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ONE HUNDRED-SECOND DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Thursday, April 22, 1993
The House was called to order at 9:00 a.m. by the Speaker (Representative R. Meyers 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 Molly Stephins and Inti Bohmer Tapia. Inspirational Message was offered by Representative Bray. Earth Day Prayer was offered by Representative Rust.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
RESOLUTIONS
HOUSE RESOLUTION NO. 93-4659, by Representatives Basich, Shin, Heavey, Riley, Kessler, Long, Jones, Chandler, Ballard, Morton, Schoesler, Edmondson, Sehlin, Linville, Rust, Wang, Kremen, Rayburn, Zellinsky, Wineberry, Veloria, Quall, Grant, Dunshee, Lemmon, Bray, Brough, Brumsickle, Foreman, Lisk, Thomas and Campbell
WHEREAS, Nearly five years of hard work and dedication is almost complete, as construction of the long-awaited Washington State Korean War Veterans Memorial began this week on the capitol campus; and
WHEREAS, Largely owing to the efforts of The Chosin Few and other concerned veterans, private fund-raising efforts are nearing the goal of the $250,000 needed for the project; and
WHEREAS, Generous support for the project has come from our State's Korean community, local governments, private businesses, and the general public; and
WHEREAS, Volunteers have given countless hours of their time and effort for a memorial that will pay tribute to the men and women who served in the armed forces in Korea, during a war that has often gone unnoticed and has sometimes been forgotten; and
WHEREAS, The statue is designed by artist Deborah Copenhaver of Spokane and is designed to invite the viewer to contemplate the meaning of war and to acknowledge the personal and supreme sacrifices of veterans; and
WHEREAS, The memorial will remind us and future generations of the sacrifices by the 6 million Americans who served during the Korean War and the 32,964 who lost their lives there; and
WHEREAS, The project specifically provides a permanent memorial for the 473 Washington residents who were killed or declared missing in action during the war; and
WHEREAS, Memorials like these protect the spirit of service, the willingness to sacrifice, and the dedication to freedom that characterized all who sacrifice, and the dedication to freedom that characterized all who served under our flag in Korea; and
WHEREAS, The creation of this monument can truly be described as an act of wisdom and a real labor of love represented by the commitment and dedication of those who are in the gallery with us today and others; and
WHEREAS, Dedication ceremonies for the memorial will be held on July 24, 1993, a date that marks the 40th anniversary of the end of the Korean War;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington recognize the Washington State Korean War Veterans Memorial and the many volunteers who have given so much of themselves to honor and remember those who served our country during that war.
Representative Basich moved the adoption of the resolution.
The Speaker (Representative R. Meyers presiding) called on Representative King to preside.
Representatives Basich, Heavey, Shin and Edmondson spoke in favor of adoption of the resolution.
House Resolution No. 4659 was adopted.
HOUSE RESOLUTION NO. 93-4657, by Representatives Rust, Horn, L. Johnson, Holm, Cothern, Linville, Anderson, Flemming, Hansen, Roland, Romero, Bray, Thibaudeau, Heavey, Johanson, Rayburn, Shin, Finkbeiner, Morris, Patterson, Pruitt, Jacobsen, Wang, Riley, Ogden, J. Kohl, Wolfe, G. Cole, Karahalios, Zellinsky, Brown, R. Fisher, H. Myers, Van Luven, Edmondson, Springer, Foreman, Chandler, Sheahan, Brough, Thomas and Kremen
WHEREAS, Our environment is devoid of borders and boundaries that separate cities, states, and continents; and
WHEREAS, Earth Day began twenty-three years ago this week as a celebration of life on our fragile planet; and
WHEREAS, Since then, our environment has benefitted from countless new protections while it has also suffered devastating disasters at the hands of its caretakers; and
WHEREAS, While we, as individuals, are often our environment's worst enemy, we are also capable of being its best ally; and
WHEREAS, While we pause every Spring to commemorate this day, we must also remember that increased awareness alone will not protect our world from further threats or future environmental destruction; and
WHEREAS, Earth Day reminds us, for a short time, of our obligation as temporary residents of this planet and of the need to fulfill that charge every day of the year; and
WHEREAS, Washington state is the home of Denis Hayes, the Executive Director of the nation's first Earth Day celebration, and Washington is also the birthplace of landmark environmental legislation; and
WHEREAS, Our state has taken great strides in recent years to protect our waterways from oil spills, clean the air we breathe, safeguard our wetlands, and encourage recycling; and
WHEREAS, We must not allow that pride to foster complacency;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington recognize and acknowledge the foresight and contributions of Denis Hayes and countless others with environmental awareness in Washington and throughout the nation; and
BE IT FURTHER RESOLVED, That the House of Representatives observe and commemorate Earth Day as a time for reflection, renewal, and recommitment to a clean and protected environment.
Representative Rust moved the adoption of the resolution.
Representatives Rust, J. Kohl and Valle spoke in favor of adoption of the resolution.
House Resolution No. 4657 was adopted.
HOUSE RESOLUTION NO. 93-4658, by Representatives G. Cole, Rust, Karahalios, Rayburn, Valle, Edmondson, Ballasiotes, Roland, Leonard, Kremen and Vance
WHEREAS, The children of Washington State have lost an important friend and advocate this week, Dorothy Roberts of Enumclaw; and
WHEREAS, The League of Women Voters is mourning the passing of Dorothy Roberts, a good friend and irreplaceable board member; and
WHEREAS, Dorothy Roberts was a lifelong Washington resident and a devoted wife and mother who always found time for people in need; and
WHEREAS, Dorothy Roberts joined the League of Women Voters in 1971, and was a member for over twenty years tirelessly lobbying on education, environmental, taxes, and childrens' issues; and
WHEREAS, Dorothy served for many years as a volunteer lobbyist in Olympia for the P.T.A., childrens' public health, and environmental issues; and
WHEREAS, Dorothy was an active member and advocate for housing the homeless through her United Methodist Church and has been honored by having a family shelter recently dedicated in her name; and
WHEREAS, The King County South League of Women Voters in December awarded Dorothy their Mary Fisher Memorial Award, presented each year to an outstanding member; and
WHEREAS, An appropriate way to acknowledge this faithful citizen would be to dedicate the recently passed Substitute House Bill No. 1064, the Ban on Corporal Punishment, to Dorothy, who lobbied for so many years for its passage;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor the many accomplishments of Dorothy Roberts.
Representative G. Cole moved the adoption of the resolution.
Representatives G. Cole, Leonard, Rust, Vance and Valle spoke in favor of adoption of the resolution.
House Resolution No. 4658 was adopted.
There being no objection, the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HB 2137 by Representatives Veloria, Forner, Campbell and Mielke
Regulating clinical laboratory science practitioners.
Referred to Committee on Health Care.
SB 5977 by Senator Rinehart; by request of Office of Financial Management
Verifying initiative and referendum petititions.
On motion of Representative Sheldon, the bills listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.
There being no objection, the House advanced to the fifth order of business.
REPORTS OF STANDING COMMITTEES
April 21, 1993
SCR 8406 Prime Sponsor, M. Rasmussen: Creating a committee for agricultural housing and benefits. Reported by Committee on Trade, Economic Development & Housing
MAJORITY recommendation: Do pass with the following amendments:
On page 1, line 18, after "of" strike "sixteen" and insert "eighteen".
On page 1, line 19, after "follows" strike "Eight" and insert "Ten".
On page 2, line 2, after "committee," insert "the chair and ranking member of the House of Representatives trade, economic development and housing committee,".
Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Forner, Ranking Minority Member; Campbell; Conway; Schoesler; Springer; and Valle.
MINORITY recommendation: Without recommendation. Signed by Representative Chandler, Assistant Ranking Minority Member;
Excused: Representatives Casada, Morris, Quall, Sheldon and Wood.
Passed to Committee on Rules for second reading.
On motion of Representative Sheldon, the resolution listed on today's committee report under the fifth order of business was referred to the committee so designated.
MESSAGES FROM THE SENATE
April 21, 1993
Mr. Speaker:
The Senate has concurred in the House amendments to ENGROSSED SUBSTITUTE SENATE BILL NO. 5702 and passed the bill as amended by the House, and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 21, 1993
Mr. Speaker:
The Senate receded from its amendments on page 5, line 11 and page 1, line 3 which the Speaker ruled out of order to SUBSTITUTE HOUSE BILL NO. 1350 and passed the bill with the Senate amendments on page 4, line 33, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 21, 1993
Mr. Speaker:
The Senate has concurred in the House amendments to the following bills and passed the bills as amended by the House:
SUBSTITUTE SENATE BILL NO. 5357,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 21, 1993
Mr. Speaker:
The Senate receded from its amendments to HOUSE BILL NO. 1644 and passed the bill without the Senate amendments, and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 21, 1993
Mr. Speaker:
The Senate receded from its amendments to HOUSE BILL NO. 1648 and passed the bill without the Senate amendments, and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 20, 1993
Mr. Speaker:
The Senate receded from its amendments to HOUSE BILL NO. 1384 and passed the bill without the Senate amendments, and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 21, 1993
Mr. Speaker:
The Senate has adopted:
HOUSE JOINT MEMORIAL NO. 4021,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 20, 1993
Mr. Speaker:
The Senate has concurred in the House amendments to the following bills and passed the bills as amended by the House:
SUBSTITUTE SENATE BILL NO. 5176,
ENGROSSED SENATE BILL NO. 5342,
SUBSTITUTE SENATE BILL NO. 5360,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5502,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5574,
SUBSTITUTE SENATE BILL NO. 5686,
SUBSTITUTE SENATE BILL NO. 5688,
SUBSTITUTE SENATE BILL NO. 5829,
SUBSTITUTE SENATE BILL NO. 5837,
SUBSTITUTE SENATE BILL NO. 5963,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 8, 1993
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1135, with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature declares that the husbandry of alternative livestock as a farming operation may provide a consistent source of healthful food, offers opportunities for new jobs and increased farm income stability, and improves the balance of trade.
The legislature intends to establish a process to identify vertebrate animal species that may be commercially raised in the state of Washington.
The legislature finds that many areas of the state of Washington may be suitable for alternative livestock farms, and therefore the legislature encourages the promotion of alternative livestock farming activities, programs, and development with the same status as other agricultural activities, programs, and development within the state.
The legislature finds that alternative livestock farming should be considered a branch of the agricultural industry of the state for purposes of laws that apply to or provide for the advancement, benefit, or protection of the agriculture industry within the state. The legislature further finds, however, that alternative livestock farming may pose threats to the state's wildlife, and therefore requires effective regulation to minimize these threats.
It is therefore the policy of this state to encourage the development and expansion of alternative livestock farming within the state. It is also the policy of this state to protect wildlife and existing traditional livestock industries by providing for effective regulation of alternative livestock farming including but not limited to a disease inspection and control program for alternative livestock farming operations.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Alternative livestock" means those species designated under the provisions of section 10 of this act so long as they are: Confined by humans; raised or used in farm or ranch operations in the private sector; and produced on the farm or ranch or legally acquired for the farm or ranch. "Alternative livestock" shall not include: Resident wildlife species that currently exist in a wild state in the state of Washington; domestic dogs (canis familiaris) or domestic cats (felis domestica); private sector aquatic products as defined in and regulated under chapter 15.85 RCW; animals raised for release into the wild; animals raised for the purpose of hunting that takes place in this state; or fur farming and game farming as currently allowed and regulated by chapters 16.72 and 77.32 RCW.
(2) "Alternative livestock farm or ranch" means the farm or ranch upon which alternative livestock are reared and shall not include publicly and privately owned facilities for which a license or permit is required under RCW 77.12.570 or 77.32.010.
(3) "Alternative livestock products" means the agricultural products of alternative livestock including, but not limited to, meat and meat products, velvet, antlers, horns, leather, hides, feathers, eggs, gametes, and genetic materials. "Alternative livestock products" does not include a product that is required to be identified under section 5 of this act and is not identified as required.
(4) "Department" means the department of agriculture.
(5) "Traditional livestock" means horses, mules, cattle, sheep, swine, goats, poultry, and rabbits regulated by the department of agriculture. Other species may be designated jointly by the director of agriculture and director of wildlife pursuant to section 10 of this act.
NEW SECTION. Sec. 3. The department is the principal state agency for providing state marketing support services for the alternative livestock industry. The department shall exercise its authorities, including those provided by chapters 15.64, 15.65, 15.66, and 43.23 RCW, to develop a program for assisting the alternative livestock industry to market and promote the use of its products. The department shall consult the alternative livestock council in developing the program.
NEW SECTION. Sec. 4. It is unlawful to hunt or allow others to hunt for a fee, any alternative livestock reared on or derived from an alternative livestock farm.
NEW SECTION. Sec. 5. The director of agriculture shall, in consultation with the director of wildlife and the alternative livestock council, establish methods of identification requirements, such as tattoos, branding, or eartags, for alternative livestock and alternative livestock products to the extent that identifying the livestock or the source or quantity of the products is necessary to permit the department of wildlife to effectively administer and enforce Title 77 RCW. The director shall also consult with the director of the department of wildlife to ensure that such rules enable the department of wildlife to enforce the programs administered under that title.
NEW SECTION. Sec. 6. The department of agriculture shall, in consultation with the department of wildlife and other interests, develop a program of disease inspection and control for alternative livestock. The purpose of the program is to protect the traditional and alternative livestock industries from the loss of animals or productivity to disease and to protect wildlife in this state.
The department of agriculture shall adopt new or amend existing rules in conformance with chapter 34.05 RCW. The department of agriculture shall administer a program of disease inspection and control for alternative livestock. As used in this section "disease" means, in addition to its ordinary meaning, infestations of parasites or pests.
NEW SECTION. Sec. 7. The owner of a farm or ranch for alternative livestock shall register the farm or ranch annually with the department of agriculture. The director shall develop and maintain a registration list of all alternative livestock farms and ranches. Registered alternative livestock farms and ranches shall provide the department production statistical data. The director of agriculture and the director of wildlife shall, in consultation with the alternative livestock council, establish by rule reasonable annual registration fees sufficient to cover the costs of development of rules and the administration of this chapter and the rules adopted under this chapter. Fees may differ between species based upon factors including but not limited to economic value, degree of services required, and complexity of regulations. Fees collected under this section shall be deposited in the alternative livestock farm account within the agricultural local fund established in RCW 43.23.230 and the wildlife fund established in RCW 77.12.170 and shall be used solely to carry out the provisions of this chapter.
NEW SECTION. Sec. 8. The director of agriculture and the director of wildlife shall study the needs for assuring adequate fences or other methods of enclosure for various species of alternative livestock. The directors shall jointly adopt rules establishing enclosure standards for one or more types of alternative livestock as deemed necessary to assure adequate protection to traditional livestock, wildlife, and alternative livestock.
If an animal is not enclosed as required for the animal in rules adopted under this section or if it is found by a state wildlife or agricultural official or local law enforcement officer outside an area of an enclosure that is required for it in rules adopted under this section, the animal so unenclosed or so found is hereby declared to be a public nuisance. An owner of alternative livestock may request assistance from the department of agriculture, department of wildlife, or local law enforcement office in recapturing escaped alternative livestock and may be billed for the cost of services rendered.
Alternative livestock that escape a required enclosure and are recaptured may be impounded at a suitable facility at the owner's expense. Animals may not be returned to the owner's premises until sufficient repairs or improvement are made to assure that release will not reoccur. The owner of the animal is liable for damages that are shown to be caused by the animal during the time of the escape.
NEW SECTION. Sec. 9. Growers of nontraditional animals shall register with the department of agriculture within one hundred eighty days of the effective date of this act. This registration will not in any way be construed to initiate the petition for designation process established in section 10 of this act. The legal status of a species that on the effective date of this act is present in the state and registered in accordance with this section does not change unless the directors jointly adopt rules about the registered species.
NEW SECTION. Sec. 10. (1) A vertebrate animal identification process is hereby established. The purpose of the process is to provide a method by which animals are classified as alternative or traditional livestock.
(2) Species that are designated as traditional livestock shall be regulated by the department of agriculture. Species in addition to those specified in section 2(5) of this act may be designated as traditional livestock by joint rule adopted by the department of wildlife and the department of agriculture.
(3) A species may be petitioned for regulation by the director of wildlife, the director of agriculture, or any person registering under section 9 of this act by filing with either department a completed written petition requesting the joint regulation of a species under this chapter.
(4) The two directors may decide if and how a species is to be regulated through jointly adopted rules. Each determination shall be in writing and shall be published in the Washington State Register.
(5) If the two directors do not reach agreement as to whether and how a species should be regulated under this chapter, a scientific review board shall be convened in accordance with section 11 of this act and shall make a written recommendation to the directors as to the status of the species in question. Should the directors fail to agree within thirty days after receipt of such recommendation, the determination shall be made by the governor.
(6) Resident wildlife shall be regulated by the department of wildlife and may not be classified under this chapter as alternative livestock except as provided in section 12 of this act.
(7)(a) Any species that is not present in the state as of the effective date of this act, may be petitioned by any person for possible regulation and such petition acted upon under this section prior to entry for allowance or prohibition as alternative livestock.
(b) The legal status of a species that on the effective date of this act is present in the state and registered in accordance with section 9 of this act does not change unless the directors jointly adopt rules about the registered species.
NEW SECTION. Sec. 11. (1) A scientific review board, convened pursuant to section 10 of this act shall consist of three members. One member shall be appointed by the director of the department of wildlife, one member shall be appointed by the director of the department of agriculture, and one member shall be appointed jointly by these two members. The members that are appointed by the two departments must have qualifications that are appropriate to their responsibilities under this chapter. All three members must be residents of the state of Washington prior to appointment.
(2) The board may take testimony and seek other expert advice.
(3) All meetings of the board shall be public.
(4) The board may hold public hearings and take public testimony before making a written recommendation concerning whether a species is prohibited or allowed under section 10 of this act.
(5) All recommendations concerning whether a species is to be regulated under this chapter shall be written and shall include findings of fact. Recommendations shall be published in the Washington State Register.
(6) The board shall attend all public hearings held on the adoption of proposed rules under this chapter, review existing agency rules that pertain to the issues addressed by this chapter, review the rules proposed under this chapter, and provide comments and recommendations to the departments regarding the need, adequacy, and workability of the proposed rules.
NEW SECTION. Sec. 12. Wildlife species that exist in a wild state in the state of Washington are not alternative livestock and may not be farmed except as provided in this section. By joint rule, which shall include methods that will ensure genetic integrity, the directors of the department of agriculture and the department of wildlife may allow rocky mountain elk (cervus elaphus nelsoni) to be farmed in the same status and under the same regulatory provisions as alternative livestock. The directors shall, within ninety days of the adoption of the rule, jointly prepare a report on the rule adopted under this section, which shall include specific detail on the methods used to determine genetic integrity of farmed rocky mountain elk (cervus elaphus nelsoni). Within two years of the adoption of the rule, the directors shall jointly prepare a report on the status of operations conducted under the provisions of the rule. The reports shall be transmitted to the chairs of the house of representatives committees on agriculture and rural development and fisheries and wildlife and the senate committees on agriculture and natural resources.
NEW SECTION. Sec. 13. (1) If rule making under this chapter restricts the economic utilization of a species being raised for commercial purposes in the state, then the provisions of chapter 19.85 RCW shall apply and a small business economic impact statement shall be prepared. Such activity shall be considered as an industry for the purpose of RCW 19.85.020.
(2) The department of agriculture and the department of wildlife, in consultation with the attorney general, shall develop a report containing findings and recommendations regarding the establishment of an indemnification policy. Such report shall be delivered by December 15, 1993, to the secretary of the senate and the speaker of the house of representatives.
Sec. 14. RCW 19.85.020 and 1989 c 374 s 1 are each amended to read as follows:
Unless the context clearly indicates otherwise, the definitions in this section apply through this chapter.
(1) "Small business" has the meaning given in RCW 43.31.025(4).
(2) "Small business economic impact statement" means a statement meeting the requirements of RCW 19.85.040 prepared by a state agency pursuant to RCW 19.85.030.
(3) "Industry" means all of the businesses in this state in any one three-digit standard industrial classification as published by the United States department of commerce and those specifically declared to be an industry by a provision of state law.
NEW SECTION. Sec. 15. The director of agriculture and the director of wildlife shall develop by rule the requirements for documents, data, scientific evidence, or other items to be submitted that will constitute a completed written petition for the purpose of section 10(4) of this act. The directors shall develop criteria upon which to make evaluations as to whether and how petitioned species will be regulated.
The department of agriculture and the department of wildlife may adopt rules in accordance with chapter 34.05 RCW to carry out the provisions of this chapter.
NEW SECTION. Sec. 16. The alternative livestock council is created. The council shall consist of seven persons. Four members of the council shall be appointed by the director of agriculture to three-year terms. Three members of the council shall be appointed by the director of the department of wildlife to three-year terms. The directors may shorten the initial term for a position on the council to stagger the expiration of terms on the council. Vacancies on the council shall be filled by each director by appointment. The council shall advise the departments on all aspects of alternative livestock farming and the regulation and marketing of alternative livestock and alternative livestock products.
NEW SECTION. Sec. 17. All rules of the department of wildlife and the department of agriculture that are inconsistent with the provisions of chapter . . ., Laws of 1993 (this act), shall be amended or repealed to comply with chapter . . ., Laws of 1993 (this act).
Sec. 18. RCW 77.08.010 and 1989 c 297 s 7 are each amended to read as follows:
As used in this title or rules adopted pursuant to this title, unless the context clearly requires otherwise:
(1) "Director" means the director of wildlife.
(2) "Department" means the department of wildlife.
(3) "Commission" means the state wildlife commission.
(4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.
(5) "Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.
(6) "Ex officio wildlife agent" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries commission, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.
(7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.
(8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.
(9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a game fish.
(10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish. "Open season" includes the first and last days of the established time.
(11) "Closed season" means all times, manners of taking, and places or waters other than those established as an open season.
(12) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.
(13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.
(14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.
(15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.
(16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified by the director of fisheries. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.
(17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).
(18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.
(19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.
(20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.
(21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.
(22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.
(23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.
(24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.
(25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state but excluding traditional livestock as defined in section 2(5) of this act.
(26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.
(27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.
NEW SECTION. Sec. 19. A new section is added to chapter 16.49A RCW to read as follows:
(1) Meat and meat by-products of alternative livestock, as defined in section 2 of this act, whether or not such meat, meat by-products, or animals originate from within the state, shall not be sold or distributed for public consumption without prior inspection by the department, the United States department of agriculture, or another department-recognized local, state, or federal agency responsible for food safety and inspection.
(2) The department may adopt rules establishing a program for inspecting meat and meat by-products of alternative livestock. Such rules shall include a fee schedule that will provide for the recovery of the full cost of the inspection program. Fees collected under this section shall be deposited in an account within the agricultural local fund and the revenue from such fees shall be used solely for carrying out the provisions of this section. No appropriation is required for disbursement from the account. The director may employ such personnel as are necessary to carry out the provisions of this section.
Sec. 20. RCW 16.36.005 and 1987 c 163 s 1 are each amended to read as follows:
As used in this chapter:
"Alternative livestock" shall have the meaning as defined in section 2 of this act.
"Exotic wildlife" means any wild animal whose members do not exist in Washington in a wild state as of the effective date of this act but does not include alternative livestock as defined in section 2 of this act.
"Director" means the director of agriculture of the state of Washington or his authorized representative.
"Department" means the department of agriculture of the state of Washington.
"Garbage" means the solid animal and vegetable waste and offal together with the natural moisture content resulting from the handling, preparation, or consumption of foods in houses, restaurants, hotels, kitchens, markets, meat shops, packing houses and similar establishments or any other food waste containing meat or meat products.
"Veterinary biologic" means any virus, serum, toxin, and analogous product of natural or synthetic origin, or product prepared from any type of genetic engineering, such as diagnostics, antitoxins, vaccines, live microorganisms, killed microorganisms, and the antigenic or immunizing components intended for use in the diagnosis, treatment, or prevention of diseases in animals.
Sec. 21. RCW 16.36.010 and 1927 c 165 s 2 are each amended to read as follows:
The word "quarantine" as used in this act shall mean the placing and restraining of any animal or animals by the owner or agents in charge thereof, either within a certain described and designated enclosure or area within this state, or the restraining of any such animal or animals from entering this state, as may be directed in writing by the director of agriculture, or his or her duly authorized representative. Any animal or animals so quarantined within the state shall at all times be kept separate and apart from other ((domestic)) animals and not allowed to have anything in common therewith.
Sec. 22. RCW 16.36.020 and 1987 c 163 s 2 are each amended to read as follows:
The director shall have general supervision of the prevention of the spread and the suppression of infectious, contagious, communicable and dangerous diseases affecting animals within, in transit through and being imported into the state. The director may establish and enforce quarantine of and against any and all ((domestic)) animals which are affected with any such disease or that may have been exposed to others thus affected, whether within or without the state, for such length of time as he or she deems necessary to determine whether any such animal is infected with any such disease. The director shall also enforce and administer the provisions of this chapter pertaining to garbage feeding and when garbage has been fed to swine, the director may require the disinfection of all facilities, including yard, transportation and feeding facilities, used for keeping such swine.
The director shall also have the authority to regulate the sale, distribution, and use of veterinary biologics in the state and may adopt rules to restrict the sale, distribution, or use of any veterinary biologic in any manner the director determines to be necessary to protect the health and safety of the public and the state's animal population.
The director shall also have the authority to adopt rules governing the importation and care of alternative livestock. In adopting the rules, the department shall consult with the department of wildlife of the state of Washington.
Sec. 23. RCW 16.36.050 and 1979 c 154 s 11 are each amended to read as follows:
It is unlawful for a person to intentionally falsely make, complete, alter, use, or sign an animal health certificate, certificate of veterinary inspection, or official written animal health instrument of the department of agriculture. It ((shall be)) is unlawful for any person, or any railroad or transportation company, or other common carrier, to bring into this state for any purpose any domestic animals, exotic wildlife, or alternative livestock without first having secured an official health certificate or certificate of veterinary inspection, certified by the state veterinarian of origin that such animals meet the health requirements ((promulgated)) adopted by the director of agriculture of the state of Washington((: PROVIDED, That)). This section shall not apply to domestic animals imported into this state for immediate slaughter, or domestic animals imported for the purpose of unloading for feed, rest, and water, for a period not in excess of twenty-eight hours except upon prior permit therefor secured from the director of agriculture. It ((shall be)) is unlawful for any person to divert en route for other than to an approved, inspected stockyard for immediate slaughter or to sell for other than immediate slaughter or to fail to slaughter within fourteen days after arrival, any animal imported into this state for immediate slaughter. It ((shall be)) is unlawful for any person, railroad, transportation company, or other common carrier, to keep any domestic animals which are unloaded for feed, rest and water in other than quarantined pens, or not to report any missing animals to the director of agriculture at the time the animals are reloaded.
Sec. 24. RCW 16.36.040 and 1979 c 154 s 10 are each amended to read as follows:
The director of agriculture shall have power to ((promulgate)) adopt and enforce such reasonable rules((, regulations)) and orders as he or she may deem necessary or proper to prevent the introduction or spreading of infectious, contagious, communicable, or dangerous diseases affecting domestic animals, exotic wildlife, or alternative livestock in this state, and to ((promulgate)) adopt and enforce such reasonable rules((, regulations)) and orders as he or she may deem necessary or proper governing the inspection and test of all animals within or about to be imported into this state, and to ((promulgate)) adopt and enforce ((intercounty)) intrastate embargoes, hold orders, and quarantine ((to prevent the shipment, trailing, trucking, transporting or movement of bovine animals from any county that has not been declared modified accredited by the United States department of agriculture, animal and plant health inspection service, for tuberculosis and/or certified brucellosis-free, into a county which has been declared modified accredited by the United States department of agriculture, animal and plant health inspection service, for tuberculosis and/or certified brucellosis-free, unless such animals are accompanied by a negative certificate of tuberculin test made within sixty days and/or a negative brucellosis test made within the forty-five day period prior to the movement of such animal into such county, issued by a duly authorized veterinary inspector of the state department of agriculture, or of the United States department of agriculture, animal and plant health inspection service, or an accredited veterinarian authorized by permit issued by the director of agriculture to execute such certificate)).
Sec. 25. RCW 16.36.060 and 1985 c 415 s 2 are each amended to read as follows:
It ((shall be)) is unlawful for any person to willfully hinder, obstruct, or resist the director of agriculture or any duly authorized representative, or any peace officer acting under him or her or them, when engaged in the performance of the duties or in the exercise of the powers conferred by this chapter, and it shall be unlawful for any person to willfully fail to comply with or violate any rule((, regulation)) or order ((promulgated)) adopted by the director of agriculture or his or her duly authorized representatives under the provisions of this chapter. The director of agriculture shall have the authority under such rules ((and regulations)) as shall be ((promulgated)) adopted by ((him)) the director to enter at any reasonable time the premises of any ((livestock)) domestic animals, exotic wildlife, or alternative livestock owner to make tests on any animals for diseased conditions, and it ((shall be)) is unlawful for any person to interfere with such tests in any manner, or to violate any segregation or identification order made in connection with such tests by the director of agriculture, or his or her duly authorized representative.
Sec. 26. RCW 16.36.070 and 1947 c 172 s 6 are each amended to read as follows:
Whenever a majority of any board of health, board of county commissioners, city council or other governing body of any incorporated city or town, or trustees of any township, whether in session or not, shall, in writing or by telegraph, notify the director of agriculture of the prevalence of or probable danger of infection from any of the diseases of domestic animals, exotic wildlife, or alternative livestock the director of agriculture personally, or by the supervisor of dairy and livestock, or by a duly appointed and deputized veterinarian of the division of ((dairy and livestock)) food safety and animal health, shall at once go to the place designated in said notice and take such action as the exigencies may in his or her judgment demand, and may in case of an emergency appoint deputies or assistants, with equal power to act. The compensation to be paid such emergency deputies and assistants, shall be fixed by the director of agriculture in conformity with the standards effective in the locality in which the services are performed.
Sec. 27. RCW 16.36.080 and 1947 c 172 s 7 are each amended to read as follows:
It ((shall be)) is unlawful for any person registered to practice veterinary medicine, surgery and dentistry in this state not to immediately report in writing to the director of agriculture the discovery of the existence or suspected existence among domestic animals, exotic wildlife, or alternative livestock within the state of any reportable diseases as published by the director of agriculture.
Sec. 28. RCW 16.36.100 and 1927 c 165 s 10 are each amended to read as follows:
The governor and the director of agriculture shall have the power to cooperate with the government of the United States in the prevention and eradication of diseases of domestic animals, exotic wildlife, or alternative livestock and the governor shall have the power to receive and receipt for any moneys receivable by this state under the provisions of any act of congress and pay the same into the hands of the state treasurer as custodian for the state to be used and expended in carrying out the provisions of this act and the act or acts of congress under which said moneys are paid over to the state.
Sec. 29. RCW 16.57.010 and 1989 c 286 s 22 are each amended to read as follows:
For the purpose of this chapter:
(1) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the department or a duly appointed representative.
(3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.
(4) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats, poultry ((and)), rabbits, and alternative livestock as defined in section 2 of this act.
(5) "Brand" means a permanent fire brand or any artificial mark, other than an individual identification symbol, approved by the director to be used in conjunction with a brand or by itself.
(6) "Production record brand" means a number brand which shall be used for production identification purposes only.
(7) "Brand inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides and/or the application of any artificial identification such as back tags or ear clips necessary to preserve the identity of the livestock or livestock hides examined.
(8) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually identifying and registering the horse and which has been approved for use as such by the director.
(9) "Registering agency" means any person issuing an individual identification symbol for the purpose of individually identifying and registering a horse.
Sec. 30. RCW 16.52.010 and 1901 c 146 s 17 are each amended to read as follows:
In RCW 16.52.010 through 16.52.055, 16.52.070 through 16.52.090 and 16.52.100 through 16.52.180 the singular shall include the plural; the word "animal" shall be held to include every living creature, except man; the words "torture," "torment," and "cruelty," shall be held to include every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted; and the words "owner" and "person" shall be held to include corporations as well as individuals; and the knowledge and acts of agents of and persons employed by corporations in regard to animals transported, owned, or employed by, or in the custody of such corporations, shall be held to be the act and knowledge of such corporations as well as of such agents or employees.
"Domestic animal" for the purposes of this chapter shall include alternative livestock as defined in section 2 of this act.
NEW SECTION. Sec. 31. Sections 1 through 13, 15, and 16 of this act shall constitute a new chapter in Title 15 RCW."
On page 1, line 1 of the title, after "livestock;" strike the remainder of the title and insert "amending RCW 19.85.020, 77.08.010, 16.36.005, 16.36.010, 16.36.020, 16.36.050, 16.36.040, 16.36.060, 16.36.070, 16.36.080, 16.36.100, 16.57.010, and 16.52.010; adding a new section to chapter 16.49A RCW; adding a new chapter to Title 15 RCW; and creating a new section."
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Kremen moved that the House do concur in the Senate amendment to Engrossed Substitute House Bill No. 1135 and pass the bill as amended by the Senate.
Representative Kremen spoke in favor of the motion and it was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative King presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1135 as amended by the Senate.
Representatives Chandler and Kremen spoke in favor of passage of the bill.
On motion of Representative J. Kohl, Representatives Peery, Locke and Morris were excused.
On motion of Representative Wood, Representative Cooke was excused.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1135 as amended by the Senate and the bill passed the House by the following vote: Yeas - 81, Nays - 12, Absent - 1, Excused - 4.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Conway, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Fisher, G., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Johanson, Johnson, R., Jones, Karahalios, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, Meyers, R., Mielke, Miller, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wood, Zellinsky and Mr. Speaker - 81.
Voting nay: Representatives Cole, G., Cothern, Eide, Finkbeiner, Fisher, R., Jacobsen, Johnson, L., Kessler, Ludwig, Romero, Rust and Wolfe - 12.
Absent: Representative Wineberry - 1.
Excused: Representatives Cooke, Locke, Morris and Peery - 4.
Engrossed Substitute House Bill No. 1135, as amended by the Senate, having received the constitutional majority, was declared passed.
Concerning the alternative livestock bill, Engrossed Substitute House Bill No. 1135, I mistakenly voted "NAY" meaning to have voted "YEA".
BILL FINKBEINER, 45th District.
The Speaker (Representative King presiding) declared the House to be at ease.
The Speaker (Representative King presiding) called the House to order.
The Speaker (Representative King presiding) declared the House at recess until 2:00 p.m.
AFTERNOON SESSION
The Speaker (Representative L. Johnson presiding) called the House to order at 2:00 p.m..
The Clerk called the roll and a quorum was present.
The Speaker (Representative R. Meyers presiding) assumed the chair.
MESSAGE FROM THE SENATE
April 20, 1993
Mr. Speaker:
The Senate insists on its position regarding the Senate amendments to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1374 and once again asks the House to concur therein, and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Dorn moved the House refuse to concur in the Senate amendments to Engrossed Substitute House Bill No. 1374 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker (Representative R. Meyers presiding) appointed Representatives Dorn, Cothern and Brough as conferees to Engrossed Substitute House Bill No. 1374.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 1993
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2026, with the following amendments:
On page 1, line 13, after "in" strike all material through "notice" on line 14, and insert "conspicuous places, in a number determined by the board, within each state liquor store, notices"
On page 1, line 14, after "notice" insert "in print not less than one inch high"
On page 1, line 14, after "warning" strike all material through "can" on line 15, and insert "persons that consumption of alcohol shortly before conception or during pregnancy may"
On page 1, after line 16, insert the following:
"NEW SECTION. Sec. 3. The legislature recognizes that the use of alcohol and other drugs during pregnancy can cause medical, psychological, and social problems for women and infants. The legislature further recognizes that communities are increasingly concerned about this problem and the associated costs to the mothers, infants, and society as a whole. The legislature recognizes that the department of health and other agencies are focusing on primary prevention activities to reduce the use of alcohol or drugs during pregnancy but few efforts have focused on secondary prevention efforts aimed at intervening in the lives of women already involved in the use of alcohol or other drugs during pregnancy. The legislature recognizes that the best way to prevent problems for chemically dependent pregnant women and their resulting children is to engage the women in alcohol or drug treatment. The legislature acknowledges that treatment professionals find pretreatment services to clients to be important in engaging women in alcohol or drug treatment. The legislature further recognizes that pretreatment services should be provided at locations where chemically dependent women are likely to be found, including correctional facilities, public health clinics, and domestic violence or homeless shelters. Therefore the legislature intends to prevent the detrimental effects of alcohol or other drug use to women and their resulting infants by promoting the establishment of local programs to help facilitate a woman's entry into alcohol or other drug treatment. These programs shall provide secondary prevention services and provision of opportunities for immediate treatment so that women who seek help are welcomed rather than ostracized.
NEW SECTION. Sec. 4. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of alcohol use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued and impairment of health or disruption of social or economic functioning.
(2) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.
(3) "Assessment" means an interview with an individual to determine if he or she is chemically dependent and in need of referral to an approved treatment program.
(4) "Chemically dependent individual" means someone suffering from alcoholism or drug addiction, or dependence on alcohol or one or more other psychoactive chemicals.
(5) "Department" means the department of social and health services.
(6) "Domestic violence" is a categorization of offenses, as defined in RCW 10.99.020, committed by one family or household member against another.
(7) "Domestic violence program" means a shelter or other program which provides services to victims of domestic violence.
(8) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruptions of social or economic functioning.
(9) "Family or household members" means a family or household member as defined in RCW 10.99.020.
(10) "Pretreatment" means the period of time prior to an individual's enrollment in alcohol or drug treatment.
(11) "Pretreatment services" means activities taking place prior to treatment that include identification of individuals using alcohol or drugs, education, assessment of their use, evaluation of need for treatment, referral to an approved treatment program, and advocacy on a client's behalf with social service agencies or others to ensure and coordinate a client's entry into treatment.
(12) "Primary prevention" means providing information about the effects of alcohol or drug use to individuals so they will avoid using these substances.
(13) "Secondary prevention" means identifying and obtaining an assessment on individuals using alcohol or other drugs for referral to treatment when indicated.
(14) "Secretary" means the secretary of the department of social and health services.
(15) "Treatment" means the broad range of emergency detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling, that may be extended to chemically dependent individuals and their families.
(16) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of chemically dependent individuals.
NEW SECTION. Sec. 5. The secretary shall develop and promote state-wide secondary prevention strategies designed to increase the use of alcohol and drug treatment services by women of child-bearing age, before, during, and immediately after pregnancy. These efforts are conducted through the division of alcohol and substance abuse. The secretary shall:
(1) Promote development of four pilot demonstration projects in the state to be called pretreatment projects for women of child bearing age. Two of the pilot projects are in urban areas and two are in rural areas.
(2) Ensure that two of the projects are located in public health department clinics that provide maternity services, one is located in a county correctional facility, and one is located with a domestic violence program.
(3) Hire four certified chemical dependency counselors to work as substance abuse educators in each of the four demonstration projects. The counselors may rotate between more than one clinic, correctional facility, or domestic violence program. The counselor for the domestic violence program shall also be trained in domestic violence issues.
(4) Ensure that the duties and activities of the certified chemical dependency counselors include, at a minimum, the following:
(a) Identifying substance-using pregnant women in the health clinics, correctional facilities, and domestic violence programs;
(b) Educating the women and agency staff on the effects of alcohol or drugs on health, pregnancy, and unborn children;
(c) Determining the extent of the women's substance use;
(d) Evaluating the women's need for treatment;
(e) Making referrals for chemical dependency treatment if indicated;
(f) Facilitating the women's entry into treatment; and
(g) Advocating on the client's behalf with other social service agencies or others to ensure and coordinate clients into treatment.
(5) Ensure that administrative costs of the department are limited to ten percent of the funds appropriated for the project.
NEW SECTION. Sec. 6. The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the department of social and health services for the purposes of sections 2 through 5 of this act.
NEW SECTION. Sec. 7. Sections 4 and 5 of this act are each added to Title 70 RCW."
On page 1, line 2 of the title, after "66.08 RCW;" strike the remainder of the title and insert "adding new sections to Title 70 RCW; creating new sections; and making an appropriation."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Heavey moved that the House refuse to concur in the Senate amendments to Engrossed Substitute House Bill No. 2026 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker (Representative R. Meyers presiding) appointed Representatives Heavey, Karahalios and Wood as conferees to Engrossed Substitute House Bill No. 2026.
MESSAGE FROM THE SENATE
April 17, 1993
Mr. Speaker:
The Senate refuses to concur in the House amendments to SUBSTITUTE SENATE BILL NO. 5405 and asks the House to recede therefrom, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Dorn moved that the House insist on its position regarding the House amendments to Substitute Senate Bill No. 5405 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker (Representative R. Meyers presiding) appointed Representatives Dorn, Holm and Carlson as conferees to Substitute Senate Bill No. 5405.
MESSAGE FROM THE SENATE
April 21, 1993
Mr. Speaker:
The Senate refuses to recede from the Senate amendments to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1562 and asks the House for a conference thereon. The President has appointed the following members as Conferees: Senators: Fraser, Newhouse and Prentice, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative H. Myers moved that the House grant the Senate request for a conference on Engrossed Substitute House Bill No. 1562. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker (Representative R. Meyers presiding) appointed Representatives Brown, H. Myers and Silver as conferees to Engrossed Substitute House Bill No. 1562.
April 21, 1993
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate refuses to grant the request of the House for a conference on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1372, and insists on its position regarding the Senate amendments and once again asks the House to concur therein, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Veloria moved that the House insist on its position regarding the Senate amendments to Engrossed Substitute House Bill No. 1372 and again ask the Senate for a conference thereon. The motion was carried.
MESSAGE FROM THE SENATE
April 17, 1993
Mr. Speaker:
The Senate refuses to concur in the House amendments to SENATE BILL NO. 5577 and asks the House to recede therefrom, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Appelwick moved that the House insist on its position regarding the House amendments to Senate Bill No. 5577 and again ask the Senate to concur. The motion was carried.
MESSAGE FROM THE SENATE
April 17, 1993
Mr. Speaker:
The Senate concurs in the House amendments to Section 1 and 2 and refuses to concur in the House amendments to Section 3 to SENATE BILL NO. 5675 and asks the House to recede from its amendment to Section 3, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative H. Myers moved that the House insist on its position regarding the House amendments to Section 3 of Senate Bill No. 5675 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker (Representative R. Meyers presiding) appointed Representatives H. Myers, Bray and Reams as conferees to Senate Bill No. 5675.
MESSAGE FROM THE SENATE
April 21, 1993
Mr. Speaker:
The Senate refuses to concur in the House amendments to SECOND SUBSTITUTE SENATE BILL NO. 5836 and asks the House for a conference thereon. The President has appointed the following members as Conferees: Senators: Bauer, Prince and Drew, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Quall moved that the House grant the request of the Senate for a conference on Second Substitute Senate Bill No. 5836. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker (Representative R. Meyers presiding) appointed Representatives Jacobsen, Quall and Brumsickle as conferees to Second Substitute Senate Bill No. 5836.
SENATE AMENDMENTS TO HOUSE BILL
April 15, 1993
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 1479 with the following amendments:
On page 2, line 29, after "tickets," insert "unredeemed Washington state lottery tickets,"
On page 4, beginning on line 7, after "exception of" strike "unredeemed Washington state lottery tickets and" and insert "((unredeemed Washington state lottery tickets and))"
On page 12, after line 16, insert the following:
"Sec. 11. RCW 67.70.190 and 1988 c 289 s 802 are each amended to read as follows:
(((1))) Unclaimed prizes shall be retained in the state lottery account for the person entitled thereto for one hundred eighty days after the drawing in which the prize is won, or after the official end of the game for instant prizes. If no claim is made for the prize within this time, ((the prize shall be retained in the state lottery fund for further use as prizes, except as provided in subsection (2) of this section, and all rights to the prize shall be extinguished.
(2) During the fiscal year ending June 30, 1989, moneys from unclaimed prizes shall be used as follows:
(a) Fifty percent of the moneys, not exceeding one million dollars, shall be deposited quarterly in the general fund.
(b) The remainder of the moneys shall be retained in the state lottery account for further use as prizes)) the prize shall be presumed abandoned and reported and remitted to the department of revenue under chapter 63.29 RCW.
"NEW SECTION. Sec. 12. A new section is added to chapter 63.29 RCW to read as follows:
Unredeemed Washington state lottery tickets shall be presumed abandoned if the prizes or tickets remain unclaimed one hundred eighty days after the prize or ticket became payable or distributable."
On page 1, beginning on line 2 of the title, after "act;" strike "and" and on line 3, after "63.29.180," strike "and 63.29.220" and insert "63.29.220, and 67.70.190; and adding a new section to chapter 63.29 RCW"
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Holm moved that the House do concur in the Senate amendments to House Bill No. 1479 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1479 as amended by the Senate.
Representatives Holm and Foreman spoke in favor of final passage of the bill as amended by the Senate.
On motion of Representative G. Cole, Representative Anderson was excused.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1479, as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 1, Excused - 1.
Voting yea: Representatives Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Absent: Representative Ludwig - 1.
Excused: Representative Anderson - 1.
House Bill No. 1479, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 16, 1993
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1662 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.160.020 and 1992 c 21 s 3 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Board" means the community economic revitalization board.
(2) "Bond" means any bond, note, debenture, interim certificate, or other evidence of financial indebtedness issued by the board pursuant to this chapter.
(3) "Department" means the department of trade and economic development or its successor with respect to the powers granted by this chapter.
(4) "Financial institution" means any bank, savings and loan association, credit union, development credit corporation, insurance company, investment company, trust company, savings institution, or other financial institution approved by the board and maintaining an office in the state.
(5) "Industrial development facilities" means "industrial development facilities" as defined in RCW 39.84.020.
(6) "Industrial development revenue bonds" means tax-exempt revenue bonds used to fund industrial development facilities.
(7) "Local government" or "political subdivision" means any port district, county, city, ((or)) town, or special utility district.
(8) "Sponsor" means any of the following entities which customarily provide service or otherwise aid in industrial or other financing and are approved as a sponsor by the board: A bank, trust company, savings bank, investment bank, national banking association, savings and loan association, building and loan association, credit union, insurance company, or any other financial institution, governmental agency, or holding company of any entity specified in this subsection.
(9) "Umbrella bonds" means industrial development revenue bonds from which the proceeds are loaned, transferred, or otherwise made available to two or more users under this chapter.
(10) "User" means one or more persons acting as lessee, purchaser, mortgagor, or borrower under a financing document and receiving or applying to receive revenues from bonds issued under this chapter.
(11) "Timber impact area" means:
(a) A county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and meeting two of the following three criteria, as determined by the employment security department, for the most recent year such data is available: (i) A lumber and wood products employment location quotient at or above the state average; (ii) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (iii) an annual unemployment rate twenty percent or more above the state average; or
(b) Additional communities as the economic recovery coordinating board, established in RCW 43.31.631, designates based on a finding by the board that each designated community is socially and economically integrated with areas that meet the definition of a timber impact area under (a) of this subsection.
Sec. 2. RCW 43.160.030 and 1987 c 422 s 2 are each amended to read as follows:
(1) The community economic revitalization board is hereby created to exercise the powers granted under this chapter.
(2) The board shall consist of the chairman of and one minority member appointed by the speaker of the house of representatives from the committee on ((trade and economic development)) trade, economic development, and housing of the house of representatives, the chairman of and one minority member appointed by the president of the senate from the committee on ((commerce and labor of the senate, or the equivalent standing committees)) trade, technology, and economic development of the senate, and the following members appointed by the governor: A recognized private or public sector economist; one port district official; one county official; one city official; one representative of the public; one representative of small businesses each from: (a) The area west of Puget Sound, (b) the area east of Puget Sound and west of the Cascade range, (c) the area east of the Cascade range and west of the Columbia river, and (d) the area east of the Columbia river; one executive from large businesses each from the area west of the Cascades and the area east of the Cascades. The appointive members shall initially be appointed to terms as follows: Three members for one-year terms, three members for two-year terms, and three members for three-year terms which shall include the chair. Thereafter each succeeding term shall be for three years. The chair of the board shall be selected by the governor ((and should be a member of the governor's council of economic advisors)). The members of the board shall elect one of their members to serve as vice-chair. The director of trade and economic development, the director of community development, the director of revenue, the commissioner of employment security, and the secretary of transportation shall serve as nonvoting advisory members of the board.
(3) Staff support shall be provided by the department of trade and economic development to assist the board in implementing this chapter and the allocation of private activity bonds.
(4) All appointive members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(5) If a vacancy occurs by death, resignation, or otherwise of appointive members of the board, the governor shall fill the same for the unexpired term. Any members of the board, appointive or otherwise, may be removed for malfeasance or misfeasance in office, upon specific written charges by the governor, under chapter 34.05 RCW.
Sec. 3. RCW 43.160.035 and 1987 c 422 s 3 are each amended to read as follows:
Each member of the house of representatives who is appointed to the community economic revitalization board under RCW 43.160.030 may designate another member of the trade ((and)), economic development, and housing committee of the house of representatives to take his or her place on the board for meetings at which the member will be absent. The designee shall have all powers to vote and participate in board deliberations as have the other board members. Each member of the senate who is appointed to the community economic revitalization board under RCW 43.160.030 may designate another member of the ((commerce and labor)) trade, technology, and economic development committee of the senate to take his or her place on the board for meetings at which the member will be absent. The designee shall have all powers to vote and participate in board deliberations as have the other board members. Each agency head of an executive agency who is appointed to serve as a nonvoting advisory member of the community economic revitalization board under RCW 43.160.030 may designate an agency employee to take his or her place on the board for meetings at which the agency head will be absent. The designee will have all powers to participate in board deliberations as have the other board members but shall not have voting powers.
Sec. 4. RCW 43.160.060 and 1990 1st ex.s. c 17 s 73 are each amended to read as follows:
The board is authorized to make direct loans to political subdivisions of the state for the purposes of assisting the political subdivisions in financing the cost of public facilities, including development of land and improvements for public facilities, as well as the ((acquisition,)) construction, rehabilitation, alteration, expansion, or improvement of the facilities. A grant may also be authorized for purposes designated in this chapter, but only when, and to the extent that, a loan is not reasonably possible, given the limited resources of the political subdivision.
Application for funds shall be made in the form and manner as the board may prescribe. In making grants or loans the board shall conform to the following requirements:
(1) The board shall not make a grant or loan:
(a) For a project the primary purpose of which is to facilitate or promote a retail shopping development or expansion.
(b) For any project that evidence exists would result in a development or expansion that would displace existing jobs in any other community in the state.
(c) For the acquisition of real property, including buildings and other fixtures which are a part of real property.
(2) The board shall only make grants or loans:
(a) For those projects which would result in specific private developments or expansions (i) in manufacturing, production, food processing, assembly, warehousing, and industrial distribution; (ii) for processing recyclable materials or for facilities that support recycling, including processes not currently provided in the state, including but not limited to, de-inking facilities, mixed waste paper, plastics, yard waste, and problem-waste processing; (iii) for manufacturing facilities that rely significantly on recyclable materials, including but not limited to waste tires and mixed waste paper; (iv) which support the relocation of businesses from nondistressed urban areas to distressed rural areas; or (v) which substantially support the trading of goods or services outside of the state's borders.
(b) For projects which it finds will improve the opportunities for the successful maintenance, establishment, or expansion of industrial or commercial plants or will otherwise assist in the creation or retention of long-term economic opportunities.
(c) When the application includes convincing evidence that a specific private development or expansion is ready to occur and will occur only if the grant or loan is made.
(3) The board shall prioritize each proposed project according to the relative benefits provided to the community by the jobs the project would create, not just the total number of jobs it would create after the project is completed and according to the unemployment rate in the area in which the jobs would be located. As long as there is more demand for loans or grants than there are funds available for loans or grants, the board is instructed to fund projects in order of their priority.
(4) A responsible official of the political subdivision shall be present during board deliberations and provide information that the board requests.
Before any loan or grant application is approved, the political subdivision seeking the loan or grant must demonstrate to the community economic revitalization board that no other timely source of funding is available to it at costs reasonably similar to financing available from the community economic revitalization board.
Sec. 5. RCW 43.160.076 and 1991 c 314 s 24 are each amended to read as follows:
(1) Except as authorized to the contrary under subsection (2) of this section, from all funds available to the board for loans and grants in a biennium, the board shall spend at least fifty percent for grants and loans for projects in distressed counties or timber impact areas. For purposes of this section, the term "distressed counties" includes any county, in which the average level of unemployment for the three years before the year in which an application for a loan or grant is filed, exceeds the average state employment for those years by twenty percent.
(2) If at any time during the last six months of a biennium the board finds that the actual and anticipated applications for qualified projects in distressed counties or timber impact areas are clearly insufficient to use up the fifty percent allocation, then the board shall estimate the amount of the insufficiency and during the remainder of the biennium may use that amount of the allocation for loans and grants for projects not located in distressed counties or timber impact areas.
Sec. 6. RCW 43.160.077 and 1989 c 431 s 63 are each amended to read as follows:
(1) ((Before)) When the board ((consideration of)) receives an application from a political subdivision that includes a request for assistance in financing the cost of public facilities to encourage the development of a private facility to process recyclable materials, a copy of the application shall be ((forwarded)) sent by the board to the department of ecology.
(2) ((The department of ecology shall submit a recommendation on all applications related to processing recyclable materials to the board for their consideration.
(3) Upon receiving an application for assistance in financing the cost of public facilities to encourage the development of a private facility to process recyclable materials from the board, the department of ecology shall, within thirty days, determine whether or not the proposed assistance:
(a) Has a significant impact on the residential and commercial waste stream;
(b) Results in a product that has a ready market;
(c) Does not jeopardize any other planned market development projects; and
(d) Results in a product that would otherwise be purchased out-of-state.
(4) Upon completion of its determination of the factors contained in subsection (3) of this section and any other factors it deems pertinent, the department of ecology shall forward its recommended approval, as submitted or amended, or recommended disapproval of the proposed improvements to the board, along with any recommendation it may wish to make concerning the desirability and feasibility of the proposed market development. If the department of ecology recommends disapproval of any proposed project, it shall specify its reasons for recommending disapproval.
(5))) The board shall notify the department of ecology of its decision regarding any application made under this section.
Sec. 7. RCW 43.160.200 and 1991 c 314 s 23 are each amended to read as follows:
(1) The economic development account is created within the public facilities construction loan revolving fund under RCW 43.160.080. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of RCW 43.160.010(4) and this section. The account is subject to allotment procedures under chapter 43.88 RCW.
(2) Applications under this section for assistance from the economic development account are subject to all of the applicable criteria set forth under this chapter, as well as procedures and criteria established by the board, except as otherwise provided.
(3) Eligible applicants under this section are limited to political subdivisions of the state in timber impact areas that demonstrate, to the satisfaction of the board, the local economy's dependence on the forest products industry.
(4) Applicants must demonstrate that their request is part of an economic development plan consistent with applicable state planning requirements. Applicants must demonstrate that tourism projects have been approved by the local government ((and are part of a regional tourism plan approved by the local and regional tourism organizations)). Industrial projects must be approved by the local government and the associate development organization.
(5) Publicly owned projects may be financed under this section upon proof by the applicant that the public project is a necessary component of, or constitutes in whole, a tourism project.
(6) Applications must demonstrate local match and participation. Such match may include: Land donation, other public or private funds or both, or other means of local commitment to the project.
(7) Board financing for feasibility studies shall not exceed twenty-five thousand dollars per study. Board funds for feasibility studies may be provided as a grant and require a dollar for dollar match with up to one-half in-kind match allowed.
(8) Board financing for tourism projects shall not exceed two hundred fifty thousand dollars. Other public facility projects under this section shall not exceed five hundred thousand dollars. Loans with flexible terms and conditions to meet the needs of the applicants shall be provided. Grants may also be authorized, but only when, and to the extent that, a loan is not reasonably possible, given the limited resources of the political subdivision.
(9) The board shall develop guidelines for allowable local match and feasibility studies.
(10) Applications under this section need not demonstrate evidence that specific private development or expansion is ready to occur or will occur if funds are provided.
(11) The board shall establish guidelines for making grants and loans under this section to ensure that the requirements of this chapter are complied with. The guidelines shall include:
(a) A process to equitably compare and evaluate applications from competing communities.
(b) Criteria to ensure that approved projects will have a high probability of success and are likely to provide long-term economic benefits to the community. The criteria shall include: (i) A minimum amount of local participation, determined by the board per application, to verify community support for the project; (ii) an analysis that establishes the project is feasible using standard economic principles; and (iii) an explanation from the applicant regarding how the project is consistent with the communities' economic strategy and goals.
(c) A method of evaluating the impact of the loans or grants on the economy of the community and whether the loans or grants achieved their purpose.
Sec. 8. RCW 43.160.900 and 1987 c 422 s 10 are each amended to read as follows:
((The community economic revitalization board and its powers and duties shall be terminated on June 30, 1993, and shall be subject to the procedures required by chapter 43.131 RCW. This chapter expires June 30, 1994. Any remaining duties of the community economic revitalization board after June 30, 1993, regarding repayment of loans made by the community economic revitalization board are transferred to the department of revenue on June 30, 1993)) The community economic revitalization board shall report to the appropriate standing committees of the legislature biennially on the implementation of this chapter. The report shall include information on the number of applications for community economic revitalization board assistance, the number and types of projects approved, the grant or loan amount awarded each project, the projected number of jobs created or retained by each project, the actual number of jobs created or retained by each project, the number of delinquent loans, and the number of project terminations. The report may also include additional performance measures and recommendations for programmatic changes. The first report shall be submitted by December 1, 1994.
Sec. 9. RCW 42.17.310 and 1992 c 139 s 5 and 1992 c 71 s 12 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (((a))) (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (((b))) (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under *RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.
(p) Financial disclosures filed by private vocational schools under chapter 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses during application for loans or program services provided by chapter 43.163 RCW and chapters 43.31, 43.63A, 43.160, and 43.168 RCW.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.
(w) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(x) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(y) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(z) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(aa) Financial and valuable trade information under RCW 51.36.120.
(bb) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or a rape crisis center as defined in RCW 70.125.030.
(cc) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(dd) Business related information protected from public inspection and copying under RCW 15.86.110.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
Sec. 10. 1991 c 314 s 32 (uncodified) is amended to read as follows:
RCW 43.160.076 and 1991 c 314 s 24 & 1985 c 446 s 6 are each repealed effective June 30, ((1993)) 1995.
Sec. 11. 1991 c 314 s 34 (uncodified) is amended to read as follows:
((Section 25 of this act)) RCW 43.160.210 shall take effect July 1, ((1993)) 1995.
NEW SECTION. Sec. 12. Section 8 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On page 1, line 1 of the title, after "board;" strike the remainder of the title and insert "amending RCW 43.160.020, 43.160.030, 43.160.035, 43.160.060, 43.160.076, 43.160.077, 43.160.200, and 43.160.900; amending 1991 c 314 s 32 (uncodified); amending 1991 c 314 s 34 (uncodified); reenacting and amending RCW 42.17.310; and declaring an emergency."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Shin moved that the House do concur in the Senate amendment to Engrossed Substitute House Bill No. 1662 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1662 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1662 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 1, Excused - 1.
Voting yea: Representatives Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Absent: Representative Ludwig - 1.
Excused: Representative Anderson - 1.
Engrossed Substitute House Bill No. 1662, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 16, 1993
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 1809, with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 79.64.020 and 1985 c 57 s 80 are each amended to read as follows:
A resource management cost account in the state treasury is hereby created to be used solely for the purpose of defraying the costs and expenses necessarily incurred by the department in managing and administering public lands and the making and administering of leases, sales, contracts, licenses, permits, easements, and rights of way as authorized under the provisions of this title. Appropriations from the account to the department shall be expended for no other purposes. Funds in the account may be appropriated or transferred by the legislature for the benefit of all of the trusts from which the funds were derived.
Sec. 2. RCW 79.64.030 and 1988 c 70 s 4 are each amended to read as follows:
Funds in the account derived from the gross proceeds of leases, sales, contracts, licenses, permits, easements, and rights of way issued by the department and affecting school lands, university lands, agricultural college lands, scientific school lands, normal school lands, capitol building lands, or institutional lands shall be pooled and expended by the department solely for the purpose of defraying the costs and expenses necessarily incurred in managing and administering ((public lands of the same trust: PROVIDED, That)) all of the trust lands enumerated in this section. Such funds may be used for similar costs and expenses in managing and administering other lands managed by the department((: PROVIDED FURTHER,)) provided that such expenditures that have been or may be made on such other lands shall be repaid to the resource management cost account together with interest at a rate determined by the board of natural resources.
An accounting shall be made annually of the accrued expenditures ((as regards each)) from the pooled trust funds in the account. In the event the accounting determines that expenditures have been made from moneys derived from ((one category of)) trust lands for the benefit of ((another trust or)) other lands, such expenditure shall be considered a debt ((against the trust benefitted)) and ((shall be considered)) an encumbrance against the property ((of the trust or trust funds)) benefitted, including property held under chapter 76.12 RCW. The results of the accounting shall be reported to the legislature at the next regular session. The state treasurer is authorized, upon request of the department, to transfer funds between the forest development account and the resource management cost account solely for purpose of repaying loans pursuant to this section.
NEW SECTION. Sec. 3. This act shall take effect July 1, 1994."
On page 1, line 2 of the title, after "accounts;" strike the remainder of the title and insert "amending RCW 79.64.020 and 79.64.030; and providing an effective date."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Valle moved that the House do concur in the Senate amendments to House Bill No. 1809 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1809 as amended by the Senate.
Representative Valle spoke in favor of passage of the bill and Representative Thomas spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1809 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 69, Nays - 28, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Bray, Brown, Brumsickle, Campbell, Carlson, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Scott, Sehlin, Sheldon, Sommers, Springer, Thibaudeau, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 69.
Voting nay: Representatives Ballard, Ballasiotes, Basich, Brough, Casada, Chandler, Cooke, Dyer, Foreman, Forner, Fuhrman, Hansen, Lisk, Mielke, Morris, Morton, Padden, Schmidt, Schoesler, Sheahan, Shin, Silver, Stevens, Talcott, Tate, Thomas, Van Luven and Wood - 28.
Excused: Representative Anderson - 1.
House Bill No. 1809, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 21, 1993
Mr. Speaker:
The Senate refuses to recede from its amendments to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1818. Under suspension of rules, ENGROSSED SUBSTITUTE HOUSE BILL NO. 1818 was returned to second reading for an amendment to the adopted TED committee amendment (1818-S.E AAS 4/13/93 S2713.1), and the bill was passed as amended by the Senate.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that military base expansions, closures, and defense procurement contract cancellations may have extreme economic impacts on communities and firms. The legislature began to address this concern in 1990 by establishing the community diversification program in the department of community development. While this program has helped military dependent communities begin the long road to diversification, base expansions or closures or major procurement contract reductions in the near future will find these communities unable to respond adequately, endangering the health, safety, and welfare of the community. The legislature intends to target emergency state assistance to military dependent communities significantly impacted by defense spending. The emergency state assistance and the long-term strategy should be driven by the impacted community and consistent with the state plan for diversification required under RCW 43.63A.450(4).
NEW SECTION. Sec. 2. A new section is added to chapter 43.06 RCW to read as follows:
(1) The governor may, by executive order, after consultation with or notification of the executive-legislative committee on economic development created by chapter ... (Senate Bill No. 5300), Laws of 1993, declare a community to be a "military impacted area." A "military impacted area" means a community or communities, as identified in the executive order, that experience serious social and economic hardships because of a change in defense spending by the federal government in that community or communities.
(2) If the governor executes an order under subsection (1) of this section, the governor shall establish a response team to coordinate state efforts to assist the military impacted community. The response team may include, but not be limited to, one member from each of the following agencies: (a) The department of community development; (b) the department of trade and economic development; (c) the department of social and health services; (d) the employment security department; (e) the state board for community and technical colleges; (f) the higher education coordinating board; (g) the department of transportation; and (h) the Washington energy office. The governor may appoint a response team coordinator. The governor shall seek to actively involve the impacted community or communities in planning and implementing a response to the crisis. The governor may seek input or assistance from the community diversification advisory committee, and the governor may establish task forces in the community or communities to assist in the coordination and delivery of services to the local community. The state and community response shall consider economic development, human service, and training needs of the community or communities impacted.
(3) The governor shall report at the beginning of the next legislative session to the legislature and the executive-legislative committee on economic development created by chapter ... (Senate Bill No. 5300), Laws of 1993, as to the designation of a military impacted area. The report shall include recommendations regarding whether a military impacted area should become eligible for (a) funding provided by the community economic revitalization board, public facilities construction loan revolving account, Washington state development loan fund, basic health plan, the public works assistance account, department of trade and economic development, employment security department, and department of transportation; (b) training for dislocated defense workers; or (c) services for dislocated defense workers."
On page 1, line 1 of the title, after "communities;" strike the remainder of the title and insert "adding a new section to chapter 43.06 RCW; and creating a new section."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Shin moved that the House do concur in the Senate amendments to Engrossed Substitute House Bill No. 1818 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1818 as amended by the Senate.
Representatives Karahalios and Forner 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. 1818 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 Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Anderson - 1.
Engrossed Substitute House Bill No. 1818, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 15, 1993
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2066, with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 84.52.0531 and 1992 c 49 s 1 are each amended to read as follows:
The maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows:
(1) For excess levies for collection in calendar year 1992, the maximum dollar amount shall be calculated pursuant to the laws and rules in effect in November 1991.
(2) For the purpose of this section, the basic education allocation shall be determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350: PROVIDED, That when determining the basic education allocation under subsection (4) of this section, nonresident full time equivalent pupils who are participating in a program provided for in chapter 28A.545 RCW or in any other program pursuant to an interdistrict agreement shall be included in the enrollment of the resident district and excluded from the enrollment of the serving district.
(3) For excess levies for collection in calendar year 1993 and thereafter, the maximum dollar amount shall be the sum of (a) and (b) of this subsection minus (c) of this subsection:
(a) The district's levy base as defined in subsection (4) of this section multiplied by the district's maximum levy percentage as defined in subsection (5) of this section;
(b) In the case of nonhigh school districts only, an amount equal to the total estimated amount due by the nonhigh school district to high school districts pursuant to chapter 28A.545 RCW for the school year during which collection of the levy is to commence, less the increase in the nonhigh school district's basic education allocation as computed pursuant to subsection (1) of this section due to the inclusion of pupils participating in a program provided for in chapter 28A.545 RCW in such computation;
(c) The maximum amount of state matching funds under RCW 28A.500.010 for which the district is eligible in that tax collection year.
(4) For excess levies for collection in calendar year 1993 and thereafter, a district's levy base shall be the sum of allocations in (a) through (c) of this subsection received by the district for the prior school year, including allocations for compensation increases, plus the sum of such allocations multiplied by the percent increase per full time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year and divided by fifty-five percent. A district's levy base shall not include local school district property tax levies or other local revenues, or state and federal allocations not identified in (a) through (c) of this subsection.
(a) The district's basic education allocation as determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350;
(b) State and federal categorical allocations for the following programs:
(i) Pupil transportation;
(ii) Handicapped education;
(iii) Education of highly capable students;
(iv) Compensatory education, including but not limited to learning assistance, migrant education, Indian education, refugee programs, and bilingual education;
(v) Food services; and
(vi) State-wide block grant programs; and
(c) Any other federal allocations for elementary and secondary school programs, including direct grants, other than federal impact aid funds and allocations in lieu of taxes.
(5) For excess levies for collection in calendar year 1993 and thereafter, a district's maximum levy percentage shall be determined as follows:
(a) Multiply the district's maximum levy percentage for the prior year by the district's levy base as determined in subsection (4) of this section;
(b) Reduce the amount in (a) of this subsection by the total estimated amount of any levy reduction funds as defined in subsection (6) of this section which are to be allocated to the district for the current school year;
(c) Divide the amount in (b) of this subsection by the district's levy base to compute a new percentage; and
(d) The percentage in (c) of this subsection or twenty percent, whichever is greater, shall be the district's maximum levy percentage for levies collected in that calendar year.
(e) For levies to be collected in calendar years 1994 and 1995 the maximum levy rate shall be the district's maximum levy percentage for 1993 plus four percent reduced by any levy reduction funds. For levies collected in 1996, the prior year shall mean 1993.
(6) "Levy reduction funds" shall mean increases in state funds from the prior school year for programs included under subsection (4) of this section: (a) That are not attributable to enrollment changes, compensation increases, or inflationary adjustments; and (b) that are or were specifically identified as levy reduction funds in the appropriations act. If levy reduction funds are dependent on formula factors which would not be finalized until after the start of the current school year, the superintendent of public instruction shall estimate the total amount of levy reduction funds by using prior school year data in place of current school year data. Levy reduction funds shall not include moneys received by school districts from cities or counties.
(7) For the purposes of this section, "prior school year" shall mean the most recent school year completed prior to the year in which the levies are to be collected.
(8) For the purposes of this section, "current school year" shall mean the year immediately following the prior school year.
(9) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section.
Sec. 2. RCW 28A.500.010 and 1992 c 49 s 2 are each amended to read as follows:
(1) Commencing with taxes assessed in ((1988)) 1993 to be collected in calendar year ((1989)) 1994 and thereafter, in addition to a school district's other general fund allocations, each eligible district shall be provided local effort assistance funds as provided in this section. Such funds are not part of the district's basic education allocation. For ((the first)) distribution of local effort assistance funds provided under this section in calendar years ((1989)) 1994 and 1995, state funds may be prorated ((according to the formula in this section)) as provided in the omnibus appropriations act.
(2)(a) "Prior tax collection year" shall mean the year immediately preceding the year in which the local effort assistance shall be allocated.
(b) The "state-wide average ((ten)) twelve percent levy rate" shall mean ((ten)) twelve percent of the total levy bases as defined in RCW 84.52.0531(4) summed for all school districts, and divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as adjusted to one hundred percent by the county indicated ratio established in RCW 84.48.075.
(c) The "((ten)) twelve percent levy rate" of a district shall mean:
(i) ((Ten)) twelve percent of the district's levy base as defined in RCW 84.52.0531(4), plus one-half of any amount computed under RCW 84.52.0531(3)(b) in the case of nonhigh school districts; divided by
(ii) The district's assessed valuation for excess levy purposes for the prior tax collection year as adjusted to one hundred percent by the county indicated ratio.
(d) "Eligible districts" shall mean those districts with a ((ten)) twelve percent levy rate which exceeds the state-wide average ((ten)) twelve percent levy rate.
(3) Allocation of state matching funds to eligible districts for local effort assistance shall be determined as follows:
(a) Funds raised by the district through maintenance and operation levies during that tax collection year shall be matched with state funds using the following ratio of state funds to levy funds: (i) The difference between the district's ((ten)) twelve percent levy rate and the state-wide average ((ten)) twelve percent levy rate; to (ii) the state-wide average ((ten)) twelve percent levy rate.
(b) The maximum amount of state matching funds for which a district may be eligible in any tax collection year shall be ((ten)) twelve percent of the district's levy base as defined in RCW 84.52.0531(4), multiplied by the following percentage: (i) The difference between the district's ((ten)) twelve percent levy rate and the state-wide average ((ten)) twelve percent levy rate; divided by (ii) the district's ((ten)) twelve percent levy rate.
(4)(((a) Through tax collection year 1992, fifty-five percent of local effort assistance funds shall be distributed to qualifying districts during the applicable tax collection year on or before June 30 and forty-five percent shall be distributed on or before December 31 of any year.
(b))) In tax collection year 1993 and thereafter, local effort assistance funds shall be distributed to qualifying districts as follows:
(((i))) (a) Thirty percent in April;
(((ii))) (b) Twenty-three percent in May;
(((iii))) (c) Two percent in June;
(((iv) Twenty-six)) (d) Seventeen percent in August;
(e) Nine percent in October;
(((v))) (f) Seventeen percent in November; and
(((vi))) (g) Two percent in December.
NEW SECTION. Sec. 3. Section 2 of this act shall expire December 31, 1995."
On page 1, line 1 of the title, after "levies;" strike the remainder of the title and insert "amending RCW 84.52.0531 and 28A.500.010; and providing an expiration date."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Valle moved that the House do concur in the Senate amendments to House Bill No. 2066 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2066 as amended by the Senate.
Representatives Valle, Brough, Carlson and Dorn spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2066 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 87, Nays - 10, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Carlson, Casada, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Eide, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 87.
Voting nay: Representatives Campbell, Chandler, Edmondson, Finkbeiner, Fuhrman, Hansen, Lisk, Mielke, Padden and Silver - 10.
Excused: Representative Anderson - 1.
House Bill No. 2066, as amended by the Senate, having received the constitutional majority, was declared passed.
The Speaker assumed the chair.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Wineberry, Shin and Forner as conferees to House Bill No. 1808.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE HOUSE BILL NO. 1012,
SUBSTITUTE HOUSE BILL NO. 1026,
SUBSTITUTE HOUSE BILL NO. 1051,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1059,
SUBSTITUTE HOUSE BILL NO. 1061,
ENGROSSED HOUSE BILL NO. 1067,
SUBSTITUTE HOUSE BILL NO. 1077,
ENGROSSED HOUSE BILL NO. 1081,
SUBSTITUTE HOUSE BILL NO. 1082,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1084,
SUBSTITUTE HOUSE BILL NO. 1103,
ENGROSSED HOUSE BILL NO. 1110,
ENGROSSED HOUSE BILL NO. 1115,
SUBSTITUTE HOUSE BILL NO. 1128,
ENGROSSED HOUSE BILL NO. 1157,
SUBSTITUTE HOUSE BILL NO. 1183,
SUBSTITUTE HOUSE BILL NO. 1219,
ENGROSSED HOUSE BILL NO. 1228,
ENGROSSED HOUSE BILL NO. 1271,
SUBSTITUTE HOUSE BILL NO. 1316,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1326,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1333,
SUBSTITUTE HOUSE BILL NO. 1356,
SUBSTITUTE HOUSE BILL NO. 1504,
SUBSTITUTE HOUSE BILL NO. 1560,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1569,
SUBSTITUTE HOUSE BILL NO. 1817,
HOUSE JOINT MEMORIAL NO. 4005,
HOUSE CONCURRENT RESOLUTION NO. 4419,
HOUSE CONCURRENT RESOLUTION NO. 4420,
SUBSTITUTE SENATE BILL NO. 5357,
SUBSTITUTE SENATE BILL NO. 5360,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5502,
SUBSTITUTE SENATE BILL NO. 5829,
SUBSTITUTE SENATE BILL NO. 5837,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5888,
SUBSTITUTE SENATE BILL NO. 5963,
SENATE AMENDMENTS TO HOUSE BILL
April 19, 1993
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 1988 with the following amendments:
On page 1, after line 7, strike everything through "1994." on page 21, line 4, and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) The economy of the state depends on a well-trained work force and a strong employment system. A well-trained work force generates the productivity employers need in order to compete in the global economy and to pay workers good wages. A strong employment and unemployment system ameliorates the negative impacts of unemployment and matches the needs of employers with individuals seeking employment.
(2) The legislature further finds that too many Washington workers are unemployed, many of whom need new or enhanced work force skills in order to meet current demand in the labor market. With the increasing pace of economic change, employees must become life-long learners who periodically obtain additional education and training. The state should provide unemployed workers a variety of effective services, including timely payment of unemployment benefits, job and career counseling, job referral services, and training.
(3) At the same time, too many employers report problems finding workers with the right skills. The state should provide employers with an effective training system and an efficient method for locating well-qualified workers.
Therefore, the legislature finds it necessary and in the public interest to create an employment and training trust fund in order to provide state funding for employment and training services.
NEW SECTION. Sec. 2. It is the purpose of this act to reduce the amount paid by employers in the state to the unemployment compensation fund by twelve one-hundredths of one percent of taxable wages.
It is also the purpose of this act to establish a separate fund for training and employment services for dislocated workers. This fund shall consist of contributions of twelve one-hundredths of one percent of taxable wages.
It is the intent of the legislature that this act not result in any net increase in employer tax rates.
It is the further intent of the legislature that the employment security department and the state board for community and technical colleges shall work cooperatively to ensure expeditious training and placement of dislocated workers.
NEW SECTION. Sec. 3. A new section is added to chapter 50.24 RCW to read as follows:
Employment and training trust fund contributions to the employment and training trust fund shall accrue and become payable by each employer consistent with the tax schedule in RCW 50.29.025 as now existing or hereafter amended, except employers as described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035, those employers who are required to make payments in lieu of contributions, and those qualified employers assigned rate class 20 under RCW 50.29.025 at the rate of twelve one-hundredths of one percent for rate years 1994, 1995, 1996, and 1997. The amount of wages subject to tax shall be determined under RCW 50.24.010.
NEW SECTION. Sec. 4. A new section is added to chapter 50.16 RCW to read as follows:
There is hereby established the employment and training trust fund. All moneys in this fund are irrevocably vested for the administration of this title. The employment and training trust fund shall consist of all moneys from employment and training trust fund contributions as established in section 3 of this act. The treasurer of the employment security department shall deposit, administer, and disburse all moneys in the fund under rules adopted by the commissioner and RCW 43.01.050 and 43.84.092 are not applicable to this fund. The treasurer of the employment security department shall be the treasurer of the employment and training trust fund as described in RCW 50.16.020 and shall give a bond conditioned upon the faithful performance of his or her duties in connection with the fund. All sums recovered on the official bond for losses sustained by the employment and training trust fund must be deposited in the fund. Notwithstanding any provision of this section, all moneys received and deposited in the fund under chapter . . ., Laws of 1993 (this act), remain part of the employment and training trust fund and may be used solely for the following purposes:
(1) Providing training and related support services, including financial aid, to individuals who have been terminated or have received a notice of termination from employment, and who are eligible for or have exhausted their entitlement to unemployment compensation benefits within the previous twenty-four months;
(2) Assisting workers in finding employment through job referral, job development, counseling, and referral to training resources;
(3) Obtaining labor market information necessary for the administration of the unemployment insurance program and to assist unemployed workers in finding employment. In obtaining the information the employment security department shall ensure the inclusion of information gathered from small businesses as defined in RCW 43.31.025, with particular emphasis on businesses with fifteen or fewer employees;
(4) Performing research by an independent state auditing agency or an independent contractor to determine effectiveness of unemployment insurance programs and to determine whether program changes would benefit workers and employers;
(5) Collecting contributions for and administration of the employment and training trust fund;
(6) Improving service through improved use of information technology; and
(7) Establishing collocation employment security and job service outstations at community and technical college campuses across the state. These outstations shall provide a one-stop point of access for unemployed and dislocated workers seeking job placement services, training program information, and labor market information. In communities without co-located outstations the local job service center and community or technical college shall collaborate to provide these services.
NEW SECTION. Sec. 5. For calculations occurring on or after June 30, 1994, and in accordance with RCW 50.29.025, if the commissioner determines that the employment and training trust fund contributions for the most recent rate year have increased employer unemployment compensation contribution rates, the revenues received by the department from the employment and training contribution for calendar quarters beginning the following July 1st shall not be deposited in the employment and training trust fund but shall be deposited in the unemployment compensation fund.
NEW SECTION. Sec. 6. A new section is added to chapter 50.16 RCW to read as follows:
An individual may be eligible for applicable employment security benefits while participating in work force training. Eligibility is at the discretion of the commissioner of employment security after submitting a commissioner-approved training waiver and developing a detailed individualized training plan.
Benefits paid under this section may not be charged to the experience rating accounts of individual employers.
The commissioner shall adopt rules as necessary to implement this section.
NEW SECTION. Sec. 7. Aerospace workers unemployed as the result of downsizing and restructuring of the aerospace industry will be deemed to be dislocated workers for the purpose of commissioner approval of training under RCW 50.20.043.
NEW SECTION. Sec. 8. (1) The employment security department shall disburse the amounts appropriated by the legislature for the purposes of chapter . . ., Laws of 1993 (this act) to the state board for community and technical colleges. These funds shall be allotted for, and only for, training programs and related support services, including financial aid, in the community and technical college system that:
(a) Are consistent with work force training priorities and based upon the comprehensive plan for work force training developed by the work force training and education coordinating board. The state board for community and technical colleges shall develop a plan for use and evaluation of these funds which is to be approved by the work force training and education coordinating board for consistency with their work force priorities. In developing and approving the plan, information shall be gathered from small businesses as defined in RCW 43.31.025, with particular emphasis on businesses with fifteen or fewer employees. Further, the state board for community and technical colleges shall report to the work force training and education coordinating board and the legislature annually on the progress and results of the training and support services provided to eligible participants;
(b) Provide increased enrollments for individuals who have been terminated or have received a notice of termination from employment, and who are eligible for or have exhausted their entitlement to unemployment compensation benefits within the previous twenty-four months, with first priority given to individuals who are unlikely to return to employment in the individuals' principal occupation or previous industry because of a diminishing demand for their skills in that occupation or industry; and
(c) Provide increased enrollments and support services, including financial aid, that do not replace or supplant any existing enrollments, programs, support services, or funding sources. For fiscal year 1994, the state board for community and technical colleges may borrow from the general fund to initiate the programs authorized under this act. However, the board shall repay the borrowed amount by the end of the fiscal biennium from funds appropriated to it from the employment and training trust fund.
(2) For purposes of chapter . . ., Laws of 1993 (this act), training provided by the community and technical colleges shall only consist of basic skills and literacy, occupational skills, vocational education, and related or supplemental instruction for apprentices who are enrolled in a registered, state-approved apprenticeship program. Community and technical colleges may contract with skill centers to provide training authorized in this section. Upon the request of an eligible recipient, a community and technical college may contract with a private technical school for specialized vocational training. Available tuition for the training is limited to the amount that would otherwise be obtained per enrolled quarter to a public institution. Furthermore, the funding is only available to students who seek training in a course of study not available at a public institution within an eligible recipient's congressional district.
Sec. 9. RCW 50.16.010 and 1991 sp.s. c 13 s 59 are each amended to read as follows:
There shall be maintained as special funds, separate and apart from all public moneys or funds of this state an unemployment compensation fund, an administrative contingency fund, an employment and training trust fund, and a federal interest payment fund, which shall be administered by the commissioner exclusively for the purposes of this title, and to which RCW 43.01.050 and 43.84.092 shall not be applicable.
(1) The unemployment compensation fund shall consist of
(((1))) (a) all contributions and payments in lieu of contributions collected pursuant to the provisions of this title,
(((2))) (b) any property or securities acquired through the use of moneys belonging to the fund,
(((3))) (c) all earnings of such property or securities,
(((4))) (d) any moneys received from the federal unemployment account in the unemployment trust fund in accordance with Title XII of the social security act, as amended,
(((5))) (e) all money recovered on official bonds for losses sustained by the fund,
(((6))) (f) all money credited to this state's account in the unemployment trust fund pursuant to section 903 of the social security act, as amended,
(((7))) (g) all money received from the federal government as reimbursement pursuant to section 204 of the federal-state extended compensation act of 1970 (84 Stat. 708-712; 26 U.S.C. Sec. 3304), and
(((8))) (h) all moneys received for the fund from any other source.
All moneys in the unemployment compensation fund shall be commingled and undivided.
(2)(a) The administrative contingency fund shall consist of:
(i) All interest on delinquent contributions collected pursuant to this title((,));
(ii) All fines and penalties collected pursuant to the provisions of this title((,));
(iii) All sums recovered on official bonds for losses sustained by the fund((,)); and
(iv) Revenue received under RCW 50.24.014:
PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
(b) Moneys available in the administrative contingency fund, other than money in the special account created under RCW 50.24.014, shall be expended upon the direction of the commissioner, with the approval of the governor, whenever it appears to him or her that such expenditure is necessary for:
(((a))) (i) The proper administration of this title and no federal funds are available for the specific purpose to which such expenditure is to be made, provided, the moneys are not substituted for appropriations from federal funds which, in the absence of such moneys, would be made available.
(((b))) (ii) The proper administration of this title for which purpose appropriations from federal funds have been requested but not yet received, provided, the administrative contingency fund will be reimbursed upon receipt of the requested federal appropriation.
Money in the special account created under RCW 50.24.014 may only be expended, after appropriation, for the purposes specified in RCW ((74.09.035, 74.09.510, 74.09.520, and 74.09.700)) 50.62.010, 50.62.020, 50.62.030, 50.04.070, 50.04.072, 50.16.010, 50.29.025, 50.24.014, 50.44.053, and 50.22.010.
(3) The employment and training trust fund shall consist of all contributions received from the employment and training trust fund contributions in accordance with section 3 of this act.
Sec. 10. RCW 50.16.010 and 1993 c .... s 9 (section 9 of this act) are each amended to read as follows:
There shall be maintained as special funds, separate and apart from all public moneys or funds of this state an unemployment compensation fund, an administrative contingency fund, ((an employment and training trust fund,)) and a federal interest payment fund, which shall be administered by the commissioner exclusively for the purposes of this title, and to which RCW 43.01.050 ((and 43.84.092)) shall not be applicable.
(((1))) The unemployment compensation fund shall consist of
(((a))) (1) all contributions and payments in lieu of contributions collected pursuant to the provisions of this title,
(((b))) (2) any property or securities acquired through the use of moneys belonging to the fund,
(((c))) (3) all earnings of such property or securities,
(((d))) (4) any moneys received from the federal unemployment account in the unemployment trust fund in accordance with Title XII of the social security act, as amended,
(((e))) (5) all money recovered on official bonds for losses sustained by the fund,
(((f))) (6) all money credited to this state's account in the unemployment trust fund pursuant to section 903 of the social security act, as amended,
(((g))) (7) all money received from the federal government as reimbursement pursuant to section 204 of the federal-state extended compensation act of 1970 (84 Stat. 708-712; 26 U.S.C. Sec. 3304), and
(((h))) (8) all moneys received for the fund from any other source.
All moneys in the unemployment compensation fund shall be commingled and undivided.
(((2)(a))) The administrative contingency fund shall consist of((:
(i))) all interest on delinquent contributions collected pursuant to this title((;
(ii))), all fines and penalties collected pursuant to the provisions of this title((;
(iii))), all sums recovered on official bonds for losses sustained by the fund((;)), and
(((iv))) revenue received under RCW 50.24.014:
PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
(((b))) Moneys available in the administrative contingency fund, other than money in the special account created under RCW 50.24.014, shall be expended upon the direction of the commissioner, with the approval of the governor, whenever it appears to him or her that such expenditure is necessary for:
(((i))) (a) The proper administration of this title and no federal funds are available for the specific purpose to which such expenditure is to be made, provided, the moneys are not substituted for appropriations from federal funds which, in the absence of such moneys, would be made available.
(((ii))) (b) The proper administration of this title for which purpose appropriations from federal funds have been requested but not yet received, provided, the administrative contingency fund will be reimbursed upon receipt of the requested federal appropriation.
Money in the special account created under RCW 50.24.014 may only be expended, after appropriation, for the purposes specified in RCW 50.62.010, 50.62.020, 50.62.030, 50.04.070, 50.04.072, 50.16.010, 50.29.025, 50.24.014, 50.44.053, and 50.22.010.
(((3) The employment and training trust fund shall consist of all contributions received from the employment and training trust fund contributions in accordance with section 2 of this act.))
Sec. 11. RCW 50.16.020 and 1983 1st ex.s. c 23 s 10 are each amended to read as follows:
The commissioner shall designate a treasurer and custodian of the unemployment compensation fund, the employment and training trust fund, and ((of)) the administrative contingency fund, who shall administer such funds in accordance with the directions of the commissioner and shall issue his or her warrants upon them in accordance with such regulations as the commissioner shall prescribe. ((He)) The treasurer and custodian shall maintain within the unemployment compensation fund three separate accounts as follows:
(1) a clearing account,
(2) an unemployment trust fund account, and
(3) a benefit account.
All moneys payable to the unemployment compensation fund, upon receipt thereof by the commissioner, shall be forwarded to the treasurer, who shall immediately deposit them in the clearing account. Refunds payable pursuant to the provisions of this title from the unemployment compensation fund may be paid from the clearing account upon warrants issued by the treasurer under the direction of the commissioner: PROVIDED, HOWEVER, That refunds of interest or penalties on delinquent contributions shall be paid from the administrative contingency fund upon warrants issued by the treasurer under the direction of the commissioner.
After clearance thereof, all other moneys in the clearing account shall be immediately deposited with the Secretary of the Treasury of the United States to the credit of the account of this state in the unemployment trust fund, established and maintained pursuant to section 904 of the social security act, as amended, any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding.
The benefit account shall consist of all moneys requisitioned from this state's account in the unemployment trust fund. Moneys in the clearing and benefit accounts and in the administrative contingency fund shall not be commingled with other state funds, but shall be deposited by the treasurer, under the direction of the commissioner, in any bank or public depository in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund.
Such moneys shall be secured by said bank or public depository to the same extent and in the same manner as required by the general depository law of the state and collateral pledged shall be maintained in a separate custody account.
The treasurer shall give a bond conditioned upon the faithful performance of his or her duties as a custodian of the funds in an amount fixed by the director of the department of general administration and in a form prescribed by law or approved by the attorney general. Premiums for said bond shall be paid from the administration fund. All sums recovered on official bonds for losses sustained by the unemployment compensation fund shall be deposited in such fund. All sums recovered on official bonds for losses sustained by the administrative contingency fund shall be deposited in such fund.
Sec. 12. RCW 50.16.020 and 1993 c .... s 11 (section 11 of this act) are each amended to read as follows:
The commissioner shall designate a treasurer and custodian of the unemployment compensation fund((, the employment and training trust fund,)) and of the administrative contingency fund, who shall administer such funds in accordance with the directions of the commissioner and shall issue his or her warrants upon them in accordance with such regulations as the commissioner shall prescribe. The treasurer and custodian shall maintain within the unemployment compensation fund three separate accounts as follows:
(1) a clearing account,
(2) an unemployment trust fund account, and
(3) a benefit account.
All moneys payable to the unemployment compensation fund, upon receipt thereof by the commissioner, shall be forwarded to the treasurer, who shall immediately deposit them in the clearing account. Refunds payable pursuant to the provisions of this title from the unemployment compensation fund may be paid from the clearing account upon warrants issued by the treasurer under the direction of the commissioner: PROVIDED, HOWEVER, That refunds of interest or penalties on delinquent contributions shall be paid from the administrative contingency fund upon warrants issued by the treasurer under the direction of the commissioner.
After clearance thereof, all other moneys in the clearing account shall be immediately deposited with the Secretary of the Treasury of the United States to the credit of the account of this state in the unemployment trust fund, established and maintained pursuant to section 904 of the social security act, as amended, any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding.
The benefit account shall consist of all moneys requisitioned from this state's account in the unemployment trust fund. Moneys in the clearing and benefit accounts and in the administrative contingency fund shall not be commingled with other state funds, but shall be deposited by the treasurer, under the direction of the commissioner, in any bank or public depository in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund.
Such moneys shall be secured by said bank or public depository to the same extent and in the same manner as required by the general depository law of the state and collateral pledged shall be maintained in a separate custody account.
The treasurer shall give a bond conditioned upon the faithful performance of his or her duties as a custodian of the funds in an amount fixed by the director of the department of general administration and in a form prescribed by law or approved by the attorney general. Premiums for said bond shall be paid from the administration fund. All sums recovered on official bonds for losses sustained by the unemployment compensation fund shall be deposited in such fund. All sums recovered on official bonds for losses sustained by the administrative contingency fund shall be deposited in such fund.
Sec. 13. RCW 50.29.025 and 1990 c 245 s 7 are each amended to read as follows:
The contribution rate for each employer shall be determined under this section.
(1) A fund balance ratio shall be determined by dividing the balance in the unemployment compensation fund as of the June 30th immediately preceding the rate year by the total remuneration paid by all employers subject to contributions during the second calendar year preceding the rate year and reported to the department by the following March 31st. The division shall be carried to the fourth decimal place with the remaining fraction, if any, disregarded. The fund balance ratio shall be expressed as a percentage.
(2) The interval of the fund balance ratio, expressed as a percentage, shall determine which tax schedule in subsection (5) of this section shall be in effect for assigning tax rates for the rate year. The intervals for determining the effective tax schedule shall be:
Interval of the
Fund Balance Ratio Effective
Expressed as a Percentage Tax Schedule
3.40 and above A
2.90 to 3.39 B
2.40 to 2.89 C
1.90 to 2.39 D
1.40 to 1.89 E
Less than 1.40 F
(3) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (a) Identification number; (b) benefit ratio; (c) taxable payrolls for the four calendar quarters immediately preceding the computation date and reported to the department by the cut-off date; (d) a cumulative total of taxable payrolls consisting of the employer's taxable payroll plus the taxable payrolls of all other employers preceding him or her in the array; and (e) the percentage equivalent of the cumulative total of taxable payrolls.
(4) Each employer in the array shall be assigned to one of twenty rate classes according to the percentage intervals of cumulative taxable payrolls set forth in subsection (5) of this section: PROVIDED, That if an employer's taxable payroll falls within two or more rate classes, the employer and any other employer with the same benefit ratio shall be assigned to the lowest rate class which includes any portion of the employer's taxable payroll.
(5) The contribution rate for each employer in the array shall be the rate specified in the following tables for the rate class to which he or she has been assigned, as determined under subsection (4) of this section, within the tax schedule which is to be in effect during the rate year:
Percent of
Cumulative Schedule((s)) of Contribution((s)) Rates
Taxable Payrolls for Effective Tax Schedule
Rate
From To Class A B C D E F
((0.00 5.00 1 0.48 0.58 0.98 1.48 1.88 2.48
5.01 10.00 2 0.48 0.78 1.18 1.68 2.08 2.68
10.01 15.00 3 0.58 0.98 1.38 1.78 2.28 2.88
15.01 20.00 4 0.78 1.18 1.58 1.98 2.48 3.08
20.01 25.00 5 0.98 1.38 1.78 2.18 2.68 3.18
25.01 30.00 6 1.18 1.58 1.98 2.38 2.78 3.28
30.01 35.00 7 1.38 1.78 2.18 2.58 2.98 3.38
35.01 40.00 8 1.58 1.98 2.38 2.78 3.18 3.58
40.01 45.00 9 1.78 2.18 2.58 2.98 3.38 3.78
45.01 50.00 0 1.98 2.38 2.78 3.18 3.58 3.98
50.01 55.00 11 2.28 2.58 2.98 3.38 3.78 4.08
55.01 60.00 12 2.48 2.78 3.18 3.58 3.98 4.28
60.01 65.00 13 2.68 2.98 3.38 3.78 4.18 4.48
65.01 70.00 14 2.88 3.18 3.58 3.98 4.38 4.68
70.01 75.00 15 3.08 3.38 3.78 4.18 4.58 4.78
75.01 80.00 16 3.28 3.58 3.98 4.38 4.68 4.88
80.01 85.00 17 3.48 3.78 4.18 4.58 4.88 4.98
85.01 90.00 18 3.88 4.18 4.58 4.88 4.98 5.18
90.01 95.00 19 4.28 4.58 4.98 5.08 5.18 5.38
95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40))
0.00 5.00 1 0.36 0.46 0.86 1.36 1.76 2.36
5.01 10.00 2 0.36 0.66 1.06 1.56 1.96 2.56
10.01 15.00 3 0.46 0.86 1.26 1.66 2.16 2.76
15.01 20.00 4 0.66 1.06 1.46 1.86 2.36 2.96
20.01 25.00 5 0.86 1.26 1.66 2.06 2.56 3.06
25.01 30.00 6 1.06 1.46 1.86 2.26 2.66 3.16
30.01 35.00 7 1.26 1.66 2.06 2.46 2.86 3.26
35.01 40.00 8 1.46 1.86 2.26 2.66 3.06 3.46
40.01 45.00 9 1.66 2.06 2.46 2.86 3.26 3.66
45.01 50.00 10 1.86 2.26 2.66 3.06 3.46 3.86
50.01 55.00 11 2.16 2.46 2.86 3.26 3.66 3.96
55.01 60.00 12 2.36 2.66 3.06 3.46 3.86 4.16
60.01 65.00 13 2.56 2.86 3.26 3.66 4.06 4.36
65.01 70.00 14 2.76 3.06 3.46 3.86 4.26 4.56
70.01 75.00 15 2.96 3.26 3.66 4.06 4.46 4.66
75.01 80.00 16 3.16 3.46 3.86 4.26 4.56 4.76
80.01 85.00 17 3.36 3.66 4.06 4.46 4.76 4.86
85.01 90.00 18 3.76 4.06 4.46 4.76 4.86 5.06
90.01 95.00 19 4.16 4.46 4.86 4.96 5.06 5.26
95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40
(6) The contribution rate for each employer not qualified to be in the array shall be as follows:
(a) Employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due shall be assigned the contribution rate of five and four-tenths percent, except employers who have an approved agency-deferred payment contract by September 30 of the previous rate year. If any employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to five and four-tenths percent for the current rate year;
(b) The contribution rate for employers exempt as of December 31, 1989, who are newly covered under the section 78, chapter 380, Laws of 1989 amendment to RCW 50.04.150 and not yet qualified to be in the array shall be 2.5 percent for employers whose standard industrial code is "013", "016", "017", "018", "019", "021", or "081"; and
(c) For all other employers not qualified to be in the array, the contribution rate shall be a rate equal to the average industry rate as determined by the commissioner; however, the rate may not be less than one percent. Assignment of employers by the commissioner to industrial classification, for purposes of this subsection, shall be in accordance with established classification practices found in the "Standard Industrial Classification Manual" issued by the federal office of management and budget to the third digit provided in the Standard Industrial Classification code.
Sec. 14. RCW 50.29.025 and 1993 c .... s 13 (section 13 of this act) are each amended to read as follows:
The contribution rate for each employer shall be determined under this section.
(1) A fund balance ratio shall be determined by dividing the balance in the unemployment compensation fund as of the June 30th immediately preceding the rate year by the total remuneration paid by all employers subject to contributions during the second calendar year preceding the rate year and reported to the department by the following March 31st. The division shall be carried to the fourth decimal place with the remaining fraction, if any, disregarded. The fund balance ratio shall be expressed as a percentage.
(2) The interval of the fund balance ratio, expressed as a percentage, shall determine which tax schedule in subsection (5) of this section shall be in effect for assigning tax rates for the rate year. The intervals for determining the effective tax schedule shall be:
Interval of the
Fund Balance Ratio Effective
Expressed as a Percentage Tax Schedule
3.40 and above A
2.90 to 3.39 B
2.40 to 2.89 C
1.90 to 2.39 D
1.40 to 1.89 E
Less than 1.40 F
(3) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (a) Identification number; (b) benefit ratio; (c) taxable payrolls for the four calendar quarters immediately preceding the computation date and reported to the department by the cut-off date; (d) a cumulative total of taxable payrolls consisting of the employer's taxable payroll plus the taxable payrolls of all other employers preceding him or her in the array; and (e) the percentage equivalent of the cumulative total of taxable payrolls.
(4) Each employer in the array shall be assigned to one of twenty rate classes according to the percentage intervals of cumulative taxable payrolls set forth in subsection (5) of this section: PROVIDED, That if an employer's taxable payroll falls within two or more rate classes, the employer and any other employer with the same benefit ratio shall be assigned to the lowest rate class which includes any portion of the employer's taxable payroll.
(5) The contribution rate for each employer in the array shall be the rate specified in the following tables for the rate class to which he or she has been assigned, as determined under subsection (4) of this section, within the tax schedule which is to be in effect during the rate year:
Percent of
Cumulative Schedules of Contributions Rates Taxable Payrolls for Effective Tax Schedule
Rate
From To Class A B C D E F
((0.00 5.00 1 0.36 0.46 0.86 1.36 1.78 2.36
5.01 10.00 2 0.36 0.66 1.06 1.56 1.96 2.56
10.01 15.00 3 0.46 0.86 1.26 1.66 2.16 2.76
15.01 20.00 4 0.66 1.06 1.46 1.86 2.36 2.96
20.01 25.00 5 0.86 1.26 1.66 2.06 2.56 3.06
25.01 30.00 6 1.06 1.46 1.86 2.26 2.66 3.16
30.01 35.00 7 1.26 1.66 2.06 2.46 2.86 3.26
35.01 40.00 8 1.46 1.86 2.26 2.66 3.06 3.46
40.01 45.00 9 1.66 2.06 2.46 2.86 3.26 3.66
45.01 50.00 10 1.86 2.26 2.66 3.06 3.46 3.86
50.01 55.00 11 2.16 2.46 2.86 3.26 3.66 3.96
55.01 60.00 12 2.36 2.66 3.06 3.46 3.86 4.16
60.01 65.00 13 2.56 2.86 3.26 3.66 4.06 4.36
65.01 70.00 14 2.76 3.06 3.46 3.86 4.26 4.56
70.01 75.00 15 2.96 3.26 3.66 4.06 4.46 4.66
75.01 80.00 16 3.16 3.46 3.86 4.26 4.56 4.76
80.01 85.00 17 3.36 3.66 4.06 4.46 4.76 4.86
85.01 90.00 18 3.76 4.06 4.46 4.76 4.86 5.06
90.01 95.00 19 4.16 4.46 4.86 4.96 5.06 5.26
95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40))
0.00 5.00 1 0.48 0.58 0.98 1.48 1.88 2.48
5.01 10.00 2 0.48 0.78 1.18 1.68 2.08 2.68
10.01 15.00 3 0.58 0.98 1.38 1.78 2.28 2.88
15.01 20.00 4 0.78 1.18 1.58 1.98 2.48 3.08
20.01 25.00 5 0.98 1.38 1.78 2.18 2.68 3.18
25.01 30.00 6 1.18 1.58 1.98 2.38 2.78 3.28
30.01 35.00 7 1.38 1.78 2.18 2.58 2.98 3.38
35.01 40.00 8 1.58 1.98 2.38 2.78 3.18 3.58
40.01 45.00 9 1.78 2.18 2.58 2.98 3.38 3.78
45.01 50.00 10 1.98 2.38 2.78 3.18 3.58 3.98
50.01 55.00 11 2.28 2.58 2.98 3.38 3.78 4.08
55.01 60.00 12 2.48 2.78 3.18 3.58 3.98 4.28
60.01 65.00 13 2.68 2.98 3.38 3.78 4.18 4.48
65.01 70.00 14 2.88 3.18 3.58 3.98 4.38 4.68
70.01 75.00 15 3.08 3.38 3.78 4.18 4.58 4.78
75.01 80.00 16 3.28 3.58 3.98 4.38 4.68 4.88
80.01 85.00 17 3.48 3.78 4.18 4.58 4.88 4.98
85.01 90.00 18 3.88 4.18 4.58 4.88 4.98 5.18
90.01 95.00 19 4.28 4.58 4.98 5.08 5.18 5.38
95.01 100.00 20 5.40 5.40 5.40 5.40 5.40 5.40
(6) The contribution rate for each employer not qualified to be in the array shall be as follows:
(a) Employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due shall be assigned the contribution rate of five and four-tenths percent, except employers who have an approved agency-deferred payment contract by September 30 of the previous rate year. If any employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to five and four-tenths percent for the current rate year;
(b) The contribution rate for employers exempt as of December 31, 1989, who are newly covered under the section 78, chapter 380, Laws of 1989 amendment to RCW 50.04.150 and not yet qualified to be in the array shall be 2.5 percent for employers whose standard industrial code is "013", "016", "017", "018", "019", "021", or "081"; and
(c) For all other employers not qualified to be in the array, the contribution rate shall be a rate equal to the average industry rate as determined by the commissioner; however, the rate may not be less than one percent. Assignment of employers by the commissioner to industrial classification, for purposes of this subsection, shall be in accordance with established classification practices found in the "Standard Industrial Classification Manual" issued by the federal office of management and budget to the third digit provided in the Standard Industrial Classification code.
NEW SECTION. Sec. 15. A new section is added to chapter 50.29 RCW to read as follows:
For the purpose of simplification of employer reports, the "combined contribution rate" shall be used in the calculation of employer taxes. The combined contribution rate shall include the regular contribution rate as determined under RCW 50.29.025, employment and training trust fund contributions as determined under section 3 of this act, and special contributions required under RCW 50.24.014. A mention of the "combined contribution rate" may not be made on a tax form or publication unless the form or publication specifically identifies the specific contributions. The combined contribution rate may not be quoted on a form unless the specific component rates are also quoted. The sole purpose of the combined contribution rate is to allow an employer to perform a single calculation on a tax return rather than four separate calculations.
NEW SECTION. Sec. 16. Prior to any increase in the employer tax schedule as provided in section 13, chapter ..., Laws of 1993 (section 13 of this act), the commissioner shall provide a report to the appropriate committees of the legislature specifying to what extent the work force training expenditures in chapter . . ., Laws of 1993 (this act) elevated employer contribution rates for the effective tax schedule.
NEW SECTION. Sec. 17. (1) The employment security department shall report to the appropriate committees of the legislature by December 1, 1994, and every year thereafter, on the status of the programs provided in this act and the resulting outcomes. The department shall include in its report quantitative and demographic information on the increase in job orders, placement referrals, individualized training plans, skill assessments, and other interventions achieved. The department also shall include in its report the number of repeat clients as a percentage of all clients served by programs provided in chapter . . ., Laws of 1993 (this act).
(2) The state board for community and technical colleges shall report to the appropriate standing committees of the legislature by December 1, 1994, and every year thereafter, the number of certified student full-time equivalents receiving training as provided in this act. In addition, the report must include information on the outcomes of the provided training. The report also must include indices of placement rates, student demographics, training plan completion rates, and comparisons of preprogram and postprogram wage levels.
(3) Each community and technical college shall confer and consult with its respective labor-management advisory board concerning the college's efforts to provide the training and services rendered in chapter ..., Laws of 1993 (this act) and meet the completion and placement goals of the work force training and education coordinating board. Each community and technical college shall ensure the participation on its labor-management advisory board of small businesses as defined in RCW 43.31.025, with particular emphasis on businesses with fifteen or fewer employees.
(4) The work force training and education coordinating board shall conduct a study in consultation with the higher education coordinating board on the feasibility of: (a) Redirecting all state and federal job training and retraining funds distributed in the state into a separate job training trust fund; and (b) distributing the funds according to uniform criteria. The work force training and education coordinating board shall report to the appropriate committees of the legislature on the results of the study by January 1, 1995.
NEW SECTION. Sec. 18. A new section is added to chapter 43.131 RCW to read as follows:
The work force employment and training program created in chapter . . ., Laws of 1993 (this act) shall expire June 30, 1998.
NEW SECTION. Sec. 19. A new section is added to chapter 43.131 RCW to read as follows:
The following acts or parts of acts are each repealed, effective June 30, 1999:
(1) Section 1 of this act;
(2) Section 2 of this act;
(3) Section 3 of this act;
(4) Section 4 of this act;
(5) Section 5 of this act;
(6) Section 6 of this act;
(7) Section 8 of this act;
(8) Section 15 of this act; and
(9) Section 17 of this act.
NEW SECTION. Sec. 20. (1) Sections 10 and 12 of this act shall take effect June 30, 1999;
(2) Section 14 of this act shall take effect January 1, 1998.
NEW SECTION. Sec. 21. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.
NEW SECTION. Sec. 22. 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. 23. This act applies to tax rate years beginning with tax rate year 1994."On page 20, beginning on line 21 of the title amendment, after "insert" strike the remainder of the title amendment and insert "amending RCW 50.16.010, 50.16.010, 50.16.020, 50.16.020, 50.29.025, and 50.29.025; adding a new section to chapter 50.24 RCW; adding new sections to chapter 50.16 RCW; adding a new section to chapter 50.29 RCW; adding new sections to chapter 43.131 RCW; creating new sections; and providing effective dates."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Wineberry moved that the House do concur in the Senate amendments to Engrossed Substitute House Bill No. 1988 and pass the bill as amended by the Senate.
Representative Forner spoke against the motion to concur.
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. 1988 as amended by the Senate.
Representatives Sheldon, Wineberry, R. Meyers, Basich, Talcott, Conway, Shin and Jones spoke in favor of passage of the bill.
Representatives Forner, Morton, Ballard, Vance, Silver, Horn and Dyer spoke against it.
Representatives Wineberry and Sheldon again spoke in favor of passage of the bill and Representative Forner again spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1988 as amended by the Senate, and the bill passed the House by the following vote: Yeas - 67, Nays - 30, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Basich, Bray, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Mastin, Meyers, R., Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Talcott, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 67.
Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Long, Mielke, Morton, Padden, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Tate, Thomas, Vance and Van Luven - 30.
Excused: Representative Anderson - 1.
Engrossed Substitute House Bill No. 1988, as amended by the Senate, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
MESSAGE FROM THE SENATE
April 17, 1993
Mr. Speaker:
The Senate refuses to concur in the House amendments to SENATE BILL NO. 5828 and asks the House to recede therefrom, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Jacobsen moved that the House recede from its position and pass Senate Bill No. 5828 without the House amendments.
Representative Jacobsen spoke in favor of the motion and it was carried.
FINAL PASSAGE OF SENATE BILL WITHOUT SENATE AMENDMENTS
The Speaker stated the question before the House to be final passage of Senate Bill No. 5828 without the House amendments.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5828, without the House amendments, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Anderson - 1.
Senate Bill No. 5828, without the House amendments, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 20, 1993
Mr. Speaker:
The Senate refuses to concur in the House amendments to ENGROSSED SENATE BILL NO. 5879 and asks the House to recede therefrom, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative R. Fisher moved that the House recede from its position and pass Engrossed Senate Bill No. 5879 without the House amendments.
Representative R. Fisher spoke in favor of the motion and it was carried.
FINAL PASSAGE OF SENATE BILL WITHOUT HOUSE AMENDMENTS
The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 5879 without the House amendments.
Representative Schmidt and R. Fisher spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Senate Bill No. 5879 without the House amendments and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Anderson - 1.
Engrossed Senate Bill No. 5879, without the House amendments, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 21, 1993
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2054 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The higher education personnel board and the state personnel board are abolished and their powers, duties, and functions are transferred to the Washington personnel resources board. All references to the director or the higher education personnel board or the state personnel board in the Revised Code of Washington shall be construed to mean the director of the Washington personnel resources board or the Washington personnel resources board.
NEW SECTION. Sec. 2. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the higher education personnel board and the state personnel board shall be delivered to the custody of the Washington personnel resources board. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the higher education personnel board and the state personnel board shall be made available to the Washington personnel resources board. All funds, credits, or other assets held by the higher education personnel board and the state personnel board shall be assigned to the Washington personnel resources board.
Any appropriations made to the higher education personnel board and the state personnel board shall, on the effective date of this section, be transferred and credited to the Washington personnel resources board.
Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
NEW SECTION. Sec. 3. All employees of the higher education personnel board and the state personnel board are transferred to the jurisdiction of the Washington personnel resources board. All employees classified under chapter 28B.16 RCW on June 30, 1993, or chapter 41.06 RCW, the state civil service law, are assigned to the Washington personnel resources board to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
NEW SECTION. Sec. 4. All rules of the higher education personnel board and the state personnel board shall be continued until acted upon by the Washington personnel resources board. All pending business shall be continued until acted upon by the Washington personnel resources board. All existing contracts and obligations shall remain in full force and shall be performed by the Washington personnel resources board.
NEW SECTION. Sec. 5. The transfer of the powers, duties, functions, and personnel of the higher education personnel board and the state personnel board shall not affect the validity of any act performed prior to the effective date of this section.
NEW SECTION. Sec. 6. If apportionments of budgeted funds are required because of the transfers directed by sections 2 through 5 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
NEW SECTION. Sec. 7. Nothing contained in sections 1 through 6 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the Washington personnel resources board as provided by law.
NEW SECTION. Sec. 8. A new section is added to chapter 41.06 RCW to read as follows:
For purposes of this chapter, "manager" means any employee who:
(1) Formulates state-wide policy or directs the work of an agency or agency subdivision;
(2) Is responsible to administer one or more state-wide policies or programs of an agency or agency subdivision;
(3) Manages, administers, and controls a local branch office of an agency or agency subdivision, including the physical, financial, or personnel resources;
(4) Has substantial responsibility in personnel administration, legislative relations, public information, or the preparation and administration of budgets; or
(5) Functionally is above the first level of supervision and exercises authority that is not merely routine or clerical in nature and requires the consistent use of independent judgment.
NEW SECTION. Sec. 9. A new section is added to chapter 41.06 RCW to read as follows:
(1) Except as provided in RCW 41.06.070, notwithstanding any other provisions of this chapter, the director is authorized to adopt, after consultation with state agencies and employee organizations, rules for managers as defined in section 8 of this act. These rules shall not apply to managers employed by institutions of higher education or related boards or whose positions are exempt. The rules shall govern recruitment, appointment, classification and allocation of positions, examination, training and career development, hours of work, probation, certification, compensation, transfer, affirmative action, promotion, layoff, reemployment, performance appraisals, discipline, and any and all other personnel practices for managers. These rules shall be separate from rules adopted by the board for other employees, and to the extent that the rules adopted apply only to managers shall take precedence over rules adopted by the board, and are not subject to review by the board.
(2) In establishing rules for managers, the director shall adhere to the following goals:
(a) Development of a simplified classification system that facilitates movement of managers between agencies and promotes upward mobility;
(b) Creation of a compensation system consistent with the policy set forth in RCW 41.06.150(17). The system shall provide flexibility in setting and changing salaries;
(c) Establishment of a performance appraisal system that emphasizes individual accountability for program results and efficient management of resources; effective planning, organization, and communication skills; valuing and managing workplace diversity; development of leadership and interpersonal abilities; and employee development;
(d) Strengthening management training and career development programs that build critical management knowledge, skills, and abilities; focusing on managing and valuing workplace diversity; empowering employees by enabling them to share in workplace decision making and to be innovative, willing to take risks, and able to accept and deal with change; promoting a workplace where the overall focus is on the recipient of the government services and how these services can be improved; and enhancing mobility and career advancement opportunities;
(e) Permitting flexible recruitment and hiring procedures that enable agencies to compete effectively with other employers, both public and private, for managers with appropriate skills and training; allowing consideration of all qualified candidates for positions as managers; and achieving affirmative action goals and diversity in the workplace;
(f) Providing that managers may only be reduced, dismissed, suspended, or demoted for cause; and
(g) Facilitating decentralized and regional administration.
NEW SECTION. Sec. 10. A new section is added to chapter 41.06 RCW to read as follows:
Each institution of higher education and each related board shall designate an officer who shall perform duties as personnel officer. The personnel officer at each institution or related board shall direct, supervise, and manage administrative and technical personnel activities for the classified service at the institution or related board consistent with policies established by the institution or related board and in accordance with the provisions of this chapter and the rules adopted under this chapter. Institutions may undertake jointly with one or more other institutions to appoint a person qualified to perform the duties of personnel officer, provide staff and financial support and may engage consultants to assist in the performance of specific projects. The services of the department of personnel may also be used by the institutions or related boards pursuant to RCW 41.06.080.
The state board for community and technical colleges shall have general supervision and control over activities undertaken by the various community colleges pursuant to this section.
NEW SECTION. Sec. 11. A new section is added to chapter 41.06 RCW to read as follows:
Rules adopted by the board shall provide for local administration and management by the institutions of higher education and related boards, subject to periodic audit and review by the board, of the following:
(1) Appointment, promotion, and transfer of employees;
(2) Dismissal, suspension, or demotion of an employee;
(3) Examinations for all positions in the competitive and noncompetitive service;
(4) Probationary periods of six to twelve months and rejection of probationary employees;
(5) Sick leaves and vacations;
(6) Hours of work;
(7) Layoffs when necessary and subsequent reemployment;
(8) Allocation and reallocation of positions within the classification plans;
(9) Training programs; and
(10) Maintenance of personnel records.
NEW SECTION. Sec. 12. A new section is added to chapter 41.06 RCW to read as follows:
(1) The legislature recognizes that:
(a) The labor market and the state government work force are diverse in terms of gender, race, ethnicity, age, and the presence of disabilities.
(b) The state's personnel resource and management practices must be responsive to the diverse nature of its work force composition.
(c) Managers in all agencies play a key role in the implementation of all critical personnel policies.
It is therefore the policy of the state to create an organizational culture in state government that respects and values individual differences and encourages the productive potential of every employee.
(2) To implement this policy, the department shall:
(a) In consultation with agencies, employee organizations, employees, institutions of higher education, and related boards, review civil service rules and related policies to ensure that they support the state's policy of valuing and managing diversity in the workplace;
(b) In consultation with agencies, employee organizations, and employees, institutions of higher education, and related boards, develop model policies, procedures, and technical information to be made available to such entities for the support of workplace diversity programs, including, but not limited to:
(i) Voluntary mentorship programs;
(ii) Alternative testing practices for persons of disability where deemed appropriate;
(iii) Career counseling;
(iv) Training opportunities, including management and employee awareness and skills training, English as a second language, and individual tutoring;
(v) Recruitment strategies;
(vi) Management performance appraisal techniques that focus on valuing and managing diversity in the workplace; and
(vii) Alternative work arrangements;
(c) In consultation with agencies, employee organizations, and employees, institutions of higher education, and related boards, develop training programs for all managers to enhance their ability to implement diversity policies and to provide a thorough grounding in all aspects of the state civil service law and merit system rules, and how the proper implementation and application thereof can facilitate and further the mission of the agency.
(3) The department shall coordinate implementation of this section with the office of financial management and institutions of higher education and related boards to reduce duplication of effort.
NEW SECTION. Sec. 13. A new section is added to chapter 41.06 RCW to read as follows:
Meaningful and effective involvement of employees and their representatives is essential to the efficient and effective delivery of state government services. To accomplish this, agencies shall use joint employee-management committees to collaborate on the desired goals of streamlined organizational structures, continuous improvement in all systems and processes, empowerment of line level employees to solve workplace and system delivery problems, managers functioning as coaches and facilitators, and employee training and development as an investment in the future. If employees are represented by an exclusive bargaining representative, the representative shall select the employee committee members and also be on the committee. In addition, the committees shall be used for improvement of the quality of work life for state employees resulting in more productive and efficient service delivery to the general public and customers of state government. Nothing in this section supplants any collective bargaining process or provision.
Sec. 14. RCW 28B.12.060 and 1987 c 330 s 202 are each amended to read as follows:
The higher education coordinating board shall adopt rules ((and regulations)) as may be necessary or appropriate for effecting the provisions of this chapter, and not in conflict with this chapter, in accordance with the provisions of chapter 34.05 RCW, the state higher education administrative procedure act. Such rules ((and regulations)) shall include provisions designed to make employment under such work-study program reasonably available, to the extent of available funds, to all eligible students in eligible post-secondary institutions in need thereof. Such rules ((and regulations)) shall include:
(1) Providing work under the college work-study program which will not result in the displacement of employed workers or impair existing contracts for services.
(2) Furnishing work only to a student who:
(a) Is capable, in the opinion of the eligible institution, of maintaining good standing in such course of study while employed under the program covered by the agreement; and
(b) Has been accepted for enrollment as at least a half-time student at the eligible institution or, in the case of a student already enrolled in and attending the eligible institution, is in good standing and in at least half-time attendance there either as an undergraduate, graduate or professional student; and
(c) Is not pursuing a degree in theology.
(3) Placing priority on the securing of work opportunities for students who are residents of the state of Washington as defined in RCW 28B.15.011 through 28B.15.014.
(4) Provisions to assure that in the state institutions of higher education utilization of this student work-study program:
(a) Shall only supplement and not supplant classified positions under jurisdiction of chapter ((28B.16)) 41.06 RCW;
(b) That all positions established which are comparable shall be identified to a job classification under the ((higher education)) Washington personnel resources board's classification plan and shall receive equal compensation;
(c) Shall not take place in any manner that would replace classified positions reduced due to lack of funds or work; and
(d) That work study positions shall only be established at entry level positions of the classified service.
Sec. 15. RCW 34.05.030 and 1989 c 175 s 2 are each amended to read as follows:
(1) This chapter shall not apply to:
(a) The state militia, or
(b) The board of clemency and pardons, or
(c) The department of corrections or the indeterminate sentencing review board with respect to persons who are in their custody or are subject to the jurisdiction of those agencies.
(2) The provisions of RCW 34.05.410 through 34.05.598 shall not apply:
(a) To adjudicative proceedings of the board of industrial insurance appeals except as provided in RCW 7.68.110 and 51.48.131;
(b) Except for actions pursuant to chapter 46.29 RCW, to the denial, suspension, or revocation of a driver's license by the department of licensing;
(c) To the department of labor and industries where another statute expressly provides for review of adjudicative proceedings of a department action, order, decision, or award before the board of industrial insurance appeals;
(d) To actions of the ((state)) Washington personnel resources board, ((the higher education personnel board,)) the director of personnel, or the personnel appeals board; or
(e) To the extent they are inconsistent with any provisions of chapter 43.43 RCW.
(3) Unless a party makes an election for a formal hearing pursuant to RCW 82.03.140 or 82.03.190, RCW 34.05.410 through 34.05.598 do not apply to a review hearing conducted by the board of tax appeals.
(4) All other agencies, whether or not formerly specifically excluded from the provisions of all or any part of the Administrative Procedure Act, shall be subject to the entire act.
Sec. 16. RCW 34.12.020 and 1989 c 175 s 33 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Office" means the office of administrative hearings.
(2) "Administrative law judge" means any person appointed by the chief administrative law judge to conduct or preside over hearings as provided in this chapter.
(3) "Hearing" means an adjudicative proceeding within the meaning of RCW 34.05.010(1) conducted by a state agency under RCW 34.05.413 through 34.05.476.
(4) "State agency" means any state board, commission, department, or officer authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the pollution control hearings board, the shorelines hearings board, the forest practices appeals board, the environmental hearings office, the board of industrial insurance appeals, the ((state personnel board, the higher education)) Washington personnel resources board, the public employment relations commission, the personnel appeals board, and the board of tax appeals.
Sec. 17. RCW 41.04.340 and 1991 c 249 s 1 are each amended to read as follows:
(1) An attendance incentive program is established for all eligible employees. As used in this section the term "eligible employee" means any employee of the state, other than teaching and research faculty at the state and regional universities and The Evergreen State College, entitled to accumulate sick leave and for whom accurate sick leave records have been maintained. No employee may receive compensation under this section for any portion of sick leave accumulated at a rate in excess of one day per month. The state and regional universities and The Evergreen State College shall maintain complete and accurate sick leave records for all teaching and research faculty.
(2) In January of the year following any year in which a minimum of sixty days of sick leave is accrued, and each January thereafter, any eligible employee may receive remuneration for unused sick leave accumulated in the previous year at a rate equal to one day's monetary compensation of the employee for each four full days of accrued sick leave in excess of sixty days. Sick leave for which compensation has been received shall be deducted from accrued sick leave at the rate of four days for every one day's monetary compensation.
(3) At the time of separation from state service due to retirement or death, an eligible employee or the employee's estate may elect to receive remuneration at a rate equal to one day's current monetary compensation of the employee for each four full days of accrued sick leave.
(4) Pursuant to this subsection, in lieu of cash remuneration the state may, with equivalent funds, provide eligible employees with a benefit plan providing for reimbursement of medical expenses. The committee for deferred compensation shall develop any benefit plan established under this subsection, but may offer and administer the plan only if (a) each eligible employee has the option of whether to receive cash remuneration or to have his or her employer transfer equivalent funds to the plan; and (b) the committee has received an opinion from the United States internal revenue service stating that participating employees, prior to the time of receiving reimbursement for expenses, will incur no United States income tax liability on the amount of the equivalent funds transferred to the plan.
(5) Remuneration or benefits received under this section shall not be included for the purpose of computing a retirement allowance under any public retirement system in this state.
(6) With the exception of subsection (((3))) (4) of this section, this section shall be administered, and rules shall be ((promulgated)) adopted to carry out its purposes, by the ((state personnel board and the higher education)) Washington personnel resources board for persons subject to chapter((s)) 41.06 ((and 28B.16)) RCW((, respectively, and by their respective personnel authorities for other eligible employees)): PROVIDED, That determination of classes of eligible employees shall be subject to approval by the office of financial management.
(7) Should the legislature revoke any remuneration or benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right.
Sec. 18. RCW 41.04.670 and 1990 c 23 s 3 are each amended to read as follows:
The ((state personnel board, the higher education)) Washington personnel resources board((,)) and other personnel authorities shall each adopt rules applicable to employees under their respective jurisdictions: (1) Establishing appropriate parameters for the program which are consistent with the provisions of RCW 41.04.650 through 41.04.665; (2) providing for equivalent treatment of employees between their respective jurisdictions and allowing transfers of leave in accordance with RCW 41.04.665(5); (3) establishing procedures to ensure that the program does not significantly increase the cost of providing leave; and (4) providing for the administration of the program and providing for maintenance and collection of sufficient information on the program to allow a thorough legislative review.
Sec. 19. RCW 41.06.020 and 1985 c 461 s 1 and 1985 c 365 s 3 are each reenacted and amended to read as follows:
Unless the context clearly indicates otherwise, the words used in this chapter have the meaning given in this section.
(1) "Agency" means an office, department, board, commission, or other separate unit or division, however designated, of the state government and all personnel thereof; it includes any unit of state government established by law, the executive officer or members of which are either elected or appointed, upon which the statutes confer powers and impose duties in connection with operations of either a governmental or proprietary nature.
(2) "Board" means the ((state)) Washington personnel resources board established under the provisions of RCW 41.06.110, except that this definition does not apply to the words "board" or "boards" when used in RCW 41.06.070.
(3) "Classified service" means all positions in the state service subject to the provisions of this chapter.
(4) "Competitive service" means all positions in the classified service for which a competitive examination is required as a condition precedent to appointment.
(5) "Comparable worth" means the provision of similar salaries for positions that require or impose similar responsibilities, judgments, knowledge, skills, and working conditions.
(6) "Noncompetitive service" means all positions in the classified service for which a competitive examination is not required.
(7) "Department" means an agency of government that has as its governing officer a person, or combination of persons such as a commission, board, or council, by law empowered to operate the agency responsible either to (a) no other public officer or (b) the governor.
(8) "Career development" means the progressive development of employee capabilities to facilitate productivity, job satisfaction, and upward mobility through work assignments as well as education and training that are both state-sponsored and are achieved by individual employee efforts, all of which shall be consistent with the needs and obligations of the state and its agencies.
(9) "Training" means activities designed to develop job-related knowledge and skills of employees.
(10) "Director" means the director of personnel appointed under the provisions of RCW 41.06.130.
(11) "Affirmative action" means a procedure by which racial minorities, women, persons in the protected age category, persons with disabilities, Vietnam-era veterans, and disabled veterans are provided with increased employment opportunities. It shall not mean any sort of quota system.
(12) "Institutions of higher education" means the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, and the various state community colleges;
(13) "Related boards" means the state board for community and technical colleges; and such other boards, councils, and commissions related to higher education as may be established.
Sec. 20. RCW 41.06.030 and 1961 c 1 s 3 are each amended to read as follows:
A department of personnel, governed by ((a state)) the Washington personnel resources board and administered by a director of personnel, is hereby established as a separate agency within the state government.
Sec. 21. RCW 41.06.070 and 1990 c 60 s 101 are each amended to read as follows:
(1) The provisions of this chapter do not apply to:
(((1))) (a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, legislative budget committee, statute law committee, and any interim committee of the legislature;
(((2))) (b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;
(((3))) (c) Officers, academic personnel, and employees of ((state institutions of higher education, the state board for community)) technical colleges ((education, and the higher education personnel board));
(((4))) (d) The officers of the Washington state patrol;
(((5))) (e) Elective officers of the state;
(((6))) (f) The chief executive officer of each agency;
(((7))) (g) In the departments of employment security, fisheries, social and health services, the director and ((his)) the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;
(((8))) (h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:
(((a))) (i) All members of such boards, commissions, or committees;
(((b))) (ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: (((i))) The secretary of the board, commission, or committee; (((ii))) the chief executive officer of the board, commission, or committee; and (((iii))) the confidential secretary of the chief executive officer of the board, commission, or committee;
(((c))) (iii) If the members of the board, commission, or committee serve on a full-time basis: (((i))) The chief executive officer or administrative officer as designated by the board, commission, or committee; and (((ii))) a confidential secretary to the ((chairman)) chair of the board, commission, or committee;
(((d))) (iv) If all members of the board, commission, or committee serve ex officio: (((i))) The chief executive officer; and (((ii))) the confidential secretary of such chief executive officer;
(((9))) (i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;
(((10))) (j) Assistant attorneys general;
(((11))) (k) Commissioned and enlisted personnel in the military service of the state;
(((12))) (l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the ((state personnel)) board ((or the board having jurisdiction));
(((13))) (m) The public printer or to any employees of or positions in the state printing plant;
(((14))) (n) Officers and employees of the Washington state fruit commission;
(((15))) (o) Officers and employees of the Washington state apple advertising commission;
(((16))) (p) Officers and employees of the Washington state dairy products commission;
(((17))) (q) Officers and employees of the Washington tree fruit research commission;
(((18))) (r) Officers and employees of the Washington state beef commission;
(((19))) (s) Officers and employees of any commission formed under ((the provisions of chapter 191, Laws of 1955, and)) chapter 15.66 RCW;
(((20))) (t) Officers and employees of the state wheat commission formed under ((the provisions of chapter 87, Laws of 1961 ())chapter 15.63 RCW(()));
(((21))) (u) Officers and employees of agricultural commissions formed under ((the provisions of chapter 256, Laws of 1961 ())chapter 15.65 RCW(()));
(((22))) (v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;
(((23))) (w) Liquor vendors appointed by the Washington state liquor control board pursuant to RCW 66.08.050: PROVIDED, HOWEVER, That rules ((and regulations)) adopted by the ((state)) Washington personnel resources board pursuant to RCW 41.06.150 regarding the basis for, and procedures to be followed for, the dismissal, suspension, or demotion of an employee, and appeals therefrom shall be fully applicable to liquor vendors except those part time agency vendors employed by the liquor control board when, in addition to the sale of liquor for the state, they sell goods, wares, merchandise, or services as a self-sustaining private retail business;
(((24))) (x) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;
(((25))) (y) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;
(((26))) (z) All employees of the marine employees' commission;
(((27))) (aa) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection shall expire on June 30, 1997;
(((28))) (2) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:
(a) Members of the governing board of each institution of higher education and related boards, all presidents, vice-presidents and their confidential secretaries, administrative and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington;
(b) Student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board, employed by institutions of higher education and related boards;
(c) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training, and principal assistants to executive heads of major administrative or academic divisions, as determined by the board: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the board under this provision;
(d) Printing craft employees in the department of printing at the University of Washington;
(3) In addition to the exemptions specifically provided by this chapter, the ((state)) Washington personnel resources board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the Washington personnel resources board stating the reasons for requesting such exemptions. The Washington personnel resources board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the Washington personnel resources board shall grant the request and such determination shall be final as to any decision made before July 1, 1993. The total number of additional exemptions permitted under this subsection shall not exceed ((one hundred eighty-seven)) one percent of the number of employees in the classified service not including employees of institutions of higher education and related boards for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The ((state)) Washington personnel resources board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted under subsections (((24), (25), and (28))) (1) (x) and (y) and (2) of this section, together with the reasons for such exemptions.
The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsection((s (10))) (1) (j) through (((22))) (v) of this section, shall be determined by the ((state)) Washington personnel resources board.
Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.
Sec. 22. RCW 41.06.076 and 1980 c 73 s 1 are each amended to read as follows:
In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the department of social and health services to the secretary; the secretary's executive assistant, if any; not to exceed six assistant secretaries, thirteen division directors, six regional directors; one confidential secretary for each of the above-named officers; not to exceed six bureau chiefs; and all superintendents of institutions of which the average daily population equals or exceeds one hundred residents: PROVIDED, That each such confidential secretary must meet the minimum qualifications for the class of secretary II as determined by the ((state)) Washington personnel resources board.
Sec. 23. RCW 41.06.079 and 1985 c 178 s 1 are each amended to read as follows:
In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the department of transportation to the secretary, a deputy secretary, an administrative assistant to the secretary, if any, one assistant secretary for each division designated pursuant to RCW 47.01.081, one confidential secretary for each of the above-named officers, up to six transportation district administrators and one confidential secretary for each district administrator, up to six additional new administrators or confidential secretaries designated by the secretary of the department of transportation and approved by the ((state)) Washington personnel resources board pursuant to the provisions of RCW ((41.06.070(26))) 41.06.070(1)(z), the legislative liaison for the department, the state construction engineer, the state aid engineer, the personnel manager, the state project development engineer, the state maintenance and operations engineer, one confidential secretary for each of the last-named five positions, and a confidential secretary for the public affairs administrator. The individuals appointed under this section shall be exempt from the provisions of the state civil service law, and shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for individuals exempt from the operation of the state civil service law.
Sec. 24. RCW 41.06.093 and 1990 c 14 s 1 are each amended to read as follows:
In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the Washington state patrol to confidential secretaries of agency bureau chiefs, or their functional equivalent, and a confidential secretary for the chief of staff: PROVIDED, That each confidential secretary must meet the minimum qualifications for the class of secretary II as determined by the ((state)) Washington personnel resources board.
Sec. 25. RCW 41.06.110 and 1984 c 287 s 69 are each amended to read as follows:
(1) There is hereby created a ((state)) Washington personnel resources board composed of three members appointed by the governor, subject to confirmation by the senate. ((The first such board shall be appointed within thirty days after December 8, 1960, for terms of two, four, and six years.)) The members of the personnel board serving June 30, 1993, shall be the members of the Washington personnel resources board, and they shall complete their terms as under the personnel board. Each odd-numbered year thereafter the governor shall appoint a member for a six-year term. Each member shall continue to hold office after the expiration of the member's term until a successor has been appointed. Persons so appointed shall have clearly demonstrated an interest and belief in the merit principle, shall not hold any other employment with the state, shall not have been an officer of a political party for a period of one year immediately prior to such appointment, and shall not be or become a candidate for partisan elective public office during the term to which they are appointed;
(2) Each member of the board shall be compensated in accordance with RCW 43.03.250. The members of the board may receive any number of daily payments for official meetings of the board actually attended. Members of the board shall also be reimbursed for travel expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050 and 43.03.060.
(3) At its first meeting following the appointment of all of its members, and annually thereafter, the board shall elect a ((chairman)) chair and ((vice chairman)) vice-chair from among its members to serve one year. The presence of at least two members of the board shall constitute a quorum to transact business. A written public record shall be kept by the board of all actions of the board. The director ((of personnel)) shall serve as secretary.
(4) The board may appoint and compensate hearing officers to hear and conduct appeals until December 31, 1982. Such compensation shall be paid on a contractual basis for each hearing, in accordance with the provisions of chapter 43.88 RCW and rules adopted pursuant thereto, as they relate to personal service contracts.
Sec. 26. RCW 41.06.130 and 1982 1st ex.s. c 53 s 3 are each amended to read as follows:
The office of director of personnel is hereby established.
(1) ((Within ninety days after December 8, 1960, a director of personnel shall be appointed. The merit system director then serving under RCW 50.12.030, whose position is terminated by this chapter, may serve as director of personnel hereunder until a permanent director of personnel is appointed as herein provided, and may be appointed as director of personnel by the governor alone; or the governor may fill the position in the manner hereinafter provided for subsequent vacancies therein on the basis of competitive examination, in conformance with board rules for competitive examinations, for which examinations the merit system director is eligible.
(2))) The director of personnel shall be appointed by the governor ((from a list of three names submitted to him by the board with its recommendations. The names on such list shall be those of the three standing highest upon competitive examination conducted by a committee of three persons appointed by the board solely for that purpose whenever the position is vacant. Only persons with substantial experience in the field of personnel management are eligible to take such examination)). The governor shall consult with, but shall not be obligated by recommendations of the board. The director's appointment shall be subject to confirmation by the senate.
(((3))) (2) The director of personnel ((is removable for cause by)) shall serve at the pleasure of the governor ((with the approval of a majority of the board or by a majority of the board)).
(((4))) (3) The director of personnel shall direct and supervise all the department of personnel's administrative and technical activities in accordance with the provisions of this chapter and the rules ((and regulations approved and promulgated thereunder. He)) adopted under it. The director shall prepare for consideration by the board proposed rules ((and regulations)) required by this chapter. ((His)) The director's salary shall be fixed by the ((board)) governor.
(((5))) (4) The director of personnel may delegate to any agency the authority to perform administrative and technical personnel activities if the agency requests such authority and the director of personnel is satisfied that the agency has the personnel management capabilities to effectively perform the delegated activities. The director of personnel shall prescribe standards and guidelines for the performance of delegated activities. If the director of personnel determines that an agency is not performing delegated activities within the prescribed standards and guidelines, the director shall withdraw the authority from the agency to perform such activities.
Sec. 27. RCW 41.06.150 and 1990 c 60 s 103 are each amended to read as follows:
The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed for:
(1) The reduction, dismissal, suspension, or demotion of an employee;
(2) Certification of names for vacancies, including departmental promotions, with the number of names equal to ((four)) six more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;
(3) Examinations for all positions in the competitive and noncompetitive service;
(4) Appointments;
(5) Training and career development;
(6) Probationary periods of six to twelve months and rejections ((therein)) of probationary employees, depending on the job requirements of the class, except that entry level state park rangers shall serve a probationary period of twelve months;
(7) Transfers;
(8) Sick leaves and vacations;
(9) Hours of work;
(10) Layoffs when necessary and subsequent reemployment, both according to seniority;
(11) Determination of appropriate bargaining units within any agency: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;
(12) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;
(13) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;
(14) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;
(15) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position;
(16) Allocation and reallocation of positions within the classification plan;
(17) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;
(18) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service;
(19) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their ((widows)) surviving spouses by giving such eligible veterans and their ((widows)) surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the ((widow)) surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;
(20) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;
(21) Assuring persons who are or have been employed in classified positions under chapter 28B.16 RCW before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;
(22) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.
The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables.
Sec. 28. RCW 41.06.155 and 1983 1st ex.s. c 75 s 6 are each amended to read as follows:
Salary changes necessary to achieve comparable worth shall be implemented during the 1983-85 biennium under a schedule developed by the department ((in cooperation with the higher education personnel board)). Increases in salaries and compensation solely for the purpose of achieving comparable worth shall be made at least annually. Comparable worth for the jobs of all employees under this chapter shall be fully achieved not later than June 30, 1993.
Sec. 29. RCW 41.06.160 and 1985 c 94 s 2 are each amended to read as follows:
In preparing classification and salary schedules as set forth in RCW 41.06.150 as now or hereafter amended the department of personnel shall give full consideration to prevailing rates in other public employment and in private employment in this state. For this purpose the department shall undertake comprehensive salary and fringe benefit surveys ((to be planned and conducted on a joint basis with the higher education personnel board)), with such surveys to be conducted in the year prior to the convening of every other one hundred five day regular session of the state legislature. In the year prior to the convening of each one hundred five day regular session during which a comprehensive salary and fringe benefit survey is not conducted, the department shall plan and conduct ((on a joint basis with the higher education personnel board)) a trend salary and fringe benefit survey. This survey shall measure average salary and fringe benefit movement for broad occupational groups which has occurred since the last comprehensive salary and fringe benefit survey was conducted. The results of each comprehensive and trend salary and fringe benefit survey shall be completed and forwarded by September 30 with a recommended state salary schedule to the governor and director of financial management for their use in preparing budgets to be submitted to the succeeding legislature. A copy of the data and supporting documentation shall be furnished by the department of personnel to the standing committees for appropriations of the senate and house of representatives.
In the case of comprehensive salary and fringe benefit surveys, the department shall furnish the following supplementary data in support of its recommended salary schedule:
(1) A total dollar figure which reflects the recommended increase or decrease in state salaries as a direct result of the specific salary and fringe benefit survey that has been conducted and which is categorized to indicate what portion of the increase or decrease is represented by salary survey data and what portion is represented by fringe benefit survey data;
(2) An additional total dollar figure which reflects the impact of recommended increases or decreases to state salaries based on other factors rather than directly on prevailing rate data obtained through the survey process and which is categorized to indicate the sources of the requests for deviation from prevailing rates and the reasons for the changes;
(3) A list of class codes and titles indicating recommended monthly salary ranges for all state classes under the control of the department of personnel with((:
(a))) those salary ranges which do not substantially conform to the prevailing rates developed from the salary and fringe benefit survey distinctly marked and an explanation of the reason for the deviation included; ((and
(b) Those department of personnel classes which are substantially the same as classes being used by the higher education personnel board clearly marked to show the commonality of the classes between the two jurisdictions;))
(4) A supplemental salary schedule which indicates the additional salary to be paid state employees for hazardous duties or other considerations requiring extra compensation under specific circumstances. Additional compensation for these circumstances shall not be included in the basic salary schedule but shall be maintained as a separate pay schedule for purposes of full disclosure and visibility; and
(5) A supplemental salary schedule which indicates those cases where the board determines that prevailing rates do not provide similar salaries for positions that require or impose similar responsibilities, judgment, knowledge, skills, and working conditions. This supplementary salary schedule shall contain proposed salary adjustments necessary to eliminate any such dissimilarities in compensation. Additional compensation needed to eliminate such salary dissimilarities shall not be included in the basic salary schedule but shall be maintained as a separate salary schedule for purposes of full disclosure and visibility.
It is the intention of the legislature that requests for funds to support recommendations for salary deviations from the prevailing rate survey data shall be kept to a minimum, and that the requests be fully documented when forwarded by the department of personnel. ((Further, it is the intention of the legislature that the department of personnel and the higher education personnel board jointly determine job classes which are substantially common to both jurisdictions and that basic salaries for these job classes shall be equal based on salary and fringe benefit survey findings.))
Salary and fringe benefit survey information collected from private employers which identifies a specific employer with the salary and fringe benefit rates which that employer pays to its employees shall not be subject to public disclosure under chapter 42.17 RCW.
The first comprehensive salary and fringe benefit survey required by this section shall be completed and forwarded to the governor and the director of financial management by September 30, 1986. The first trend salary and fringe benefit survey required by this section shall be completed and forwarded to the governor and the director of financial management by September 30, 1988.
Sec. 30. RCW 41.06.163 and 1987 c 185 s 9 are each amended to read as follows:
(1) In the conduct of salary and fringe benefit surveys under RCW 41.06.160 as now or hereafter amended, it is the intention of the legislature that the surveys be undertaken in a manner consistent with statistically accurate sampling techniques. For this purpose, a comprehensive salary and fringe benefit survey plan shall be submitted to the director of financial management, employee organizations, and the standing committees for appropriations of the senate and house of representatives six months before the beginning of each periodic survey required before regular legislative sessions. This comprehensive plan shall include but not be limited to the following:
(a) A complete explanation of the technical, statistical process to be used in the salary and fringe benefit survey including the percentage of accuracy expected from the planned statistical sample chosen for the survey and a definition of the term "prevailing rates" which is to be used in the planned survey;
(b) A comprehensive salary and fringe benefit survey model based on scientific statistical principles which:
(i) Encompasses the interrelationships among the various elements of the survey sample including sources of salary and fringe benefit data by organization type, size, and regional location;
(ii) Is representative of private and public employment in this state;
(iii) Ensures that, wherever practical, data from smaller, private firms are included and proportionally weighted in the survey sample; and
(iv) Indicates the methodology to be used in application of survey data to job classes used by state government;
(c) A prediction of the increase or decrease in total funding requirements expected to result from the pending salary and fringe benefit survey based on consumer price index information and other available trend data pertaining to Washington state salaries and fringe benefits.
(2) Every comprehensive survey plan shall fully consider fringe benefits as an element of compensation in addition to basic salary data. ((The plans prepared under this section shall be developed jointly by the department of personnel in conjunction with the higher education personnel board established under chapter 28B.16 RCW. All comprehensive salary and fringe benefit survey plans shall be submitted on a joint signature basis by the department of personnel and the higher education personnel board.))
(3) Interim or special surveys conducted under RCW 41.06.160 as now or hereafter amended shall conform when possible to the statistical techniques and principles developed for regular periodic surveys under this section.
(4) The term "fringe benefits" as used in this section and in conjunction with salary surveys shall include but not be limited to compensation for:
(a) Leave time, including vacation, holiday, civil, and personal leave;
(b) Employer retirement contributions;
(c) Health and insurance payments, including life, accident, and health insurance, workers' compensation, and sick leave; and
(d) Stock options, bonuses, and purchase discounts where appropriate.
Sec. 31. RCW 41.06.170 and 1981 c 311 s 19 are each amended to read as follows:
(1) The board or director, in the ((promulgation)) adoption of rules ((and regulations)) governing suspensions for cause, shall not authorize an appointing authority to suspend an employee for more than fifteen calendar days as a single penalty or more than thirty calendar days in any one calendar year as an accumulation of several penalties. The board or director shall require that the appointing authority give written notice to the employee not later than one day after the suspension takes effect, stating the reasons for and the duration thereof. ((The authority shall file a copy of the notice with the director of personnel.))
(2) Any employee who is reduced, dismissed, suspended, or demoted, after completing his or her probationary period of service as provided by the rules ((and regulations)) of the board, or any employee who is adversely affected by a violation of the state civil service law, chapter 41.06 RCW((, as now or hereafter amended)), or rules ((promulgated pursuant thereto)) adopted under it, shall have the right to appeal to the personnel appeals board created by RCW 41.64.010 not later than thirty days after the effective date of such action. The employee shall be furnished with specified charges in writing when a reduction, dismissal, suspension, or demotion action is taken. Such appeal shall be in writing.
(3) Any employee whose position has been exempted after July 1, 1993, shall have the right to appeal to the personnel appeals board created by RCW 41.64.010 not later than thirty days after the effective date of such action.
(4) An employee incumbent in a position at the time of its allocation or reallocation, or the agency utilizing the position, may appeal the allocation or reallocation to the personnel appeals board created by RCW 41.64.010. Notice of such appeal must be filed in writing within thirty days of the action from which appeal is taken.
Sec. 32. RCW 41.06.186 and 1985 c 461 s 5 are each amended to read as follows:
The Washington personnel resources board shall adopt rules designed to terminate the state employment of any employee whose performance is so inadequate as to warrant termination.
Sec. 33. RCW 41.06.196 and 1985 c 461 s 6 are each amended to read as follows:
The Washington personnel resources board shall adopt rules designed to remove from supervisory positions those supervisors who in violation of the rules adopted under RCW 41.06.186 have tolerated the continued employment of employees under their supervision whose performance has warranted termination from state employment.
Sec. 34. RCW 41.06.280 and 1987 c 248 s 4 are each amended to read as follows:
There is hereby created a fund within the state treasury, designated as the "department of personnel service fund," to be used by the board as a revolving fund for the payment of salaries, wages, and operations required for the administration of the provisions of this chapter, applicable provisions of chapter 41.04 RCW, and chapter 41.60 RCW. An amount not to exceed one and one-half percent of the approved allotments of salaries and wages for all positions in the classified service in each of the agencies subject to this chapter((, except the institutions of higher learning,)) shall be charged to the operations appropriations of each agency and credited to the department of personnel service fund as the allotments are approved pursuant to chapter 43.88 RCW. Subject to the above limitations, the amount shall be charged against the allotments pro rata, at a rate to be fixed by the director from time to time which, together with income derived from services rendered under RCW 41.06.080, will provide the department with funds to meet its anticipated expenditures during the allotment period, including the training requirements in sections 9 and 12 of this act.
The director of personnel shall fix the terms and charges for services rendered by the department of personnel pursuant to RCW 41.06.080, which amounts shall be credited to the department of personnel service fund and charged against the proper fund or appropriation of the recipient of such services on a quarterly basis. Payment for services so rendered under RCW 41.06.080 shall be made on a quarterly basis to the state treasurer and deposited by him in the department of personnel service fund.
Moneys from the department of personnel service fund shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the board.
Sec. 35. RCW 41.06.340 and 1969 ex.s. c 215 s 13 are each amended to read as follows:
Each and every provision of RCW 41.56.140 through 41.56.190 shall be applicable to this chapter as it relates to state civil service employees and the ((state)) Washington personnel resources board, or its designee, whose final decision shall be appealable to the ((state)) Washington personnel resources board, which is granted all powers and authority granted to the department of labor and industries by RCW 41.56.140 through 41.56.190.
Sec. 36. RCW 41.06.350 and 1969 ex.s. c 152 s 1 are each amended to read as follows:
The ((state)) Washington personnel resources board is authorized to receive federal funds now available or hereafter made available for the assistance and improvement of public personnel administration, which may be expended in addition to the department of personnel service fund established by RCW 41.06.280.
Sec. 37. RCW 41.06.450 and 1982 c 208 s 10 are each amended to read as follows:
(1) By January 1, 1983, the Washington personnel resources board shall adopt rules applicable to each agency to ensure that information relating to employee misconduct or alleged misconduct is destroyed or maintained as follows:
(a) All such information determined to be false and all such information in situations where the employee has been fully exonerated of wrongdoing, shall be promptly destroyed;
(b) All such information having no reasonable bearing on the employee's job performance or on the efficient and effective management of the agency, shall be promptly destroyed;
(c) All other information shall be retained only so long as it has a reasonable bearing on the employee's job performance or on the efficient and effective management of the agency.
(2) Notwithstanding subsection (1) of this section, an agency may retain information relating to employee misconduct or alleged misconduct if:
(a) The employee requests that the information be retained; or
(b) The information is related to pending legal action or legal action may be reasonably expected to result.
(3) In adopting rules under this section, the Washington personnel resources board shall consult with the public disclosure commission to ensure that the public policy of the state, as expressed in chapter 42.17 RCW, is adequately protected.
Sec. 38. RCW 41.06.475 and 1986 c 269 s 2 are each amended to read as follows:
The ((state)) Washington personnel resources board shall adopt rules, in cooperation with the secretary of social and health services, for the background investigation of persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of children or developmentally disabled persons.
Sec. 39. RCW 41.48.140 and 1979 c 152 s 3 are each amended to read as follows:
Nothing in RCW 41.48.120 or 41.48.130 shall affect the power of the ((state)) Washington personnel resources board((, the higher education personnel board,)) or any other state personnel authority to establish sick leave ((regulations)) rules except as may be required under RCW 41.48.120 or 41.48.130: PROVIDED, That each personnel board and personnel authority shall establish the maximum number of working days an employee under its jurisdiction may be absent on account of sickness or accident disability without a medical certificate.
"Personnel authority" as used in this section, means a state agency, board, committee, or similar body having general authority to establish personnel ((regulations)) rules.
Sec. 40. RCW 41.50.804 and 1975-'76 2nd ex.s. c 105 s 17 are each amended to read as follows:
Nothing contained in this chapter shall be construed to alter any existing collective bargaining agreement until any such agreement has expired or until any such bargaining unit has been modified by action of the Washington personnel resources board as provided by law.
Sec. 41. RCW 41.64.090 and 1981 c 311 s 10 are each amended to read as follows:
(1) The board shall have jurisdiction to decide appeals filed on or after July 1, 1981, of employees under the jurisdiction of the ((state)) Washington personnel resources board pursuant to RCW 41.06.170, as now or hereafter amended.
(2) The board shall have jurisdiction to decide appeals filed on or after July 1, 1993, of employees of institutions of higher education and related boards under the jurisdiction of the Washington personnel resources board pursuant to RCW 41.06.170. An appeal under this subsection by an employee of an institution of higher education or a related board shall be held in the county in which the institution is located or the county in which the person was employed when the appeal was filed.
Sec. 42. RCW 42.16.010 and 1983 1st ex.s. c 28 s 1 are each amended to read as follows:
(1) Except as provided otherwise in subsection (2) of this section, all state officers and employees shall be paid for services rendered from the first day of the month through the fifteenth day of the month and for services rendered from the sixteenth day of the month through the last calendar day of the month. Paydates for these two pay periods shall be established by the director of financial management through the administrative hearing process and the official paydates shall be established six months prior to the beginning of each subsequent calendar year. Under no circumstance shall the paydate be established more than ten days after the pay period in which the wages are earned except when the designated paydate falls on Sunday, in which case the paydate shall not be later than the following Monday. Payment shall be deemed to have been made by the established paydates if: (a) The salary warrant is available at the geographic work location at which the warrant is normally available to the employee; or (b) the salary has been electronically transferred into the employee's account at the employee's designated financial institution; or (c) the salary warrants are mailed at least two days before the established paydate for those employees engaged in work in remote or varying locations from the geographic location at which the payroll is prepared, provided that the employee has requested payment by mail.
The office of financial management shall develop the necessary policies and operating procedures to assure that all remuneration for services rendered including basic salary, shift differential, standby pay, overtime, penalty pay, salary due based on contractual agreements, and special pay provisions, as provided for by law, Washington personnel resources board rules, agency policy or rule, or contract, shall be available to the employee on the designated paydate. Overtime, penalty pay, and special pay provisions may be paid by the next following paydate if the postponement of payment is attributable to: The employee's not making a timely or accurate report of the facts which are the basis for the payment, or the employer's lack of reasonable opportunity to verify the claim.
Compensable benefits payable because of separation from state service shall be paid with the earnings for the final period worked unless the employee separating has not provided the agency with the proper notification of intent to terminate.
One-half of the employee's basic monthly salary shall be paid in each pay period. Employees paid on an hourly basis or employees who work less than a full pay period shall be paid for actual salary earned.
(2) Subsection (1) of this section shall not apply in instances where it would conflict with contractual rights or, with the approval of the office of financial management, to short-term, intermittent, noncareer state employees, to student employees of institutions of higher education, and to liquor control agency managers who are paid a percentage of monthly liquor sales.
Sec. 43. RCW 42.17.2401 and 1991 c 200 s 404 are each amended to read as follows:
For the purposes of RCW 42.17.240, the term "executive state officer" includes:
(1) The chief administrative law judge, the director of agriculture, the administrator of the office of marine safety, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of community development, the secretary of corrections, the director of ecology, the commissioner of employment security, the chairman of the energy facility site evaluation council, the director of the energy office, the secretary of the state finance committee, the director of financial management, the director of fisheries, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, ((the director of the higher education personnel board,)) the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, the director of trade and economic development, the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the director of wildlife, the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community and technical colleges ((education)), state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, higher education coordinating board, higher education facilities authority, ((higher education personnel board,)) horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation, state investment board, liquor control board, lottery commission, marine oversight board, oil and gas conservation committee, Pacific Northwest electric power and conservation planning council, parks and recreation commission, personnel appeals board, ((personnel board,)) board of pilotage (([commissioners])) commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, state employees' benefits board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington personnel resources board, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and wildlife commission.
Sec. 44. RCW 43.01.170 and 1992 c 234 s 11 are each amended to read as follows:
In order to ensure that the state derives the expected benefits from the early retirement provisions of chapter 234, Laws of 1992, no state agency may hire persons who retire from state service under the provisions of chapter 234, Laws of 1992 as temporary or project employees, as defined by the ((state)) Washington personnel resources board for employees covered under chapter 41.06 RCW ((and by the higher education personnel board for employees covered under chapter 28B.16 RCW)). Exceptions to this section may be granted by written approval from the director of the office of financial management if the director finds that the temporary or project employment of a retiree is necessary to protect the public safety, protect against the loss of federal certification or loss of critical federal funds, or carry out functions so essential to the agency that even temporary suspension or delay of services would have a significant negative impact on the public. At the end of each three-month period in which exceptions are approved, the director shall forward a copy of any approvals, together with justification for the exceptions, to the fiscal committees of the legislature. Each forwarded approval shall include the name of the temporary or project employee, the agency and division or department requesting the employment, duration and cost of the proposed employment, and specific functions and duties to be carried out during the employment. This section shall expire June 30, 1995.
Sec. 45. RCW 43.03.028 and 1991 c 3 s 294 are each amended to read as follows:
(1) There is hereby created a state committee on agency officials' salaries to consist of seven members, or their designees, as follows: The president of the University of Puget Sound; the chairperson of the council of presidents of the state's four-year institutions of higher education; the chairperson of the ((State)) Washington personnel resources board; the president of the Association of Washington Business; the president of the Pacific Northwest Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council. If any of the titles or positions mentioned in this subsection are changed or abolished, any person occupying an equivalent or like position shall be qualified for appointment by the governor to membership upon the committee.
(2) The committee shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:
The arts commission; the human rights commission; the board of accountancy; the board of pharmacy; the capitol historical association and museum; the eastern Washington historical society; the Washington state historical society; the interagency committee for outdoor recreation; the criminal justice training commission; the department of personnel; the state finance committee; the state library; the traffic safety commission; the horse racing commission; the advisory council on vocational education; the public disclosure commission; the state conservation commission; the commission on Hispanic affairs; the commission on Asian-American affairs; the state board for volunteer fire fighters; the transportation improvement board; the public ((employees)) employment relations commission; the forest practices appeals board; and the energy facilities site evaluation council.
The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.
(3) Committee members shall be reimbursed by the department of personnel for travel expenses under RCW 43.03.050 and 43.03.060.
Sec. 46. RCW 43.03.305 and 1986 c 155 s 2 are each amended to read as follows:
There is created a commission to be known as the Washington citizens' commission on salaries for elected officials, to consist of fifteen members appointed by the governor as provided in this section.
(1) Eight of the fifteen commission members shall be selected by lot by the secretary of state from among those registered voters eligible to vote at the general election held in November, 1986, and thereafter from among those registered voters eligible to vote at the time of the selection. One member shall be selected from each congressional district. The secretary shall establish policies and procedures for conducting the selection by lot. The policies and procedures shall include, but not be limited to, those for notifying persons selected and for providing a new selection from a congressional district if a person selected from the district declines appointment to the commission.
(2) The remaining seven of the fifteen commission members, all residents of this state, shall be selected jointly by the speaker of the house of representatives and the president of the senate. The persons selected under this subsection shall have had experience in the field of personnel management. Of these seven members, one shall be selected from each of the following five sectors in this state: Private institutions of higher education; business; professional personnel management; legal profession; and organized labor. Of the two remaining members, one shall be a person recommended to the speaker and the president by the ((chairperson)) chair of the ((state)) Washington personnel resources board and one shall be a person recommended by majority vote of the presidents of the state's four-year institutions of higher education.
(3) The secretary of state shall forward the names of persons selected under subsection (1) of this section and the speaker of the house of representatives and president of the senate shall forward the names of persons selected under subsection (2) of this section to the governor who shall appoint these persons to the commission. Except as provided in subsection (6) of this section, the names of persons selected for appointment to the commission shall be forwarded to the governor not later than February 15, 1987, and not later than the fifteenth day of February every four years thereafter.
(4) Members shall hold office for terms of four years, and no person may be appointed to more than two such terms. No member of the commission may be removed by the governor during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence.
(5) No state official, public employee, or lobbyist, or immediate family member of the official, employee, or lobbyist, subject to the registration requirements of chapter 42.17 RCW is eligible for membership on the commission.
As used in this subsection the phrase "immediate family" means the parents, spouse, siblings, children, or dependent relative of the official, employee, or lobbyist whether or not living in the household of the official, employee, or lobbyist.
(6) Upon a vacancy in any position on the commission, a successor shall be selected and appointed to fill the unexpired term. The selection and appointment shall be concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as originally provided.
Sec. 47. RCW 43.06.410 and 1985 c 442 s 1 are each amended to read as follows:
There is established within the office of the governor the Washington state internship program to assist students and state employees in gaining valuable experience and knowledge in various areas of state government. In administering the program, the governor shall:
(1) Consult with the secretary of state, the director of personnel, ((the director of the higher education personnel board,)) the commissioner of the employment security department, and representatives of labor;
(2) Encourage and assist agencies in developing intern positions;
(3) Develop and coordinate a selection process for placing individuals in intern positions. This selection process shall give due regard to the responsibilities of the state to provide equal employment opportunities;
(4) Develop and coordinate a training component of the internship program which balances the need for training and exposure to new ideas with the intern's and agency's need for on-the-job work experience;
(5) Work with institutions of higher education in developing the program, soliciting qualified applicants, and selecting participants; and
(6) Develop guidelines for compensation of the participants.
Sec. 48. RCW 43.06.425 and 1985 c 442 s 4 are each amended to read as follows:
The ((state)) Washington personnel resources board ((and the higher education personnel board)) shall ((each)) adopt rules to provide that:
(1) Successful completion of an internship under RCW 43.06.420 shall be considered as employment experience at the level at which the intern was placed;
(2) Persons leaving classified or exempt positions in state government in order to take an internship under RCW 43.06.420: (a) Have the right of reversion to the previous position at any time during the internship or upon completion of the internship; and (b) shall continue to receive all fringe benefits as if they had never left their classified or exempt positions;
(3) Participants in the undergraduate internship program who were not public employees prior to accepting a position in the program receive sick leave allowances commensurate with other state employees;
(4) Participants in the executive fellows program who were not public employees prior to accepting a position in the program receive sick and vacation leave allowances commensurate with other state employees.
Sec. 49. RCW 43.06.430 and 1985 c 442 s 5 are each amended to read as follows:
The ((state)) Washington personnel resources board shall adopt rules to provide that persons successfully completing an internship under the executive fellows program created under RCW 43.06.420 are eligible for positions in the career executive program under RCW 41.06.430.
Sec. 50. RCW 43.33A.100 and 1981 c 219 s 3 are each amended to read as follows:
The state investment board shall maintain appropriate offices and employ such personnel as may be necessary to perform its duties. Employment by the investment board shall include but not be limited to an executive director, investment officers, and a confidential secretary, which positions are exempt from classified service under chapter 41.06 RCW. Employment of the executive director by the board shall be for a term of three years, and such employment shall be subject to confirmation of the state finance committee: PROVIDED, That nothing shall prevent the board from dismissing the director for cause before the expiration of the term nor shall anything prohibit the board, with the confirmation of the state finance committee, from employing the same individual as director in succeeding terms. Compensation levels for the investment officers employed by the investment board shall be established by the ((state)) Washington personnel resources board.
As of July 1, 1981, all employees classified under chapter 41.06 RCW and engaged in duties assumed by the state investment board on July 1, 1981, are assigned to the state investment board. The transfer shall not diminish any rights granted these employees under chapter 41.06 RCW nor exempt the employees from any action which may occur thereafter in accordance with chapter 41.06 RCW.
All existing contracts and obligations pertaining to the functions transferred to the state investment board in this 1980 act shall remain in full force and effect, and shall be performed by the board. None of the transfers directed by this 1980 act shall affect the validity of any act performed by a state entity or by any official or employee thereof prior to July 1, 1981.
Sec. 51. RCW 43.43.832 and 1990 c 3 s 1102 are each amended to read as follows:
(1) The legislature finds that businesses and organizations providing services to children, developmentally disabled persons, and vulnerable adults need adequate information to determine which employees or licensees to hire or engage. Therefore, the Washington state patrol criminal identification system may disclose, upon the request of a business or organization as defined in RCW 43.43.830, an applicant's record for convictions of offenses against children or other persons, convictions for crimes relating to financial exploitation, but only if the victim was a vulnerable adult, adjudications of child abuse in a civil action, the issuance of a protection order against the respondent under chapter 74.34 RCW, and disciplinary board final decisions and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary board final decision. When necessary, applicants may be employed on a conditional basis pending completion of such a background investigation.
(2) The legislature also finds that the state board of education may request of the Washington state patrol criminal identification system information regarding a certificate applicant's record for convictions under subsection (1) of this section.
(3) The legislature also finds that law enforcement agencies, the office of the attorney general, prosecuting authorities, and the department of social and health services may request this same information to aid in the investigation and prosecution of child, developmentally disabled person, and vulnerable adult abuse cases and to protect children and adults from further incidents of abuse.
(4) The legislature further finds that the department of social and health services, when considering persons for state positions directly responsible for the care, supervision, or treatment of children, developmentally disabled persons, or vulnerable adults or when licensing or authorizing such persons or agencies pursuant to its authority under chapter 74.15, 18.51, 18.20, or 72.23 RCW, or any later-enacted statute which purpose is to license or regulate a facility which handles vulnerable adults, must consider the information listed in subsection (1) of this section. However, when necessary, persons may be employed on a conditional basis pending completion of the background investigation. The ((state)) Washington personnel resources board shall adopt rules to accomplish the purposes of this subsection as it applies to state employees.
Sec. 52. RCW 43.60A.906 and 1975-'76 2nd ex.s. c 115 s 16 are each amended to read as follows:
Nothing contained in this chapter shall be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until any such agreement has expired or until any such bargaining unit has been modified by action of the Washington personnel resources board as provided by law.
Sec. 53. RCW 43.105.052 and 1992 c 20 s 10 are each amended to read as follows:
The department shall:
(1) Perform all duties and responsibilities the board delegates to the department, including but not limited to:
(a) The review of agency acquisition plans and requests; and
(b) Implementation of state-wide and interagency policies, standards, and guidelines;
(2) Make available information services to state agencies and local governments on a full cost-recovery basis. These services may include, but are not limited to:
(a) Telecommunications services for voice, data, and video;
(b) Mainframe computing services;
(c) Support for departmental and microcomputer evaluation, installation, and use;
(d) Equipment acquisition assistance, including leasing, brokering, and establishing master contracts;
(e) Facilities management services for information technology equipment, equipment repair, and maintenance service;
(f) Negotiation with local cable companies and local governments to provide for connection to local cable services to allow for access to these public and educational channels in the state;
(g) Office automation services;
(h) System development services; and
(i) Training.
These services are for discretionary use by customers and customers may elect other alternatives for service if those alternatives are more cost-effective or provide better service. Agencies may be required to use the backbone network portions of the telecommunications services during an initial start-up period not to exceed three years;
(3) Establish rates and fees for services provided by the department to assure that the services component of the department is self-supporting. A billing rate plan shall be developed for a two-year period to coincide with the budgeting process. The rate plan shall be subject to review at least annually by the customer oversight committees. The rate plan shall show the proposed rates by each cost center and will show the components of the rate structure as mutually determined by the department and the customer oversight committees. The same rate structure will apply to all user agencies of each cost center. The rate plan and any adjustments to rates shall be approved by the office of financial management. The services component shall not subsidize the operations of the planning component;
(4) With the advice of the information services board and agencies, develop a state strategic information technology plan and performance reports as required under RCW 43.105.160;
(5) Develop plans for the department's achievement of state-wide goals and objectives set forth in the state strategic information technology plan required under RCW 43.105.160. These plans shall address such services as telecommunications, central and distributed computing, local area networks, office automation, and end user computing. The department shall seek the advice of customer oversight committees and the board in the development of these plans;
(6) Under direction of the information services board and in collaboration with the department of personnel, ((the higher education personnel board,)) and other agencies as may be appropriate, develop training plans and coordinate training programs that are responsive to the needs of agencies;
(7) Identify opportunities for the effective use of information services and coordinate appropriate responses to those opportunities;
(8) Assess agencies' projects, acquisitions, plans, or overall information processing performance as requested by the board, agencies, the director of financial management, or the legislature. Agencies may be required to reimburse the department for agency-requested reviews;
(9) Develop planning, budgeting, and expenditure reporting requirements, in conjunction with the office of financial management, for agencies to follow;
(10) Assist the office of financial management with budgetary and policy review of agency plans for information services;
(11) Provide staff support from the planning component to the board for:
(a) Meeting preparation, notices, and minutes;
(b) Promulgation of policies, standards, and guidelines adopted by the board;
(c) Supervision of studies and reports requested by the board;
(d) Conducting reviews and assessments as directed by the board;
(12) Be the lead agency in coordinating video telecommunications services for all state agencies and develop, pursuant to board policies, standards and common specifications for leased and purchased telecommunications equipment. The department shall not evaluate the merits of school curriculum, higher education course offerings, or other education and training programs proposed for transmission and/or reception using video telecommunications resources. Nothing in this section shall abrogate or abridge the legal responsibilities of licensees of telecommunications facilities as licensed by the federal communication commission on March 27, 1990; and
(13) Perform all other matters and things necessary to carry out the purposes and provisions of this chapter.
Sec. 54. RCW 43.131.090 and 1983 1st ex.s. c 27 s 4 are each amended to read as follows:
Unless the legislature specifies a shorter period of time, a terminated state agency shall continue in existence until June 30th of the next succeeding year for the purpose of concluding its affairs: PROVIDED, That the powers and authority of the state agency shall not be reduced or otherwise limited during this period. Unless otherwise provided:
(1) All employees of terminated state agencies classified under chapter 41.06 RCW, the state civil service law, shall be transferred as appropriate or as otherwise provided in the procedures adopted by the Washington personnel resources board pursuant to RCW 41.06.150;
(2) All documents and papers, equipment, or other tangible property in the possession of the terminated state agency shall be delivered to the custody of the agency assuming the responsibilities of the terminated agency or if such responsibilities have been eliminated, documents and papers shall be delivered to the state archivist and equipment or other tangible property to the department of general administration;
(3) All funds held by, or other moneys due to, the terminated state agency shall revert to the fund from which they were appropriated, or if that fund is abolished to the general fund;
(4) Notwithstanding the provisions of RCW 34.05.020, all rules made by a terminated state agency shall be repealed, without further action by the state agency, at the end of the period provided in this section, unless assumed and reaffirmed by the agency assuming the related legal responsibilities of the terminated state agency;
(5) All contractual rights and duties of a state agency shall be assigned or delegated to the agency assuming the responsibilities of the terminated state agency, or if there is none to such agency as the governor shall direct.
Sec. 55. RCW 48.03.060 and 1981 c 339 s 2 are each amended to read as follows:
(1) Examinations within this state of any insurer domiciled or having its home offices in this state, other than a title insurer, made by the commissioner or ((his)) the commissioner's examiners and employees shall, except as to fees, mileage, and expense incurred as to witnesses, be at the expense of the state.
(2) Every other examination, whatsoever, or any part of the examination of any person domiciled or having its home offices in this state requiring travel and services outside this state, shall be made by the commissioner or by examiners designated by him and shall be at the expense of the person examined; but a domestic insurer shall not be liable for the compensation of examiners employed by the commissioner for such services outside this state.
(3) The person examined and liable therefor shall reimburse the state upon presentation of an itemized statement thereof, for the actual travel expenses of the commissioner's examiners, their reasonable living expense allowance, and their per diem compensation, including salary and the employer's cost of employee benefits, at a reasonable rate approved by the commissioner, incurred on account of the examination. Per diem salary and expenses for employees examining insurers domiciled outside the state of Washington shall be established by the commissioner on the basis of the National Association of Insurance Commissioner's recommended salary and expense schedule for zone examiners, or the salary schedule established by the ((state)) Washington personnel resources board and the expense schedule established by the office of financial management, whichever is higher. Domestic title insurer shall pay the examination expense and costs to the commissioner as itemized and billed by ((him)) the commissioner.
The commissioner or ((his)) the commissioner's examiners shall not receive or accept any additional emolument on account of any examination.
Sec. 56. RCW 49.46.010 and 1989 c 1 s 1 are each amended to read as follows:
As used in this chapter:
(1) "Director" means the director of labor and industries;
(2) "Wage" means compensation due to an employee by reason of employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by ((regulations)) rules of the director;
(3) "Employ" includes to permit to work;
(4) "Employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee;
(5) "Employee" includes any individual employed by an employer but shall not include:
(a) Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis in an operation which has been, and is generally and customarily recognized as having been, paid on a piece rate basis in the region of employment; (ii) who commutes daily from his or her permanent residence to the farm on which he or she is employed; and (iii) who has been employed in agriculture less than thirteen weeks during the preceding calendar year;
(b) Any individual employed in casual labor in or about a private home, unless performed in the course of the employer's trade, business, or profession;
(c) Any individual employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesman as those terms are defined and delimited by ((regulations)) rules of the director. However, those terms shall be defined and delimited by the ((state)) Washington personnel resources board pursuant to chapter 41.06 RCW ((and the higher education personnel board pursuant to chapter 28B.16 RCW for employees employed under their respective jurisdictions));
(d) Any individual engaged in the activities of an educational, charitable, religious, state or local governmental body or agency, or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to such organizations gratuitously. If the individual receives reimbursement in lieu of compensation for normally incurred out-of-pocket expenses or receives a nominal amount of compensation per unit of voluntary service rendered, an employer-employee relationship is deemed not to exist for the purpose of this section or for purposes of membership or qualification in any state, local government or publicly supported retirement system other than that provided under chapter 41.24 RCW;
(e) Any individual employed full time by any state or local governmental body or agency who provides voluntary services but only with regard to the provision of the voluntary services. The voluntary services and any compensation therefor shall not affect or add to qualification, entitlement or benefit rights under any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;
(f) Any newspaper vendor or carrier;
(g) Any carrier subject to regulation by Part 1 of the Interstate Commerce Act;
(h) Any individual engaged in forest protection and fire prevention activities;
(i) Any individual employed by any charitable institution charged with child care responsibilities engaged primarily in the development of character or citizenship or promoting health or physical fitness or providing or sponsoring recreational opportunities or facilities for young people or members of the armed forces of the United States;
(j) Any individual whose duties require that he or she reside or sleep at the place of his or her employment or who otherwise spends a substantial portion of his or her work time subject to call, and not engaged in the performance of active duties;
(k) Any resident, inmate, or patient of a state, county, or municipal correctional, detention, treatment or rehabilitative institution;
(l) Any individual who holds a public elective or appointive office of the state, any county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof, or any employee of the state legislature;
(m) All vessel operating crews of the Washington state ferries operated by the department of transportation;
(n) Any individual employed as a seaman on a vessel other than an American vessel.
(6) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed.
Sec. 57. RCW 49.74.020 and 1985 c 365 s 9 are each amended to read as follows:
If the commission reasonably believes that a state agency, an institution of higher education, or the state patrol has failed to comply with an affirmative action rule adopted under RCW ((28B.16.100,)) 41.06.150((,)) or 43.43.340, the commission shall notify the director of the state agency, president of the institution of higher education, or chief of the Washington state patrol of the noncompliance, as well as the director of personnel ((or the director of the higher education personnel board, whichever is appropriate)). The commission shall give the director of the state agency, president of the institution of higher education, or chief of the Washington state patrol an opportunity to be heard on the failure to comply.
Sec. 58. RCW 49.74.030 and 1985 c 365 s 10 are each amended to read as follows:
The commission in conjunction with the department of personnel((, the higher education personnel board,)) or the state patrol, whichever is appropriate, shall attempt to resolve the noncompliance through conciliation. If an agreement is reached for the elimination of noncompliance, the agreement shall be reduced to writing and an order shall be issued by the commission setting forth the terms of the agreement. The noncomplying state agency, institution of higher education, or state patrol shall make a good faith effort to conciliate and make a full commitment to correct the noncompliance with any action that may be necessary to achieve compliance, provided such action is not inconsistent with the rules adopted under RCW ((28B.16.100(20),)) 41.06.150(21)((,)) and 43.43.340(5), whichever is appropriate.
Sec. 59. RCW 50.13.060 and 1981 c 177 s 1 are each amended to read as follows:
(1) Governmental agencies, including law enforcement agencies, prosecuting agencies, and the executive branch, whether state, local, or federal shall have access to information or records deemed private and confidential under this chapter if the information or records are needed by the agency for official purposes and:
(a) The agency submits an application in writing to the employment security department for the records or information containing a statement of the official purposes for which the information or records are needed and specific identification of the records or information sought from the department; and
(b) The director, commissioner, chief executive, or other official of the agency has verified the need for the specific information in writing either on the application or on a separate document; and
(c) The agency requesting access has served a copy of the application for records or information on the individual or employing unit whose records or information are sought and has provided the department with proof of service. Service shall be made in a manner which conforms to the civil rules for superior court. The requesting agency shall include with the copy of the application a statement to the effect that the individual or employing unit may contact the public records officer of the employment security department to state any objections to the release of the records or information. The employment security department shall not act upon the application of the requesting agency until at least five days after service on the concerned individual or employing unit. The employment security department shall consider any objections raised by the concerned individual or employing unit in deciding whether the requesting agency needs the information or records for official purposes.
(2) The requirements of subsections (1) and (7) of this section shall not apply to the state legislative branch. The state legislature shall have access to information or records deemed private and confidential under this chapter, if the legislature or a legislative committee finds that the information or records are necessary and for official purposes. If the employment security department does not make information or records available as provided in this subsection, the legislature may exercise its authority granted by chapter 44.16 RCW.
(3) In cases of emergency the governmental agency requesting access shall not be required to formally comply with the provisions of subsection (1) of this section at the time of the request if the procedures required by subsection (1) of this section are complied with by the requesting agency following the receipt of any records or information deemed private and confidential under this chapter. An emergency is defined as a situation in which irreparable harm or damage could occur if records or information are not released immediately.
(4) The requirements of subsection (1)(c) of this section shall not apply to governmental agencies where the procedures would frustrate the investigation of possible violations of criminal laws.
(5) Governmental agencies shall have access to certain records or information, limited to such items as names, addresses, social security numbers, and general information about benefit entitlement or employer information possessed by the department, for comparison purposes with records or information possessed by the requesting agency to detect improper or fraudulent claims, or to determine potential tax liability or employer compliance with registration and licensing requirements. In those cases the governmental agency shall not be required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) must be satisfied.
(6) Disclosure to governmental agencies of information or records obtained by the employment security department from the federal government shall be governed by any applicable federal law or any agreement between the federal government and the employment security department where so required by federal law. When federal law does not apply to the records or information state law shall control.
(7) The disclosure of any records or information by a governmental agency which has obtained the records or information under this section is prohibited unless the disclosure is directly connected to the official purpose for which the records or information were obtained.
(8) In conducting periodic salary or fringe benefit studies pursuant to law, the department of personnel ((and the higher education personnel board)) shall have access to records of the employment security department as may be required for such studies. For such purposes, the requirements of subsection (1)(c) of this section need not apply.
Sec. 60. RCW 70.24.300 and 1988 c 206 s 607 are each amended to read as follows:
The ((state)) Washington personnel resources board((, the higher education personnel board,)) and each unit of local government shall determine whether any employees under their jurisdiction have a substantial likelihood of exposure in the course of their employment to the human immunodeficiency virus. If so, the agency or unit of government shall adopt rules requiring appropriate training and education for the employees on the prevention, transmission, and treatment of AIDS. The rules shall specifically provide for such training and education for law enforcement, correctional, and health care workers. The ((state)) Washington personnel resources board((, the higher education personnel board,)) and each unit of local government shall work with the office on AIDS under RCW 70.24.250 to develop the educational and training material necessary for employees.
Sec. 61. RCW 70.87.120 and 1983 c 123 s 13 are each amended to read as follows:
(1) The department shall appoint and employ inspectors, as may be necessary to carry out the provisions of this chapter, under the provisions of the rules adopted by the ((state)) Washington personnel resources board in accordance with chapter 41.06 RCW.
(2) The department shall cause all conveyances to be inspected and tested at least once each year. Inspectors have the right during reasonable hours to enter into and upon any building or premises in the discharge of their official duties, for the purpose of making any inspection or testing any conveyance contained thereon or therein. Inspections and tests shall conform with the rules adopted by the department. The department shall inspect all installations before it issues any initial permit for operation. Permits shall not be issued until the fees required by this chapter have been paid.
(3) If inspection shows a conveyance to be in an unsafe condition, the department shall issue an inspection report in writing requiring the repairs or alterations to be made to the conveyance that are necessary to render it safe and may also suspend or revoke a permit pursuant to RCW 70.87.125 or order the operation of a conveyance discontinued pursuant to RCW 70.87.145.
(4) The department may investigate accidents and alleged or apparent violations of this chapter.
Sec. 62. RCW 72.01.210 and 1981 c 136 s 69 are each amended to read as follows:
The secretary of corrections shall appoint chaplains for the state correctional institutions for convicted felons; and the secretary of social and health services shall appoint chaplains for the correctional institutions for juveniles found delinquent by the juvenile courts; and the secretary of corrections and the secretary of social and health services shall appoint one or more chaplains for other custodial, correctional and mental institutions under their control. The chaplains so appointed shall have the qualifications and shall be compensated in an amount, as shall hereafter be recommended by the department and approved by the ((state)) Washington personnel resources board.
Sec. 63. RCW 72.02.045 and 1988 c 143 s 2 are each amended to read as follows:
The superintendent of each institution has the powers, duties, and responsibilities specified in this section.
(1) Subject to the rules of the department, the superintendent is responsible for the supervision and management of the institution, the grounds and buildings, the subordinate officers and employees, and the prisoners committed, admitted, or transferred to the institution.
(2) Subject to the rules of the department and the director of the division of prisons or his or her designee and the ((state)) Washington personnel resources board, the superintendent shall appoint all subordinate officers and employees.
(3) The superintendent shall be the custodian of all funds and valuable personal property of convicted persons as may be in their possession upon admission to the institution, or which may be sent or brought in to such persons, or earned by them while in custody, or which shall be forwarded to the superintendent on behalf of convicted persons. All such funds shall be deposited in the personal account of the convicted person and the superintendent shall have authority to disburse moneys from such person's personal account for the personal and incidental needs of the convicted person as may be deemed reasonably necessary. When convicted persons are released from the confines of the institution either on parole, transfer, or discharge, all funds and valuable personal property in the possession of the superintendent belonging to such convicted persons shall be delivered to them. In no case shall the state of Washington, or any state officer, including state elected officials, employees, or volunteers, be liable for the loss of such personal property, except upon a showing that the loss was occasioned by the intentional act, gross negligence, or negligence of the officer, official, employee, or volunteer, and that the actions or omissions occurred while the person was performing, or in good faith purporting to perform, his or her official duties. Recovery of damages for loss of personal property while in the custody of the superintendent under this subsection shall be limited to the lesser of the market value of the item lost at the time of the loss, or the original purchase price of the item or, in the case of hand-made goods, the materials used in fabricating the item.
(4) The superintendent, subject to the approval of the director of the division of prisons and the secretary, shall make, amend, and repeal rules for the administration, supervision, discipline, and security of the institution.
(5) When in the superintendent's opinion an emergency exists, the superintendent may promulgate temporary rules for the governance of the institution, which shall remain in effect until terminated by the director of the division of prisons or the secretary.
(6) The superintendent shall perform such other duties as may be prescribed.
Sec. 64. RCW 72.09.220 and 1981 c 136 s 33 are each amended to read as follows:
Nothing contained in sections 1 through 13 and 16 through 23 of this act may be construed to downgrade any rights of any employee under any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the Washington personnel resources board as provided by law.
Sec. 65. RCW 72.19.050 and 1979 c 141 s 226 are each amended to read as follows:
The superintendent shall have the following powers, duties and responsibilities:
(1) Subject to the rules ((and regulations)) of the department, the superintendent shall have the supervision and management of the institution, of the grounds and buildings, the subordinate officers and employees, and of the juveniles received at such institution and the custody of such persons until released or transferred as provided by law.
(2) Subject to the rules ((and regulations)) of the department and the ((state)) Washington personnel resources board, appoint all subordinate officers and employees.
(3) The superintendent shall be the custodian of the personal property of all juveniles in the institution and shall make rules ((and regulations)) governing the accounting and disposition of all moneys received by such juveniles, not inconsistent with the law, and subject to the approval of the secretary.
Sec. 66. RCW 74.09.150 and 1959 c 26 s 74.09.150 are each amended to read as follows:
All personnel employed in the administration of the medical care program shall be covered by the existing merit system under the ((state)) Washington personnel resources board ((or its successor)).
Sec. 67. RCW 88.46.927 and 1991 c 200 s 436 are each amended to read as follows:
Nothing contained in RCW 88.46.921 through 88.46.926 may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the Washington personnel resources board as provided by law.
NEW SECTION. Sec. 68. The following acts or parts of acts are each repealed:
(1) RCW 28B.16.010 and 1969 ex.s. c 36 s 1;
(2) RCW 28B.16.020 and 1985 c 461 s 8, 1985 c 365 s 2, 1983 1st ex.s. c 75 s 1, 1982 1st ex.s. c 53 s 14, 1977 ex.s. c 169 s 41, & 1969 ex.s. c 36 s 2;
(3) RCW 28B.16.030 and 1969 ex.s. c 36 s 3;
(4) RCW 28B.16.040 and 1990 c 60 s 201, 1982 1st ex.s. c 53 s 15, 1977 ex.s. c 94 s 1, & 1969 ex.s. c 36 s 4;
(5) RCW 28B.16.041 and 1985 c 442 s 9;
(6) RCW 28B.16.042 and 1985 c 266 s 1;
(7) RCW 28B.16.043 and 1991 c 238 s 107;
(8) RCW 28B.16.060 and 1984 c 287 s 63, 1981 c 338 s 19, 1975-'76 2nd ex.s. c 34 s 73, & 1969 ex.s. c 36 s 6;
(9) RCW 28B.16.070 and 1983 c 23 s 1 & 1969 ex.s. c 36 s 7;
(10) RCW 28B.16.080 and 1969 ex.s. c 36 s 8;
(11) RCW 28B.16.090 and 1969 ex.s. c 36 s 9;
(12) RCW 28B.16.100 and 1990 c 60 s 202;
(13) RCW 28B.16.101 and 1982 1st ex.s. c 53 s 19 & 1977 ex.s. c 152 s 9;
(14) RCW 28B.16.105 and 1985 c 461 s 10, 1982 1st ex.s. c 53 s 17, & 1977 ex.s. c 152 s 13;
(15) RCW 28B.16.110 and 1985 c 94 s 1, 1980 c 11 s 3, 1979 c 151 s 16, 1977 ex.s. c 152 s 10, 1975 1st ex.s. c 122 s 2, & 1969 ex.s. c 36 s 11;
(16) RCW 28B.16.112 and 1987 c 185 s 3, 1986 c 158 s 4, 1979 c 151 s 17, & 1977 ex.s. c 152 s 11;
(17) RCW 28B.16.113 and 1977 ex.s. c 152 s 12;
(18) RCW 28B.16.116 and 1983 1st ex.s. c 75 s 3;
(19) RCW 28B.16.120 and 1969 ex.s. c 36 s 12;
(20) RCW 28B.16.130 and 1969 ex.s. c 36 s 13;
(21) RCW 28B.16.140 and 1969 ex.s. c 36 s 14;
(22) RCW 28B.16.150 and 1969 ex.s. c 36 s 15;
(23) RCW 28B.16.160 and 1988 c 202 s 27, 1971 c 81 s 72, & 1969 ex.s. c 36 s 16;
(24) RCW 28B.16.170 and 1969 ex.s. c 36 s 26;
(25) RCW 28B.16.180 and 1973 1st ex.s. c 46 s 3 & 1969 ex.s. c 36 s 17;
(26) RCW 28B.16.190 and 1969 ex.s. c 36 s 19;
(27) RCW 28B.16.200 and 1979 c 151 s 18 and 1969 ex.s. c 36 s 20;
(28) RCW 28B.16.210 and 1969 ex.s. c 36 s 29;
(29) RCW 28B.16.220 and 1969 ex.s. c 36 s 31;
(30) RCW 28B.16.230 and 1973 c 62 s 6 & 1969 ex.s. c 215 s 14;
(31) RCW 28B.16.255 and 1985 c 461 s 11;
(32) RCW 28B.16.265 and 1985 c 461 s 12;
(33) RCW 28B.16.275 and 1985 c 461 s 13;
(34) RCW 28B.16.300 and 1990 c 204 s 4;
(35) RCW 28B.16.900 and 1969 ex.s. c 36 s 18;
(36) RCW 28B.16.910 and 1969 ex.s. c 36 s 27;
(37) RCW 28B.16.920 and 1969 ex.s. c 36 s 30; and
(38) RCW 28B.16.930 and 1969 ex.s. c 36 s 28.
NEW SECTION. Sec. 69. RCW 41.06.430 and 1990 c 60 s 102 and 1980 c 118 s 7 are each repealed.
NEW SECTION. Sec. 70. RCW 28B.16.240 is recodified as a new section in chapter 41.06 RCW.
NEW SECTION. Sec. 71. RCW 41.06.230, 41.06.240, 41.06.310, and 41.64.900 are each decodified.
NEW SECTION. Sec. 72. (1) The legislature recognizes that the most vital asset of state government is the people who design, manage, and implement its programs and deliver its services. The quality and effectiveness of state service depends on many factors, including adequate resources, personal dedication, proper training, skilled and sensitive management, and the removal of artificial barriers to personal and organizational success.
(2) The legislature further recognizes that due to increasing demands on state government requiring new levels of efficiency and effectiveness in service delivery, and the impact of the total system of laws and rules governing recruitment, development, and management of personnel resources in state government, it is imperative to immediately and comprehensively examine all aspects of that system, and make whatever changes are indicated forthwith.
(3) To that end, there is hereby created a study task force composed of the following members: Three members of the house of representatives appointed by the speaker of the house of representatives, three members of the senate appointed by the president of the senate, five members appointed by the governor, and one representative from each employee organization that has at least five hundred dues-paying members employed by the state of Washington. The charge of the task force is to make a comprehensive recommendation to the legislature no later than December 1, 1993, in the form of proposed legislation, regarding the provision of personnel resources in state government. The task force shall address at least the following issues:
(a) Overall organization of the personnel resources apparatus in state government:
(i) Consolidation or decentralization of all personnel services; and
(ii) The appropriate role and degree of control of the governor, the Washington personnel resources board, agency directors, and other elected officials;
(b) Efficiency in management and service delivery:
(i) Identify the principal barriers to, and successes in, effective recruitment, retention, development, and assignment of a quality work force in state service;
(ii) Analyze the extent to which improvement in these areas is best achieved by changes in civil service reform, or from management and organizational initiatives of the governor, agency directors, employee organizations, employees, and other elected officials; and
(iii) Develop principles regarding the purchase of services by state government;
(c) Employee rights and participation:
(i) Identify areas and issues that are appropriately decided cooperatively between classified employees and management through collective bargaining or otherwise, and those areas that are inherently management prerogatives and responsibilities;
(ii) Analyze the full range of collective bargaining or other collaborative process issues, and identify those features that are the most effective and equitable, including grievance procedures, bargaining units, representation, union security, negotiations, and unfair labor practices;
(iii) Analyze the duty of the state to provide job stability and termination rights such as notice for exempt employees and develop a policy of equitable protection for exempt employees; and
(d) Any other related issue that comes to light during the course of the study may properly be examined. This list of issues is in no way intended to limit the inquiry and exploration of the task force in its pursuit of its principal charge.
(4) In developing its recommendation the task force shall draw upon the following resources:
(a) Full and frequent consultation with particular interest groups, including state employees and their organizations, managers, and directors at all levels of state service, elected officials, and academic and private sector personnel resource specialists;
(b) The experience of other states, particularly those who have recently made significant changes in this area; and
(c) The experience of private sector organizations that are recognized for innovative and effective accomplishment in this field.
(5) The task force shall meet at least monthly, and shall hold meetings in different regions of the state. Staff services shall be provided by legislative and governor's office staff.
(6) This section shall expire December 31, 1993.
NEW SECTION. Sec. 73. Section 67 of this act shall take effect July 1, 1997.
NEW SECTION. Sec. 74. Sections 1 through 66 and 68 through 71 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993."
On page 1, line 1 of the title, after "government;" strike the remainder of the title and insert "amending RCW 28B.12.060, 34.05.030, 34.12.020, 41.04.340, 41.04.670, 41.06.030, 41.06.070, 41.06.076, 41.06.079, 41.06.093, 41.06.110, 41.06.130, 41.06.150, 41.06.155, 41.06.160, 41.06.163, 41.06.170, 41.06.186, 41.06.196, 41.06.280, 41.06.340, 41.06.350, 41.06.450, 41.06.475, 41.48.140, 41.50.804, 41.64.090, 42.16.010, 42.17.2401, 43.01.170, 43.03.028, 43.03.305, 43.06.410, 43.06.425, 43.06.430, 43.33A.100, 43.43.832, 43.60A.906, 43.105.052, 43.131.090, 48.03.060, 49.46.010, 49.74.020, 49.74.030, 50.13.060, 70.24.300, 70.87.120, 72.01.210, 72.02.045, 72.09.220, 72.19.050, 74.09.150, and 88.46.927; reenacting and amending RCW 41.06.020; adding new sections to chapter 41.06 RCW; creating new sections; recodifying RCW 28B.16.240; decodifying RCW 41.06.230, 41.06.240, 41.06.310, and 41.64.900; repealing RCW 28B.16.010, 28B.16.020, 28B.16.030, 28B.16.040, 28B.16.041, 28B.16.042, 28B.16.043, 28B.16.060, 28B.16.070, 28B.16.080, 28B.16.090, 28B.16.100, 28B.16.101, 28B.16.105, 28B.16.110, 28B.16.112, 28B.16.113, 28B.16.116, 28B.16.120, 28B.16.130, 28B.16.140, 28B.16.150, 28B.16.160, 28B.16.170, 28B.16.180, 28B.16.190, 28B.16.200, 28B.16.210, 28B.16.220, 28B.16.230, 28B.16.255, 28B.16.265, 28B.16.275, 28B.16.300, 28B.16.900, 28B.16.910, 28B.16.920, 28B.16.930, and 41.06.430; providing effective dates; and declaring an emergency."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Sommers moved that the House do concur in the Senate amendments to Engrossed Substitute House Bill No. 2054 and pass the bill as amended by the Senate.
Representatives Sommers and Silver spoke in favor of the motion and Representative Wineberry spoke against it. 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. 2054 as amended by the Senate.
Representatives Sommers, Appelwick, Campbell, J. Kohl, Dunshee, Conway, Wolfe and Locke spoke in favor of passage of the bill and Representative Wineberry spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2054, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Scott, Sehlin, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Voting nay: Representatives Schoesler, Sheahan and Wineberry - 3.
Excused: Representative Anderson - 1.
Engrossed Substitute House Bill No. 2054, as amended by the Senate, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 21, 1993
Mr. Speaker:
The Senate refuses to grant the request of the House for a conference on SUBSTITUTE HOUSE BILL NO. 1260 and insists on its position regarding the Senate amendments and once again asks the House to concur therein, and the same are herewith transmitted.
Brad Hendrickson, Secretary
MOTION
Representative Rust moved that the House do concur in the Senate amendments to Substitute House Bill No. 1260 and pass the bill as amended by the Senate.
Representatives Rust and Horn spoke in favor of the motion and 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 Substitute House Bill No. 1260 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1260, 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 Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Anderson - 1.
Substitute House Bill No. 1260, as amended by the Senate, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 20, 1993
Mr. Speaker:
The Senate insists on its position regarding the Senate amendments to SUBSTITUTE HOUSE BILL NO. 1275 and once again asks the House to concur therein, and the same are herewith transmitted.
Brad Hendrickson, Secretary
MOTION
Representative Rust moved that the House insist on its position and again ask the Senate to recede therefrom. The motion was carried.
With the consent of the House, the House resumed to consideration of Substitute House Bill No. 1021.
We last considered the measure on April 21, 1993 when Representative Rust raised a point of order to the scope and object of the Senate amendment.
The House previously considered the Senate amendment on April 19, 1993 at which time the House debated and approved a motion to not concur in the Senate amendment.
Reed's Rule 112 specifies that a point of order must be raised before debate ensues on the question or the point of order is deemed waived.
The Speaker finds that debate on the Senate amendment had ensued before Representative Rust raised the point of order and therefore, that the point of order was not timely.
Representative H. Myers moved that the House insist on its position and again ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Bray, Springer and Edmondson as conferees on Substitute House Bill No. 1021.
The Speaker introduced the visitors from Spain. They briefly addressed the House of Representatives.
Representatives Leonard and Brough briefly addressed the visitors.
MESSAGE FROM THE SENATE
April 21, 1993
Mr. Speaker:
The Senate refuses to concur in the House amendments to ENGROSSED SUBSTITUTE SENATE BILL NO. 5972 and asks the House for a conference thereon. The President has appointed the following members as Conferees: Senators: Vognild, Nelson and Loveland, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
Representative R. Fisher moved that the House grant the Senate request for a conference on Engrossed Substitute Senate Bill No. 5972. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives R. Fisher, Zellinsky and Schmidt as conferees to Engrossed Substitute Senate Bill No. 5972.
The Speaker declared the House to be at ease.
The Speaker (Representative Wang presiding) called the House to order.
MESSAGES FROM THE SENATE
April 22, 1993
Mr. Speaker:
The Senate grants the request of the House for a conference on SUBSTITUTE HOUSE BILL NO. 1855. The President has appointed the following members as Conferees Senators: Moore, Newhouse and Fraser, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 22, 1993
Mr. Speaker:
The Senate grants the request of the House for a conference on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1541. The President has appointed the following members as Conferees Senators: Talmadge, Erwin and Wojahn, and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 22, 1993
Mr. Speaker:
The Senate has granted the request of the House for a conference on ENGROSSED SUBSTITUTE HOUSE BILL NO. 2067. The President has appointed the following members as Conferees Senators: Prentice, Prince and Sheldon, and the same are herewith transmitted.
Marty Brown, Secretary
April 22, 1993
Mr. Speaker:
The Senate grants the request of the House for a conference on SENATE BILL NO. 5375. The President has appointed the following members as Conferees: Senators Haugen, L. Smith and Bauer, and the same are herewith transmitted.
Marty Brown, Secretary
April 22, 1993
Mr. Speaker:
The Senate grants the request of the House for a conference on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1236. The President has appointed the following members as Conferees: Senators Fraser, Barr and Sutherland, and the same are herewith transmitted.
Marty Brown, Secretary
April 22, 1993
Mr. Speaker:
The Senate grants the request of the House for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 1862. The President has appointed the following members as Conferees: Senators Loveland, Deccio and Jesernig, and the same are herewith transmitted.
Marty Brown, Secretary
April 22, 1993
Mr. Speaker:
The Senate grants the request of the House for a conference on SUBSTITUTE HOUSE BILL NO. 1069. The President has appointed the following members as Conferees Senators: A. Smith, Nelson and Quigley, and the same are herewith transmitted.
Marty Brown, Secretary
April 22, 1993
Mr. Speaker:
The Senate concurred in the House amendments to ENGROSSED SUBSTITUTE SENATE BILL NO. 5157 and passed the bill as amended by the House, and the same are herewith transmitted.
Marty Brown, Secretary
April 22, 1993
Mr. Speaker:
The Senate has concurred in the House amendments to SUBSTITUTE SENATE BILL NO. 5736 and passed the bill as amended by the House, and the same are herewith transmitted.
Marty Brown, Secretary
April 22, 1993
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5702,
and the same is herewith transmitted.
Marty Brown, Secretary
April 22, 1993
Mr. Speaker:
The Senate receded from its amendments to HOUSE BILL NO. 1379, and passed the bill without said amendments, and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 22, 1993
Mr. Speaker:
The Senate receded from its amendments to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1505 and passed the bill without the Senate amendments, and the same is herewith transmitted.
Marty Brown, Secretary
April 22, 1993
Mr. Speaker:
The Senate grants the request of the House for a conference on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1529. The President has appointed the following members as Conferees Senators: Spanel, Amondson and Hargrove, and the same are herewith transmitted.
Marty Brown, Secretary
April 22, 1993
Mr. Speaker:
The Senate has concurred in the House amendments to the following bills and passed the bills as amended by the House:
SUBSTITUTE SENATE BILL NO. 5195,
and the same are herewith transmitted.
Marty Brown, Secretary
April 22, 1993
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5157,
SUBSTITUTE SENATE BILL NO. 5736,
and the same are herewith transmitted.
Marty Brown, Secretary
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Patterson, the House adjourned until 9:00 a. m., Friday April 23, 1993.
BRIAN EBERSOLE, Speaker
ALAN THOMPSON, Chief Clerk