limitation, a description of the methods to be used to monitor performance, criteria that represent acceptable performance, and the method of reporting performance to the public and local communities. The facility's compliance with the agreement must be independently verifiable;
(9) A description of and plan for public participation in the implementation of the environmental excellence program agreement and for public access to information needed to assess the benefits of the environmental excellence program agreement and the sponsor's compliance with the environmental excellence program agreement;
(10) A schedule of periodic performance review of the environmental excellence program agreement by the directors that signed the agreement;
(11) Provisions for voluntary and involuntary termination of the agreement;
(12) The duration of the environmental excellence program agreement and provisions for renewal;
(13) Statements approving the environmental excellence program agreement made by the sponsor and by or on behalf of directors of each state, regional, or local agency administering legal requirements that are identified according to section 7(1) of this act;
(14) Additional terms as requested by the directors signing the environmental excellence program agreement and consistent with this chapter;
(15) Draft permits or permit modifications as needed to implement the environmental excellence program agreement;
(16) With respect to a programmatic environmental excellence program agreement, a statement of the method with which to identify and document the specific commitments to be made by individual participants.
NEW SECTION. Sec. 8. (1) The coordinating agency shall provide at least thirty days after notice has been published in a newspaper under subsection (2) of this section for public comment on a proposal to enter into or modify an environmental excellence program agreement. The coordinating agency may provide for an additional period of public comment if required by the complexity of the proposed environmental excellence program agreement and the degree of public interest. Before the start of the comment period, the coordinating agency shall prepare a proposed agreement, a public notice and a fact sheet. The fact sheet shall: (a) Briefly describe the principal facts and the significant factual, legal, methodological and policy questions considered by the directors signing the agreement, and the directors' proposed decisions; and (b) briefly describe how the proposed action meets the requirements of section 3 of this act.
(2) The coordinating agency shall publish notice of the proposed agreement in the Washington State Register and in a newspaper of general circulation in the vicinity of the facility or facilities covered by the proposed environmental excellence program agreement. The notice shall generally describe the agreement or modification; the facilities to be covered; summarize the changes in legal requirements that will result from the agreement; summarize the reasons for approving the agreement or modifications; identify an agency person to contact for additional information; state that the proposed agreement or modification and fact sheet are available on request; and state that comments may be submitted to the agency during the comment period. The coordinating agency shall order a public informational meeting or a public hearing to receive oral comments if the written comments during the comment period demonstrate considerable public interest in the proposed agreement.
(3) The coordinating agency shall prepare and make available a responsiveness summary indicating the agencies' actions taken in response to comments and the reasons for those actions.
(4) With respect to an environmental excellence program agreement that affects legal requirements adopted to comply with provisions of a federal regulatory program, the coordinating agency shall provide a copy of the environmental excellence program agreement, and a copy of the notice required by subsection (1) of this section, to the federal agency that is responsible for administering that program at least thirty days before entering into or modifying the environmental excellence program agreement, and shall afford the federal agency the opportunity to object to those terms of the environmental excellence program agreement or modification of an environmental excellence program agreement affecting the legal requirements. The coordinating agency shall provide similar notice to state agencies that have statutory review or appeal responsibilities regarding provisions of the environmental excellence program agreement.
NEW SECTION. Sec. 9. (1) Notwithstanding any other provision of law, any legal requirement identified under section 7(1) of this act shall be superseded or replaced in accordance with the terms of the environmental excellence program agreement. Legal requirements contained in a permit that are affected by an environmental excellence program agreement will continue to be enforceable until such time as the permit is revised in accordance with subsection (2) of this section. With respect to any other legal requirements, the legal requirements contained in the environmental excellence program agreement are effective as provided by the environmental excellence program agreement, and the facility or facilities covered by an environmental excellence program agreement shall comply with the terms of the environmental excellence program agreement in lieu of the legal requirements that are superseded and replaced by the approved environmental excellence program agreement.
(2) Any permits affected by an environmental excellence program agreement shall be revised to conform to the environmental excellence program agreement by the agency with jurisdiction. The permit revisions will be completed within one hundred twenty days of the effective date of the agreement in accordance with otherwise applicable procedural requirements, including, where applicable, public notice and the opportunity for comment, and the opportunity for review and objection by federal agencies.
(3) Other than as superseded or replaced as provided in an approved environmental excellence program agreement, any existing permit requirements remain in effect and are enforceable.
(4) A programmatic environmental excellence program agreement shall become applicable to an individual facility when all directors entering into the programmatic agreement approve the owner or operator's commitment to comply with the agreement. A programmatic agreement may not take effect, however, until notice and an opportunity to comment for the individual facility has been provided in accordance with the requirements of section 8 (1) through (3) of this act.
NEW SECTION. Sec. 10. (1) A decision by the directors of state, regional, or local agencies to approve a proposed environmental excellence program agreement, or to terminate or modify an approved environmental excellence program agreement, is subject to judicial review in superior court. For purposes of judicial review, the court may grant relief from the decision to approve or modify an environmental excellence program agreement only if it determines that the action: (a) Violates constitutional provisions; (b) exceeds the statutory authority of the agency; (c) was arbitrary and capricious; or (d) was taken without compliance with the procedures provided by this chapter. However, the decision of the director or directors shall be accorded substantial deference by the court. A decision not to enter into or modify an environmental excellence program agreement and a decision not to accept a commitment under section 9(4) of this act to comply with the terms of a programmatic environmental excellence agreement are within the sole discretion of the directors of the state, regional, or local agencies and are not subject to review.
(2) An appeal from a decision to approve or modify a facility specific or a programmatic environmental excellence program agreement is not timely unless filed with the superior court and served on the parties to the environmental excellence program agreement within thirty days of the date on which the agreement or modification is signed by the director. For an environmental excellence program agreement or modification signed by more than one director, there is only one appeal, and the time for appeal shall run from the last date on which the agreement or modification is signed by a director.
(3) A decision to accept the commitment of a specific facility to comply with the terms of a programmatic environmental excellence program agreement, or to modify the application of an agreement to a specific facility, is subject to judicial review as described in subsection (1) of this section. An appeal is not timely unless filed with the superior court and served on the directors signing the agreement, the sponsor, and the owner or operator of the specific facility within thirty days of the date the director or directors that signed the programmatic agreement approve the owner or operator's commitment to comply with the agreement. For a programmatic environmental excellence program agreement or modification signed by more than one director, there shall be only one appeal and the time for appeal shall run from the last date on which a director approves the commitment.
(4) The issuance of permits and permit modifications is subject to review under otherwise applicable law.
(5) An appeal of a decision by a director under section 11 of this act to terminate in whole or in part a facility specific or programmatic environmental excellence program agreement is not timely unless filed with the superior court and served on the director within thirty days of the date on which notice of the termination is issued under section 11(2) of this act.
NEW SECTION. Sec. 11. (1) In addition to any termination provisions contained in an environmental excellence program agreement, a director of an agency may terminate an environmental excellence program agreement in whole or in part with respect to a legal requirement administered by that agency, if the director finds: (a) That after notice and a reasonable opportunity to cure, the covered facility is in violation of a material requirement of the agreement; (b) that the facility has repeatedly violated any requirements of the agreement; (c) that the operation of the facility under the agreement has caused endangerment to public health or the environment that cannot be remedied by modification of the agreement; or (d) the facility has failed to make substantial progress in achieving the voluntary goals identified under section 6(4) of this act, and these goals are material to the overall objectives of the agreement.
(2) A director of an agency terminating an environmental excellence program agreement in any respect shall provide each of the parties to the agreement with a written notice of that action specifying the extent to which the environmental excellence program agreement is to be terminated, the factual and legal basis for termination, and a description of the opportunity for judicial review of the decision to terminate the environmental excellence program agreement.
(3) If a director terminates less than the entire environmental excellence program agreement, the owner or operator of the covered facility may elect to terminate the entire agreement as it applies to the facility.
(4) If a director decides to terminate an environmental excellence program agreement because the facility has not been able to meet the legal requirements established under the agreement, or because operation of the facility under the agreement has caused endangerment to public health or the environment, as provided in subsection (1)(c) of this section, the director may establish in the notice of termination: (a) Practical interim requirements for the facility that are no less stringent than the legal requirements that would apply to the facility in the absence of the agreement; and (b) a practical schedule of compliance for meeting the interim requirements. The interim requirements and schedule of compliance shall be subject to judicial review under the provisions of section 10(5) of this act. The facility shall comply with the interim requirements established under this subsection after they are final and no longer subject to judicial review until applicable permits or permit modifications have been issued under section 12 of this act.
NEW SECTION. Sec. 12. After a termination under section 11 of this act is final and no longer subject to judicial review, the sponsor has sixty days in which to apply for any permit or approval affected by any terminated portion of the environmental excellence program agreement. An application filed during the sixty-day period shall be deemed a timely application for renewal of a permit under the terms of any applicable law. Except as provided in section 11(4) of this act, the terms and conditions of the environmental excellence program agreement and of permits issued will continue in effect until a final permit or approval is issued. If the sponsor fails to submit a timely or complete application, any affected permit or approval may be modified at any time that is consistent with applicable law.
NEW SECTION. Sec. 13. (1) The legal requirements contained in the environmental excellence program agreement in accordance with section 7(2) of this act are enforceable commitments of the facility covered by the agreement. Any violation of these legal requirements is subject to penalties and remedies to the same extent as the legal requirements that they superseded or replaced.
(2) The voluntary goals stated in the environmental excellence program agreement in accordance with section 7(3) of this act are voluntary commitments of the facility covered by the agreement. If the facility fails to meet these goals, it shall not be subject to any form of enforcement action, including penalties, orders, or any form of injunctive relief. The failure to make substantial progress in meeting these goals may be a basis on which to terminate the environmental excellence program agreement under section 11 of this act.
(3) Nothing in this chapter limits the authority of an agency, the attorney general, or a prosecuting attorney to initiate an enforcement action for violation of any applicable legal requirement. However, no civil, criminal, or administrative action may be brought with respect to any legal requirement that is superseded or replaced under the terms of an environmental excellence program agreement.
(4) This chapter does not create any new authority for citizen suits, and does not alter or amend other statutory provisions authorizing citizen suits.
NEW SECTION. Sec. 14. An environmental excellence program agreement may contain a reduced fee schedule with respect to a program applicable to the covered facility or facilities.
NEW SECTION. Sec. 15. A decision to approve an environmental excellence program agreement is not subject to the requirements of the state environmental policy act, chapter 43.21C RCW, including the requirement to prepare an environmental impact statement under RCW 43.21C.031. However, the consideration of a proposed environmental excellence program agreement will integrate an assessment of environmental impacts.
NEW SECTION. Sec. 16. Any state, regional, or local agency administering programs under an environmental law may adopt rules or ordinances to implement this chapter. However, it is not necessary that an agency adopt rules or ordinances in order to consider or enter into environmental excellence program agreements.
NEW SECTION. Sec. 17. The director of the department of ecology shall appoint an advisory committee to review the effectiveness of the environmental excellence program agreement program and to make a recommendation to the legislature concerning the continuation, termination, or modification of the program. The committee also may make recommendations it considers appropriate for revision of any regulatory program that is affected by an environmental excellence program agreement. The committee shall be composed of one representative each from two state agencies, two representatives of the regulated community, and two representatives of environmental organizations or other public interest groups. The committee must submit a report and its recommendation to the legislature not later than October 31, 2001. The department of ecology shall provide the advisory committee with such support as they may require.
NEW SECTION. Sec. 18. (1) Agencies authorized to enter into environmental excellence program agreements may assess and collect a fee to recover the costs of processing environmental excellence program agreement proposals. The amount of the fee may not exceed the direct and indirect costs of processing the environmental excellence program agreement proposal. Processing includes, but is not limited to: Working with the sponsor to develop the agreement, meeting with stakeholder groups, conducting public meetings and hearings, preparing a record of the decision to enter into or modify an agreement, and defending any appeal from a decision to enter into or modify an agreement. Fees also may include, to the extent specified by the agreement, the agencies' direct costs of monitoring compliance with those specific terms of an agreement not covered by permits issued to the participating facility.
(2) Agencies assessing fees may graduate the initial fees for processing an environmental excellence program agreement proposal to account for the size of the sponsor and to make the environmental excellence program agreement program more available to small businesses. An agency may exercise its discretion to waive all or any part of the fees.
(3) Sponsors may voluntarily contribute funds to the administration of an agency's environmental excellence program agreement program.
NEW SECTION. Sec. 19. The authority of a director to enter into a new environmental excellence program agreement program shall be terminated June 30, 2002. Environmental excellence program agreements entered into before June 30, 2002, shall remain in force and effect subject to the provisions of this chapter.
NEW SECTION. Sec. 20. A new section is added to chapter 43.21A RCW to read as follows:
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.-- RCW (sections 2 through 19 of this act).
NEW SECTION. Sec. 21. A new section is added to chapter 70.94 RCW to read as follows:
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.-- RCW (sections 2 through 19 of this act).
NEW SECTION. Sec. 22. A new section is added to chapter 70.95 RCW to read as follows:
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.-- RCW (sections 2 through 19 of this act).
NEW SECTION. Sec. 23. A new section is added to chapter 70.105 RCW to read as follows:
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.-- RCW (sections 2 through 19 of this act).
NEW SECTION. Sec. 24. A new section is added to chapter 70.119A RCW to read as follows:
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.-- RCW (sections 2 through 19 of this act).
NEW SECTION. Sec. 25. A new section is added to chapter 75.20 RCW to read as follows:
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.-- RCW (sections 2 through 19 of this act).
NEW SECTION. Sec. 26. A new section is added to chapter 90.48 RCW to read as follows:
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.-- RCW (sections 2 through 19 of this act).
NEW SECTION. Sec. 27. A new section is added to chapter 90.52 RCW to read as follows:
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.-- RCW (sections 2 through 19 of this act).
NEW SECTION. Sec. 28. A new section is added to chapter 90.58 RCW to read as follows:
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.-- RCW (sections 2 through 19 of this act).
NEW SECTION. Sec. 29. A new section is added to chapter 90.64 RCW to read as follows:
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.-- RCW (sections 2 through 19 of this act).
NEW SECTION. Sec. 30. A new section is added to chapter 90.71 RCW to read as follows:
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.-- RCW (sections 2 through 19 of this act).
Sec. 31. RCW 90.54.020 and 1989 c 348 s 1 are each amended to read as follows:
Utilization and management of the waters of the state shall be guided by the following general declaration of fundamentals:
(1) Uses of water for domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, and thermal power production purposes, and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state, are declared to be beneficial.
(2) Allocation of waters among potential uses and users shall be based generally on the securing of the maximum net benefits for the people of the state. Maximum net benefits shall constitute total benefits less costs including opportunities lost.
(3) The quality of the natural environment shall be protected and, where possible, enhanced as follows:
(a) Perennial rivers and streams of the state shall be retained with base flows necessary to provide for preservation of wildlife, fish, scenic, aesthetic and other environmental values, and navigational values. Lakes and ponds shall be retained substantially in their natural condition. Withdrawals of water which would conflict therewith shall be authorized only in those situations where it is clear that overriding considerations of the public interest will be served.
(b) Waters of the state shall be of high quality. Regardless of the quality of the waters of the state, all wastes and other materials and substances proposed for entry into said waters shall be provided with all known, available, and reasonable methods of treatment prior to entry. Notwithstanding that standards of quality established for the waters of the state would not be violated, wastes and other materials and substances shall not be allowed to enter such waters which will reduce the existing quality thereof, except in those situations where it is clear that overriding considerations of the public interest will be served. Technology-based effluent limitations or standards for discharges for municipal water treatment plants located on the Chehalis, Columbia, Cowlitz, Lewis, or Skagit river shall be adjusted to reflect credit for substances removed from the plant intake water if:
(i) The municipality demonstrates that the intake water is drawn from the same body of water into which the discharge is made; and
(ii) The municipality demonstrates that no violation of receiving water quality standards or appreciable environmental degradation will result.
(4) Adequate and safe supplies of water shall be preserved and protected in potable condition to satisfy human domestic needs.
(5) Multiple-purpose impoundment structures are to be preferred over single-purpose structures. Due regard shall be given to means and methods for protection of fishery resources in the planning for and construction of water impoundment structures and other artificial obstructions.
(6) Federal, state, and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out practices of conservation as they relate to the use of the waters of the state. In addition to traditional development approaches, improved water use efficiency and conservation shall be emphasized in the management of the state's water resources and in some cases will be a potential new source of water with which to meet future needs throughout the state.
(7) Development of water supply systems, whether publicly or privately owned, which provide water to the public generally in regional areas within the state shall be encouraged. Development of water supply systems for multiple domestic use which will not serve the public generally shall be discouraged where water supplies are available from water systems serving the public.
(8) Full recognition shall be given in the administration of water allocation and use programs to the natural interrelationships of surface and ground waters.
(9) Expressions of the public interest will be sought at all stages of water planning and allocation discussions.
(10) Water management programs, including but not limited to, water quality, flood control, drainage, erosion control and storm runoff are deemed to be in the public interest.
(11) Notwithstanding any other provision of law, any legal requirement under subsection (3)(b) of this section is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.-- RCW (sections 2 through 19 of this act).
NEW SECTION. Sec. 32. The environmental excellence account is hereby created in the state treasury. All fees and voluntary contributions collected by state agencies under section 18 of this act shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for purposes consistent with the environmental excellence program created under sections 2 through 19 of this act. Moneys in the account may be appropriated to each agency in an amount equal to the amount each agency collects and deposits into the account.
NEW SECTION. Sec. 33. Sections 2 through 19 of this act constitute a new chapter in Title 43 RCW."
On page 1, line 2 of the title, after "agreements;" strike the remainder of the title and insert "amending RCW 90.54.020; adding a new section to chapter 43.21A RCW; adding a new section to chapter 70.94 RCW; adding a new section to chapter 70.95 RCW; adding a new section to chapter 70.105 RCW; adding a new section to chapter 70.119A RCW; adding a new section to chapter 75.20 RCW; adding a new section to chapter 90.48 RCW; adding a new section to chapter 90.52 RCW; adding a new section to chapter 90.58 RCW; adding a new section to chapter 90.64 RCW; adding a new section to chapter 90.71 RCW; adding a new chapter to Title 43 RCW; and creating new sections."
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House concurred in the Senate amendments to Engrossed Second Substitute House Bill No. 1866, and advanced the bill as amended by the Senate to Final Passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1866 as amended by the Senate.
Representatives Chandler and Linville spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1866 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 84, Nays - 14, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Gardner, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wolfe, Wood, Zellinsky and Mr. Speaker - 84.
Voting nay: Representatives Chopp, Cody, Cole, Constantine, Fisher, Gombosky, Mason, Murray, Ogden, Romero, Sullivan, Tokuda, Veloria and Wensman - 14.
Engrossed Second Substitute House Bill No. 1866, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 1997
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1888 with the following amendments:
On page 2, line 7, after "trade" insert "and tourism"
On page 2, line 8, after "increased" insert "tourism and"
On page 2, line 12 after "of", strike "twenty-two" and insert "twenty-three"
On page 2, line 17 after "representatives" insert "and a member of the senate selected by and from the three members appointed by the president of the senate"
On page 2, line 17 after "vice' strike "chair" and insert "chairs"
On page 2, after "(iv)" strike all material through "party" on line 21 and insert "Three members from the senate, appointed by the president of the senate, at least one from each political party"
On page 4, strike all material on line 24, and insert the following:
"NEW SECTION. Sec. 5. The legislature finds that:
(1) The attraction of visitors to this state can enhance the economic well-being of our citizens by increasing the jobs and income derived from commerce with tourists traveling in the state.
(2) The state has valuable natural beauty, man-made, and scenic attractions, and the promotion of these attractions by cooperative efforts between the public and private sectors can significantly contribute to economic growth and employment opportunities. Cooperation between the public and private sectors requires a mechanism to coordinate the variety of efforts aimed at promoting and developing tourism in our state.
NEW SECTION. Sec. 6. A task force to the legislature on tourism promotion and marketing is hereby created. The task force shall consist of nine members from the private sector, four members from the public sector, and three ex officio members. The private sector members shall represent the Washington state hotel/motel association, the Washington state restaurant association, the Washington association of convention & visitor bureaus, the Washington festivals and events association, the association of Washington business, the Washington retail council, the Washington public ports association, and the Washington chamber of commerce executives. The governor shall appoint the private sector members from recommendations made by each of the associations to be represented. Consideration shall be given so as to maintain a state-wide balance of representatives appointed. The public members must include two members from the house of representatives and two members from the senate. The public members must be chosen respectively by the lieutenant governor and the speaker of the house of representatives. The director of the tourism development division, or the director's designee, the director of the state parks and recreation commission, or the director's designee, and a representative of the attorney general's office shall sit as ex officio members of the task force.
NEW SECTION. Sec. 7. (1) The task force may by majority vote establish working groups to focus on specific issues in the tourism industry.
(2) The task force shall by majority vote prescribe rules of procedure for itself and its working groups that are consistent with this act.
NEW SECTION. Sec. 8. The task force or its working groups are authorized to study tourism promotion and related issues and prepare, for legislative and executive consideration, a comprehensive proposal for the establishment of a private commission to market Washington state and its tourism advantages. The proposal must include, but is not limited to:
(1) An evaluation of existing state laws, policies, and programs that promote or affect state tourism marketing;
(2) The level of state interdepartmental cooperation needed to ensure an effective and coordinated continuing tourism program within the state agencies;
(3) A clear determination of the economic impact to the state of an aggressive, continuous state-wide tourism marketing program;
(4) Recommendations from public and private sector organizations concerning the establishing of a legislatively established state-wide tourism commission, its structure, its membership, and its objectives;
(5) A specific proposal and plan for the funding from private sources of an acceptable working budget for the commission;
(6) The procedure for the established commission to develop a state-wide marketing plan that addresses all areas of the state and the state's relationship to the commission, to other states, and to other nations.
The task force shall study the roles and responsibilities of the public and private sector and make recommendations for the roles, responsibilities, and interrelationship between the tourism division and the private commission.
NEW SECTION. Sec. 9. The department of community, trade, and economic development shall provide the task force with the necessary staff support.
NEW SECTION. Sec. 10. Members of the task force shall serve without additional compensation, but must be reimbursed for their travel expenses, in accordance with RCW 43.03.050 and 44.04.120, incurred while attending sessions of the task force or meetings of working groups, engaged on other task force business authorized by the task force, or going to and coming from task force meetings.
NEW SECTION. Sec. 11. All expenses of the task force, including salaries and expenses of employees, must be paid upon voucher forms as provided by the auditor and signed by the chairperson or vice-chairperson of the task force and attested by the secretary of the task force. The authority of the chairperson and secretary to sign vouchers continues until their successors are selected after each ensuing session of the legislature. Vouchers may be drawn on funds appropriated generally by the legislature or upon any special appropriation that is provided by the legislature for the expenses of the task force, or both.
NEW SECTION. Sec. 12. The task force shall cooperate, act, and function with legislative committees, executive agencies, and private organizations within the tourism industry.
The task force shall report to the legislature by January 31, 1998, outlining its findings and recommendations.
NEW SECTION. Sec. 13. 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. 14. Sections 1 through 4 of this act expire March 1, 1998. Sections 5 through 13 of this act expire June 30, 1998."
Renumber the sections consecutively and correct any internal references accordingly.
On page 1, on line 1 of the title, strike "force" and insert "forces"
On page 1, line 2 of the title, after "trade" insert "and tourism promotion and development"
On page 1, line 2 of the title, strike "an"
On page 1, line 3 of the title, strike "date" and insert "dates"
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House concurred in the Senate amendments to Substitute House Bill No. 1888, and advanced the bill as amended by the Senate to Final Passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1888 as amended by the Senate.
Representatives Van Luven and Veloria spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1888 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Substitute House Bill No. 1888, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 1997
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 1982 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.47.020 and 1995 c 266 s 2 and 1995 c 2 s 3 are each reenacted and amended to read as follows:
As used in this chapter:
(1) "Washington basic health plan" or "plan" means the system of enrollment and payment on a prepaid capitated basis for basic health care services, administered by the plan administrator through participating managed health care systems, created by this chapter.
(2) "Administrator" means the Washington basic health plan administrator, who also holds the position of administrator of the Washington state health care authority.
(3) "Managed health care system" means any health care organization, including health care providers, insurers, health care service contractors, health maintenance organizations, or any combination thereof, that provides directly or by contract basic health care services, as defined by the administrator and rendered by duly licensed providers, on a prepaid capitated basis to a defined patient population enrolled in the plan and in the managed health care system.
(4) "Subsidized enrollee" means an individual, or an individual plus the individual's spouse or dependent children((,)): (a) Who is not eligible for medicare((,)); (b) who is not confined or residing in a government-operated institution, unless he or she meets eligibility criteria adopted by the administrator; (c) who resides in an area of the state served by a managed health care system participating in the plan((,)); (d) whose gross family income at the time of enrollment does not exceed twice the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services((,)); and (e) who chooses to obtain basic health care coverage from a particular managed health care system in return for periodic payments to the plan.
(5) "Nonsubsidized enrollee" means an individual, or an individual plus the individual's spouse or dependent children((,)): (a) Who is not eligible for medicare((,)); (b) who is not confined or residing in a government-operated institution, unless he or she meets eligibility criteria adopted by the administrator; (c) who resides in an area of the state served by a managed health care system participating in the plan((, and)); (d) who chooses to obtain basic health care coverage from a particular managed health care system((,)); and (e) who pays or on whose behalf is paid the full costs for participation in the plan, without any subsidy from the plan.
(6) "Subsidy" means the difference between the amount of periodic payment the administrator makes to a managed health care system on behalf of a subsidized enrollee plus the administrative cost to the plan of providing the plan to that subsidized enrollee, and the amount determined to be the subsidized enrollee's responsibility under RCW 70.47.060(2).
(7) "Premium" means a periodic payment, based upon gross family income which an individual, their employer or another financial sponsor makes to the plan as consideration for enrollment in the plan as a subsidized enrollee or a nonsubsidized enrollee.
(8) "Rate" means the per capita amount, negotiated by the administrator with and paid to a participating managed health care system, that is based upon the enrollment of subsidized and nonsubsidized enrollees in the plan and in that system.
Sec. 2. RCW 70.47.060 and 1995 c 266 s 1 and 1995 c 2 s 4 are each reenacted and amended to read as follows:
The administrator has the following powers and duties:
(1) To design and from time to time revise a schedule of covered basic health care services, including physician services, inpatient and outpatient hospital services, prescription drugs and medications, and other services that may be necessary for basic health care. In addition, the administrator may offer as basic health plan services chemical dependency services, mental health services and organ transplant services; however, no one service or any combination of these three services shall increase the actuarial value of the basic health plan benefits by more than five percent excluding inflation, as determined by the office of financial management. All subsidized and nonsubsidized enrollees in any participating managed health care system under the Washington basic health plan shall be entitled to receive covered services in return for premium payments to the plan. The schedule of services shall emphasize proven preventive and primary health care and shall include all services necessary for prenatal, postnatal, and well-child care. However, with respect to coverage for groups of subsidized enrollees who are eligible to receive prenatal and postnatal services through the medical assistance program under chapter 74.09 RCW, the administrator shall not contract for such services except to the extent that such services are necessary over not more than a one-month period in order to maintain continuity of care after diagnosis of pregnancy by the managed care provider. The schedule of services shall also include a separate schedule of basic health care services for children, eighteen years of age and younger, for those subsidized or nonsubsidized enrollees who choose to secure basic coverage through the plan only for their dependent children. In designing and revising the schedule of services, the administrator shall consider the guidelines for assessing health services under the mandated benefits act of 1984, RCW 48.42.080, and such other factors as the administrator deems appropriate.
However, with respect to coverage for subsidized enrollees who are eligible to receive prenatal and postnatal services through the medical assistance program under chapter 74.09 RCW, the administrator shall not contract for such services except to the extent that the services are necessary over not more than a one-month period in order to maintain continuity of care after diagnosis of pregnancy by the managed care provider.
(2)(a) To design and implement a structure of periodic premiums due the administrator from subsidized enrollees that is based upon gross family income, giving appropriate consideration to family size and the ages of all family members. The enrollment of children shall not require the enrollment of their parent or parents who are eligible for the plan. The structure of periodic premiums shall be applied to subsidized enrollees entering the plan as individuals pursuant to subsection (9) of this section and to the share of the cost of the plan due from subsidized enrollees entering the plan as employees pursuant to subsection (10) of this section.
(b) To determine the periodic premiums due the administrator from nonsubsidized enrollees. Premiums due from nonsubsidized enrollees shall be in an amount equal to the cost charged by the managed health care system provider to the state for the plan plus the administrative cost of providing the plan to those enrollees and the premium tax under RCW 48.14.0201.
(c) An employer or other financial sponsor may, with the prior approval of the administrator, pay the premium, rate, or any other amount on behalf of a subsidized or nonsubsidized enrollee, by arrangement with the enrollee and through a mechanism acceptable to the administrator, but in no case shall the payment made on behalf of the enrollee exceed the total premiums due from the enrollee.
(d) To develop, as an offering by all health carriers providing coverage identical to the basic health plan, a model plan benefits package with uniformity in enrollee cost-sharing requirements.
(3) To design and implement a structure of enrollee cost sharing due a managed health care system from subsidized and nonsubsidized enrollees. The structure shall discourage inappropriate enrollee utilization of health care services, and may utilize copayments, deductibles, and other cost-sharing mechanisms, but shall not be so costly to enrollees as to constitute a barrier to appropriate utilization of necessary health care services.
(4) To limit enrollment of persons who qualify for subsidies so as to prevent an overexpenditure of appropriations for such purposes. Whenever the administrator finds that there is danger of such an overexpenditure, the administrator shall close enrollment until the administrator finds the danger no longer exists.
(5) To limit the payment of subsidies to subsidized enrollees, as defined in RCW 70.47.020. The level of subsidy provided to persons who qualify may be based on the lowest cost plans, as defined by the administrator.
(6) To adopt a schedule for the orderly development of the delivery of services and availability of the plan to residents of the state, subject to the limitations contained in RCW 70.47.080 or any act appropriating funds for the plan.
(7) To solicit and accept applications from managed health care systems, as defined in this chapter, for inclusion as eligible basic health care providers under the plan. The administrator shall endeavor to assure that covered basic health care services are available to any enrollee of the plan from among a selection of two or more participating managed health care systems. In adopting any rules or procedures applicable to managed health care systems and in its dealings with such systems, the administrator shall consider and make suitable allowance for the need for health care services and the differences in local availability of health care resources, along with other resources, within and among the several areas of the state. Contracts with participating managed health care systems shall ensure that basic health plan enrollees who become eligible for medical assistance may, at their option, continue to receive services from their existing providers within the managed health care system if such providers have entered into provider agreements with the department of social and health services.
(8) To receive periodic premiums from or on behalf of subsidized and nonsubsidized enrollees, deposit them in the basic health plan operating account, keep records of enrollee status, and authorize periodic payments to managed health care systems on the basis of the number of enrollees participating in the respective managed health care systems.
(9) To accept applications from individuals residing in areas served by the plan, on behalf of themselves and their spouses and dependent children, for enrollment in the Washington basic health plan as subsidized or nonsubsidized enrollees, to establish appropriate minimum-enrollment periods for enrollees as may be necessary, and to determine, upon application and on a reasonable schedule defined by the authority, or at the request of any enrollee, eligibility due to current gross family income for sliding scale premiums. No subsidy may be paid with respect to any enrollee whose current gross family income exceeds twice the federal poverty level or, subject to RCW 70.47.110, who is a recipient of medical assistance or medical care services under chapter 74.09 RCW. If, as a result of an eligibility review, the administrator determines that a subsidized enrollee's income exceeds twice the federal poverty level and that the enrollee knowingly failed to inform the plan of such increase in income, the administrator may bill the enrollee for the subsidy paid on the enrollee's behalf during the period of time that the enrollee's income exceeded twice the federal poverty level. If a number of enrollees drop their enrollment for no apparent good cause, the administrator may establish appropriate rules or requirements that are applicable to such individuals before they will be allowed to reenroll in the plan.
(10) To accept applications from business owners on behalf of themselves and their employees, spouses, and dependent children, as subsidized or nonsubsidized enrollees, who reside in an area served by the plan. The administrator may require all or the substantial majority of the eligible employees of such businesses to enroll in the plan and establish those procedures necessary to facilitate the orderly enrollment of groups in the plan and into a managed health care system. The administrator may require that a business owner pay at least an amount equal to what the employee pays after the state pays its portion of the subsidized premium cost of the plan on behalf of each employee enrolled in the plan. Enrollment is limited to those not eligible for medicare who wish to enroll in the plan and choose to obtain the basic health care coverage and services from a managed care system participating in the plan. The administrator shall adjust the amount determined to be due on behalf of or from all such enrollees whenever the amount negotiated by the administrator with the participating managed health care system or systems is modified or the administrative cost of providing the plan to such enrollees changes.
(11) To determine the rate to be paid to each participating managed health care system in return for the provision of covered basic health care services to enrollees in the system. Although the schedule of covered basic health care services will be the same for similar enrollees, the rates negotiated with participating managed health care systems may vary among the systems. In negotiating rates with participating systems, the administrator shall consider the characteristics of the populations served by the respective systems, economic circumstances of the local area, the need to conserve the resources of the basic health plan trust account, and other factors the administrator finds relevant.
(12) To monitor the provision of covered services to enrollees by participating managed health care systems in order to assure enrollee access to good quality basic health care, to require periodic data reports concerning the utilization of health care services rendered to enrollees in order to provide adequate information for evaluation, and to inspect the books and records of participating managed health care systems to assure compliance with the purposes of this chapter. In requiring reports from participating managed health care systems, including data on services rendered enrollees, the administrator shall endeavor to minimize costs, both to the managed health care systems and to the plan. The administrator shall coordinate any such reporting requirements with other state agencies, such as the insurance commissioner and the department of health, to minimize duplication of effort.
(13) To evaluate the effects this chapter has on private employer-based health care coverage and to take appropriate measures consistent with state and federal statutes that will discourage the reduction of such coverage in the state.
(14) To develop a program of proven preventive health measures and to integrate it into the plan wherever possible and consistent with this chapter.
(15) To provide, consistent with available funding, assistance for rural residents, underserved populations, and persons of color.
(16) In consultation with appropriate state and local government agencies, to establish criteria defining eligibility for persons confined or residing in government-operated institutions."
On page 1, line 2 of the title, after "institutions;" strike the remainder of the title and insert "and reenacting and amending RCW 70.47.020 and 70.47.060."
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House concurred in the Senate amendments to House Bill No. 1982, and advanced the bill as amended by the Senate to Final Passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of House Bill No. 1982 as amended by the Senate.
Representatives Dyer and Cody spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1982 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
House Bill No. 1982, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 17, 1997
Mr. Speaker:
The Senate has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2046 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 74.13.031 and 1995 c 191 s 1 are each amended to read as follows:
The department shall have the duty to provide child welfare services ((as defined in RCW 74.13.020,)) and shall:
(1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of homeless, runaway, dependent, or neglected children.
(2) ((Develop a recruiting plan for recruiting)) Within available resources, recruit an adequate number of prospective adoptive and foster homes, both regular and specialized, i.e. homes for children of ethnic minority, including Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, teens, pregnant and parenting teens, and annually ((submit the plan for review to the house and senate committees on social and health services)) report to the governor and the legislature concerning the department's success in: (a) Meeting the need for adoptive and foster home placements; (b) reducing the foster parent turnover rate; (c) completing home studies for legally free children; and (d) implementing and operating the passport program required by section 5 of this act. The ((plan)) report shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."
(3) Investigate complaints of neglect, abuse, or abandonment of children, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency: PROVIDED, That an investigation is not required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis. If the investigation reveals that a crime may have been committed, the department shall notify the appropriate law enforcement agency.
(4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.
(5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report ((delineating the results)) measuring the extent to which the department achieved the specified goals to the ((house and senate committees on social and health services)) governor and the legislature.
(6) Have authority to accept custody of children from parents and to accept custody of children from juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.
(7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.
(8) Have authority to purchase care for children; and shall follow in general the policy of using properly approved private agency services for the actual care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.
(9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, licensing of child care agencies, adoption, and services related thereto. At least one member shall represent the adoption community.
(10) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.
(11) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order; and the purchase of such care shall be subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.
Notwithstanding any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections (4), (6), and (7) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.
NEW SECTION. Sec. 2. A new section is added to chapter 74.13 RCW to read as follows:
Within available resources, the department shall provide a foster parent liaison position in each department region. The department shall contract with a private nonprofit organization to provide the foster parent liaison function. The foster parent liaison shall enhance the working relationship between department case workers and foster parents. The foster parent liaison shall provide expedited assistance for the unique needs and requirements posed by special needs foster children in out-of-home care. Any contract entered into under this section for a foster parent liaison shall include a requirement that the contractor substantially reduce the turnover rate of foster parents in the region by an agreed upon percentage. The department shall evaluate whether an organization that has a contract under this section has reduced the turnover rate by the agreed upon amount or more when determining whether to extend or renew a contract under this section.
NEW SECTION. Sec. 3. A new section is added to chapter 74.13 RCW to read as follows:
Within available resources, the department shall increase the number of adoptive and foster families available to accept children through an intensive recruitment and retention program. The department shall contract with a private agency to coordinate foster care and adoptive home recruitment activities for the department and private agencies.
NEW SECTION. Sec. 4. A new section is added to chapter 43.20A RCW to read as follows:
The secretary or the secretary's designee may purchase services from nonprofit agencies for the purpose of conducting home studies for legally free children who have been awaiting adoption finalization for more than ninety days. The home studies selected to be done under this section shall be for the children who have been legally free and awaiting adoption finalization the longest period of time.
NEW SECTION. Sec. 5. A new section is added to chapter 74.13 RCW to read as follows:
(1) Within available resources, the department shall prepare a passport containing all known and available information concerning the mental, physical, health, and educational status of the child for any child who has been in a foster home for ninety consecutive days or more. The passport shall be provided to a foster parent at any placement of a child covered by this section. The department shall update the passport during the regularly scheduled court reviews required under chapter 13.34 RCW.
New placements after the effective date of this act shall have first priority in the preparation of passports. Within available resources, the department may prepare passports for any child in a foster home on the effective date of this act, provided that no time spent in a foster home before the effective date of this act shall be included in the computation of the ninety days.
(2) In addition to the requirements of subsection (1) of this section, the department shall, within available resources, notify a foster parent before placement of a child of any known health conditions that pose a serious threat to the child and any known behavioral history that presents a serious risk of harm to the child or others.
NEW SECTION. Sec. 6. A new section is added to chapter 74.13 RCW to read as follows:
The department may provide child care for all foster parents who are required to attend department-sponsored meetings or training sessions. If the department does not provide such child care, the department, where feasible, shall conduct the activities covered by this section in the foster parent's home or other location acceptable to the foster parent.
Sec. 7. RCW 74.13.280 and 1995 c 311 s 21 are each amended to read as follows:
(1) Except as provided in RCW 70.24.105, whenever a child is placed in out-of-home care by the department or a child-placing agency, the department or agency ((may)) shall, within available resources, share information about the child and the child's family with the care provider and ((may)) shall, within available resources, consult with the care provider regarding the child's case plan. If the child is dependent pursuant to a proceeding under chapter 13.34 RCW, the department or agency shall keep the care provider informed regarding the dates and location of dependency review and permanency planning hearings pertaining to the child.
(2) Any person who receives information about a child or a child's family pursuant to this section shall keep the information confidential and shall not further disclose or disseminate the information except as authorized by law.
(3) Nothing in this section shall be construed to limit the authority of the department or child-placing agencies to disclose client information or to maintain client confidentiality as provided by law.
NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
On page 1, line 1 of the title, after "care;" strike the remainder of the title and insert "amending RCW 74.13.031 and 74.13.280; adding new sections to chapter 74.13 RCW; adding a new section to chapter 43.20A RCW; providing an effective date; and declaring an emergency."
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House concurred in the Senate amendments to Engrossed Second Substitute House Bill No. 2046, and advanced the bill as amended by the Senate to Final Passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2046 as amended by the Senate.
Representatives Cooke and Tokuda spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2046 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Second Substitute House Bill No. 2046, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 1997
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2050 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.03.380 and 1996 c 320 s 19 are each amended to read as follows:
(1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That said right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights. The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights. Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and said application shall not be granted until notice of said application shall be published as provided in RCW 90.03.280. If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use. The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.
(2) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts.
(3) A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment or injury to existing rights.
(4) Any right represented by an application for a water right for which a permit for water use has not been issued by the time a transfer or change is approved under this section shall not be construed as being injured or detrimentally affected by the transfer or change.
(5) This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.
Sec. 2. RCW 90.44.100 and 1987 c 109 s 113 are each amended to read as follows:
After an application to, and 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, without losing his priority of right, construct wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or he may change the manner or the place of use of the water: PROVIDED, HOWEVER, That such amendment shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application. Such amendment shall be issued by the department only on the conditions that: (1) The additional or substitute well or wells shall tap the same body of public ground water as the original well or wells; (2) use of the original well or wells shall be discontinued upon construction of the substitute well or wells; (3) the construction of an additional well or wells shall not enlarge the right conveyed by the original permit or certificate; and (4) other existing rights shall not be impaired. The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit.
Any right represented by an application for a water right for which a permit for water use has not been issued by the time an amendment is approved under this section shall not be construed as being impaired by the amendment.
Sec. 3. RCW 90.44.030 and 1945 c 263 s 2 are each amended to read as follows:
(1) The rights to appropriate the surface waters of the state and the rights acquired by the appropriation and use of surface waters shall not be affected or impaired by any of the provisions of this supplementary chapter and, to the extent that any underground water is part of or tributary to the source of any surface stream or lake, or that the withdrawal of ground water may affect the flow of any spring, water course, lake, or other body of surface water, the right of an appropriation and owner of surface water shall be superior to any subsequent right hereby authorized to be acquired in or to ground water.
(2) Rights acquired by appropriation of surface waters are affected or impaired by a ground water withdrawal from a confined aquifer only if:
(a) Withdrawal of ground water causes a measurable head reduction within fifty feet of the surface water body in question in the shallowest unconfined water table aquifer that underlies that surface water body; or
(b) Withdrawal of ground water will cause a measurable reduction in the flow or level of the surface water body.
(3) If any of the conditions in subsection (2) of this section occur, then withdrawal of ground water affects or impairs existing surface water rights, including instream flow appropriations adopted by regulation, that are not being satisfied during the period of the occurrence.
NEW SECTION. Sec. 4. A new section is added to chapter 90.44 RCW to read as follows:
In addition to RCW 90.44.030(1), rights acquired by appropriation of surface waters are affected or impaired by a ground water withdrawal from an unconfined aquifer only if after no more than six months pumping, the surface water will lie within the cone of depression of a well tapping an unconfined aquifer.
Sec. 5. RCW 90.44.035 and 1987 c 109 s 107 are each amended to read as follows:
For purposes of this chapter:
(1) "Department" means the department of ecology;
(2) "Director" means the director of ecology;
(3) "Ground waters" means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves. There is a recognized distinction between natural ground water and artificially stored ground water;
(4) "Natural ground water" means water that exists in underground storage owing wholly to natural processes; ((and))
(5) "Artificially stored ground water" means water that is made available in underground storage artificially, either intentionally, or incidentally to irrigation and that otherwise would have been dissipated by natural waste;
(6) "Confined aquifer" means an aquifer in which ground water is under sufficient hydrostatic head to rise above the bottom of the overlying confining bed;
(7) "Confining bed" means a layer of low permeability material immediately overlying a confined aquifer; and
(8) "Measurable" means capable of being measured in the field with the use of equipment normally used by professionals for the measurement in question.
Sec. 6. RCW 90.44.070 and 1987 c 109 s 110 are each amended to read as follows:
(1) No permit shall be granted for the development or withdrawal of public ground waters beyond the capacity of the underground bed or formation in the given basin, district, or locality to yield such water within a reasonable or feasible pumping lift in case of pumping developments, or within a reasonable or feasible reduction of pressure in the case of artesian developments. The department shall have the power to determine whether the granting of any such permit will injure or damage any vested or existing right or rights under prior permits and may in addition to the records of the department, require further evidence, proof, and testimony before granting or denying any such permits.
(2) No permit for the development or withdrawal of public ground waters from a confined aquifer may be denied or conditioned due to injury to, impairment of, or conflict with an existing surface water right unless the ground water withdrawal in question will impair the surface water right pursuant to RCW 90.44.030(2): PROVIDED, That this section does not affect the ability of the department to limit or restrict future ground water appropriations by adopting rules after following the procedures of RCW 90.44.180 or 90.44.400 through 90.44.420 or chapter 90.54 RCW.
(3) The department may grant a ground water permit for a withdrawal that will impair a surface water right if the applicant has proposed a satisfactory plan for mitigating the impairment. Mitigation may include, but is not limited to: Reduction in pumping rates, limitation of pumping to times that will not lead to impairment, increased recharge of the ground water, and augmentation of stream flows either through release of stored water or the import of water from out of the basin.
NEW SECTION. Sec. 7. A new section is added to chapter 90.03 RCW to read as follows:
(1) The existence of hydraulic continuity between ground water and a surface body of water does not, in itself, constitute the impairment of an existing water right in the surface water body by a proposed permit for a ground water right or an amendment to a ground water right.
(2) In making a determination as to whether an application to appropriate public water will impair existing rights the department shall take into consideration:
(a) The availability of water and the effect of granting a water right permit, transfer, change, or amendment are those that exist with the incorporation of the effects of any offset to be provided by the applicant under RCW 90.03.255 or 90.44.055 or any other water supply augmentation or mitigation to be provided by the applicant as part of his or her application for a water right permit, transfer, change, or amendment;
(b) Seasonal variations in water supply and in the recharge of surface and ground water bodies; and
(c) The provisions of RCW 90.44.030.
(3) The standards governing impairment of existing surface water rights by applications to appropriate public ground water in RCW 90.44.030(2), this subsection, and RCW 90.44.070(2) apply only to the determinations to be made by the department in ruling upon such applications, and reflect the uncertainties inherent in making tentative determinations regarding future impacts of withdrawing ground water. Any person claiming that a senior water right is injured by one or more junior water rights may file an action to enjoin the junior water rights in the superior court of the county where the claimed senior water right is located. The superior court shall hear such action de novo, and if it finds by a preponderance of the evidence that one or more junior water rights is causing or contributing to the injury of a senior water right, the court may enjoin use of the junior water rights in reverse order of priority in the manner it deems necessary to protect the senior water right. This section does not apply where the claimed senior water right consists of a minimum flow or level or the closure of a surface water body.
NEW SECTION. Sec. 8. Any person whose application to appropriate public ground water was denied by the department of ecology between November 1, 1995, and the effective date of this section, when one of the grounds for denial was that the proposed ground water withdrawal would impair, or conflict with, surface water closures or surface water rights including minimum flows, may have his or her application reconsidered in accordance with this section. Any such person desiring reconsideration shall resubmit his or her application to the department of ecology within thirty days of the effective date of this section. The department of ecology shall accord any such resubmitted application its original priority date and shall reconsider the application on a priority basis, applying the standards of this act. The decision of the department of ecology may be appealed in the manner provided by law for appeals of decisions on applications to appropriate public water."
On page 1, line 2 of the title, after "uses;" strike the remainder of the title and insert "amending RCW 90.03.380, 90.44.100, 90.44.030, 90.44.035, and 90.44.070; adding a new section to chapter 90.44 RCW; adding a new section to chapter 90.03 RCW; and creating a new section."
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
Representative Mastin moved that the House concur in the Senate amendments to Engrossed Substitute House Bill No. 2050, and advance the bill as amended by the Senate to Final Passage.
Representative Mastin spoke in favor of adoption of the motion.
Representative Linville spoke against the adoption of the motion.
The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2050 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2050 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 60, Nays - 38, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Gombosky, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 60.
Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 38.
Engrossed Substitute House Bill No. 2050, as amended by the Senate, having received the constitutional majority, was declared passed.
The Speaker assumed the chair.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 1997
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2091 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.70A.367 and 1996 c 167 s 2 are each amended to read as follows:
(1) In addition to the major industrial development allowed under RCW 36.70A.365 and in addition to the authority to establish an urban growth area outside of a city allowed under RCW 36.70A.110, a county required or choosing to plan under RCW 36.70A.040 ((that has a population greater than two hundred fifty thousand and that is part of a metropolitan area that includes a city in another state with a population greater than two hundred fifty thousand)) may establish, in consultation with cities consistent with procedures and provisions of RCW 36.70A.210, a process for designating ((a bank of no more than two master planned locations for major industrial activity outside)) and determining the allowed uses within industrial land banks. The industrial land banks shall consist of no more than two noncontiguous locations, which may include multiple development sites outside urban growth areas.
(2) ((A master planned location for major industrial developments outside an urban growth area may be included in the urban industrial land bank for the county if criteria including, but not limited to, the following are met)) "Industrial land bank" means a location designated for one or more manufacturing, industrial, commercial, or high-technology businesses, and related office uses. The industrial land bank shall not be for the purpose of retail commercial development or multiple tenant office parks. An industrial land bank may be designated at (a) a unique location or a location with unique physical characteristics, or (b) a location already characterized by, or adjacent to, some existing industrial or commercial development.
(3) In order to designate an industrial land bank characterized by a unique location or unique physical characteristics, the county must make findings that: (a) The location of the industrial land bank is unique or is characterized by unique physical characteristics such as size, or proximity to transportation facilities, natural resources, or related industries that support its designation as an industrial land bank; and (b) the necessary infrastructure to support the industrial land bank is available or can be provided by private or public sources in a reasonable manner and time frame.
(4) In order to designate an industrial land bank already characterized by some existing industrial or commercial development, the county must make findings that: (a) An inventory has been conducted and there are no suitable locations available for the industrial land bank within existing urban growth areas within the county; (b) the establishment of the industrial land bank is important to achieving documented economic development goals, policies, or plans of the county or state; (c) the necessary infrastructure to support the industrial land bank is available or can be provided by private or public sources in a reasonable manner and time frame; and (d) the industrial land bank location is characterized by some existing industrial or commercial development or is adjacent to an area characterized by such development.
(5) Final approval of an industrial land bank shall be through adoption of the comprehensive plan or an adopted amendment to the comprehensive plan, and development regulations that are consistent with and implement the comprehensive plan, except that RCW 36.70A.130(2) does not apply so that inclusion or exclusion of industrial land bank locations may be considered at any time.
(6) Nothing in this section may be construed to alter the requirements for a county to comply with chapter 43.21C RCW.
Once an industrial land bank has been approved, development that qualifies as an allowed use and that the county determines meets the requirements of subsections (7) and (8) of this section may be located there.
(7) Development in an industrial land bank characterized by unique location or unique physical characteristics must meet the following:
(a) ((New)) Infrastructure is provided for and/or applicable impact fees are paid;
(b) ((Transit-oriented site planning)) Transportation impacts are mitigated and traffic demand management programs are implemented;
(c) Buffers are provided between the ((major)) industrial ((development)) land bank and adjacent nonurban areas;
(d) Environmental ((protection)) impacts including impacts to air and water quality ((has)) have been ((addressed and provided for)) mitigated in accordance with chapter 43.21C and/or 36.70A RCW;
(e) Comprehensive plan policies and development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas;
(f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands; and
(g) ((The plan for the major industrial development is consistent with the county's development regulations established for protection of critical areas; and
(h) An inventory of developable land has been conducted as provided in RCW 36.70A.365.
(3) In selecting master planned locations for inclusion in the urban industrial land bank, priority shall be given to locations that are adjacent to, or in close proximity to, an urban growth area.
(4) Final approval of inclusion of a master planned location in the urban industrial land bank shall be considered an adopted amendment to the comprehensive plan adopted pursuant to RCW 36.70A.070, except that RCW 36.70A.130(2) does not apply so that inclusion or exclusion of master planned locations may be considered at any time.
(5) Once a master planned location has been included in the urban industrial land bank, manufacturing and industrial businesses that qualify as major industrial development under RCW 36.70A.365 may be located there.
(6) Nothing in this section may be construed to alter the requirements for a county to comply with chapter 43.21C RCW.
(7) The authority of a county to engage in the process of including or excluding master planned locations from the urban industrial land bank shall terminate on December 31, 1998. However, any location included in the urban industrial land bank on December 31, 1998, shall remain available for major industrial development as long as the criteria of subsection (2) of this section continue to be met.
(8) For the purposes of this section, "major industrial development" means a master planned location suitable for manufacturing or industrial businesses that: (a) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or (b) is a natural resource-based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent. The major industrial development may not be for the purpose of retail commercial development or multitenant office parks)) Development relates to the unique location or unique physical characteristics that were the basis for designation of the industrial land bank such as size, or proximity to transportation facilities, natural resources, or related industries.
(8) Development in an industrial land bank already characterized by some existing industrial or commercial development must meet the following:
(a) Infrastructure is provided for and/or applicable impact fees are paid;
(b) Transportation impacts are mitigated and traffic demand management programs are implemented;
(c) Buffers are provided between the industrial land bank and adjacent nonurban areas;
(d) Environmental impacts including impacts to air and water quality have been mitigated in accordance with chapter 43.21C and/or 36.70A RCW;
(e) Comprehensive plan policies and development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas; and
(f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands."
On page 1, line 1 of the title, after "banks;" strike the remainder of the title and insert "and amending RCW 36.70A.367."
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
Representative Cairnes moved that the House concur in the Senate amendments to House Bill No. 2091, and advance the bill as amended by the Senate to Final Passage.
Representatives Cairnes, Cairnes, Reams, Pennington and Sheldon spoke in favor of adoption of the motion.
Representative Gardner, Romero and Gardner spoke against the adoption of the motion.
Representative Hatfield demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on the motion to concur with the Senate amendments to House Bill No. 2091 and advanced the bill to final passage and the motion was adopted by the following vote: Yeas - 57, Nays - 41, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.
Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 41.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of House Bill No. 2091 as amended by the Senate.
Representatives Cairnes, Sherstad and Cairnes spoke in favor of passage of the bill.
Representatives Linville and Romero spoke against the passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2091 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 64, Nays - 34, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 64.
Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Lantz, Linville, Mason, Morris, Murray, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 34.
House Bill No. 2091, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 1997
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2227 with the following amendments:
On page 2, line 23, strike "class C felony" and insert "gross misdemeanor"
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House concurred in the Senate amendments to Substitute House Bill No. 2227, and advanced the bill as amended by the Senate to Final Passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2227 as amended by the Senate.
Representative Clements spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2227 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Substitute House Bill No. 2227, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 1997
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1605 with the following amendments:
On page 7, beginning on line 16, after "(4)" strike all material through "rule." on line 38, and insert "A law enforcement officer, fire fighter, health care provider, health care facility staff person, department of corrections' staff person, jail staff person, or other categories of employment determined by the board in rule to be at risk of substantial exposure to HIV, who has experienced a substantial exposure to another person's bodily fluids in the course of his or her employment, may request a state or local public health officer to order pretest counseling, HIV testing, and posttest counseling for the person whose bodily fluids he or she has been exposed to. If the state or local public health officer refuses to order counseling and testing under this subsection, the person who made the request may petition the superior court for a hearing to determine whether an order shall be issued. The hearing on the petition shall be held within seventy-two hours of filing the petition, exclusive of Saturdays, Sundays, and holidays. The standard of review to determine whether the public health officer shall be required to issue the order is whether substantial exposure occurred and whether that exposure presents a possible risk of transmission of the HIV virus as defined by the board by rule. Upon conclusion of the hearing, the court shall issue the appropriate order.
The person who is subject to the state or local public health officer's order to receive counseling and testing shall be given written notice of the order promptly, personally, and confidentially, stating the grounds and provisions of the order, including the factual basis therefor. If the person who is subject to the order refuses to comply, the state or local public health officer may petition the superior court for a hearing. The hearing on the petition shall be held within seventy-two hours of filing the petition, exclusive of Saturdays, Sundays, and holidays. The standard of review for the order is whether substantial exposure occurred and whether that exposure presents a possible risk of transmission of the HIV virus as defined by the board by rule. Upon conclusion of the hearing, the court shall issue the appropriate order.
The state or local public health officer shall perform counseling and testing under this subsection if he or she finds that the exposure was substantial and presents a possible risk as defined by the board of health by rule or if he or she is ordered to do so by a court.
The counseling and testing required under this subsection shall be completed as soon as possible after the substantial exposure or after an order is issued by a court, but shall begin not later than seventy-two hours after the substantial exposure or an order is issued by the court."
and the same are herewith transmitted.
Mike O'Connell, Secretary
MOTION
There being no objection, the House did not concur in the Senate amendments to Substitute House Bill No. 1605, and asked the Senate for a Conference thereon.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Ballasiotes, Radcliff and Quall as Conferees on Substitute House Bill No. 1605.
MESSAGES FROM THE SENATE
April 21, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 6061 and asks the House to recede therefrom, and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
MOTION
There being no objection, the House refused to recede from the House amendment(s) to Engrossed Substitute Senate Bill No. 6061, and asked the Senate for a Conference thereon.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives K. Schmidt, Mitchell and Fisher as Conferees on Engrossed Substitute Senate Bill No. 6061.
RE-APPOINTMENT OF CONFEREES
The Speaker appointed Representative Hickel to replace Representative Talcott as Conferee on Second Substitute Senate Bill No. 5508.
MESSAGE FROM THE SENATE
April 19, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5149 and asks the House to recede therefrom, and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the rules were suspended, and Substitute Senate Bill No. 5149 was returned to second reading for the purpose of an amendment.
Representative Pennington moved the following amendment by Representative D. Schmidt (705):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.17.132 and 1995 c 397 s 5 are each amended to read as follows:
(1) During the twelve-month period ((preceding the last day for certification of the election results for a state legislator's election to office)) beginning on December 1st of the year before a general election for a state legislator's election to office and continuing through November 30th immediately after the general election, the legislator may not mail, either by regular mail or electronic mail, to a constituent at public expense a letter, newsletter, brochure, or other piece of literature, except as ((provided in this section.)) follows:
(a) The legislator may mail ((one)) two mailings of newsletters to constituents. All newsletters within each mailing of newsletters must be identical as to their content but not as to the constituent name or address. One such mailing may be mailed no later than thirty days after the start of a regular legislative session ((and one)), except that a legislator appointed during a regular legislative session to fill a vacant seat may have up to thirty days from the date of appointment to send out the first mailing. The other mailing may be mailed no later than sixty days after the end of a regular legislative session ((of identical newsletters to constituents)).
(b) The legislator may mail an individual letter to (i) an individual constituent who (((1))) has contacted the legislator regarding the subject matter of the letter during the legislator's current term of office; ((or (2))) (ii) an individual constituent who holds a governmental office with jurisdiction over the subject matter of the letter; or (iii) an individual constituent who has received an award or honor of extraordinary distinction of a type that is sufficiently infrequent to be noteworthy to a reasonable person, including, but not limited to: (A) An international or national award such as the Nobel prize or the Pulitzer prize; (B) a state award such as Washington scholar; (C) an Eagle Scout award; and (D) a Medal of Honor.
(2) For purposes of subsection (1) of this section, "legislator" means a legislator who is a "candidate," as defined by RCW 42.17.020, for any public office.
(3) A violation of this section constitutes use of the facilities of a public office for the purpose of assisting a campaign under RCW 42.52.180.
(4) The house of representatives and senate shall specifically limit expenditures per member for the total cost of mailings((, including)). Those costs include, but are not limited to, production costs, printing costs, and postage costs. The limits imposed under this subsection apply only to the total expenditures on mailings per member and not to any categorical cost within the total.
(5) For purposes of this section, persons residing outside the legislative district represented by the legislator are not considered to be constituents, but students, military personnel, or others temporarily employed outside of the district who normally reside in the district are considered to be constituents.
NEW SECTION. Sec. 2. RCW 42.17.132, as amended by this act, is recodified as a new section in chapter 42.52 RCW, to be placed between RCW 42.52.180 and 42.52.190."
Representatives Pennington and Scott spoke in favor of the adoption of the amendment. The amendment was adopted.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5149 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Substitute Senate Bill No. 5149, having received the constitutional majority, was declared passed.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE HOUSE BILL NO. 1176,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1361,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1372,
SUBSTITUTE HOUSE BILL NO. 1387,
SUBSTITUTE HOUSE BILL NO. 1693,
SUBSTITUTE HOUSE BILL NO. 1757,
SUBSTITUTE HOUSE BILL NO. 1780,
SUBSTITUTE HOUSE BILL NO. 1865,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1899,
SUBSTITUTE HOUSE BILL NO. 1903,
SUBSTITUTE HOUSE BILL NO. 1936,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2013,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2042,
SECOND SUBSTITUTE HOUSE BILL NO. 2080,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2128,
MESSAGES FROM THE SENATE
April 21, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to SENATE BILL NO. 5034 and asks the House for a conference thereon. The President has appointed the following members as conferees:
Senators Schow, Heavey and Oke
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House granted the Senate's request for a conference on SENATE BILL NO. 5034. The Speaker appointed the following members as conferees:
Representatives McMorris, Honeyford and Wood
MESSAGE FROM THE SENATE
April 21, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 5082 and asks the House for a conference thereon. The President has appointed the following members as conferees:
Senators Long, Hargrove and Zarelli
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House granted the Senate's request for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 5082. The Speaker appointed the following members as conferees:
Representatives Cooke, Ballasiotes and Wolfe
MESSAGE FROM THE SENATE
April 21, 1997
Mr. Speaker:
The President of the Senate ruled the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5628 beyond the Scope and Object of the bill. The Senate refuses to concur in said amendment(s) and asks the House to recede therefrom,
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House insisted on its position regarding the House amendments to Substitute Senate Bill No. 5628, and asked the Senate for a Conference thereon.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Crouse, DeBolt and Poulsen as Conferees on Substitute Senate Bill No. 5628.
MESSAGE FROM THE SENATE
April 21, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5710 and asks the House for a conference thereon. The President has appointed the following members as conferees:
Senators Long, Hargrove and Zarelli
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House granted the Senate's request for a conference on ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5710. The Speaker appointed the following members as conferees:
Representatives Carrell, Cooke and Kastama
MESSAGE FROM THE SENATE
April 21, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5718 and asks the House for a conference thereon. The President has appointed the following members as conferees:
Senators Wood, Haugen and Horn
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House granted the Senate's request for a conference on SUBSTITUTE SENATE BILL NO. 5718. The Speaker appointed the following members as conferees:
Representatives Robertson, K. Schmidt and Hatfield
SENATE AMENDMENTS TO HOUSE BILL
April 18, 1997
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2097 with the following amendments:
On page 1, line 12, after "insurance commissioner;" insert (b) Derivative instruments shall not be used for speculative purposes, but only as stated in subsection (1)(a);"
Renumber the sections consecutively and correct any internal references accordingly
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
MOTION
Representative L. Thomas moved that the House not concur in the Senate amendments to Substitute House Bill No. 2097 and ask the Senate to recede therefrom.
Representatives L. Thomas and Wolfe spoke in favor of the adoption of the motion. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives L. Thomas, Benson and Keiser as conferees on Substitute House Bill No. 2097.
SENATE AMENDMENTS TO HOUSE BILL
April 16, 1997
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1130 with the following amendments:
On page 4, line 1, strike all of Section 8.
Renumber the sections consecutively and correct any internal references accordingly.
On page 1, line 3 of the title, after "RCW;", insert "and".
On page 1, beginning on line 3 of the title, after "sections" strike "; and providing for submission of this act to a vote of the people".
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
MOTION
Representative Sheahan moved that the House not concur in the Senate amendments to Engrossed Substitute House Bill No. 1130, and asked the Senate to recede therefrom.
Representative Constantine moved that the House concur in the Senate amendments to Engrossed Substitute House Bill No. 1130 and pass the bill as amended by the Senate.
Representative Constantine spoke in favor of the motion.
Representative Sheahan spoke against the motion.
Division was demanded. The Speaker divided the House. The results of the division was 42-YEAS; 56-NAYS. The motion was not carried.
There being no objection, the House did not concur in the Senate amendments to Engrossed Substitute House Bill No. 1130, and asked the Senate to recede therefrom.
SENATE AMENDMENTS TO HOUSE BILL
April 17, 1997
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1058 with the following amendments:
On page 1 after line 17, insert the following:
"NEW SECTION. Sec. 2. The health of the people of our state is a most important public concern. The state has an interest in assuring the continued existence of accessible, affordable health care facilities that are responsive to the needs of the communities in which they exist. The state also has a responsibility to protect the public interest in nonprofit hospitals and to clarify the responsibilities of local public hospital district boards with respect to public hospital district assets by making certain that the charitable and public assets of those hospitals are managed prudently and safeguarded consistent with their mission under the laws governing nonprofit and municipal corporations.
NEW SECTION. Sec. 3. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the Washington state department of health.
(2) "Hospital" means any entity that is: (a) Defined as a hospital in RCW 70.41.020 and is required to obtain a license under RCW 70.41.090; or (b) a psychiatric hospital required to obtain a license under chapter 71.12 RCW.
(3) "Acquisition" means an acquisition by a person of an interest in a nonprofit hospital, whether by purchase, merger, lease, gift, joint venture, or otherwise, that results in a change of ownership or control of twenty percent or more of the assets of the hospital, or that results in the acquiring person holding or controlling fifty percent or more of the assets of the hospital, but acquisition does not include an acquisition if the acquiring person: (a) Is a nonprofit corporation having a substantially similar charitable health care purpose as the nonprofit corporation from whom the hospital is being acquired, or is a government entity; (b) is exempt from federal income tax under section 501(c)(3) of the internal revenue code or as a government entity; and (c) will maintain representation from the affected community on the local board of the hospital.
(4) "Nonprofit hospital" means a hospital owned by a nonprofit corporation organized under Title 24 RCW.
(5) "Person" means an individual, a trust or estate, a partnership, a corporation including associations, limited liability companies, joint stock companies, and insurance companies.
NEW SECTION. Sec. 4. (1) A person may not engage in the acquisition of a nonprofit hospital without first having applied for and received the approval of the department under this chapter.
(2) An application must be submitted to the department on forms provided by the department, and at a minimum must include: The name of the hospital being acquired, the name of the acquiring person or other parties to the acquisition, the acquisition price, a copy of the acquisition agreement, a financial and economic analysis and report from an independent expert or consultant of the effect of the acquisition under the criteria in section 8 of this act, and all other related documents. The applications and all related documents are considered public records for purposes of chapter 42.17 RCW.
(3) The department shall charge an applicant fees sufficient to cover the costs of implementing this chapter. The fees must include the cost of the attorney general's opinion under section 7 of this act. The department shall transfer this portion of the fee, upon receipt, to the attorney general.
NEW SECTION. Sec. 5. (1) The department, in consultation with the attorney general, shall determine if the application is complete for the purposes of review. The department may find that an application is incomplete if a question on the application form has not been answered in whole or in part, or has been answered in a manner that does not fairly meet the question addressed, or if the application does not include attachments of supporting documents as required by section 4 of this act. If the department determines that an application is incomplete, it shall notify the applicant within fifteen working days after the date the application was received stating the reasons for its determination of incompleteness, with reference to the particular questions for which a deficiency is noted.
(2) Within five working days after receipt of a completed application, the department shall publish notice of the application in a newspaper of general circulation in the county or counties where the hospital is located and shall notify by first class United States mail, electronic mail, or facsimile transmission, any person who has requested notice of the filing of such applications. The notice must state that an application has been received, state the names of the parties to the agreement, describe the contents of the application, and state the date by which a person may submit written comments about the application to the department.
NEW SECTION. Sec. 6. During the course of review under this chapter, the department shall conduct one or more public hearings, at least one of which must be in the county where the hospital to be acquired is located. At the hearings, anyone may file written comments and exhibits or appear and make a statement. The department may subpoena additional information or witnesses, require and administer oaths, require sworn statements, take depositions, and use related discovery procedures for purposes of the hearing and at any time prior to making a decision on the application.
A hearing must be held not later than forty-five days after receipt of a completed application. At least ten days' public notice must be given before the holding of a hearing.
NEW SECTION. Sec. 7. (1) The department shall provide the attorney general with a copy of a completed application upon receiving it. The attorney general shall review the completed application, and within forty-five days of the first public hearing held under section 6 of this act shall provide a written opinion to the department as to whether or not the acquisition meets the requirements for approval in section 8 of this act.
(2) The department shall review the completed application to determine whether or not the acquisition meets the requirements for approval in sections 8 and 9 of this act. Within thirty days after receiving the written opinion of the attorney general under subsection (1) of this section, the department shall:
(a) Approve the acquisition, with or without any specific modifications or conditions; or
(b) Disapprove the acquisition.
(3) The department may not make its decision subject to any condition not directly related to requirements in section 8 or 9 of this act, and any condition or modification must bear a direct and rational relationship to the application under review.
(4) A person engaged in an acquisition and affected by a final decision of the department has the right to an adjudicative proceeding under chapter 34.05 RCW. The opinion of the attorney general provided under subsection (1) of this section may not constitute a final decision for purposes of review.
(5) The department or the attorney general may extend, by not more than thirty days, any deadline established under this chapter one time during consideration of any application, for good cause.
NEW SECTION. Sec. 8. The department shall only approve an application if the parties to the acquisition have taken the proper steps to safeguard the value of charitable assets and ensure that any proceeds from the acquisition are used for appropriate charitable health purposes. To this end, the department may not approve an application unless, at a minimum, it determines that:
(1) The acquisition is permitted under chapter 24.03 RCW, the Washington nonprofit corporation act, and other laws governing nonprofit entities, trusts, or charities;
(2) The nonprofit corporation that owns the hospital being acquired has exercised due diligence in authorizing the acquisition, selecting the acquiring person, and negotiating the terms and conditions of the acquisition;
(3) The procedures used by the nonprofit corporation's board of trustees and officers in making its decision fulfilled their fiduciary duties, that the board and officers were sufficiently informed about the proposed acquisition and possible alternatives, and that they used appropriate expert assistance;
(4) No conflict of interest exists related to the acquisition, including, but not limited to, conflicts of interest related to board members of, executives of, and experts retained by the nonprofit corporation, acquiring person, or other parties to the acquisition;
(5) The nonprofit corporation will receive fair market value for its assets. The attorney general or the department may employ, at the expense of the acquiring person, reasonably necessary expert assistance in making this determination. This expense must be in addition to the fees charged under section 4 of this act;
(6) Charitable funds will not be placed at unreasonable risk, if the acquisition is financed in part by the nonprofit corporation;
(7) Any management contract under the acquisition will be for fair market value;
(8) The proceeds from the acquisition will be controlled as charitable funds independently of the acquiring person or parties to the acquisition, and will be used for charitable health purposes consistent with the nonprofit corporation's original purpose, including providing health care to the disadvantaged, the uninsured, and the underinsured and providing benefits to promote improved health in the affected community;
(9) Any charitable entity established to hold the proceeds of the acquisition will be broadly based in and representative of the community where the hospital to be acquired is located, taking into consideration the structure and governance of such entity; and
(10) A right of first refusal to repurchase the assets by a successor nonprofit corporation or foundation has been retained if the hospital is subsequently sold to, acquired by, or merged with another entity.
NEW SECTION. Sec. 9. The department shall only approve an application if the acquisition in question will not detrimentally affect the continued existence of accessible, affordable health care that is responsive to the needs of the community in which the hospital to be acquired is located. To this end, the department shall not approve an application unless, at a minimum, it determines that:
(1) Sufficient safeguards are included to assure the affected community continued access to affordable care, and that alternative sources of care are available in the community should the acquisition result in a reduction or elimination of particular health services;
(2) The acquisition will not result in the revocation of hospital privileges;
(3) Sufficient safeguards are included to maintain appropriate capacity for health science research and health care provider education;
(4) The acquiring person and parties to the acquisition are committed to providing health care to the disadvantaged, the uninsured, and the underinsured and to providing benefits to promote improved health in the affected community. Activities and funding provided under section 8(8) of this act may be considered in evaluating compliance with this commitment; and
(5) Sufficient safeguards are included to avoid conflict of interest in patient referral.
NEW SECTION. Sec. 10. (1) The secretary of state may not accept any forms or documents in connection with any acquisition of a nonprofit hospital until the acquisition has been approved by the department under this chapter.
(2) The attorney general may seek an injunction to prevent any acquisition not approved by the department under this chapter.
NEW SECTION. Sec. 11. The department shall require periodic reports from the nonprofit corporation or its successor nonprofit corporation or foundation and from the acquiring person or other parties to the acquisition to ensure compliance with commitments made. The department may subpoena information and documents and may conduct onsite compliance audits at the acquiring person's expense.
If the department receives information indicating that the acquiring person is not fulfilling commitments to the affected community under section 9 of this act, the department shall hold a hearing upon ten days' notice to the affected parties. If after the hearing the department determines that the information is true, it may revoke or suspend the hospital license issued to the acquiring person pursuant to the procedure established under RCW 70.41.130, refer the matter to the attorney general for appropriate action, or both. The attorney general may seek a court order compelling the acquiring person to fulfill its commitments under section 9 of this act.
NEW SECTION. Sec. 12. The attorney general has the authority to ensure compliance with commitments that inure to the public interest.
NEW SECTION. Sec. 13. An acquisition of a hospital completed before the effective date of this act and an acquisition in which an application for a certificate of need under chapter 70.38 RCW has been granted by the department before the effective date of this act is not subject to this chapter.
NEW SECTION. Sec. 14. No provision of this chapter derogates from the common law or statutory authority of the attorney general.
NEW SECTION. Sec. 15. The department may adopt rules necessary to implement this chapter and may contract with and provide reasonable reimbursement to qualified persons to assist in determining whether the requirements of sections 8 and 9 have been met.
Sec. 16. RCW 70.44.007 and 1982 c 84 s 12 are each amended to read as follows:
As used in this chapter, the following words ((shall)) have the meanings indicated:
(1) ((The words)) "Other health care facilities" ((shall)) means nursing home, extended care, long-term care, outpatient and rehabilitative facilities, ambulances, and such other facilities as are appropriate to the health needs of the population served.
(2) ((The words)) "Other health care services" ((shall)) means nursing home, extended care, long-term care, outpatient, rehabilitative, health maintenance, and ambulance services and such other services as are appropriate to the health needs of the population served.
(3) "Public hospital district" or "district" means public health care service district.
Sec. 17. RCW 70.44.240 and 1982 c 84 s 19 are each amended to read as follows:
Any public hospital district may contract or join with any other public hospital district, any publicly owned hospital, any nonprofit hospital, any corporation, any other legal entity, or individual to acquire ((or provide services or facilities)), own, operate, manage, or provide any hospital or other health care facilities or hospital services or other health care services to be used by individuals, districts, hospitals, or others, including the providing of health maintenance services. If a public hospital district chooses to contract or join with another party or parties pursuant to the provisions of this chapter, it may do so through the establishment of a nonprofit corporation, partnership, limited liability company, or other legal entity of its choosing in which the public hospital district and the other party or parties participate. The governing body of such legal entity shall include representatives of the public hospital district, including members of the public hospital district's board of commissioners. A public hospital district contracting or joining with another party pursuant to the provisions of this chapter may appropriate funds and may sell, lease, or otherwise provide property, personnel, and services to the legal entity established to carry out the contract or joint activity.
Sec. 18. RCW 70.44.300 and 1984 c 103 s 4 are each amended to read as follows:
(1) The board of commissioners of any public hospital district may sell and convey at public or private sale real property of the district ((which)) if the board ((has determined)) determines by resolution that the property is no longer required for public hospital district purposes or determines by resolution that the sale of the property will further the purposes of the public hospital district. ((Such sale and conveyance may be by deed or real estate contract.))
(2) Any sale of district real property authorized pursuant to this section shall be preceded, not more than one year prior to the date of sale, by market value appraisals by three licensed real estate brokers or professionally designated real estate appraisers as defined in RCW 74.46.020 or three independent experts in valuing health care property, selected by the board of commissioners, and no sale shall take place if the sale price would be less than ninety percent of the average of such appraisals.
(3) When the board of commissioners of any public hospital district proposes a sale of district real property pursuant to this section and the value of the property exceeds one hundred thousand dollars, the board shall publish a notice of its intention to sell the property. The notice shall be published at least once each week during two consecutive weeks in a legal newspaper of general circulation within the public hospital district. The notice shall describe the property to be sold and designate the place where and the day and hour when a hearing will be held. The board shall hold a public hearing upon the proposal to dispose of the public hospital district property at the place and the day and hour fixed in the notice and consider evidence offered for and against the propriety and advisability of the proposed sale.
(4) If in the judgment of the board of commissioners of any district the sale of any district real property not needed for public hospital district purposes would be facilitated and greater value realized through use of the services of licensed real estate brokers, a contract for such services may be negotiated and concluded. The fee or commissions charged for any broker service shall not exceed seven percent of the resulting sale price for a single parcel. No licensed real estate broker or professionally designated real estate appraisers as defined in RCW 74.46.020 or independent expert in valuing health care property selected by the board to appraise the market value of a parcel of property to be sold may be a party to any contract with the public hospital district to sell such property for a period of three years after the appraisal.
NEW SECTION. Sec. 19. A new section is added to chapter 70.44 RCW to read as follows:
(1) When evaluating a potential acquisition, the commissioners shall determine their compliance with the following requirements:
(a) That the acquisition is authorized under chapter 70.44 RCW and other laws governing public hospital districts;
(b) That the procedures used in the decision-making process allowed district officials to thoroughly fulfill their due diligence responsibilities as municipal officers, including those covered under chapter 42.23 RCW governing conflicts of interest and chapter 42.20 RCW prohibiting malfeasance of public officials;
(c) That the acquisition will not result in the revocation of hospital privileges;
(d) That sufficient safeguards are included to maintain appropriate capacity for health science research and health care provider education;
(e) That the acquisition is allowed under Article VIII, section 7 of the state Constitution, which prohibits gifts of public funds or lending of credit and Article XI, section 14, prohibiting private use of public funds;
(f) That the public hospital district will retain control over district functions as required under chapter 70.44 RCW and other laws governing hospital districts;
(g) That the activities related to the acquisition process complied with chapters 42.17 and 42.32 RCW, governing disclosure of public records, and chapter 42.30 RCW, governing public meetings;
(h) That the acquisition complies with the requirements of RCW 70.44.300 relating to fair market value; and
(i) Other state laws affecting the proposed acquisition.
(2) The commissioners shall also determine whether the public hospital district should retain a right of first refusal to repurchase the assets by the public hospital district if the hospital is subsequently sold to, acquired by, or merged with another entity.
(3)(a) Prior to approving the acquisition of a district hospital, the board of commissioners of the hospital district shall obtain a written opinion from a qualified independent expert or the Washington state department of health as to whether or not the acquisition meets the standards set forth in section 9 of this act.
(b) Upon request, the hospital district and the person seeking to acquire its hospital shall provide the department or independent expert with any needed information and documents. The department shall charge the hospital district for any costs the department incurs in preparing an opinion under this section. The hospital district may recover from the acquiring person any costs it incurs in obtaining the opinion from either the department or the independent expert. The opinion shall be delivered to the board of commissioners no later than ninety days after it is requested.
(c) Within ten working days after it receives the opinion, the board of commissioners shall publish notice of the opinion in at least one newspaper of general circulation within the hospital district, stating how a person may obtain a copy, and giving the time and location of the hearing required under (d) of this subsection. It shall make a copy of the report and the opinion available to anyone upon request.
(d) Within thirty days after it received the opinion, the board of commissioners shall hold a public hearing regarding the proposed acquisition. The board of commissioners may vote to approve the acquisition no sooner than thirty days following the public hearing.
(4)(a) For purposes of this section, "acquisition" means an acquisition by a person of any interest in a hospital owned by a public hospital district, whether by purchase, merger, lease, or otherwise, that results in a change of ownership or control of twenty percent or more of the assets of a hospital currently licensed and operating under RCW 70.41.090. Acquisition does not include an acquisition where the other party or parties to the acquisition are nonprofit corporations having a substantially similar charitable health care purpose, organizations exempt from federal income tax under section 501(c)(3) of the internal revenue code, or governmental entities. Acquisition does not include an acquisition where the other party is an organization that is a limited liability corporation, a partnership, or any other legal entity and the members, partners, or otherwise designated controlling parties of the organization are all nonprofit corporations having a charitable health care purpose, organizations exempt from federal income tax under section 501(c)(3) of the internal revenue code, or governmental entities. Acquisition does not include activities between two or more governmental organizations, including organizations acting pursuant to chapter 39.34 RCW, regardless of the type of organizational structure used by the governmental entities.
(b) For purposes of this subsection (4), "person" means an individual, a trust or estate, a partnership, a corporation including associations, a limited liability company, a joint stock company, or an insurance company.
NEW SECTION. Sec. 20. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 21. Sections 2 through 15 of this act constitute a new chapter in Title 70 RCW.
NEW SECTION. Sec. 22. 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."
Renumber the sections consecutively and correct any internal references accordingly.
On page 1, line 1 of the title, after "to", strike all material through and including "in".
On page 1, line 3 of the title, after "hospitals, strike "and".
On page 1, line 3 of the title, after "70.41.150" insert "; 70.44.007; 70.44.240; 70.44.300; adding a new section to chapter 70.44 RCW; adding a new chapter to Title 70 RCW; and declaring an emergency".
and the same are herewith transmitted.
Mike O'Connell, Secretary
Representative Sheldon: Mr. Speaker, I request a scope and object on the Senate amendments to Substitute House Bill No. 1058.
There being no objection, the House deferred consideration of Substitute House Bill No. 1058, and the bill holds it's place on the calendar.
MESSAGE FROM THE SENATE
April 19, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5071 and asks the House to recede therefrom,
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
MOTION
Representative Smith: Mr. Speaker, I move that the House insist on its position regarding the House amendments to SUBSTITUTE SENATE BILL NO. 5071, and again ask the Senate to concur therein.
MOTION
Representative Cole: Mr. Speaker, I move that the House recede from its position and pass SUBSTITUTE SENATE BILL NO. 5071 without the House amendments.
Representative Cole spoke in favor of the motion.
Representative Smith spoke against the motion. The motion was not carried.
The question before the House was the motion that the House insist on its position regarding the House amendments to Substitute Senate Bill No. 5071, and again ask the Senate to concur therein.
Representative Smith spoke in favor of the motion.
Representative Cole spoke against the motion.
Division was demanded. The Speaker divided the House. The results of the division was 59-YEAS; 39-NAYS. The motion was carried.
HOUSE RESOLUTION NO. 97-4667, by Representatives Regala, Alexander, Butler, Linville, Dunshee, Anderson, Blalock, Ogden, Cooper, O'Brien, Murray, Wood, Gardner, Lantz, Cole, Keiser, Quall, Romero, Conway, Veloria, H. Sommers, Mason, Parlette, Bush, Sehlin, Radcliff, Cooke and Morris
WHEREAS, April 22, 1997, marks the twenty-seventh Earth Day; and
WHEREAS, This world-wide event is an annual opportunity for people around the world to recommit themselves to a healthy environment and sustainable communities; and
WHEREAS, The number of people participating in Earth Day has grown from twenty million to more than two hundred million people in one hundred forty-one countries; and
WHEREAS, Since the first Earth Day in 1970, Congress has enacted a number of important environmental laws protecting our air, water, lands, and wildlife; and
WHEREAS, More Americans now understand that air, water, soil, forests, minerals, rivers, lakes, oceans, scenic beauty, wildlife habitats, and biodiversity constitute the wealth of the nation; and
WHEREAS, The protection of these resources help stimulate our economy, enhance our quality of life, and ensure a viable future for our children and grandchildren;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize our obligation to protect the planet and the state of Washington for future generations; and
BE IT FURTHER RESOLVED, That the House of Representatives support the efforts and activities of Earth Day events scheduled in communities throughout Washington and around the world.
Representative Regala moved the adoption of the resolution.
Representatives Regala, Lantz, Reams and Pennington spoke in favor of the adoption of the resolution.
House Resolution No. 4667 was adopted.
Representative Ogden: Members are invited to view a very unique collection of historical art today, Tuesday April 22, at the State Capital Museum, at 12:30 p.m.
Those who attend will have the opportunity to view a rare collection of artistic proposals and visual documents submitted in the context of competitions to identify artwork for the Legislative Building. These pieces are from state museum vaults; they are unconserved and are not on exhibit to the general public.
The history of murals proposed for this building spans several decades, Backlund to the 1920s vision of the building's architects, Wilder and White. The pieces that chronicle that history are locked in storage -- long outside public view -- awaiting the conservation, repair and framing that would allow their exhibition.
The Speaker called upon Representative Pennington to preside.
MESSAGE FROM THE SENATE
April 22, 1997
Mr. Speaker:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 1033,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1085,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1110,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1292,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1360,
SECOND SUBSTITUTE HOUSE BILL NO. 1392,
SUBSTITUTE HOUSE BILL NO. 1474,
SUBSTITUTE HOUSE BILL NO. 1491,
SUBSTITUTE HOUSE BILL NO. 1499,
SUBSTITUTE HOUSE BILL NO. 1513,
SUBSTITUTE HOUSE BILL NO. 1632,
SUBSTITUTE HOUSE BILL NO. 1791,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2276,
and the same are herewith transmitted.
Mike O'Connell, Secretary
MESSAGE FROM THE SENATE
April 19, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5175 and asks the House to recede therefrom,
and the same is herewith transmitted.
Mike O'Connell, Secretary
There being no objection, the House receded from its position and advanced Substitute Senate Bill No. 5175 without the House amendments to final passage.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5175 without House amendments.
Representatives Mastin and Linville spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5175 without House amendments, and the bill passed the House by the following vote: Yeas - 42, Nays - 56, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Mitchell, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 42.
Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 56.
Substitute Senate Bill No. 5175, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 21, 1997
Mr. Speaker:
The President of the Senate ruled the House amendment(s) to SENATE BILL NO. 5468 within the Scope and Object of the bill. The Senate refuses to concur in the House amendment(s), and asks the House to recede therefrom,
Date of Ruling April 21, 1997
Bill No. SB 5468
An Act Relating to: Apiaries.
IN RULING UPON THE POINT OF ORDER RAISED (DATE: APRIL 19, 1997) BY SENATOR RASMUSSEN TO THE SCOPE AND OBJECT OF THE HOUSE AMENDMENT THE PRESIDENT FINDS THAT SB 5468 IS A MEASURE WHICH: MAKES DIFFERING PROVISIONS RELATING TO BEEKEEPING; INCLUDING (1) EXEMPTING BEEKEEPING FROM THE ACTIVITIES SUBJECT TO ACTIONABLE NUISANCE, (2) DIRECTING THE APIARY ADVISORY COMMITTEE TO EXPLORE THE BENEFITS OF LOCATING POLLINATING BEES ON STATE LANDS, AND (3) ENABLING THE DEPARTMENT OF AGRICULTURE TO ESTABLISH A MODEL HONEY BEE MANAGEMENT PROGRAM AT THE REQUEST OF THE APIARY ADVISORY COMMITTEE.
THE HOUSE AMENDMENT WOULD MAKE SIMILAR PROVISIONS AND ADD ANOTHER RELATED PROVISION; NAMELY THE AMENDMENT WOULD REPEAL A FEE PAID BY USERS OF BEE SERVICES TO FUND THE INDUSTRY APIARY ADVISORY ACCOUNT.
THE PRESIDENT THEREFORE FINDS THAT THE PROPOSED AMENDMENT DOES NOT CHANGE THE SCOPE AND OBJECT OF THE BILL AND THE POINT OF ORDER IS NOT WELL TAKEN.
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objections, the House insisted on its position regarding the House amendment(s) to Senate Bill No. 5468, and again ask the Senate to concur therein.
MESSAGE FROM THE SENATE
April 19, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5511 and asks the House to recede therefrom,
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the rules were suspended, and Substitute Senate Bill No. 5511 was returned to second reading for the purpose of an amendment.
Representative Boldt moved the adoption of the following amendment by Representative Boldt: (708)
On page 1, line 10, after "information" strike "determined to be unfounded" and insert "related to unfounded referrals"
On page 1, beginning on line 16, strike all matter through "services." on line 19.
On page 3, after line 12, insert the following:
"Sec. 4. RCW 26.44.020 and 1996 c 178 § 10 are each amended to read as follows:
For the purpose of and as used in this chapter:
(1) "Court" means the superior court of the state of Washington, juvenile department.
(2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.
(3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" shall include a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected person for the purposes of this chapter.
(4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.
(5) "Department" means the state department of social and health services.
(6) "Child" or "children" means any person under the age of eighteen years of age.
(7) "Professional school personnel" shall include, but not be limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.
(8) "Social service counselor" shall mean anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.
(9) "Psychologist" shall mean any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(11) "Clergy" shall mean any regularly licensed or ordained minister, priest or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(12) "Abuse or neglect" shall mean the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child, adult dependent, or developmentally disabled person by any person under circumstances which indicate that the child's or adult's health, welfare, and safety is harmed. An abused child is a child who has been subjected to child abuse or neglect as defined herein.
(13) "Child protective services section" shall mean the child protective services section of the department.
(14) "Adult dependent persons" shall be defined as those persons over the age of eighteen years who have been found to be legally incompetent or disabled pursuant to chapter 11.88 RCW.
(15) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person.
(16) "Negligent treatment or maltreatment" means an act or omission which evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety.
(17) "Developmentally disabled person" means a person who has a disability defined in RCW 71A.10.020.
(18) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard the general welfare of such children and shall include investigations of child abuse and neglect reports, including reports regarding child care centers and family child care homes, and the development, management, and provision of or referral to services to ameliorate conditions which endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.
(19) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty.
(20) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a "sexually aggressive youth.
(21) "Unfounded" means available evidence indicates that, more likely than not, child abuse or neglect did not occur."
Correct the title.
Representatives Boldt and Tokuda spoke in favor of the adoption of the amendment. The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Boldt and Tokuda spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5511.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5511 and the bill passed the House by the following vote: Yeas - 76, Nays - 22, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Constantine, Cooke, Cooper, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, L., Thompson, Van Luven, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 76.
Voting nay: Representatives Appelwick, Blalock, Butler, Chopp, Cody, Cole, Conway, Costa, Dickerson, Dunshee, Fisher, Keiser, Kenney, Lantz, Murray, Regala, Romero, Scott, Sullivan, Thomas, B., Tokuda and Veloria - 22.
Substitute Senate Bill No. 5511, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 19, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE NO. 5270, and asks the House to recede therefrom,
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House insisted on its position regarding the House amendments to Substitute Senate Bill No. 5270, and asked the Senate for a Conference thereon.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives L. Thomas, Smith and Wolfe as Conferees on Substitute Senate Bill No. 5270.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1032,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1056,
SUBSTITUTE HOUSE BILL NO. 1076,
SECOND SUBSTITUTE HOUSE BILL NO. 1191,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1527,
SUBSTITUTE HOUSE BILL NO. 1536,
SECOND SUBSTITUTE HOUSE BILL NO. 1557,
SUBSTITUTE HOUSE BILL NO. 1607,
SUBSTITUTE HOUSE BILL NO. 1620,
SUBSTITUTE HOUSE BILL NO. 1768,
SUBSTITUTE HOUSE BILL NO. 1770,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1792,
SECOND SUBSTITUTE HOUSE BILL NO. 1817,
SUBSTITUTE HOUSE BILL NO. 1826,
SUBSTITUTE HOUSE BILL NO. 1875,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2096,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2170,
SUBSTITUTE HOUSE BILL NO. 2189,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2264,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2272,
REAPPOINTMENT OF CONFEREES
The Speaker appointed Representative Conway as conferee on Senate Bill No. 5034 to replace Representative Wood.
The Speaker assumed the chair.
MESSAGE FROM THE SENATE
April 22, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5327 and asks the House for a conference thereon. The President has appointed the following members as Conferees:
Senators Morton, Hargrove and Rossi
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House granted the Senate request for a conference on Substitute Senate Bill No. 5327. The Speaker appointed the following members as Conferees:
Representatives Buck, Alexander and Butler
MESSAGE FROM THE SENATE
April 22, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to SECOND SUBSTITUTE SENATE BILL NO. 5886 and asks the House for a conference thereon. The President has appointed the following members as Conferees:
Senators Strannigan, Jacobson and Oke
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House granted the Senate request for a conference on Second Substitute Senate Bill No. 5886. The Speaker appointed the following members as Conferees:
Representatives Buck, Alexander and Anderson
MESSAGE FROM THE SENATE
April 22, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 5574 and asks the House for a conference thereon. The President has appointed the following members as Conferees:
Senators Horn, Patterson and Swecker
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House granted the Senate request for a conference on Engrossed Substitute Senate Bill No. 5574. The Speaker appointed the following members as Conferees:
Representatives Carrell, Mulliken and Dunshee
MESSAGE FROM THE SENATE
April 22, 1997
Mr. Speaker:
The Senate refuses to concur in the House amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 5491 and asks the House for a conference thereon. The President has appointed the following members as Conferees:
Senators Long, Franklin and Stevens
and the same is herewith transmitted.
Susan Carlson, Deputy Secretary
There being no objection, the House granted the Senate request for a conference on Engrossed Substitute Senate Bill No. 5491. The Speaker appointed the following members as Conferees:
Representatives Boldt, Bush and Tokuda
MESSAGE FROM THE SENATE
April 22, 1997
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5003,
SUBSTITUTE SENATE BILL NO. 5028,
SUBSTITUTE SENATE BILL NO. 5077,
SUBSTITUTE SENATE BILL NO. 5079,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5105,
SUBSTITUTE SENATE BILL NO. 5119,
SUBSTITUTE SENATE BILL NO. 5173,
SUBSTITUTE SENATE BILL NO. 5177,
SUBSTITUTE SENATE BILL NO. 5218,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5273,
SUBSTITUTE SENATE BILL NO. 5337,
SUBSTITUTE SENATE BILL NO. 5341,
SUBSTITUTE SENATE BILL NO. 5359,
SUBSTITUTE SENATE BILL NO. 5445,
SUBSTITUTE SENATE BILL NO. 5483,
SUBSTITUTE SENATE BILL NO. 5512,
ENGROSSED SENATE BILL NO. 5514,
SUBSTITUTE SENATE BILL NO. 5539,
SUBSTITUTE SENATE BILL NO. 5563,
SUBSTITUTE SENATE BILL NO. 5715,
SUBSTITUTE SENATE BILL NO. 5750,
ENGROSSED SENATE BILL NO. 5954,
SUBSTITUTE SENATE BILL NO. 5965,
SUBSTITUTE SENATE BILL NO. 6022,
and the same are herewith transmitted.
Mike O'Connell, Secretary
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE SENATE BILL NO. 5003,
SUBSTITUTE SENATE BILL NO. 5028,
SUBSTITUTE SENATE BILL NO. 5077,
SUBSTITUTE SENATE BILL NO. 5079,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5105,
SUBSTITUTE SENATE BILL NO. 5119,
SUBSTITUTE SENATE BILL NO. 5173,
SUBSTITUTE SENATE BILL NO. 5177,
SUBSTITUTE SENATE BILL NO. 5218,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5273,
SUBSTITUTE SENATE BILL NO. 5337,
SUBSTITUTE SENATE BILL NO. 5341,
SUBSTITUTE SENATE BILL NO. 5359,
SUBSTITUTE SENATE BILL NO. 5445,
SUBSTITUTE SENATE BILL NO. 5483,
SUBSTITUTE SENATE BILL NO. 5512,
ENGROSSED SENATE BILL NO. 5514,
SUBSTITUTE SENATE BILL NO. 5539,
SUBSTITUTE SENATE BILL NO. 5563,
SUBSTITUTE SENATE BILL NO. 5715,
SUBSTITUTE SENATE BILL NO. 5750,
ENGROSSED SENATE BILL NO. 5954,
SUBSTITUTE SENATE BILL NO. 5965,
SUBSTITUTE SENATE BILL NO. 6022,
SUBSTITUTE HOUSE BILL NO. 1086,
SUBSTITUTE HOUSE BILL NO. 1257,
SUBSTITUTE HOUSE BILL NO. 1261,
SUBSTITUTE HOUSE BILL NO. 2083,
There being no objection, the House reverted to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HB 2286 by Representatives Dyer and Cody
AN ACT Relating to naturopathic physicians; amending RCW 18.36A.010, 18.36A.020, 18.36A.030, 18.36A.040, 18.36A.050, 18.36A.070, 18.06.050, 18.74.010, 18.120.020, and 43.70.470; and reenacting and amending RCW 18.130.040.
Referred to Committee on Health Care.
There being no objection, the bill listed on the day's introduction sheet under the fourth order of business was referred to the committee so designated.
RESOLUTIONS
HOUSE RESOLUTION NO. 97-4668, by Representatives Costa, Cooper, Anderson, Tokuda, Wood, Cole, Dickerson, Gardner, Gombosky, O'Brien, Blalock, Lantz, Ogden, Cody, Dunshee, Sehlin, Murray, Sullivan, Grant, Chopp, Conway, Fisher, Keiser, Wolfe, Kastama, Linville, Appelwick, Carlson, Mason, Romero and Morris
WHEREAS, The Washington State Legislature recognizes that a healthy, robust, and protected population of whales and other marine mammals within Washington coastal waters is of critical significance to our regional ecology, economy, recreation opportunities, and our general quality of life; and
WHEREAS, The presence of migrating and residential marine mammal populations is also a distinctive element of our state's geographical, cultural, and historical identity, and our children's natural legacy; and
WHEREAS, Due to the privileged presence of cetaceans and pinnipeds in our waters, many coastal communities, which currently endure the economic hardships of declining fisheries and timber, have successfully turned to sustainable natural resource-based tourism, including whale-watching activities, an industry that now generates more than eleven million dollars of direct state-wide revenue annually and which greatly benefits secondary tourism and hospitality business; and
WHEREAS, Despite the establishment of a federal Marine Mammal Protection Act in 1972, many species of marine mammals, nationally and internationally, continue to endure threats from humans through overfishing, habitat degradation, small-scale harvesting, environmental and atmospheric pollution, and other anthropogenic causes; and
WHEREAS, The Legislature recognizes that efforts to protect and maintain healthy and robust marine mammal species is of vital benefit to both ourselves and our children, and that the responsible guardianship of our existing marine mammal populations will provide future generations with enjoyment and sustainable educational, recreational, and tourism resources for years to come;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives acknowledge efforts by our residents to protect marine mammals living in and migrating through our coastal waters for present and future generations, so that the coastlines and estuaries of the state of Washington may become renowned internationally as places of sanctuary for all marine mammals.
There being no objection, House Resolution No. 4668 was adopted.
HOUSE RESOLUTION NO. 97- 4663, by Representatives Tokuda, Mason, Veloria and Cody
WHEREAS, The Seattle Community For Youth was founded in 1985 as a nonprofit organization to promote the use of mentors to prevent academic and social failures by positively participating in the lives of youth at risk. The focus of Steps Ahead is ninth and tenth graders identified by teachers and counselors as needing extra adult guidance to make a successful transition from middle school to high school. There is no other volunteer mentor program working in the Seattle public schools matching adults with high school students that offers this rigorous day-to-day support for youth nominated by teachers and counselors; and
WHEREAS, Students are given the choice to participate in this program, entering as ninth graders with the option of reenrolling each year. They know they are committing for an entire school year. They set their own goals for school performance, attendance, behavior, and relationships at home. The program works because these students want to succeed in school and in life but, simply, do not have all the skills to do so; and
WHEREAS, Many of these students are likely to drop out, get into trouble with the school or the law, or get pregnant. They have risk factors such as: Siblings who have dropped out of school, truancy, death of a parent or close relative, behind a grade in school, abuse, previously homeless, academic achievement significantly below ability level, or gang involvement; and
WHEREAS, During its first six years, two hundred thirty-five ninth graders enrolled. The program is now in its seventh year at Rainier Beach High School, fourth year at Cleveland High School, and third year at Garfield High School in Seattle; and
WHEREAS, The Seattle Community For Youth encourages the returning students to continue in the program as juniors and seniors in the Steps Beyond program. With mentors, these students work in monthly workshops learning leadership skills as they volunteer to work with other community volunteer groups. They continue to apply their learning in the areas of responsibility, commitment, and personal integrity; and
WHEREAS, Steps Ahead students do better than their statistical control group. Steps Ahead students have ten percent better classroom attendance, twenty-five percent fewer failing grades, and fifteen percent fewer dropouts, expulsions, and long-term suspensions. Over the course of the school years, more of the control group of students commit increasingly serious offenses and leave school while the Steps Ahead students receive fewer discipline referrals and the seriousness of the offenses diminishes; and
WHEREAS, Students from the Steps Ahead group graduated from the Rainier Beach High School in June 1994. One third of the graduates won scholarships and scholastic awards and one-fifth were on the honor roll;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize the Community For Youth organization for its outstanding contribution to the state of Washington, the city of Seattle, and the community for which it was founded; and
BE IT FURTHER RESOLVED, That the House of Representatives recognize the adult mentors of the Seattle Community For Youth for their dedication to the youth of today and the leaders of tomorrow; and
BE IT FURTHER RESOLVED, That the House of Representatives recognize the students voluntarily participating in this program and commend them for looking out for their own futures; and
BE IT FURTHER RESOLVED, That the Community For Youth should act as a model for others desiring to contribute in a positive manner for the benefit of the community to act as positive role models for the youth of the state of Washington.
There being no objection, House Resolution No. 4663 was adopted.
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., Wednesday, April 23, 1997.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk
1008 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1019
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1032 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1033 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
1056 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1058 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
1076 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1085 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
1086 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70
1110 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
1130 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
1162
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1166 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1176 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
1190 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1191 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1235 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1257 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70
1261 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70
1267
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70
1292 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
1325 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1330
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1353
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1360 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
1361 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
1367
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
1372 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
1387 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
1392 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
1398
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
1420
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
1425 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1439
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
1457
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
1458
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
1468
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
1474 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
1491 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
1499 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
1513 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
1527 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1536 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1557 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1589
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
1592 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1605 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
1607 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1609
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1620 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1632 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
1646
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
1693 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
1757 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
1768 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1770 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1771 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
1780 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
1791 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
1792 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1817 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1826 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1865 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
1866 (2nd Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
1875 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
1888 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
1899 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
1903 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
1922
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
1936 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
1945
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1982
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
2011
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2013 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
2042 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
2046 (2nd Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
2050 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
2080 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
2083 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70
2091
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
2096 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
2097 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
2117
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
2128 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
2165
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
2170 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
2189 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
2227 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
2264 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
2267
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50
2272 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
2276 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
2286
Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
4208
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
4645 Honoring KGY Radio, Olympia
Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4663 Honoring Seattle Community for Youth
Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
4667 Recognizing Earth Day
Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
4668 Recognizing Marine Mammals Protection
Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
5003 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5028 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5034
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
5071 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
5077 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5079 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5082 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
5105 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5119 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5149 (Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
5173 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5175 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
5177 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5195
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5218 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5266
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5270 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
5273 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5327 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
5337 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5341 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5359 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5445 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5468
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
5483 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5491 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
5503
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5511 (Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
5512 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5514
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 68
5530
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 68
5539 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 68
5554
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 69
5563 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 69
5570
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5570 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
5574 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
5628 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
5659
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 69
5674
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 69
5710 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
5715 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 69
5718 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
5741
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 69
5750 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 69
5886 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
5954
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 69
5965 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 69
6022 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 69
6061 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
HOUSE OF REPRESENTATIVES
Point of Order, Representative Sheldon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60