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NINETY-SEVENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Saturday, April 17, 1993

The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Anderson, Erwin, McCaslin, McDonald, Moyer, Niemi, Owen, Rinehart, Skratek and Talmadge. On motion of Senator Oke, Senators Anderson, Erwin, McCaslin, McDonald and Moyer were excused. On motion of Senator Spanel, Senators Niemi, Rinehart, Skratek and Talmadge were excused. On motion of Senator Snyder, Senator Owen was excused.

The Sergeant at Arms Color Guard, consisting of Pages Julie del Plain and Colleen Altstock, presented the Colors. Reverend Tammy Leiter, pastor of the Westminster Presbyterian Church of Olympia, offered the prayer.

MOTION

On motion of Senator Jesernig, the reading of the Journal of the previous day was dispensed with and it was approved.

MESSAGE FROM THE GOVERNOR

January 27, 1993

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

D. E. Chillberg, appointed January 27, 1993, for a term ending June 30, 1995, as Chair of the Housing Finance Committee.

Sincerely,

MIKE LOWERY, Governor

Referred to Committee on Labor and Commerce.

STATEMENT FOR THE JOURNAL

Due to work in the conference committee on health care reform, I missed the votes on the following bills: Engrossed Substitute House Bill No. 1505, as amended by the Senate; Amendment by Senator West to Engrossed Substitute House No. 1562; Engrossed House Bill No. 1617, as amended by the Senate; Engrossed House Bill No. 1007, as amended by the Senate; and Engrossed Substitute House Bill No. 1562, as amended by the Senate.

I would have voted 'yes' on all the measures, but 'no' on the West amendment to Engrossed Substitute House Bill No. 1562.

SENATOR PHIL TALMADGE, 34th District

There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 1505, deferred on second reading after the amendments by Senator Sutherland on page 1, lines 6 and 11, and page 7, after line 16, were ruled out of order, April 14, 1993.

MOTIONS

On motion of Senator Hargrove, the following amendment by Senators Hargrove and Moore was adopted:

On page 7, after line 16, insert the following:

"NEW SECTION. Sec. 12. A new section is added to chapter 18.27 RCW to read as follows:

(1) By July 1, 1994, the department shall develop and implement a voluntary certificate of competency program for general and specialty contractors registered under this chapter.

(2) The department shall prepare appropriate examinations for general and specialty contractors' certificates of competency to be administered to eligible applicants. The examination must be constructed to determine:

(a) Whether the applicant possesses varied general knowledge of the technical information and practical procedures identified with the construction trade; and

(b) Whether the applicant is familiar with the applicable building codes, statutory requirements, and administrative rules pertaining to the construction trade.

(3)(a) An applicant for a contractor certificate of competency shall submit the required fee and, except as otherwise provided in subsection (4) of this section, an application to take the competency examination on the form and in the manner prescribed by the department. The applicant must be a registered contractor, and, except as otherwise provided in subsection (4) of this section, must provide written evidence that he or she has completed a course of study in the construction trade for general or specialty contractors, as appropriate, at a school or training program approved by the department. If the director determines that the applicant is eligible to take the examination, the director shall notify the applicant of the time and place of the examination. The director shall establish reasonable rules for the conduct of examinations.

(b) The department shall certify the results of the examination and shall notify the applicant in writing whether he or she has passed or failed. An applicant who has failed the examination may retake the examination, on the terms and after a period of time determined by the department by rule. The number of times that an applicant may take the examination may not be limited.

(4) The department shall issue a certificate of competency to an applicant who has passed the examination and has paid all appropriate fees, or to a registered contractor engaged in a bona fide contracting business with at least two years of experience, who has paid all appropriate fees. The certificate must bear the date of issuance, and must expire on the birthdate of the holder immediately following the date of issuance. The certificate is renewable every other year, upon application and payment of a fee, on or before the holder's birthdate. A doubled fee shall be charged for failure to renew the certificate by the renewal date. A holder shall retake the examination and pay the examination fee if he or she does not renew the certificate within ninety days of the renewal date in order to renew the certificate.

(5) The department shall establish certification fees that cover the full cost of processing applications for certification, developing and administering the examination, and issuing and renewing certification.

(6) The holder of a certificate of competency may verbally represent that he or she holds a certificate of competency and may include the information that he or she holds the certificate in documents, including but not limited to advertising, contracts, business cards, and signs. A making of a claim by a contractor that he or she holds a certificate of competency when such a certificate has not been lawfully issued to the contractor or is not in force under this chapter is an infraction and the contractor is subject to having his or her registration suspended for up to two years.

NEW SECTION. Sec. 13. A new section is added to chapter 18.27 RCW to read as follows:

(1) There is created a state advisory committee of construction contractors, comprised of seven members appointed by the director. One member shall be from each of the following construction classifications: (a) Commercial/retail construction; (b) highway/industrial construction; (c) municipal/utility construction; (d) marine construction; (e) residential single-family construction; and (f) residential multifamily construction. The seventh member shall be a representative of the general public who is familiar with the business and trade of construction.

(2) The initial terms of the members of the advisory committee shall be as follows: For the members representing commercial/retail and marine construction, one year; for the members representing highway/industrial, residential single-family construction, and the general public, two years; and for the members representing municipal/utility and residential multifamily construction, three years. The regular term of the members of the advisory committee shall be three years. The director shall appoint or reappoint committee members to fill vacancies created by the completion of terms. In the case of a vacancy on the committee for any other reason, the director shall appoint a successor from the same construction classification to serve out the term of the person whose position has become vacant.

(3) It shall be the purpose and function of the committee to advise the department on all matters pertaining to the development, implementation, and enforcement of the voluntary certificate of competency program for general and specialty contractors registered under this chapter.

(4) Each member of the committee shall be reimbursed for travel expenses and paid special per diem rates in accordance with RCW 43.03.050 and 43.03.060 for each day such member is engaged in bona fide business of the advisory committee.

NEW SECTION. Sec. 14. Sections 12 and 13 of this act shall take effect January 1, 1994.

NEW SECTION. Sec. 15. The director of the department of labor and industries may take such steps as are necessary to ensure that sections 12 and 13 of this act are implemented on their effective date."

On motion of Senator Moore, the following title amendment was adopted:

On page 1, line 3 of the title, after "18.27.320;" strike "creating a new section; and prescribing penalties" and insert "adding new sections to chapter 18.27 RCW; creating new sections; prescribing penalties; and providing an effective date"

MOTION

On motion of Senator Vognild, the rules were suspended, Engrossed Substitute House Bill No. 1505, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1505, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1505, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 9; Absent, 0; Excused, 10.

Voting yea: Senators Amondson, Bauer, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West and Winsley - 30.

Voting nay: Senators Barr, Bluechel, Hochstatter, Nelson, Newhouse, Oke, Sellar, Williams and Wojahn - 9.

Excused: Senators Anderson, Erwin, McCaslin, McDonald, Moyer, Niemi, Owen, Rinehart, Skratek and Talmadge - 10.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1505, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1562, by House Committee on Local Government (originally sponsored by Representatives Brown, Dellwo, H. Myers, Orr, Mastin and J. Kohl)

Authorizing local governments to exceed statutory property tax limitations for the purpose of financing affordable housing for very low-income households.

The bill was read the second time.

MOTION

Senator West moved that the following amendment be adopted:

On page 2, line 12, after "to do so by" strike "a majority" and insert "three-fifths of the persons"

Debate ensued.

Senator Nelson demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator West on page 2, line 12, to Engrossed Substitute House Bill No. 1562.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 22; Absent, 1; Excused, 7.

Voting yea: Senators Amondson, Anderson, Barr, Cantu, Deccio, Erwin, Hargrove, Hochstatter, McDonald, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 19.

Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, Moore, Pelz, Prentice, Quigley, Rasmussen, M., Sheldon, Smith, A., Snyder, Spanel, Sutherland, Vognild, Williams and Wojahn - 22.

Absent: Senator Bluechel - 1.

Excused: Senators McCaslin, Moyer, Niemi, Owen, Rinehart, Skratek and Talmadge - 7.

MOTION

Senator West moved that the following amendments be considered simultaneously and be adopted:

On page 2, line 18, after "county." insert "If any levy imposed under this section, when added to any levies imposed under RCW 84.52.069 and 84.34.230 together exceed fifty cents per thousand dollars of assessed valuation, the levy imposed under this section shall be reduced or eliminated so that the combined levies shall not exceed fifty cents per thousand dollars of assessed valuation on any property."

On page 4, strike all of section 4.

Renumber the remaining section(s) accordingly

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator West on page 2, line 18, and on page 4, strike all of section 4, to Engrossed Substitute House Bill No. 1562.

The motion by Senator West carried and the amendments were adopted.

MOTION

On motion of Senator West, the following amendment was adopted:

On page 2, after line 7, strike all the material through and including "located." on page 3, line 2, and insert the following:

"(1) A county, city, or town may impose additional regular property tax levies of up to fifty cents per thousand dollars of assessed value of property in each year for up to ten consecutive years to finance affordable housing for very low-income households when specifically authorized to do so by a majority of at least three-fifths of the registered voters thereof approving a proposition authorizing the levies submitted at a general or special election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty per centum of the total votes cast in such taxing district at the last preceding general election when the number of registered voters voting on the proposition does not exceed forty per centum of the total votes cast in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the registered voters thereof voting on the proposition when the number of registered voters voting on the proposition exceeds forty per centum of the total votes cast in such taxing district in the last preceding general election. Ballot propositions shall conform with RCW 84.52.054.

(2) The additional property tax levies may not be imposed until:

(a) The governing body of the county, city, or town declares the existence of an emergency with respect to the availability of housing that is affordable to very low-income households in the taxing district; and

(b) The governing body of the county, city, or town adopts an affordable housing financing plan to serve as the plan for expenditure of funds raised by a levy authorized under this section, and the governing body determines that the affordable housing financing plan is consistent with either the locally adopted or state-adopted comprehensive housing affordability strategy, required under the Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701, et seq.), as amended.

(3) For purposes of this section, the term "very low-income household" means a single person, or family whose income is at or below fifty percent of the median income, as determined by the United States department of housing and urban development, with adjustments for household size, for the county where the taxing district is located."

MOTION

On motion of Senator Moore, further consideration of Engrossed Substitute House Bill No. 1562 was deferred.

SECOND READING

ENGROSSED HOUSE BILL NO. 1617, by Representatives R. Fisher, Chandler, Schmidt, Eide, Johanson, J. Kohl, Kremen, Cothern, Jacobsen, Brough, Pruitt, Thomas, R. Meyers, Miller, Shin, Karahalios, Locke, Finkbeiner, Ogden, Quall, Orr, Wineberry, Veloria, Wood, H. Myers, L. Johnson and Anderson

Planning high-speed ground transportation.

The bill was read the second time.

MOTIONS

On motion of Senator Vognild, the following Committee on Transportation amendment was adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature recognizes that major intercity transportation corridors in this state are becoming increasingly congested. In these corridors, population is expected to grow by nearly forty percent over the next twenty years, while employment will grow by nearly fifty percent. The estimated seventy-five percent increase in intercity travel demand must be accommodated to ensure state economic vitality and protect the state's quality of life.

The legislature finds that high-speed ground transportation offers a safer, more efficient, and environmentally responsible alternative to increasing highway capacity. High-speed ground transportation can complement and enhance existing air transportation systems. High-speed ground transportation can be compatible with growth management plans in counties and cities served by such a system. Further, high-speed ground transportation offers a reliable, all-weather service capable of significant energy savings over other intercity modes.

NEW SECTION. Sec. 2. The legislature finds that there is substantial public benefit to establishing a high-speed ground transportation program in this state. The program shall implement the recommendations of the high-speed ground transportation steering committee report dated October 15, 1992. The program shall be administered by the department of transportation in close cooperation with the utilities and transportation commission and affected cities and counties.

The high-speed ground transportation program shall have the following goals:

(1) Implement high-speed ground transportation service offering top speeds over 150 m.p.h. between Everett and Portland, Oregon by 2020. This would be accomplished by meeting the intermediate objectives of a maximum travel time between downtown Portland and downtown Seattle of two hours and thirty minutes by the year 2000 and maximum travel time of two hours by the year 2010;

(2) Implement high-speed ground transportation service offering top speeds over 150 m.p.h. between Everett and Vancouver, B.C. by 2025;

(3) Implement high-speed ground transportation service offering top speeds over 150 m.p.h. between Seattle and Spokane by 2030.

The department of transportation shall, subject to legislative appropriation, implement such projects as necessary to achieve these goals in accordance with the implementation plans identified in sections 3 and 4 of this act.

NEW SECTION. Sec. 3. The legislature finds it important to develop public support and awareness of the benefits of high-speed ground transportation by developing high-quality intercity passenger rail service as a first step. This high-quality intercity passenger rail service shall be developed through incremental upgrading of the existing service. The department of transportation shall, subject to legislative appropriation, develop a prioritized list of projects to improve existing passenger rail service and begin new passenger rail service, to include but not be limited to:

(1) Improvement of depots;

(2) Improved grade crossing protection or grade crossing elimination;

(3) Enhanced train signals to improve rail corridor capacity and increase train speeds;

(4) Revised track geometry or additional trackage to improve ride quality and increase train speeds; and

(5) Contract for new or improved service in accordance with federal requirements to improve service frequency.

Service enhancements and station improvements must be based on the extent to which local comprehensive plans contribute to the viability of intercity passenger rail service, including providing efficient connections with other transportation modes such as transit, intercity bus, and roadway networks. Before spending state moneys on these projects, the department of transportation shall seek federal, local, and private funding participation to the greatest extent possible. Funding priorities for station improvements must also be based on the level of local and private in-kind and cash contributions.

NEW SECTION. Sec. 4. The legislature recognizes the need to plan for the high-speed ground transportation service and the high-quality intercity rail passenger service set forth in sections 2 and 3 of this act. The department of transportation shall, subject to legislative appropriation, develop a rail passenger plan through the conduct of studies addressing, but not limited to, the following areas:

(1) Refined ridership estimates;

(2) Preliminary location and environmental analysis on new corridors;

(3) Detailed station location assessments in concert with affected local jurisdictions;

(4) Coordination with the air transportation commission on state-wide air transportation policy and its effects on high-speed ground transportation service; and

(5) Coordination with the governments of Oregon and British Columbia, when appropriate, on alignment, station location, and environmental analysis.

NEW SECTION. Sec. 5. 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 July 1, 1993."

On motion of Senator Vognild, the following title amendment was adopted:

On line 1 of the title, after "transportation;" strike the remainder of the title and insert "creating new sections; providing an effective date; and declaring an emergency."

On motion of Senator Vognild, the rules were suspended, Engrossed House Bill No. 1617, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1617, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 1617, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 2; Absent, 0; Excused, 7.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 40.

Voting nay: Senators Cantu and Smith, L. - 2.

Excused: Senators McCaslin, Moyer, Niemi, Owen, Rinehart, Skratek and Talmadge - 7.

ENGROSSED HOUSE BILL NO. 1617, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

ENGROSSED HOUSE BILL NO. 1007, by Representatives R. Fisher, Zellinsky, Brumsickle, R. Meyers, Miller, G. Cole, Scott, Basich, Dunshee, Wood, Schmidt, Forner, Jacobsen, Franklin, Eide, Flemming, Horn and J. Kohl

Enhancing state-wide transportation planning.

The bill was read the second time.

MOTIONS

On motion of Senator Vognild, the following Committee on Transportation amendments were considered simultaneously and were adopted:

On page 6, line 26, after "services" insert "and modes"

On page 6, at the beginning of line 29, strike "allocating funds to public transportation agencies" and insert "existing federal authorizations administered by the department to transit agencies"

On page 6, line 34, after "services," insert "non-motorized interests,"

On page 6, line 38, after "instruction," insert "the office of the governor,"

On page 6, after line 38, insert "The department shall submit an initial report to the legislative transportation committee by December 1, 1993, and shall provide annual reports summarizing the plan's progress each year thereafter."

On motion of Senator Vognild, the rules were suspended, Engrossed House Bill No. 1007, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1007, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 1007, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.

Excused: Senators McCaslin, Moyer, Niemi, Owen, Rinehart, Skratek and Talmadge - 7.

ENGROSSED HOUSE BILL NO. 1007, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was order to stand as the title of the act.

There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 1562, deferred on second reading earlier today after amendments by Senator West on page 2, line 18; page 4, strike all of section 4; and page 2, after line 7; were adopted.

MOTIONS

On motion of Senator Moore, the following title amendment was adopted:

On page 1, line 4 of the title, strike "84.52.010,"

On motion of Senator Moore, the rules were suspended, Engrossed Substitute House Bill No. 1562, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1562, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1562, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 6; Absent, 2; Excused, 7.

Voting yea: Senators Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 34.

Voting nay: Senators Amondson, Anderson, Cantu, Hochstatter, Newhouse and Roach - 6.

Absent: Senators Barr and Hargrove - 2.

Excused: Senators McCaslin, Moyer, Niemi, Owen, Rinehart, Skratek and Talmadge - 7.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1562, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

At 10:53 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.

The Senate was called to order at 12:07 p.m. by President Pritchard.

MOTION

At 12:07 p.m., on motion of Senator Jesernig, the Senate recessed until 1:00 p.m.

The Senate was called to order at 1:04 p.m. by President Pritchard.

There being no objection, the President reverted the Senate to the fourth order of business.

MESSAGES FROM THE HOUSE

April 16, 1993

MR. PRESIDENT:

The House has passed SENATE BILL NO. 5759, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk

April 17, 1993

MR. PRESIDENT:

The Speaker has signed:

HOUSE BILL NO. 1076,

HOUSE BILL NO. 1218,

SUBSTITUTE HOUSE BILL NO. 1343,

SUBSTITUTE HOUSE BILL NO. 1454,

SUBSTITUTE HOUSE BILL NO. 1543,

SUBSTITUTE HOUSE BILL NO. 1587,

SUBSTITUTE HOUSE BILL NO. 1595,

HOUSE BILL NO. 1618,

HOUSE BILL NO. 1637,

SUBSTITUTE HOUSE BILL NO. 1678,

HOUSE BILL NO. 1832,

HOUSE BILL NO. 1865,

SUBSTITUTE HOUSE BILL NO. 1893,

HOUSE BILL NO. 2001, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

SENATE BILL NO. 5759.

SIGNED BY THE PRESIDENT

The President signed:

HOUSE BILL NO. 1076,

HOUSE BILL NO. 1218,

SUBSTITUTE HOUSE BILL NO. 1343,

SUBSTITUTE HOUSE BILL NO. 1454,

SUBSTITUTE HOUSE BILL NO. 1543,

SUBSTITUTE HOUSE BILL NO. 1587,

SUBSTITUTE HOUSE BILL NO. 1595,

HOUSE BILL NO. 1618,

HOUSE BILL NO. 1637,

SUBSTITUTE HOUSE BILL NO. 1678,

HOUSE BILL NO. 1832,

HOUSE BILL NO. 1865,

SUBSTITUTE HOUSE BILL NO. 1893,

HOUSE BILL NO. 2001.

There being no objection, the President advanced the Senate to the sixth order of business.

SECOND READING

HOUSE BILL NO. 1858, by Representatives Brown, Romero, Foreman, Leonard, Lemmon, Mielke, Karahalios, Brough, Long, Kessler, Patterson and Mastin

Providing for periodic case review for children in substitute care.

The bill was read the second time.

MOTION

On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was not adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 13.70.005 and 1991 c 363 s 14 and 1991 c 127 s 2 are each reenacted and amended to read as follows:

Periodic case review of all children in substitute care ((shall)) may be provided in counties designated by the office of the administrator for the courts, in accordance with this chapter ((and within funding provided by the legislature)).

The administrator for the courts shall coordinate and assist, within available funds, in the administration of ((the)) local citizen review boards ((pilot program)) created by this chapter.

Sec. 2. RCW 13.70.110 and 1991 c 127 s 5 are each amended to read as follows:

(1) This section shall apply to cases where a child has been placed in substitute care pursuant to a proceeding under chapter 13.34 RCW.

(2) Within forty-five days following commencement of the placement episode, the court shall assign the child's case to a board and forward to the board a copy of the dependency petition and any shelter care or dependency disposition orders which have been entered in the case by the court.

(3) The board shall review the case plan for each child whose case is assigned to the board by the court. The review shall take place at times set by the board. The first review shall occur within ninety days following commencement of the placement episode. The second review shall occur within six months following commencement of the placement episode. The ((next)) final board review shall occur within one year after commencement of the placement episode. ((Within eighteen months following commencement of the placement episode, a permanency planning hearing shall be held before the court in accordance with RCW 13.34.145. Thereafter, the court shall assign the child's case for a board review or a court review hearing pursuant to RCW 13.34.130(5). A board review or a court review hearing shall take place at least once every six months until the child is no longer within the jurisdiction of the court or no longer in substitute care or until a guardianship order or adoption decree is entered. After the permanency planning hearing, a court review hearing must occur at least once a year as provided in RCW 13.34.130. The board shall review any case where a petition to terminate parental rights has been denied, and such review shall occur as soon as practical but no later than forty-five days after the denial.))

(4) The board shall prepare written findings and recommendations with respect to:

(a) Whether reasonable efforts were made before the placement to prevent or eliminate the need for removal of the child from the home, including whether consideration was given to removing the alleged offender, rather than the child, from the home;

(b) Whether reasonable efforts have been made subsequent to the placement to make it possible for the child to be returned home;

(c) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration has been given to placement with the child's relatives;

(d) Whether there is a continuing need for placement and whether the placement is appropriate;

(e) Whether there has been compliance with the case plan;

(f) Whether progress has been made toward alleviating the need for placement;

(g) A likely date by which the child may be returned home or other permanent plan of care may be implemented; and

(h) Other problems, solutions, or alternatives the board determines should be explored.

(5) Within ten working days following the review, the board shall send a copy of its findings and recommendations to the parents and their attorneys, the child's custodians and their attorneys, mature children and their attorneys, other attorneys or guardians ad litem appointed by the court to represent children, the department and other child placement agencies directly responsible for supervising the child's placement, and any prosecuting attorney or attorney general actively involved in the case. If the child is an Indian as defined in the Indian child welfare act, 25 U.S.C. Sec. 1901 et seq., a copy of the board's findings and recommendations shall also be sent to the child's Indian tribe.

(6) If the department is unable or unwilling to implement the board recommendations, the department shall submit to the board, within ten working days after receipt of the findings and recommendations, an implementation report setting forth the reasons why the department is unable or unwilling to implement the board's recommendations. The report will also set forth the case plan which the department intends to implement.

(7) Within forty-five days following the review, the board shall either:

(a) Schedule the case for further review by the board; or

(b) Submit to the court the board's findings and recommendations and the department's implementation reports, if any. If the board's recommendations are different from the existing court-ordered case plan, the board shall also file with the court a motion for a review hearing.

(8) Within ten days of receipt of the board's written findings and recommendations and the department's implementation report, if any, the court shall review the findings and recommendations and implementation reports, if any. The court may on its own motion schedule a review hearing.

(9) Unless modified by subsequent court order, the court-ordered case plan and court orders that are in effect at the time that a board reviews a case shall remain in full force and effect. Board findings and recommendations are advisory only and do not in any way modify existing court orders or court-ordered case plans.

(10) The findings and recommendations of the board and the department's implementation report, if any, shall become part of the department's case file and the court social file pertaining to the child.

(11) Nothing in this section shall limit or otherwise modify the rights of any party to a dependency proceeding to request and receive a court review hearing pursuant to the provisions of chapter 13.34 RCW or applicable court rules.

Sec. 3. RCW 13.70.140 and 1989 1st ex.s. c 17 s 16 are each amended to read as follows:

((For cases which are subject to the foster care citizen review board pilot project under RCW 13.70.005, a court review hearing shall occur no later than eighteen months following commencement of the child's placement episode.)) A permanency planning hearing shall be held before the court in accordance with RCW 13.34.145. Thereafter, court review hearings shall occur at least once every ((year)) six months, under RCW 13.34.130(5), until the child is no longer within the jurisdiction of the court or the child returns home or a guardianship order or adoption decree is entered. The court may review the case more frequently upon the court's own motion or upon the request of any party to the proceeding ((or the citizen review board assigned to the child's case)).

NEW SECTION. Sec. 4. A new section is added to chapter 74.14A RCW to read as follows:

The secretary shall:

(1)(a) Consult with relevant qualified professionals to develop a set of minimum guidelines to be used for identifying all children who are in a state-assisted support system, whether at-home or out-of-home, who are likely to need long-term care or assistance, because they face physical, emotional, medical, mental, or other long-term challenges.

(b) The guidelines must, at a minimum, consider the following criteria for identifying children in need of long-term care or assistance:

(i) Placement within the foster care system for two years or more;

(ii) Multiple foster care placements;

(iii) Repeated unsuccessful efforts to be placed with a permanent adoptive family;

(iv) Chronic behavioral or educational problems;

(v) Repetitive criminal acts or offenses;

(vi) Failure to comply with court-ordered disciplinary actions and other imposed guidelines of behavior, including drug and alcohol rehabilitation; and

(vii) Chronic physical, emotional, medical, mental, or other similar conditions necessitating long-term care or assistance;

(2) Develop programs that are necessary for the long-term care of children and youth that are identified for the purposes of this section. Programs must: (a) Effectively address the educational, physical, emotional, mental, and medical needs of children and youth; and (b) incorporate an array of family support options, to individual needs and choices of the child and family. The programs must be ready for implementation by January 1, 1994;

(3) Conduct an evaluation of all children currently within the foster care agency caseload to identify those children who meet the criteria set forth in this section. The evaluation shall be completed by January 1, 1994. All children entering the foster care system after January 1, 1994, must be evaluated for identification of long-term needs within thirty days of placement;

(4) Study and develop a comprehensive plan for the evaluation and identification of all children and youth in need of long-term care or assistance, including, but not limited to, the mentally ill, developmentally disabled, medically fragile, seriously emotionally or behaviorally disabled, and physically impaired;

(5) Study and develop a plan for the children and youth in need of long-term care or assistance to ensure the coordination of services between the department's divisions and between other state agencies who are involved with the child or youth.

(6) Study and develop guidelines for transitional services, between long-term care programs, based on the person's age or mental, physical, emotional, or medical condition; and

(7) Study and develop a statutory proposal for the emancipation of minors and report its findings and recommendations to the legislature by January 1, 1994."

MOTION

On motion of Senator Talmadge, the following amendment by Senators Deccio and Talmadge was adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 13.70.005 and 1991 c 363 s 14 and 1991 c 127 s 2 are each reenacted and amended to read as follows:

The administrator for the courts shall coordinate and assist, within available funds, in the administration of ((the)) local citizen review boards ((pilot program)) created by this chapter.

Sec. 2. RCW 13.70.100 and 1989 1st ex.s. c 17 s 12 are each amended to read as follows:

(1) This section shall apply to cases where a child has been placed in substitute care pursuant to written parental consent and a dependency petition has not been filed under chapter 13.34 RCW. If a dependency petition is subsequently filed and the child's placement in substitute care continues pursuant to a court order entered in a proceeding under chapter 13.34 RCW, the provisions set forth in RCW 13.70.110 shall apply.

(2) Within thirty days following commencement of the placement episode, the department shall send a copy of the written parental consent to the juvenile court with jurisdiction over the geographical area in which the child resides.

(3) Within forty-five days following commencement of the placement episode, the court shall assign the child's case to a board and forward to the board a copy of the written parental consent to placement.

(4) The board shall review the case plan for each child in substitute care whose case is assigned to the board by the court. The review shall take place at times set by the board. The first review shall occur within ninety days following commencement of the placement episode. The second review shall occur within six months following commencement of the placement episode. The ((next)) final board review shall occur ((within one year following commencement of the placement episode)) no later than six months following the second review unless the child is no longer in substitute care or unless a guardianship order or adoption decree is entered.

(5) The board shall prepare written findings and recommendations with respect to:

(a) Whether reasonable efforts were made before the placement to prevent or eliminate the need for removal of the child from the home;

(b) Whether reasonable efforts have been made subsequent to the placement to make it possible for the child to be returned home;

(c) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration has been given to placement with the child's relatives;

(d) Whether there is a continuing need for and whether the placement is appropriate;

(e) Whether there has been compliance with the case plan;

(f) Whether progress has been made toward alleviating the need for placement;

(g) A likely date by which the child may be returned home or other permanent plan of care may be implemented; and

(h) Other problems, solutions, or alternatives the board determines should be explored.

(6) Within ten working days following the review, the board shall send a copy of its findings and recommendations to the child's parents and their attorneys, the child's custodians and their attorneys, mature children and their attorneys, and the department and other child placement agencies directly responsible for supervising the child's placement. If the child is an Indian as defined in the Indian child welfare act, 25 U.S.C. 1901 et seq., a copy of the board's findings and recommendations shall also be sent to the child's Indian tribe.

(7) If the department is unable or unwilling to implement the board recommendations, the department shall submit to the board, within ten working days after receipt of the findings and recommendations, an implementation report setting forth the reasons why the department in unable or unwilling to implement the board's recommendations. The report will also set forth the case plan which the department intends to implement.

(8) The court shall not review the findings and recommendations of the board in cases where the child has been placed in substitute care with signed parental consent unless a dependency petition has been filed and the child has been taken into custody under RCW 13.34.050.

Sec. 3. RCW 13.70.110 and 1991 c 127 s 5 are each amended to read as follows:

(1) This section shall apply to cases where a child has been placed in substitute care pursuant to a proceeding under chapter 13.34 RCW.

(3) The board shall review the case plan for each child whose case is assigned to the board by the court. The review shall take place at times set by the board. The first review shall occur ((within ninety days following commencement of the placement episode)) no later than six months following the second review unless the child is no longer within the jurisdiction of the court, no longer in substitute care, or a guardianship order or adoption decree is entered. The second review shall occur within six months following commencement of the placement episode. The ((next)) final board review shall occur within one year after commencement of the placement episode. ((Within eighteen months following commencement of the placement episode, a permanency planning hearing shall be held before the court in accordance with RCW 13.34.145. Thereafter, the court shall assign the child's case for a board review or a court review hearing pursuant to RCW 13.34.130(5). A board review or a court review hearing shall take place at least once every six months until the child is no longer within the jurisdiction of the court or no longer in substitute care or until a guardianship order or adoption decree is entered. After the permanency planning hearing, a court review hearing must occur at least once a year as provided in RCW 13.34.130. The board shall review any case where a petition to terminate parental rights has been denied, and such review shall occur as soon as practical but no later than forty-five days after the denial.))

(4) The board shall prepare written findings and recommendations with respect to:

(b) Whether reasonable efforts have been made subsequent to the placement to make it possible for the child to be returned home;

(c) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration has been given to placement with the child's relatives;

(d) Whether there is a continuing need for placement and whether the placement is appropriate;

(e) Whether there has been compliance with the case plan;

(f) Whether progress has been made toward alleviating the need for placement;

(g) A likely date by which the child may be returned home or other permanent plan of care may be implemented; and

(h) Other problems, solutions, or alternatives the board determines should be explored.

(7) Within forty-five days following the review, the board shall either:

(a) Schedule the case for further review by the board; or

Sec. 4. RCW 13.70.140 and 1989 1st ex.s. c 17 s 16 are each amended to read as follows:

NEW SECTION. Sec. 5. A new section is added to chapter 74.14A RCW to read as follows:

The secretary shall:

(b) The guidelines must, at a minimum, consider the following criteria for identifying children in need of long-term care or assistance:

(i) Placement within the foster care system for two years or more;

(ii) Multiple foster care placements;

(iii) Repeated unsuccessful efforts to be placed with a permanent adoptive family;

(iv) Chronic behavioral or educational problems;

(v) Repetitive criminal acts or offenses;

(vi) Failure to comply with court-ordered disciplinary actions and other imposed guidelines of behavior, including drug and alcohol rehabilitation; and

(vii) Chronic physical, emotional, medical, mental, or other similar conditions necessitating long-term care or assistance;

(6) Study and develop guidelines for transitional services, between long-term care programs, based on the person's age or mental, physical, emotional, or medical condition; and

(7) Study and develop a statutory proposal for the emancipation of minors and report its findings and recommendations to the legislature by January 1, 1994."

MOTIONS

On motion of Senator Talmadge, the following title amendment was adopted:

On page 1, line 2 of the title, after "care;" strike the remainder of the title and insert "amending RCW 13.70.100, 13.70.110, and 13.70.140; reenacting and amending RCW 13.70.005; and adding a new section to chapter 74.14A RCW."

On motion of Senator Talmadge, the rules were suspended, House Bill No. 1858, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Oke, Senator Linda Smith was excused.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1858, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1858, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.

Excused: Senators McCaslin, Moyer, Niemi, Owen, Skratek and Smith, L. - 6.

HOUSE BILL NO. 1858, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1957, by House Committee on Health Care (originally sponsored by Representatives Dellwo, Wolfe, R. Meyers, Pruitt, L. Johnson, J. Kohl, Conway and Karahalios) (by request of Insurance Commissioner)

Creating the Washington health care coverage determination board.

The bill was read the second time.

MOTIONS

Senator Talmadge moved that the following Committee on Health and Human Services amendment be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. Because uneven practices have developed in this state that are adverse to the public interest, it is the purpose and intent of the legislature to provide an impartial and expeditious mechanism to assist the insurance commissioner in determining whether coverage for particular health care procedures, treatments, or drugs may be denied by issuers of health care coverage under their contracts on the basis that the procedures, treatments, or drugs are experimental or investigational.

NEW SECTION. Sec. 2. Unless the contest clearly requires otherwise, the following definitions apply throughout this chapter:

(1) "Committee" means the medical health coverage benefit determination committee created in section 3 of this act.

(2) "Health coverage issuer" or "issuer" means:

(a) Every insurer, as defined in RCW 48.01.050, having a certificate of authority to transact disability insurance, as defined in RCW 48.11.030, in this state;

(b) Every health care service contractor, as defined in RCW 48.44.010(3), registered to transact business in this state;

(c) Every health maintenance organization, as defined in RCW 48.46.020(1), registered to transact business in this state;

(d) The Washington basic health plan, as defined in RCW 70.47.020(1);

(e) The Washington state health care authority, as defined in chapter 41.05 RCW;

(f) Every local government self-insured health and welfare benefit plan or program regulated under chapter 48.62 RCW; or

(g) The Washington state health insurance pool as defined in chapter 48.41 RCW.

NEW SECTION. Sec. 3. (1)(a) There is hereby created in the office of the insurance commissioner, the medical health coverage benefit determination committee consisting of nine members appointed by the commissioner on the basis of their knowledge and experience in health care services. In appointing the members the commissioner shall seek to appoint persons exhibiting a balance of and having a wide breadth of experience and knowledge in the treatment, research, and public or private funding of health care services.

(b) Seven members of the committee shall be medical or health professionals, one member shall represent consumers, and one member shall represent issuers of health insurance coverage.

(2) Members of the committee shall be appointed for a term of four years and shall serve until their successors are appointed by the insurance commissioner. The terms of the original members of the committee shall be staggered so that two members shall be appointed to serve until June 1, 1994, two members until June 1, 1995, two members until June 1, 1996, and three members until June 1, 1997.

(3) The commissioner may remove a member of the committee only for inefficiency, malfeasance, or misfeasance.

(4) The committee shall meet at the request of the commissioner to:

(a) Consider, develop, and recommend criteria to guide future actions of issuers of health care coverage in determining whether a procedure, treatment, drug, or other health care service is no longer experimental or investigational for purposes of extending coverage;

(b) Consider and decide whether a procedure, treatment, drug, or other health care service is no longer experimental or investigational; and

(c) Consider actual specific denials of health coverage because the proposed medical procedure is considered by the issuer to be experimental or investigative and decide whether the denial was appropriate.

(5) Members of the committee shall receive reimbursement for expenses incurred in the discharge of their duties in accordance with RCW 43.03.050 and 43.03.060.

(6) The insurance commissioner shall provide the committee with administrative, material, and staff support necessary for the proper functioning of the committee and may adopt all rules necessary to implement the provisions of this chapter.

NEW SECTION. Sec. 4. (1) In making a recommendation as to whether a procedure, treatment, drug, or other health care service is no longer experimental or investigative and in reviewing denials of individual coverage, the committee shall:

(a) Take into account findings, studies, or research conducted in this country and abroad;

(b) Consider whether treating physicians find the procedure, drug, or treatment efficacious or necessary for the health or survival of the patient, or whether there is a potential benefit to the public as a whole, as for example, where a disease is rare and treatment for it may remain experimental for the foreseeable future; and

(2) After considering all relevant information before it on each issue or denial of coverage, and recognizing that time is of the essence, the committee shall issue a written recommendation to the commissioner detailing its findings and conclusions.

(3) The commissioner shall publish at least once a year, and make available to the public and issuers of health care coverage, a summary of the committee's deliberations, recommendations, and conclusions.

NEW SECTION. Sec. 5. This chapter shall expire on July 1, 1998.

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act shall constitute a new chapter in Title 48 RCW."

On motion of Senator Talmadge, the following amendments by Senator Moyer to the Committee on Health and Human Services striking amendment were considered simultaneously and were adopted:

On page 3, line 13 of the amendment, after "future;" strike "and"

On page 3, line 14 of the amendment, after "information" insert "; and

(d) Consider federal medicare guidelines"

MOTIONS

On motion of Senator Talmadge, the following amendments to the Committee on Health and Human Services striking amendment were considered simultaneously and were adopted:

On page 3, after line 21 of the amendment, insert the following:

"NEW SECTION. Sec. 5. Effective January 1, 1996, if Engrossed Second Substitute Senate Bill No. 5304 is enacted into law and after necessary implementing regulations are adopted by the services effectiveness technical committee, the committee created by section 3 of this act shall terminate, and powers and duties conferred by sections 1 through 4 of this act shall be performed by the services effectiveness technical committee or panels created by Engrossed Second Substitute Senate Bill No. 5304."

Renumber the remaining sections consecutively and correct internal references accordingly.

On page 3, line 27 of the amendment, after "through" strike "6" and insert "7"

On motion of Senator Talmadge, the following amendment to the Committee on Health and Human Services striking amendment was adopted:

On page 3, after line 26 of the amendment, insert the following:

"NEW SECTION. Sec. 7. If Engrossed Second Substitute Senate Bill No. 5304 is enacted into law, the committee created by section 3 of this act shall terminate, and powers and duties conferred by sections 1 through 4 of this act shall be performed by the services effectiveness technical committee created by Engrossed Second Substitute Senate Bill No. 5304."

Renumber the remaining section consecutively.

The President declared the question before the Senate to be the adoption of the Committee on Health and Human Services striking amendment, as amended, to Engrossed Substitute House Bill No. 1957.

The Committee on Health and Human Services striking amendment, as amended, to Engrossed Substitute House Bill No. 1957 was adopted.

MOTIONS

On motion of Senator Talmadge, the following title amendments were considered simultaneously and were adopted:

On page 1, beginning on line 2 of the title, after "committee" strike the remainder of the title and insert "adding a new chapter to Title 48 RCW; and providing an expiration date."

On page 4, line 6 of the title amendment, after "RCW;" insert "creating a new section;"

On motion of Senator Talmadge, the rules were suspended, Engrossed Substitute House Bill No. 1957, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Spanel, Senator Rinehart was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1957, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1957, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.

Excused: Senators McCaslin, Moyer, Niemi, Owen, Rinehart, Skratek and Smith, L. - 7.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1957, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1802, by House Committee on Health Care (originally sponsored by Representatives Veloria, Dellwo, Ballasiotes, Romero, Flemming, Lisk and Thibaudeau)

Modifying marriage and family therapist certification.

The bill was read the second time.

MOTIONS

Senator Talmadge moved that the following Committee on Health and Human Services amendment be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 18.19.130 and 1991 c 3 s 28 are each amended to read as follows:

(1) The department shall issue a certified marriage and family therapist certificate to any applicant meeting the following requirements:

(a)(((i))) A master's or doctoral degree in marriage and family therapy ((or its equivalent from an approved school that shows evidence of the following course work: (A) Marriage and family systems, (B) marriage and family therapy, (C) individual development, (D) assessment of psychopathology, (E) human sexuality, (F) research methods, (G) professional ethics and laws, and (H) a minimum of one year in the practice of marriage and family therapy under the supervision of a qualified marriage and family therapist;

(ii) Two years of postgraduate practice of marriage and family therapy under the supervision of a qualified marriage and family therapist; and

(iii) Passing scores on both written and oral examinations administered by the department for marriage and family therapists; or

(b) In the alternative, an applicant completing a master's or doctoral degree program in marriage and family therapy or its equivalent from an approved graduate school before or within eighteen months of July 26, 1987, may qualify for the examination)), or a behavioral science master's or doctoral degree and the program equivalency as determined by rule by the department based on nationally recognized standards;

(b)(i) After receiving a master's or doctoral degree in marriage and family therapy, two years of postgraduate practice of marriage and family therapy, under the supervision of a qualified marriage and family therapy supervisor;

(ii) After receiving a master's or doctoral degree in a behavioral science, two years of postgraduate practice in marriage and family therapy under supervision of a qualified marriage and family supervisor, which may be accumulated concurrently with completion of the program equivalency as adopted by the department by rule; and

(c) A passing score on a written examination that includes a section on Washington's statutes and rules, including provisions of the uniform disciplinary act, approved by the department for certified marriage and family therapists.

(2) ((Except as provided in RCW 18.19.160, an applicant is exempt from the examination provisions of this section under the following conditions if application for exemption is made within twelve months after July 26, 1987:

(a) The applicant shall establish to the satisfaction of the secretary that he or she has been engaged in the practice of marriage and family therapy as defined in this chapter for two of the previous four years; and

(b) The applicant has the following academic qualifications: (i) A doctorate or master's degree in marriage and family therapy or its equivalent from an approved graduate school; and (ii) two years of postgraduate experience under the supervision of a marriage and family therapist who qualifies for certification under this chapter or under the supervision of any other professional deemed appropriate by the secretary.

(3))) The practice of marriage and family therapy is that aspect of counseling that involves ((the assessment and treatment of impaired marriage or family relationships including, but not limited to, premarital and postdivorce relationships and the enhancement of marital and family relationships via use of educational, sociological, and psychotherapeutic theories and techniques)) the rendering of professional marriage and family therapy services to individuals, couples, and families, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise. "Marriage and family therapy" means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of marriage and family systems. Marriage and family therapy involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating such diagnosed nervous and mental disorders."

On motion of Senator Deccio, the following amendments by Senators Deccio and Talmadge to the Committee on Health and Human Services striking amendment were considered simultaneously and were adopted:

On page 2, line 38 of the committee amendment, after "of" strike "psychotherapeutic and"

On page 3, line 2 of the committee amendment, after "such" strike "diagnosed nervous and mental"

The President declared the question before the Senate to be the adoption of the Committee of Health and Human Services striking amendment, as amended, to Substitute House Bill No. 1802.

The Committee on Health and Human Services striking amendment, as amended, to Substitute House Bill No. 1802 was adopted.

MOTIONS

On motion of Senator Talmadge, the following title amendment was adopted:

On page 1, line 1 of the title, after "therapists;" strike the remainder of the title and insert "and amending RCW 18.19.130."

On motion of Senator Talmadge, the rules were suspended, Substitute House Bill No. 1802, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1802, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1802, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 3; Absent, 0; Excused, 7.

Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 39.

Voting nay: Senators Anderson, Barr and Williams - 3.

Excused: Senators McCaslin, Moyer, Niemi, Owen, Rinehart, Skratek and Smith, L. - 7.

SUBSTITUTE HOUSE BILL NO. 1802, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Jesernig, the Senate returned to the fourth order of business.

MESSAGE FROM THE HOUSE

March 7, 1993

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5157 with the following amendment(s):

On page 1, strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 12.20.060 and 1985 c 240 s 2 are each amended to read as follows:

When the prevailing party in district court is entitled to recover costs as authorized in RCW 4.84.010 in a civil action, the judge shall add the amount thereof to the judgment; in case of failure of the plaintiff to recover or of dismissal of the action, the judge shall enter up a judgment in favor of the defendant for the amount of his or her costs; and in case any party so entitled to costs is represented in the action by an attorney, the judge shall include attorney's fees of ((fifty)) one hundred twenty-five dollars as part of the costs: PROVIDED, HOWEVER, That the plaintiff shall not be entitled to such attorney fee unless he or she obtains, exclusive of costs, a judgment in the sum of ((twenty-five)) fifty dollars or more.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Adam Smith, the Senate refuses to concur in the House amendment to Engrossed Substitute Senate Bill No. 5157 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 8, 1993

MR. PRESIDENT:

The House has passed SENATE BILL NO. 5375 with the following amendment(s):

On page 1, line 11, after "contracts" strike everything through "process." and insert "((negotiated without an open competitive process)), to centralize the location of information about personal service contracts for ease of public review, and ensure proper accounting of personal services expenditures."

On page 4, after line 8, insert the following:

"Sec. 5. RCW 39.29.018 and 1987 c 414 s 5 are each amended to read as follows:

(1) Sole source contracts shall be filed with the office of financial management and the legislative budget committee and made available for public inspection at least ten working days prior to the proposed starting date of the contract. Documented justification for sole source contracts shall be provided to the office of financial management and the legislative budget committee when the contract is filed. For sole source contracts of ten thousand dollars or more that are state funded, documented justification shall include evidence that the agency attempted to identify potential consultants by advertising through state-wide or regional newspapers or other appropriate media or by notifying consultants on established bidders' lists approved by the office of financial management.

(2) The office of financial management shall approve sole source contracts of ten thousand dollars or more that are state funded, before any such contract becomes binding and before any services may be performed under the contract. These requirements shall also apply to sole source contracts of less than ten thousand dollars if the total amount of such contracts between an agency and the same consultant is ten thousand dollars or more within a fiscal year. The office of financial management shall ensure that the costs, fees, or rates negotiated in filed sole source contracts of ten thousand dollars or more are reasonable.

NEW SECTION. Sec. 6. A new section is added to chapter 39.29 RCW to read as follows:

Personal services may be procured only to resolve a particular agency problem or issue or to expedite a specific project that is temporary in nature. An agency may procure personal services only if it documents that:

(1) The service is critical to agency responsibilities or operations, or is mandated or authorized by the legislature;

(2) Sufficient staffing or expertise is not available within the agency to perform the service; and

(3) Other qualified public resources are not available to perform the service.

NEW SECTION. Sec. 7. A new section is added to chapter 39.29 RCW to read as follows:

(1) State-funded personal service contracts subject to competitive solicitation shall be filed with the office of financial management and the legislative budget committee and made available for public inspection at least ten working days before the proposed starting date of the contract.

(2) The office of financial management shall review and approve state-funded personal service contracts subject to competitive solicitation that provide services relating to management consulting, organizational development, marketing, communications, employee training, or employee recruiting.

NEW SECTION. Sec. 8. A new section is added to chapter 39.29 RCW to read as follows:

The office of financial management shall maintain a publicly available list of all personal service contracts entered into by state agencies during each fiscal year. The list shall identify the contracting agency, the contractor, the purpose of the contract, effective dates and periods of performance, the cost of the contract and funding source, any modifications to the contract, and whether the contract was competitively procured or awarded on a sole source basis. The office of financial management shall also ensure that state accounting definitions and procedures are consistent with RCW 39.29.006 and permit the reporting of personal services expenditures by agency and by type of service. Designations of type of services shall include, but not be limited to, management and organizational services, legal and expert witness services, financial services, computer and information services, social or technical research, marketing, communications, and employee training or recruiting services. The office of financial management shall report annually to the fiscal committees of the senate and house of representatives on sole source contracts filed under this chapter. The report shall describe: (1) The number and aggregate value of contracts for each category established in this section; (2) the number and aggregate value of contracts of two thousand five hundred dollars or greater but less than ten thousand dollars; (3) the number and aggregate value of contracts of ten thousand dollars or greater; (4) the justification provided by agencies for the use of sole source contracts; and (5) any trends in the use of sole source contracts.

NEW SECTION. Sec. 9. A new section is added to chapter 39.80 RCW to read as follows:

Contracts entered into by any state agency for architectural and engineering services, and modifications thereto, shall be reported to the office of financial management on a quarterly basis, in such form as the office of financial management prescribes.", and the same are herewith transmitted.

MOTION

On motion of Senator Haugen, the Senate refuses to concur in the House amendment to Senate Bill No. 5375 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 12, 1993

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 5405 with the following amendment(s):

On page 1, line 9, after "((twenty))" strike "thirty-five" and insert "fifty"

On page 1, beginning on line 19, after "repair" strike everything through "dollars" on page 2, line 1 and insert "((does not exceed the sum of seventy-five hundred dollars)) will not exceed fifteen thousand dollars if more than one craft or trade is involved with the school district improvement or repair, or nine thousand dollars if a single craft or trade is involved with the school district improvement or repair. The restriction in this subsection does not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by employees on a single project"

On page 2, line 15, after "((twenty))" strike "thirty-five" and insert "fifty"

On page 2, line 18, after "((twenty))" strike "thirty-five" and insert "fifty"

On page 2, beginning on line 22, after "excess of" strike everything through "process" on line 24 and insert "((seventy-five hundred dollars, shall be on a competitive bid process)) fifteen thousand dollars if more than one craft or trade is involved with the school district improvement or repair, or nine thousand dollars if a single craft or trade is involved with the school district improvement or repair, shall be on a competitive basis. The restriction in this subsection does not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by employees on a single project"

On page 2, at the beginning of line 25, strike "thirty-five" and insert "fifty"

On page 3, line 2, after "((twenty))" strike "thirty-five" and insert "fifty", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Pelz, the Senate refuses to concur in the House amendments to Substitute Senate Bill No. 5405 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 15, 1993

MR. PRESIDENT:

The House has passed SENATE BILL NO. 5577 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9A.44.010 and 1988 c 146 s 3 are each amended to read as follows:

As used in this chapter:

(1) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration, however slight, and

(b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and

(c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

(2) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party.

(3) "Married" means one who is legally married to another, but does not include a person who is living separate and apart from his or her spouse and who has filed in an appropriate court for legal separation or for dissolution of his or her marriage.

(4) "Mental incapacity" is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, the influence of a substance or from some other cause.

(5) "Physically helpless" means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

(6) "Forcible compulsion" means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped.

(7) "Consent" means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.

(8) "Significant relationship" means a situation in which the perpetrator is:

(a) A person who undertakes the responsibility, professionally or voluntarily, to provide education, health, welfare, or organized recreational activities principally for minors; or

(b) A person who in the course of his or her employment supervises minors.

(9) "Abuse of a supervisory position" means a direct or indirect threat or promise to use authority to the detriment or benefit of a minor.

(10) "Developmentally disabled," for purposes of RCW 9A.44.050(1)(c) and 9A.44.100(1)(c), means a person with a developmental disability as defined in RCW ((71.20.016)) 71A.10.020.

(11) "Person with supervisory authority," for purposes of RCW 9A.44.050(1)(c) or (e) and 9A.44.100(1)(c) or (e), means any proprietor or employee of any public or private care or treatment facility who directly supervises developmentally disabled, mentally disordered, or chemically dependent persons at the facility.

(12) "Mentally disordered person" for the purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person with a "mental disorder" as defined in RCW 71.05.020(2).

(13) "Chemically dependent person" for purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person who is "chemically dependent" as defined in RCW 70.96A.020(4).

(14) "Health care provider" for purposes of RCW 9A.44.050 and 9A.44.100 means a person who is, holds himself or herself out to be, or provides services as if he or she were: (a) A member of a health care profession under chapter 18.130 RCW; or (b) registered or certified under chapter 18.19 RCW, regardless of whether the health care provider is licensed, certified, or registered by the state.

(15) "Treatment" for purposes of RCW 9A.44.050 and 9A.44.100 means the active delivery of professional services by a health care provider which the health care provider holds himself or herself out to be qualified to provide.

Sec. 2. RCW 9A.44.050 and 1990 c 3 s 901 are each amended to read as follows:

(1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:

(a) By forcible compulsion;

(b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated; ((or))

(c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment; or

(e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim.

(2) Rape in the second degree is a class A felony.

Sec. 3. RCW 9A.44.100 and 1988 c 146 s 2 are each amended to read as follows:

(1) A person is guilty of indecent liberties when he knowingly causes another person who is not his spouse to have sexual contact with him or another:

(a) By forcible compulsion; or

(b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless; ((or))

(c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment; or

(2) Indecent liberties is a class B felony.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Adam Smith, the Senate refuses to concur in the House amendment to Senate Bill No. 5577 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 12, 1993

MR. PRESIDENT:

The House has passed SENATE BILL NO. 5675 with the following amendment(s):

On page 1, after the enacting clause, strike the remainder of the bill and insert:

"NEW SECTION. Sec. 1. A new section is added to chapter 36.89 RCW to read as follows:

Whenever a city or town annexes an area, or a city or town incorporates an area, and the county has issued revenue bonds or general obligation bonds to finance storm water control facilities that are payable in whole or in part from rates or charges imposed in the area, the county shall continue imposing all portions of the rates or charges that are allocated to payment of the debt service on bonds in that area after the effective date of the annexation or official date of the incorporation until: (1) The debt is retired; (2) any debt that is issued to refinance the underlying debt is retired; or (3) the city or town reimburses the county amount that is sufficient to retire that portion of the debt borne by the annexed or incorporated area. The county shall construct all facilities included in the storm water plan intended to be financed by the proceeds of such bonds. If the county provides storm water management services to the city or town by contract, the contract shall consider the value of payments made by property owners to the county for the payment of debt service.

The provisions of this section apply whether or not the bonds finance facilities that are geographically located within the area that is annexed or incorporated.

NEW SECTION. Sec. 2. A new section is added to chapter 36.94 RCW to read as follows:

Whenever a city or town annexes an area, or a city or town incorporates an area, and the county has issued revenue bonds or general obligation bonds to finance storm or surface water drains or facilities that are payable in whole or in part from rates or charges imposed in the area, the county shall continue imposing all portions of the rates or charges that are allocated to payment of the debt service on bonds in that area after the effective date of the annexation or official date of the incorporation until: (1) The debt is retired; (2) any debt that is issued to refinance the underlying debt is retired; or (3) the city or town reimburses the county amount that is sufficient to retire that portion of the debt borne by the annexed or incorporated area. The county shall construct all facilities included in the storm water plan intended to be financed by the proceeds of such bonds. If the county provides storm water management services to the city or town by contract, the contract shall consider the value of payments made by property owners to the county for the payment of debt service.

The provisions of this section apply whether or not the bonds finance facilities that are geographically located within the area that is annexed or incorporated.

Sec. 3. RCW 36.89.080 and 1970 ex.s. c 30 s 7 are each amended to read as follows:

Any ((board of county commissioners)) county legislative authority may provide by resolution for revenues by fixing rates and charges for the furnishing of service to those served or receiving benefits or to be served or to receive benefits from any storm water control facility or contributing to an increase of surface water runoff. In fixing rates and charges, the ((board)) county legislative authority may in its discretion consider: (1) Services furnished or to be furnished((,)); (2) benefits received or to be received((,)); (3) the character and use of land((,)) or its water runoff characteristics; (4) the nature or type of land user; or (5) any other matters which present a reasonable difference as a ground for distinction. ((Such)) The service charges and rates collected shall be deposited in a special fund or funds in the county treasury to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating storm water control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Haugen, the Senate concurs in Sections 1 and 2, and refuses to concur in Section 3 of the House amendment to Senate Bill No. 5675 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 15, 1993

MR. PRESIDENT:

The House has passed SENATE BILL NO. 5828 with the following amendment(s):

On page 7, line 20, strike all of section 4.

Renumber the remaining sections consecutively and correct any internal references accordingly., and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

Senator Bauer moved that the Senate refuse to concur in the House amendment to Senate Bill No. 5828 and asks the House to recede therefrom.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Bauer that the Senate do not concur in the House amendment to Substitute House Bill No. 5828.

The motion by Senator Bauer carried and the Senate refuses to concur in the House amendment to Senate Bill No. 5828 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 6, 1993

MR. PRESIDENT:

The House has passed SENATE BILL NO. 5851 with the following amendment(s):

On page 1, line 10, strike "((eight)) four" and insert "eight"

On page 1, line 13, strike "A member" and insert "((A member)) Two members"

On page 1, line 18, strike "A member" and insert "((A member)) Two members", and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk

MOTION

On motion of Senator Cantu, the Senate refuses to concur in the House amendments to Senate Bill No. 5851 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 15, 1993

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5844 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 43.150 RCW to read as follows:

A volunteer organization or individual volunteer may assist a public agency, with the agency's approval, in a collaborative program designed to serve the needs of at-risk children. The center, with the advice and counsel of the attorney general, shall develop guidelines defining at-risk children and establish reasonable safety standards to protect the safety of program participants and volunteers, including but not limited to background checks for program supervisors or as appropriate as provided in RCW 43.43.830 through 43.43.834. In carrying out the volunteer activity, the individual volunteer or member of the volunteer organization shall not be considered to be an employee or agent of any public agency involved in the collaborative program. Prior to participation, a volunteer and the public agency administering the collaborative program shall sign a written master agreement, approved in form by the attorney general, that includes provisions defining the scope of the volunteer activities and waiving any claims against each other. An individual volunteer shall not be liable for civil damages resulting from any act or omission arising from volunteer activities which comply with safety standards issued by the center for volunteerism and citizen service, other than acts or omissions constituting gross negligence or wilful or wanton misconduct. In any action for damages against a public agency or volunteer organization, a claimant must establish by a preponderance of the evidence that a public agency or other sponsor of a program under this section failed to comply with reasonable safety standards established by the center.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Haugen, the Senate refuses to concur in the House amendment to Engrossed Substitute Senate Bill No. 5844 and asks the House to recede therefrom.

PARLIAMENTARY INQUIRY

Senator Vognild: "A parliamentary inquiry, Mr. President. On Senate Bill No. 5675, we passed a motion to concur with Sections 1 and 2 and to not concur in Section 3. Mr. President, that was a striking amendment and I do not believe that we can concur with a portion of an amendment. If they were separate amendments, we could concur with one or two amendments and not concur with the other, but that is one amendment, Mr. President, and I am very concerned that if that is the procedure we are going to use, that we are going to have messages flying back and forth that we concur with the first sentence, but we don't concur with the second sentence of an amendment. I would like a ruling, Mr. President, please."

RULING BY THE PRESIDENT

President Pritchard: "Senator Vognild, in responding to your parliamentary inquiry, it is the practice where the measures are easily divisible, for us to make that assertion and rule that way. Obviously, we are really better off in most cases if we don't do it, but it has been the practice for many years where it can be easily divided, that we have done that and have done it in this case. I think in this case it is easily divided, but I would agree with you that it is not the best practice. I would hope that we would use it very judicially."

MOTION

On motion of Senator Oke, Senator Anderson was excused.

MESSAGE FROM THE HOUSE

April 13, 1993

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 5035 with the following amendment(s):

On page 2, line 15, after "town" insert ", if the city or town has a population less than five thousand,"

On page 2, line 15, after "any" insert "county,", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Drew, the Senate concurred in the House amendments to Substitute Senate Bill No. 5035.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5035, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5035, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 36; Nays, 3; Absent, 3; Excused, 7.

Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Smith, A., Snyder, Spanel, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 36.

Voting nay: Senators Cantu, Hochstatter and Newhouse - 3.

Absent: Senators Deccio, Hargrove and Sutherland - 3.

Excused: Senators Anderson, McCaslin, Moyer, Niemi, Owen, Skratek and Smith, L. - 7.

SUBSTITUTE SENATE BILL NO. 5035, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Oke, Senator Deccio was excused.

MESSAGE FROM THE HOUSE

April 13, 1993

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 5048 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 39.04.155 and 1991 c 363 s 109 are each amended to read as follows:

(1) This section provides a uniform process to award contracts for public works projects by those ((counties)) municipalities that are authorized to use a small works roster in lieu of the requirements for formal sealed bidding. The state statutes governing ((counties)) a specific type of municipality shall establish the maximum dollar thresholds of the contracts that can be awarded under this process, and may include other matters concerning the small works roster process, for the ((county)) municipality.

(2) ((Counties)) Such municipalities may create a single general small works roster, or may create a small works roster for different categories of anticipated work. The small works roster or rosters shall consist of all responsible contractors who have requested to be on the list, and where required by law are properly licensed or registered to perform such work in this state. At least ((once)) twice a year, the ((county)) municipality shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters.

The governing body of the ((county)) municipality shall establish a procedure for securing telephone or written quotations from the contractors on the general small works roster, or a specific small works roster for the appropriate category of work, to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 43.19.1911. Such invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. Whenever possible at least five contractors shall be invited to submit bids. Once a contractor has been afforded an opportunity to submit a proposal, that contractor shall not be offered another opportunity until all other appropriate contractors on the small works roster have been afforded an opportunity to submit a proposal on a contract. Proposals may be invited from all appropriate contractors on the small works roster.

A contract awarded from a small works roster under this section need not be advertised.

Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry.

Sec. 2. RCW 39.04.190 and 1991 c 363 s 110 are each amended to read as follows:

(1) This section provides a uniform process to award contracts for the purchase of any materials, equipment, supplies, or services by those ((counties)) municipalities that are authorized to use this process in lieu of the requirements for formal sealed bidding. The state statutes governing ((counties)) a specific type of municipality shall establish the maximum dollar thresholds of the contracts that can be awarded under this process, and may include other matters concerning the awarding of contracts for purchases, for the ((county)) municipality.

(2) At least ((once)) twice per year, the ((county)) municipality shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of vendor lists and solicit the names of vendors for the lists. ((Counties)) Municipalities shall by resolution establish a procedure for securing telephone or written quotations, or both, from at least three different vendors whenever possible to assure that a competitive price is established and for awarding the contracts for the purchase of any materials, equipment, supplies, or services to the lowest responsible bidder as defined in RCW 43.19.1911. Immediately after the award is made, the bid quotations obtained shall be recorded, open to public inspection, and shall be available by telephone inquiry. A contract awarded pursuant to this section need not be advertised.

Sec. 3. RCW 39.04.200 and 1991 c 363 s 111 are each amended to read as follows:

Any ((county)) municipality that utilizes the small works roster process established in RCW 39.04.155 to award contracts for public works projects, or the uniform process established in RCW 39.04.190 to award contracts for purchases, must post a list of the contracts awarded under RCW 39.04.155 and 39.04.190 at least once every two months. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract, and the date it was awarded. The list shall also state the location where the bid quotations for these contracts are available for public inspection.

Sec. 4. RCW 39.30.045 and 1991 c 363 s 112 are each amended to read as follows:

Any ((county)) municipality, as defined in RCW 39.04.010, may purchase any supplies, equipment, or materials at auctions conducted by the government of the United States or any agency thereof, any agency of the state of Washington, any municipality or other government agency, or any private party without being subject to public bidding requirements if the items can be obtained at a competitive price.

Sec. 5. RCW 36.32.240 and 1991 c 363 s 57 are each amended to read as follows:

In any county the county legislative authority may by resolution establish a county purchasing department. In each county which exercises this option, the purchasing department shall contract on a competitive basis for all public works, enter into leases of personal property on a competitive basis, and purchase all supplies, materials, and equipment, on a competitive basis, for all departments of the county, as provided in this chapter and chapter 39.04 RCW, except that the county purchasing department is not required to make purchases for the county hospital, or make purchases that are paid from the county road fund or equipment rental and revolving fund.

Sec. 6. RCW 36.32.253 and 1991 c 363 s 63 are each amended to read as follows:

No lease of personal property may be entered into by the county legislative authority or by any elected or appointed officer of the county ((until after bids have been submitted to the county. The county shall use the same)) except upon use of the procedures specified in ((RCW 36.32.245 and 39.04.190)) this chapter and chapter 39.04 RCW for awarding contracts for purchases when it leases personal property from the lowest responsible bidder.

Sec. 7. RCW 36.32.245 and 1991 c 363 s 62 are each amended to read as follows:

(1) No contract for the purchase of materials, equipment, or supplies((, or services)) may be entered into by the county legislative authority or by any elected or appointed officer of the county until after bids have been submitted to the county. Bid specifications shall be in writing and shall be filed with the clerk of the county legislative authority for public inspection. An advertisement shall be published in the official newspaper of the county stating the time and place where bids will be opened, the time after which bids will not be received, the materials, equipment, supplies, or services to be purchased, and that the specifications may be seen at the office of the clerk of the county legislative authority. The advertisement shall be published at least once at least ((ten)) thirteen days prior to the last date upon which bids will be received.

(2) The bids shall be in writing and filed with the clerk. The bids shall be opened and read in public at the time and place named in the advertisement. Contracts requiring competitive bidding under this section may be awarded only to the lowest responsible bidder. Immediately after the award is made, the bid quotations shall be recorded and open to public inspection and shall be available by telephone inquiry. Any or all bids may be rejected for good cause.

(3) For advertisement and formal sealed bidding to be dispensed with as to purchases between two thousand five hundred and twenty-five thousand dollars, the county legislative authority must use the uniform process to award contracts as provided in RCW 39.04.190. Advertisement and formal sealed bidding may be dispensed with as to purchases of less than two thousand five hundred dollars upon the order of the county legislative authority.

(4) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW; or contracts and purchases for the printing of election ballots, voting machine labels, and all other election material containing the names of candidates and ballot titles.

(5) Nothing in this section shall prohibit the legislative authority of any county from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused.

Sec. 8. RCW 36.32.250 and 1991 c 363 s 58 are each amended to read as follows:

No contract for public works may be entered into by the county legislative authority or by any elected or appointed officer of the county until after bids have been submitted to the county upon specifications therefor. Such specifications shall be in writing and shall be filed with the clerk of the county legislative authority for public inspection. An advertisement shall be published in the county official newspaper stating the time and place where bids will be opened, the time after which bids will not be received, the character of the work to be done, the materials and equipment to be furnished, and that specifications therefor may be seen at the office of the clerk of the county legislative authority. An advertisement shall also be published in a legal newspaper of general circulation in or as near as possible to that part of the county in which such work is to be done. If the county official newspaper is a newspaper of general circulation covering at least forty percent of the residences in that part of the county in which such public works are to be done, then the publication of an advertisement of the applicable specifications in the county official newspaper shall be sufficient. Such advertisements shall be published at least once at least ((ten)) thirteen days prior to the last date upon which bids will be received. The bids shall be in writing, shall be filed with the clerk, shall be opened and read in public at the time and place named therefor in the advertisements, and after being opened, shall be filed for public inspection. No bid may be considered for public work unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent of the amount of the bid proposed. The contract for the public work shall be awarded to the lowest responsible bidder. Any or all bids may be rejected for good cause. The county legislative authority shall require from the successful bidder for such public work a contractor's bond in the amount and with the conditions imposed by law. If the bidder to whom the contract is awarded fails to enter into the contract and furnish the contractor's bond as required within ten days after notice of the award, exclusive of the day of notice, the amount of the bid deposit shall be forfeited to the county and the contract awarded to the next lowest and best bidder. The bid deposit of all unsuccessful bidders shall be returned after the contract is awarded and the required contractor's bond given by the successful bidder is accepted by the county legislative authority. In the letting of any contract for public works involving less than ten thousand dollars, advertisement and competitive bidding may be dispensed with on order of the county legislative authority. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry.

For advertisement and competitive bidding to be dispensed with as to public works projects with an estimated value of ten thousand dollars up to one hundred thousand dollars ((or less)), a county must use a small works roster process as provided in RCW 39.04.155.

This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.

Sec. 9. RCW 35.22.620 and 1989 c 431 s 59 are each amended to read as follows:

(1) As used in this section, the term "public works" means as defined in RCW 39.04.010.

(2) A first class city may have public works performed by contract pursuant to public notice and call for competitive bids. As limited by subsection (3) of this section, a first class city may have public works performed by city employees in any annual or biennial budget period equal to a dollar value not exceeding ten percent of the public works construction budget, including any amount in a supplemental public works construction budget, over the budget period. The amount of public works that a first class city has a county perform for it under RCW 35.77.020 shall be included within this ten percent limitation.

If a first class city has public works performed by public employees in any budget period that are in excess of this ten percent limitation, the amount in excess of the permitted amount shall be reduced from the otherwise permitted amount of public works that may be performed by public employees for that city in its next budget period. Twenty percent of the motor vehicle fuel tax distributions to that city shall be withheld if two years after the year in which the excess amount of work occurred, the city has failed to so reduce the amount of public works that it has performed by public employees. The amount so withheld shall be distributed to the city when it has demonstrated in its reports to the state auditor that the amount of public works it has performed by public employees has been so reduced.

Whenever a first class city has had public works performed in any budget period up to the maximum permitted amount for that budget period, all remaining public works within that budget period shall be done by contract pursuant to public notice and call for competitive bids.

The state auditor shall report to the state treasurer any first class city that exceeds this amount and the extent to which the city has or has not reduced the amount of public works it has performed by public employees in subsequent years.

(3) In addition to the percentage limitation provided in subsection (2) of this section, a first class city with a population in excess of one hundred fifty thousand shall not have public employees perform a public works project in excess of fifty thousand dollars if more than a single craft or trade is involved with the public works project, or a public works project in excess of twenty-five thousand dollars if only a single craft or trade is involved with the public works project or the public works project is street signalization or street lighting. In addition to the percentage limitation provided in subsection (2) of this section, a first class city with a population of one hundred fifty thousand or less shall not have public employees perform a public works project in excess of thirty-five thousand dollars if more than one craft or trade is involved with the public works project, or a public works project in excess of twenty thousand dollars if only a single craft or trade is involved with the public works project or the public works project is street signalization or street lighting. A public works project means a complete project. The restrictions in this subsection do not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project.

(4) In addition to the accounting and record-keeping requirements contained in RCW 39.04.070, every first class city annually shall prepare a report for the state auditor indicating the total public works construction budget and supplemental public works construction budget for that year, the total construction costs of public works performed by public employees for that year, and the amount of public works that is performed by public employees above or below ten percent of the total construction budget. However, if a city budgets on a biennial basis, this annual report shall indicate the amount of public works that is performed by public employees within the current biennial period that is above or below ten percent of the total biennial construction budget.

After September 1, 1987, each first class city with a population of one hundred fifty thousand or less shall use the form required by RCW 43.09.205 to account and record costs of public works in excess of five thousand dollars that are not let by contract.

(5) The cost of a separate public works project shall be the costs of materials, supplies, equipment, and labor on the construction of that project. The value of the public works budget shall be the value of all the separate public works projects within the budget.

(6) When any emergency shall require the immediate execution of such public work, upon the finding of the existence of such emergency by the authority having power to direct such public work to be done and duly entered of record, publication of description and estimate may be made within seven days after the commencement of the work. Within two weeks of the finding that such an emergency existed, the city council shall adopt a resolution certifying the existence of this emergency situation.

(7) In lieu of the procedures of subsections (2) and (6) of this section, a first class city may use a small works roster process and award contracts ((under this subsection for contracts)) for public works projects with an estimated value of one hundred thousand dollars or less as provided in RCW 39.04.155.

(((a) The city may maintain a small works roster comprised of all contractors who have requested to be on the roster and are, where required by law, properly licensed or registered to perform such work in this state.

(b) Whenever work is done by contract, the estimated cost of which is one hundred thousand dollars or less, and the city uses the small works roster, the city shall invite proposals from all appropriate contractors on the small works roster: PROVIDED, That not less than five separate appropriate contractors, if available, shall be invited to submit bids on any one contract: PROVIDED FURTHER, That)) Whenever possible, the city shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section. ((Once a bidder on the small works roster has been offered an opportunity to bid, that bidder shall not be offered another opportunity until all other appropriate contractors on the small works roster have been afforded an opportunity to submit a bid. Invitations shall include an estimate of the scope and nature of the work to be performed, and materials and equipment to be furnished.

(c) When awarding such a contract for work, the estimated cost of which is one hundred thousand dollars or less, the city shall award the contract to the contractor submitting the lowest responsible bid.))

(8) The allocation of public works projects to be performed by city employees shall not be subject to a collective bargaining agreement.

(9) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.

(10) Nothing in this section shall prohibit any first class city from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused.

Sec. 10. RCW 35.23.352 and 1989 c 431 s 56 are each amended to read as follows:

(1) Any second or third class city or any town may construct any public works, as defined in RCW 39.04.010, by contract or day labor without calling for bids therefor whenever the estimated cost of the work or improvement, including cost of materials, supplies and equipment will not exceed the sum of thirty thousand dollars if more than one craft or trade is involved with the public works, or twenty thousand dollars if a single craft or trade is involved with the public works or the public works project is street signalization or street lighting. A public works project means a complete project. The restrictions in this subsection do not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project.

Whenever the cost of the public work or improvement, including materials, supplies and equipment, will exceed these figures, the same shall be done by contract. All such contracts shall be let at public bidding upon ((posting)) publication of notice calling for sealed bids upon the work. The notice ((thereof shall be posted in a public place in the city or town and by publication)) shall be published in the official newspaper, or a newspaper of general circulation most likely to bring responsive bids, ((once each week for two consecutive weeks before)) at least thirteen days prior to the ((date fixed for opening the bids)) last date upon which bids will be received. The notice shall generally state the nature of the work to be done that plans and specifications therefor shall then be on file in the city or town hall for public inspections, and require that bids be sealed and filed with the council or commission within the time specified therein. Each bid shall be accompanied by a bid proposal deposit in the form of a cashier's check, postal money order, or surety bond to the council or commission for a sum of not less than five percent of the amount of the bid, and no bid shall be considered unless accompanied by such bid proposal deposit. The council or commission of the city or town shall let the contract to the lowest responsible bidder or shall have power by resolution to reject any or all bids and to make further calls for bids in the same manner as the original call.

When the contract is let then all bid proposal deposits shall be returned to the bidders except that of the successful bidder which shall be retained until a contract is entered into and a bond to perform the work furnished, with surety satisfactory to the council or commission, in ((the full amount of the contract price)) accordance with RCW 39.08.030. If the bidder fails to enter into the contract in accordance with his or her bid and furnish a bond within ten days from the date at which he or she is notified that he or she is the successful bidder, the check or postal money order and the amount thereof shall be forfeited to the council or commission or the council or commission shall recover the amount of the surety bond.

If no bid is received on the first call the council or commission may readvertise and make a second call, or may enter into a contract without any further call or may purchase the supplies, material or equipment and perform the work or improvement by day labor.

(2) The allocation of public works projects to be performed by city or town employees shall not be subject to a collective bargaining agreement.

(3) In lieu of the procedures of subsection (1) of this section, a second or third class city or a town may use a small works roster process and award public works contracts ((under this subsection for contracts)) with an estimated value of one hundred thousand dollars or less as provided in RCW 39.04.155.

(((a) The city or town may maintain a small works roster comprised of all contractors who have requested to be on the roster and are, where required by law, properly licensed or registered to perform such work in this state.

(b) Whenever work is done by contract, the estimated cost of which is one hundred thousand dollars or less, and the city uses the small works roster, the city or town shall invite proposals from all appropriate contractors on the small works roster: PROVIDED, That)) Whenever possible, the city or town shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section. ((The invitation shall include an estimate of the scope and nature of the work to be performed, and materials and equipment to be furnished.

(c) When awarding such a contract for work, the estimated cost of which is one hundred thousand dollars or less, the city or town shall award the contract to the contractor submitting the lowest responsible bid.))

(4) After September 1, 1987, each second class city, third class city, and town shall use the form required by RCW 43.09.205 to account and record costs of public works in excess of five thousand dollars that are not let by contract.

(5) The cost of a separate public works project shall be the costs of the materials, equipment, supplies, and labor on that construction project.

(6) Any purchase of supplies, material, equipment or services other than professional services, except for public work or improvement, where the cost thereof exceeds seven thousand five hundred dollars shall be made upon call for bids((: PROVIDED, That the limitations herein shall not apply to any purchases of materials at auctions conducted by the government of the United States, any agency thereof or by the state of Washington or a political subdivision thereof)).

(7) Bids shall be called annually and at a time and in the manner prescribed by ordinance for the publication in a newspaper ((published or)) of general circulation in the city or town of all notices or newspaper publications required by law. The contract shall be awarded to the lowest responsible bidder.

(8) For advertisement and ((competitive)) formal sealed bidding to be dispensed with as to purchases between seven thousand five hundred and fifteen thousand dollars, the city legislative authority must authorize by resolution ((a)), use of the uniform procedure ((for securing telephone and/or written quotations from enough vendors to assure establishment of a competitive price and for awarding the contracts for purchase of materials, equipment, or services to the lowest responsible bidder. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry)) provided in RCW 39.04.190.

(9) These requirements for purchasing may be waived by resolution of the city or town council which declared that the purchase is clearly and legitimately limited to a single source or supply within the near vicinity, or the materials, supplies, equipment, or services are subject to special market conditions, and recites why this situation exists. Such actions are subject to RCW 39.30.020.

(10) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.

(11) Nothing in this section shall prohibit any second or third class city or any town from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused.

Sec. 11. RCW 52.14.110 and 1984 c 238 s 3 are each amended to read as follows:

Insofar as practicable, purchases and any public works by the district shall be based on competitive bids. A formal sealed bid procedure shall be used as standard procedure for purchases and contracts for purchases executed by the board of commissioners. Formal sealed bidding shall not be required for:

(1) Emergency purchases if the sealed bidding procedure would prevent or hinder the emergency from being addressed appropriately. The term emergency means an occurrence that creates an immediate threat to life or property;

(2) The purchase of any materials, supplies, or equipment if the cost will not exceed the sum of ((ten)) four thousand five hundred dollars((: PROVIDED, That)). However, whenever the estimated cost is from ((forty-five hundred)) four thousand five hundred dollars up to ten thousand dollars, the commissioners ((shall require quotations from at least three different sources to be obtained in writing or by telephone, and recorded for public perusal to assure establishment of a competitive price for such purchase)) may by resolution use the process provided in RCW 39.04.190 to award contracts;

(3) Contracting for work to be done involving the construction or improvement of a fire station or other buildings where the estimated cost will not exceed the sum of two thousand five hundred dollars, which includes the costs of labor, material, and equipment. However, whenever the estimated cost is from two thousand five hundred dollars up to ten thousand dollars, the commissioner may by resolution use the small works roster process provided in RCW 39.04.155;

(4) Purchases which are clearly and legitimately limited to a single source of supply, or services, in which instances the purchase price may be best established by direct negotiation: PROVIDED, That this subsection shall not apply to purchases or contracts relating to public works as defined in chapter 39.04 RCW; and

(5) Purchases of insurance and bonds.

Sec. 12. RCW 52.14.120 and 1984 c 238 s 4 are each amended to read as follows:

(1) Notice of the call for bids shall be given by ((posting notice in three public places in the district and by publication once each week for two consecutive weeks. The posting and first publication shall be at least two weeks before the date fixed for opening of the bids, and the publication shall be)) publishing the notice in a newspaper of general circulation within the district at least thirteen days before the last date upon which bids will be received. If no bid is received on the first call, the commissioners may readvertise and make a second call, or may enter into a contract without a further call.

(2) A public work involving three or more specialty contractors requires that the district retain the services of a general contractor as defined in RCW 18.27.010.

Sec. 13. RCW 53.08.120 and 1988 c 235 s 1 are each amended to read as follows:

All material required by a port district may be procured in the open market or by contract and all work ordered may be done by contract or day labor. All such contracts for work, the estimated cost of which exceeds one hundred thousand dollars, shall be let at public bidding upon notice published in a newspaper of general circulation in the district at least ((ten)) thirteen days before the ((letting)) last date upon which bids will be received, calling for sealed bids upon the work, plans and specifications for which shall then be on file in the office of the commission for public inspection. The same notice may call for bids on such work or material based upon plans and specifications submitted by the bidder.

Each port district shall maintain a small works roster ((which shall be comprised of all contractors who have requested to be on the roster and are, where required by law, properly licensed or registered to perform such work in the state of Washington.)), as provided in RCW 39.04.155, and may use the small works roster process to award contracts in lieu of calling for sealed bids whenever work is done by contract, the estimated cost of which is one hundred thousand dollars or less((, the managing official of the port district may invite proposals from all appropriate contractors on the small works roster: PROVIDED, That not less than five separate appropriate contractors shall be invited to submit proposals on any individual contract: PROVIDED FURTHER, That)). Whenever possible, the managing official shall invite at least one proposal from a minority contractor who shall otherwise qualify under this section. ((Such invitation shall include an estimate of the scope and nature of the work to be performed, and materials and equipment to be furnished.))

When awarding such a contract for work, when utilizing proposals from the small works roster, the managing official shall give weight to the contractor submitting the lowest and best proposal, and whenever it would not violate the public interest, such contracts shall be distributed equally among contractors, including minority contractors, on the small works roster.

Sec. 14. RCW 54.04.070 and 1990 c 251 s 1 are each amended to read as follows:

Any item, or items of the same kind of materials, equipment, or supplies purchased, the estimated cost of which is in excess of five thousand dollars, exclusive of sales tax shall be by contract: PROVIDED, That a district may make purchases of the same kind of items of materials, equipment and supplies not exceeding five thousand dollars in any calendar month without a contract, purchasing any excess thereof over five thousand dollars by contract. Any work ordered by a district commission, the estimated cost of which is in excess of ten thousand dollars exclusive of sales tax, shall be by contract, except that a district commission may have its own regularly employed personnel perform work which is an accepted industry practice under prudent utility management without a contract. Prudent utility management means performing work with regularly employed personnel utilizing material of a worth not exceeding fifty thousand dollars in value without a contract: PROVIDED, That such limit on the value of material being utilized in work being performed by regularly employed personnel shall not include the value of individual items of equipment purchased or acquired and used as one unit of a project. Before awarding such a contract, the commission shall publish a notice once or more in a newspaper of general circulation in the district at least ((twenty)) thirteen days before the ((letting of the contract)) last date upon which bids will be received, inviting sealed proposals for the work or materials; plans and specifications of which shall at the time of the publication be on file at the office of the district subject to public inspection((: PROVIDED, That any)). Any published notice ordering work to be performed for the district shall be mailed at the time of publication to any established trade association which files a written request with the district to receive such notices. The commission may at the same time and as part of the same notice, invite tenders for the work or materials upon plans and specifications to be submitted by the bidders.

Notwithstanding any other provisions herein, all contract projects, the estimated cost of which is less than one hundred thousand dollars, may be awarded to a contractor ((on)) using the small works roster((. The small works roster shall be comprised of all responsible contractors who have requested to be on the list. The commission shall authorize by resolution a procedure for securing telephone and/or written quotations from the contractors on the small works roster to assure establishment of a competitive price and for awarding contracts to the lowest responsible bidder. Such procedure shall require that a good-faith effort be made to request quotations from all contractors on the small works roster. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. The small works roster shall be revised once a year)) process provided in RCW 39.04.155. All contract projects equal to or in excess of one hundred thousand dollars shall be let by competitive bidding.

Whenever equipment or materials required by a district are held by a governmental agency and are available for sale but such agency is unwilling to submit a proposal, the commission may ascertain the price of such items and file a statement of such price supported by the sworn affidavit of one member of the commission and may consider such price as a bid without a deposit or bond. In the event of an emergency when the public interest or property of the district would suffer material injury or damage by delay, upon resolution of the commission, or proclamation of an official designated by the board to act for the board during such emergencies, declaring the existence of such emergency and reciting the facts constituting the same, the board, or the official acting for the board, may waive the requirements of this chapter with reference to any purchase or contract, after having taken precautions to secure the lowest price practicable under the circumstances.

After determination by the commission during a public meeting that a particular purchase is available clearly and legitimately only from a single source of supply, the bidding requirements of this section may be waived by the commission.

Sec. 15. RCW 54.04.082 and 1977 ex.s. c 116 s 1 are each amended to read as follows:

For the awarding of a contract to purchase any item, or items of the same kind of materials, equipment, or supplies in an amount exceeding five thousand dollars, but less than fifteen thousand dollars, exclusive of sales tax, the commission may, in lieu of the procedure described in RCW 54.04.070 and 54.04.080 requiring public notice to invite sealed proposals for such materials, equipment, or supplies, ((authorize by)) pursuant to commission resolution ((a staff procedure for securing telephone and/or written quotations from enough vendors to assure establishment of a competitive price and for awarding such contracts for purchase of materials, equipment, or supplies to the lowest responsible bidder. Immediately after the award is made, the bid quotations obtained shall be recorded and shall be posted or otherwise made available at the office of the commission or any other officially designated location)) use the process provided in RCW 39.04.190. Waiver of the deposit or bid bond required under RCW 54.04.080 may be authorized by the commission in securing such bid quotations.

Sec. 16. RCW 56.08.070 and 1989 c 105 s 1 are each amended to read as follows:

(1) All materials purchased and work ordered, the estimated cost of which is in excess of five thousand dollars shall be let by contract. All contract projects, the estimated cost of which is less than fifty thousand dollars, may be awarded to a contractor ((on)) using the small works roster((. The small works roster shall be comprised of all responsible contractors who have requested to be on the list)) process provided in RCW 39.04.155 or the process provided in RCW 39.04.190 for purchases. The board of sewer commissioners may set up uniform procedures to prequalify contractors for inclusion on the small works roster. ((The board of sewer commissioners shall authorize by resolution a procedure for securing telephone and/or written quotations from the contractors on the small works roster to assure establishment of a competitive price and for awarding contracts to the lowest responsible bidder. Such procedure shall require that a good faith effort be made to request quotations from all contractors on the small works roster. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. The small works roster shall be revised once a year.)) All contract projects equal to or in excess of fifty thousand dollars shall be let by competitive bidding. Before awarding any competitive contract the board of sewer commissioners shall ((cause)) publish a notice ((to be published)) in a newspaper ((in)) of general circulation where the district is located at least once, ((ten)) thirteen days before the ((letting of such contract)) last date upon which bids will be received, inviting sealed proposals for such work, plans and specifications which must at the time of publication of such notice be on file in the office of the board of sewer commissioners subject to public inspection. Such notice shall state generally the work to be done and shall call for proposals for doing the same to be sealed and filed with the board of sewer commissioners on or before the day and hour named therein.

(2) Each bid shall be accompanied by a bid proposal deposit in the form of a certified check, cashier's check, postal money order, or surety bond payable to the order of the county treasurer for a sum not less than five percent of the amount of the bid and no bid shall be considered unless accompanied by such bid proposal deposit. At the time and place named such bids shall be publicly opened and read and the board of sewer commissioners shall proceed to canvass the bids and may let such contract to the lowest responsible bidder upon plans and specifications: PROVIDED, That no contract shall be let in excess of the cost of ((said)) the materials or work, or if in the opinion of the board of sewer commissioners all bids are unsatisfactory they may reject all of them and readvertise and in such case all checks, cash or bid bonds shall be returned to the bidders. If such contract be let, then all checks, cash or bid bonds shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract shall be entered into for the purchase of such materials or doing such work, and a bond to perform such work furnished with sureties satisfactory to the board of sewer commissioners in the full amount of the contract price between the bidder and the commission in accordance with bid. If ((said)) the bidder fails to enter into ((said)) the contract in accordance with ((said)) the bid and furnish such bond within ten days from the date at which ((he)) the bidder is notified that he or she is the successful bidder, the ((said)) check, cash, or bid bonds and the amount thereof shall be forfeited to the sewer district.

(3) In the event of an emergency when the public interest or property of the sewer district would suffer material injury or damage by delay, upon resolution of the board of sewer commissioners, or proclamation of an official designated by the board to act for the board during such emergencies, declaring the existence of such emergency and reciting the facts constituting the same, the board, or the official acting for the board, may waive the requirements of this chapter with reference to any purchase or contract. In addition, these requirements may be waived for purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation.

Sec. 17. RCW 56.08.080 and 1989 c 308 s 5 are each amended to read as follows:

The board of commissioners of a sewer district may sell, at public or private sale, property belonging to the district if the board determines that the property is not and will not be needed for district purposes and if the board gives notice of intention to sell as in this section provided: PROVIDED, That no notice of intention is required to sell personal property of less than two thousand five hundred dollars in value.

The notice of intention to sell shall be published once a week for ((three)) two consecutive weeks in a newspaper of general circulation in the district. ((The last publication shall be at least twenty days but not more than thirty days before the date of sale.)) The notice shall describe the property and state the time and place at which it will be sold or offered for sale, the terms of sale, whether the property is to be sold at public or private sale, and if at public sale the notice shall call for bids, fix the conditions thereof and shall reserve the right to reject any and all bids.

Sec. 18. RCW 56.08.090 and 1989 c 308 s 6 are each amended to read as follows:

(1) Subject to the provisions of subsection (2) of this section, no real property valued at two thousand five hundred dollars or more of the district shall be sold for less than ninety percent of the value thereof as established by a written appraisal made not more than six months prior to the date of sale by three disinterested real estate brokers licensed under the laws of the state or professionally designated real estate appraisers as defined in RCW 74.46.020. The appraisal shall be signed by the appraisers and filed with the secretary of the board of commissioners of the district, who shall keep it at the office of the district open to public inspection. Any notice of intention to sell real property of the district shall recite the appraised value thereof: PROVIDED, That there shall be no private sale of real property where the appraised value exceeds the sum of two thousand five hundred dollars.

(2) If no purchasers can be obtained for the property at ninety percent or more of its appraised value after one hundred ((eighty)) twenty days of offering the property for sale, the board of commissioners of the sewer district may adopt a resolution stating that the district has been unable to sell the property at the ninety percent amount. The sewer district then may sell the property at the highest price it can obtain at public auction. A notice of intention to sell at public auction shall be published once a week for ((three)) two consecutive weeks in a newspaper of general circulation in the sewer district. ((The last publication shall be at least twenty days but not more than thirty days before the date of sale.)) The notice shall describe the property, state the time and place at which it will be offered for sale and the terms of sale, and shall call for bids, fix the conditions thereof, and reserve the right to reject any and all bids.

Sec. 19. RCW 57.08.015 and 1989 c 308 s 7 are each amended to read as follows:

The board of commissioners of a water district may sell, at public or private sale, property belonging to the district if the board determines that the property is not and will not be needed for district purposes and if the board gives notice of intention to sell as in this section provided: PROVIDED, That no such notice of intention shall be required to sell personal property of less than two thousand five hundred dollars in value.

Sec. 20. RCW 57.08.016 and 1989 c 308 s 8 are each amended to read as follows:

(2) If no purchasers can be obtained for the property at ninety percent or more of its appraised value after one hundred ((eighty)) twenty days of offering the property for sale, the board of commissioners of the water district may adopt a resolution stating that the district has been unable to sell the property at the ninety percent amount. The water district then may sell the property at the highest price it can obtain at public auction. A notice of intention to sell at public auction shall be published once a week for ((three)) two consecutive weeks in a newspaper of general circulation in the water district. ((The last publication shall be at least twenty days but not more than thirty days before the date of sale.)) The notice shall describe the property, state the time and place at which it will be offered for sale and the terms of sale, and shall call for bids, fix the conditions thereof, and reserve the right to reject any and all bids.

Sec. 21. RCW 57.08.050 and 1989 c 105 s 2 are each amended to read as follows:

(1) The board of water commissioners shall have authority to create and fill such positions and fix salaries and bonds thereof as it may by resolution provide.

(2) All materials purchased and work ordered, the estimated cost of which is in excess of five thousand dollars shall be let by contract. All contract projects, the estimated cost of which is less than fifty thousand dollars, may be awarded to a contractor ((on the)) using a small works roster((. The small works roster shall be comprised of all responsible contractors who have requested to be on the list)) process provided in RCW 39.04.155 or the process provided in RCW 39.04.190 for purchases. The board of water commissioners may set up uniform procedures to prequalify contractors for inclusion on the small works roster. ((The board of water commissioners shall authorize by resolution a procedure for securing telephone and/or written quotations from the contractors on the small works roster to assure establishment of a competitive price and for awarding contracts to the lowest responsible bidder. Such procedure shall require that a good faith effort be made to request quotations from all contractors on the small works roster. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. The small works roster shall be revised once a year.)) All contract projects equal to or in excess of fifty thousand dollars shall be let by competitive bidding. Before awarding any such contract the board of water commissioners shall ((cause)) publish a notice ((to be published)) in a newspaper ((in)) of general

circulation where the district is located at least once ((ten)) thirteen days before the ((letting of such contract)) last date upon which bids will be received, inviting sealed proposals for such work, plans and specifications which must at the time of publication of such notice be on file in the office of the board of water commissioners subject to public inspection. Such notice shall state generally the work to be done and shall call for proposals for doing the same to be sealed and filed with the board of water commissioners on or before the day and hour named therein.

(3) Each bid shall be accompanied by a certified or cashier's check or postal money order payable to the order of the county treasurer for a sum not less than five percent of the amount of the bid, or accompanied by a bid bond in an amount not less than five percent of the bid with a corporate surety licensed to do business in the state, conditioned that the bidder will pay the district as liquidated damages the amount specified in the bond, unless ((he)) the bidder enters into a contract in accordance with his or her bid, and no bid shall be considered unless accompanied by such check, cash or bid bond. At the time and place named such bids shall be publicly opened and read and the board of water commissioners shall proceed to canvass the bids and may let such contract to the lowest responsible bidder upon plans and specifications on file or to the best bidder submitting his or her own plans and specifications: PROVIDED, That no contract shall be let in excess of the cost of ((said)) the materials or work, or if in the opinion of the board of water commissioners all bids are unsatisfactory they may reject all of them and readvertise and in such case all checks, cash or bid bonds shall be returned to the bidders. If such contract be let, then all checks, cash or bid bonds shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract shall be entered into for the purchase of such materials or doing such work, and a bond to perform such work furnished with sureties satisfactory to the board of water commissioners in the full amount of the contract price between the bidder and the commission in accordance with the bid. If ((said)) the bidder fails to enter into ((said)) the contract in accordance with ((said)) the bid and furnish such bond within ten days from the date at which ((he)) the bidder is notified that he or she is the successful bidder, the ((said)) check, cash or bid bonds and the amount thereof shall be forfeited to the water district: PROVIDED, That if the bidder fails to enter into a contract in accordance with his or her bid, and the board of water commissioners deems it necessary to take legal action to collect on any bid bond required herein, then the water district shall be entitled to collect from ((said)) the bidder any legal expenses, including reasonable attorneys' fees occasioned thereby.

(4) In the event of an emergency when the public interest or property of the water district would suffer material injury or damage by delay, upon resolution of the board of water commissioners, or proclamation of an official designated by the board to act for the board during such emergencies, declaring the existence of such emergency and reciting the facts constituting the same, the board, or official acting for the board, may waive the requirements of this chapter with reference to any purchase or contract. In addition, these requirements may be waived for purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation.

Sec. 22. RCW 70.44.140 and 1965 c 83 s 1 are each amended to read as follows:

(1) All materials purchased and work ordered, the estimated cost of which is in excess of five thousand dollars, shall be by contract. Before awarding any such contract, the commission shall ((cause to be published)) publish a notice at least ((thirty)) thirteen days before the ((letting of said contract)) last date upon which bids will be received, inviting sealed proposals for such work((,)). The plans and specifications ((which)) must at the time of the publication of such notice be on file at the office of the public hospital district, subject to public inspection: PROVIDED, HOWEVER, That the commission may at the same time, and as part of the same notice, invite tenders for ((said)) the work or materials upon plans and specifications to be submitted by bidders. ((Such)) The notice shall state generally the work to be done, and shall call for proposals for doing the same, to be sealed and filed with the commission on or before the day and hour named therein. Each bid shall be accompanied by bid proposal security in the form of a certified check, cashier's check, postal money order, or surety bond made payable to the order of the commission, for a sum not less than five percent of the amount of the bid, and no bid shall be considered unless accompanied by such bid proposal security. At the time and place named, such bids shall be publicly opened and read, and the commission shall proceed to canvass the bids, and may let such contract to the lowest responsible bidder upon plans and specifications on file, or to the best bidder submitting his or her own plans and specifications: PROVIDED, HOWEVER, That no contract shall be let in excess of the estimated cost of ((said)) the materials or work, or if, in the opinion of the commission, all bids are unsatisfactory, they may reject all of them and readvertise, and in such case all bid proposal security shall be returned to the bidders; but if such contract be let, then and in such case all bid proposal security shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract shall be entered into for the purchase of such materials for doing such work, and a bond to perform such work furnished, with sureties satisfactory to the commission, in an amount to be fixed by the commission, not less than twenty-five percent of contract price in any case, between the bidder and commission, in accordance with the bid. If such bidder fails to enter into ((said)) the contract in accordance with ((said)) the bid and furnish such bond within ten days from the date at which ((he)) the bidder is notified that he or she is the successful bidder, the ((said)) bid proposal security and the amount thereof shall be forfeited to the public hospital district.

(2) In lieu of the procedures of subsection (1) of this section, a public hospital district may use a small works roster process and award public works contracts for projects in excess of five thousand dollars up to fifty thousand dollars as provided in RCW 39.04.155.

(3) For advertisement and formal sealed bidding to be dispensed with as to purchases between five thousand and fifteen thousand dollars, the commission must authorize by resolution a procedure as provided in RCW 39.04.190.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Haugen, the Senate concurred in the House amendment to Substitute Senate Bill No. 5048.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5048, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5048, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 41.

Absent: Senator Hargrove - 1.

Excused: Senators Anderson, Deccio, McCaslin, Moyer, Niemi, Owen and Smith, L. - 7.

SUBSTITUTE SENATE BILL NO. 5048, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Spanel, Senators Rinehart and Talmadge were excused.

STATEMENT FOR THE JOURNAL

Due to work in the conference committee on health care reform, I missed the votes on the following bills: Substitute Senate No. 5052, as amended by the House; Substitute Senate Bill No. 5075, as amended by the House; Senate Bill No. 5107, as amended by the House; Second Substitute Senate Bill No. 5237, as amended by the House; Substitute Senate Bill No. 5261, as amended by the House; Substitute Senate Bill No. 5263, as amended by the House; Senate Bill No. 5349, as amended by the House; Engrossed Substitute Senate Bill No. 5379, as amended by the House; Senate Bill No. 5387, as amended by the House; Substitute Senate Bill No. 5402, as amended by the House; and Substitute Senate Bill No. 5404, as amended by the House; and Engrossed Substitute Senate Bill No. 5452, as amended by the House.

I would have voted 'yes' on all but Substitute Senate Bill No. 5262, as amended by the House.

SENATOR PHIL TALMADGE, 34th District

MESSAGE FROM THE HOUSE

April 8, 1993

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 5052 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 35.27.270 and 1965 c 7 s 35.27.270 are each amended to read as follows:

The town council shall meet ((on the second Tuesday)) in January succeeding the date of the general municipal election, shall take the oath of office, and shall hold regular meetings at least once each month at such times as may be fixed by ordinance. Special meetings may be called at any time by the mayor or by three ((councilmen)) councilmembers, by written notice ((delivered to each member at least three hours before the time specified for the proposed meeting)) as provided in RCW 42.30.080. No resolution or order for the payment of money shall be passed at any other than a regular meeting. No such resolution or order shall be valid unless passed by the votes of at least three ((councilmen)) councilmembers.

All meetings of the council shall be held ((within the corporate limits of the town,)) at such places as may be designated by ((ordinance and shall)) the town council. All final actions on resolutions and ordinances must take place within the corporate limits of the town. All meetings of the town council must be public.

Sec. 2. RCW 35.24.180 and 1965 c 7 s 35.24.180 are each amended to read as follows:

The city council and mayor shall meet ((on the first Tuesday)) in January next succeeding the date of each general municipal election, and shall take the oath of office, and shall hold regular meetings at least once during each month but not to exceed one regular meeting in each week, at such times as may be fixed by ordinance.

Special meetings may be called by the mayor by written notice ((delivered to each member of the council at least three hours before the time specified for the proposed meeting)) as provided in RCW 42.30.080. No ordinances shall be passed or contract let or entered into, or bill for the payment of money allowed at any special meeting.

All meetings of the city council shall be held ((within the corporate limits of the city)) at such place as may be designated by ((ordinance)) the city council. All final actions on resolutions and ordinances must take place within the corporate limits of the city. All meetings of the city council must be public.

Sec. 3. RCW 35A.12.110 and 1979 ex.s. c 18 s 23 are each amended to read as follows:

The city council and mayor shall meet regularly, at least once a month, at a place ((within the corporate limits of the city)) and at such times as may be ((fixed by ordinance or resolution)) designated by the city council. All final actions on resolutions and ordinances must take place within the corporate limits of the city. Special meetings may be called by the mayor or any three members of the council by written notice delivered to each member of the council at least twenty-four hours before the time specified for the proposed meeting. All actions that have heretofore been taken at special council meetings held pursuant to this section, but for which the number of hours of notice given has been at variance with requirements of RCW 42.30.080, are hereby validated. All council meetings shall be open to the

public except as permitted by chapter 42.30 RCW. No ordinance or resolution shall be passed, or contract let or entered into, or bill for the payment of money allowed at any meeting not open to the public, nor at any public meeting the date of which is not fixed by ordinance, resolution, or rule, unless public notice of such meeting has been given by such notice to each local newspaper of general circulation and to each local radio or television station, as provided in RCW 42.30.080 as now or hereafter amended. Meetings of the council shall be presided over by the mayor, if present, or otherwise by the mayor pro tempore, or deputy mayor if one has been appointed, or by a member of the council selected by a majority of the council members at such meeting. Appointment of a council member to preside over the meeting shall not in any way abridge his right to vote on matters coming before the council at such meeting. In the absence of the clerk, a deputy clerk or other qualified person appointed by the clerk, the mayor, or the council, may perform the duties of clerk at such meeting. A journal of all proceedings shall be kept, which shall be a public record.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Drew, the Senate concurred in the House amendment to Substitute Senate Bill No. 5052.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5052, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5052, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 1; Excused, 9.

Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 39.

Absent: Senator Hargrove - 1.

Excused: Senators Anderson, Deccio, McCaslin, Moyer, Niemi, Owen, Rinehart, Smith, L. and Talmadge - 9.

SUBSTITUTE SENATE BILL NO. 5052, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 13, 1993

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 5075 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 28B.10 RCW to read as follows:

As used in sections 2 and 3 of this act, "hazing" includes any method of initiation into a student organization or living group, or any pastime or amusement engaged in with respect to such an organization or living group that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student or other person attending a public or private institution of higher education or other postsecondary educational institution in this state. "Hazing" does not include customary athletic events or other similar contests or competitions.

NEW SECTION. Sec. 2. A new section is added to chapter 28B.10 RCW to read as follows:

(1) No student, or other person in attendance at any public or private institution of higher education, or any other postsecondary educational institution, may conspire to engage in hazing or participate in hazing of another.

(2) A violation of this section is a misdemeanor, punishable as provided under RCW 9A.20.021.

(3) Any organization, association, or student living group that knowingly permits hazing is strictly liable for harm caused to persons or property resulting from hazing. If the organization, association, or student living group is a corporation whether for profit or nonprofit, the individual directors of the corporation may be held individually liable for damages.

NEW SECTION. Sec. 3. A new section is added to chapter 28B.10 RCW to read as follows:

(1) A person who participates in the hazing of another shall forfeit any entitlement to state-funded grants, scholarships, or awards for a period of time determined by the institution of higher education.

(2) Any organization, association, or student living group that knowingly permits hazing to be conducted by its members or by others subject to its direction or control shall be deprived of any official recognition or approval granted by a public institution of higher education.

(3) The public institutions of higher education shall adopt rules to implement this section.

NEW SECTION. Sec. 4. A new section is added to chapter 28B.10 RCW to read as follows:

Institutions of higher education shall adopt rules providing sanctions for conduct associated with initiation into a student organization or living group, or any pastime or amusement engaged in with respect to an organization or living group not amounting to a violation of section 1 of this act. Conduct covered by this section may include embarrassment, ridicule, sleep deprivation, verbal abuse, or personal humiliation.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Bauer, the Senate concurred in the House amendment to Substitute Senate Bill No. 5075.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5075, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5075, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 2; Absent, 0; Excused, 9.

Voting yea: Senators Barr, Bauer, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 38.

Voting nay: Senators Amondson and Bluechel - 2.

Excused: Senators Anderson, Deccio, McCaslin, Moyer, Niemi, Owen, Rinehart, Smith, L. and Talmadge - 9.

SUBSTITUTE SENATE BILL NO. 5075, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 6, 1993

MR. PRESIDENT:

The House has passed SENATE BILL NO. 5107 with the following amendment(s):

On page 3, after line 32 insert "For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280 (1) (c) through (e).", and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk

MOTION

On motion of Senator Pelz, the Senate concurred in the House amendment to Senate Bill No. 5107.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5107, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5107, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.

Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 40.

Excused: Senators Anderson, Deccio, McCaslin, Moyer, Niemi, Owen, Rinehart, Smith, L. and Talmadge - 9.

SENATE BILL NO. 5107, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 7, 1993

MR. PRESIDENT:

The House has passed SECOND SUBSTITUTE SENATE BILL NO. 5237 with the following amendment(s):

On page 18, beginning on line 23, strike everything through "9A.20 RCW." on line 26

On page 27, after line 7, insert the following:

"NEW SECTION. Sec. 42. (1) Annually, the secretary of state shall publish a report indicating:

(a) For each charitable organization registered under RCW 19.09.065 the percentage relationship between (i) the total amount of money applied to charitable purposes; and (ii) the dollar value of support received from solicitations and received from all other sources on behalf of the charitable purpose of the organization;

(b) For each commercial fund raiser registered under RCW 19.09.065 the percentage relationship between (i) the amount of money disbursed to charitable organizations for charitable purposes; and (ii) the total value of contributions received on behalf of charitable organizations by the commercial fund raiser; and

(2) The secretary of state may use the latest information obtained pursuant to RCW 19.09.075 or otherwise under chapter 19.09 RCW to prepare the report."

Renumber the remaining sections consecutively., and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Adam Smith, the Senate concurred in the House amendments to Second Substitute Senate Bill No. 5237.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5237, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5237, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 41.

Excused: Senators Anderson, McCaslin, Moyer, Niemi, Owen, Rinehart, Smith, L. and Talmadge - 8.

SECOND SUBSTITUTE SENATE BILL NO. 5237, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 13, 1993

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 5261 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 43.20A.710 and 1989 c 334 s 13 are each amended to read as follows:

The secretary shall investigate the conviction records, pending charges or disciplinary board final decisions of: (1) Persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of children((, mentally ill persons)) or individuals with mental illness or ((developmentally disabled persons)) developmental disabilities; and (2) individual providers who are paid by the state for in-home services and hired by individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment. The investigation may include an examination of state and national criminal identification data and the child abuse and neglect register established under chapter 26.44 RCW. The secretary shall provide the results of the state background check on individual providers to the individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment who hired them and to their legal guardians, if any. The secretary shall use the information solely for the purpose of determining the character, suitability, and competence of these applicants except that in the case of individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment who employ individual providers, the determination of character, suitability, and competence of applicants shall be made by the individual with a physical disability, developmental disability, mental illness, or mental impairment. Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose. If necessary, persons may be employed on a conditional basis pending completion of the background investigation.

NEW SECTION. Sec. 2. This act applies prospectively except individuals who currently employ individual providers paid by the state may be given the option to request a state background check during reassessment for services.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Fraser, the Senate concurred in the House amendment to Substitute Senate Bill No. 5261.

MOTIONS

On motion of Senator Sellar, Senator Bluechel was excused.

On motion of Senator Loveland, Senator Vognild was excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5261, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5261, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 0; Excused, 10.

Voting yea: Senators Amondson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams, Winsley and Wojahn - 39.

Excused: Senators Anderson, Bluechel, McCaslin, Moyer, Niemi, Owen, Rinehart, Smith, L., Talmadge and Vognild - 10.

SUBSTITUTE SENATE BILL NO. 5261, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 15, 1993

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 5263 with the following amendment(s):

On page 7, after line 18, strike all material through "impractical." on line 25, and insert the following:

"(3) Except as provided in subsection (4) of this section, the director, within ((sixty)) ninety days from the date the results of ((the)) a referendum approved under subsection (2) of this section are filed with the secretary of state, shall adopt rules to establish a market pool in the market area, as provided for in this chapter. In conducting hearings on rules proposed for adoption under this subsection, the director shall invite public comment on whether milk regulation similar to the market area pooling plan proposed in the rules exists in neighboring states and whether a lack of such milk regulation in neighboring states would render such a market area pooling plan in this state ineffective or impractical."

On page 7, line 26, strike "(3)" and insert "(((3))) (4) If, following hearings held under subsection (3) of this section, the director determines that the lack of milk regulation in neighboring states similar to the market area pooling plan proposed for this state would render such a pooling arrangement in this state ineffective or impractical, the director shall so state in writing. The director shall file the statement with the code reviser for publication in the Washington State Register. In such a case, a market area pooling plan shall not be established in the market area under subsection (3) of this section based upon the referendum that precipitated the hearings. If the director determines that such a lack of milk regulation in neighboring states would not render such a market area pooling plan ineffective or impractical in this state, the director shall adopt rules in accordance with subsection (3) of this section.

(5)"

On page 7, line 32, strike "(4)" and insert "(((4))) (6)"

On page 10, line 18, after "fund." insert "Moneys from such assessments shall be used to provide testing of the milk in a state-certified laboratory.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Rasmussen, the Senate concurred in the House amendments to Substitute Senate Bill No. 5263.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5263, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5263, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.

Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams, Winsley and Wojahn - 40.

Excused: Senators Anderson, McCaslin, Moyer, Niemi, Owen, Rinehart, Smith, L., Talmadge and Vognild - 9.

SUBSTITUTE SENATE BILL NO. 5263, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 9, 1993

MR. PRESIDENT:

The House has passed SENATE BILL NO. 5349 with the following amendment(s):

On page 5, beginning on line 11, after "proposal" strike everything through "(2)" on line 12 and insert "((as judged by the criteria established in RCW 28A.97.100(1) and (2)))", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Pelz, the Senate concurred in the House amendment to Senate Bill No. 5349.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5349, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5349, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.

Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams, Winsley and Wojahn - 40.

Excused: Senators Anderson, McCaslin, Moyer, Niemi, Owen, Rinehart, Smith, L., Talmadge and Vognild - 9.

SENATE BILL NO. 5349, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 5, 1993

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5379 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 15.36.115 and 1989 c 354 s 18 and 1989 c 175 s 48 are each reenacted and amended to read as follows:

(1) If the results of an antibiotic, pesticide, or other drug residue test under RCW 15.36.110 are above the actionable level established in the pasteurized milk ordinance published by the United States public health service and determined using procedures set forth in the current edition of "Standard Methods for the Examination of Dairy Products," a producer holding a grade A permit is subject to a civil penalty. The penalty shall be in an amount equal to one-half the value of the sum of the volumes of milk equivalent produced under the permit on the day prior to and the day of the adulteration. The value of the milk shall be computed by the weighted average price for the federal market order under which the milk is delivered.

(2) The penalty is imposed by the department giving a written notice which is either personally served upon or transmitted by certified mail, return receipt requested, to the person incurring the penalty. The notice of the civil penalty shall be a final order of the department unless, within fifteen days after the notice is received, the person incurring the penalty appeals the penalty by filing a notice of appeal with the department. If a notice of appeal is filed in a timely manner, a hearing shall be conducted on behalf of the department by the office of administrative hearings in accordance with chapters 34.05 and 34.12 RCW ((and, to the extent they are not inconsistent with this subsection, the provisions of RCW 15.36.580)). At the conclusion of the hearing, the department shall determine whether the penalty should be affirmed, and, if so, shall issue a final order setting forth the civil penalty assessed, if any. The order may be appealed to superior court in accordance with chapter 34.05 RCW. Tests performed for antibiotic, pesticide, or other drug residues by a state or certified industry laboratory of a milk sample drawn by a department official or a licensed dairy technician shall be admitted as prima facie evidence of the presence or absence of an antibiotic, pesticide, or other drug residue.

(3) Any penalty imposed under this section is due and payable upon the issuance of the final order by the department. The penalty shall be deducted by the violator's marketing organization from the violator's final payment for the month following the issuance of the final order. The department shall promptly notify the violator's marketing organization of any penalties contained in the final order.

(4) All penalties received or recovered from violations of this section shall be remitted monthly by the violator's marketing organization to the Washington state dairy products commission and deposited in a revolving fund to be used solely for the purposes of education and research. No appropriation is required for disbursements from this fund.

(5) In case of a violation of the antibiotic, pesticide, or other drug residue test requirements, an investigation shall be made to determine the cause of the residue which shall be corrected. Additional samples shall be taken as soon as possible and tested as soon as feasible for antibiotic, pesticide, or other drug residue by the department or a certified laboratory. After the notice has been received by the producer and the results of a test of such an additional sample indicate that residues are above the actionable level or levels referred to in subsection (1) of this section, the producer's milk may not be sold until a sample is shown to be below the actionable levels established for the residues.

Sec. 2. RCW 69.07.040 and 1992 c 160 s 3 are each amended to read as follows:

It shall be unlawful for any person to operate a food processing plant or process foods in the state without first having obtained an annual license from the department, which shall expire on a date set by rule by the director. License fees shall be prorated where necessary to accommodate staggering of expiration dates. Application for a license shall be on a form prescribed by the director and accompanied by the license fee. The license fee is determined by computing the gross annual sales for the accounting year immediately preceding the license year. If the license is for a new operator, the license fee shall be based on an estimated gross annual sales for the initial license period.

If gross annual sales are: The license fee is:

$0 to $50,000 $50.00

$50,001 to $500,000 $100.00

$500,001 to $1,000,000 $200.00

$1,000,001 to $5,000,000 $350.00

$5,000,001 to $10,000,000 $500.00

Greater than $10,000,000 $750.00

Such application shall include the full name of the applicant for the license and the location of the food processing plant he or she intends to operate. If such applicant is an individual, receiver, trustee, firm, partnership, association or corporation, the full name of each

member of the firm or partnership, or names of the officers of the association or corporation shall be given on the application. Such application shall further state the principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant. The application shall also specify the type of food to be processed and the method or nature of processing operation or preservation of that food and any other necessary information. Upon the approval of the application by the director and compliance with the provisions of this chapter, including the applicable regulations adopted hereunder by the department, the applicant shall be issued a license or renewal thereof.

Licenses shall be issued to cover only those products, processes, and operations specified in the license application and approved for licensing. Wherever a license holder wishes to engage in processing a type of food product that is different than the type specified on the application supporting the licensee's existing license and processing that type of food product would require a major addition to or modification of the licensee's processing facilities or has a high potential for harm, the licensee shall submit an amendment to the current license application. In such a case, the licensee may engage in processing the new type of food product only after the amendment has been approved by the department.

If upon investigation by the director, it is determined that a person is processing food for retail sale and is not under permit, license, or inspection by a local health authority, then that person may be considered a food processor and subject to the provisions of this chapter. The director may waive the licensure requirements of this chapter for a person's operations at a facility if the person is licensed under chapter 15.32 RCW or has a permit under chapter 15.36 RCW to conduct the same or a similar operation at the facility.

Sec. 3. RCW 15.36.595 and 1989 c 175 s 49 are each amended to read as follows:

(1) The director of agriculture shall adopt rules imposing a civil penalty for violations of the standards for component parts of fluid dairy products which are established by RCW 15.36.030 or adopted pursuant to RCW 69.04.398. The penalty shall not exceed ten thousand dollars and shall be such as is necessary to achieve proper enforcement of the standards. The rules shall be adopted before January 1, 1987, and shall become effective on July 1, 1987.

(2) The penalty is imposed by the department giving a written notice which is either personally served upon or transmitted by certified mail, return receipt requested, to the person incurring the penalty. The notice of the civil penalty shall be a final order of the department unless, within fifteen days after the notice is received, the person incurring the penalty appeals the penalty by filing a notice of appeal with the department. If a notice of appeal is filed in a timely manner, a hearing shall be conducted on behalf of the department by the office of administrative hearings in accordance with chapters 34.05 and 34.12 RCW ((and, to the extent they are not inconsistent with this subsection, the provisions of RCW 15.36.580)). At the conclusion of the hearing, the department shall determine whether the penalty should be affirmed, reduced, or not imposed and shall issue a final order setting forth the civil penalty assessed, if any. The order may be appealed to superior court in accordance with chapter 34.05 RCW. Tests performed for the component parts of milk products by a state laboratory of a milk sample collected by a department official shall be admitted as prima facie evidence of the amounts of milk components in the product.

(3) Any penalty imposed under this section is due and payable upon the issuance of the final order by the department.

(4) All penalties received or recovered from violations of this section shall be remitted by the violator to the department and deposited in the revolving fund of the Washington state dairy products commission. One-half of the funds received shall be used for purposes of education with the remainder one-half to be used for dairy processing or marketing research, or both. No appropriation is required for disbursements from this fund.

(5) In case of a violation of the standards for the composition of milk products, an investigation shall be made to determine the cause of the violation which shall be corrected. Additional samples shall be taken as soon as possible and tested by the department.

NEW SECTION. Sec. 4. RCW 15.36.580 and 1989 c 354 s 26, 1987 c 202 s 175, 1981 c 67 s 17, & 1961 c 11 s 15.36.580 are each repealed.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Rasmussen, the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5379.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5379, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5379, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.

Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams, Winsley and Wojahn - 40.

Excused: Senators Anderson, McCaslin, Moyer, Niemi, Owen, Rinehart, Smith, L., Talmadge and Vognild - 9.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5379, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 6, 1993

MR. PRESIDENT:

The House has passed SENATE BILL NO. 5387 with the following amendment(s):

On page 4, after line 7, insert "NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.", and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk

MOTION

On motion of Senator Fraser, the Senate concurred in the House amendment to Senate Bill No. 5387.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5387, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5387, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 1; Excused, 9.

Absent: Senator Williams - 1.

Excused: Senators Anderson, McCaslin, Moyer, Niemi, Owen, Rinehart, Smith, L., Talmadge and Vognild - 9.

SENATE BILL NO. 5387, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 15, 1993

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 5402 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The legislature finds:

(a) Mathematics, science, and technology subtly but profoundly impact the lives of Washington state residents. In the coming years mathematics, science, and technology will become increasingly important in addressing societal concerns about health, environmental protection, conservation, energy supply, and industrial growth;

(b) There is consensus that the most likely leading industries in the twenty-first century will be in microelectronics, biotechnology, new materials industries, civilian aviation, telecommunications, robotics, and computer-related technologies. This means that literacy in mathematics, science, and technology will become increasingly important to the economic future of Washington state; and

(c) National education goal number four establishes that by the year 2000, United States students will be first in the world in science and mathematics achievement.

(2) The legislature recognizes that change is not optional and believes that only if literacy in mathematics, science, and technology is expanded to include all segments of the population can Washington state build upon existing public and private sector resources to take full advantage of the projected leading industries for the twenty-first century and achieve national education goal number four.

(3) It is the intent of the legislature to develop a long-range, comprehensive mathematics, science, and technology literacy program that reaches into all segments of society and supports a vision in which Washington state is a place where all citizens demonstrate, value, and support literacy in mathematics, science, and technology.

NEW SECTION. Sec. 2. Before July 1, 1994, the higher education coordinating board may solicit, receive, and expend any private gifts or grants to conduct the study in section 3 of this act. Funds shall be expended in accordance with the conditions contingent in the gift or grant of those funds.

NEW SECTION. Sec. 3. If sufficient funding from public or private sources is made available specifically for the purposes of this act by July 1, 1994, the higher education coordinating board shall contract with an appropriate person or entity to conduct a study on the feasibility and desirability of creating a Washington state institute for science, technology, and society. The study shall be completed by July 1, 1995.

NEW SECTION. Sec. 4. The study in section 3 of this act shall include but not be limited to:

(1) Identification of an appropriate role and mission for the institute;

(2) Options for a governmental structure and location of an institute; and

(3) Options for funding.

NEW SECTION. Sec. 5. For the purpose of the study in section 3 of this act, the purpose of a Washington state institute for science, technology, and society is as follows:

(1) Implementation of a long-range comprehensive mathematics, science, and technology literacy program;

(2) Development, identification, and dissemination of math, science, and technology curriculum options, textbooks, and course materials;

(3) Provide institutes, workshops, and in-service training to teachers, college and university professors, and school administrators;

(4) Coordinate the dissemination of information to groups and agencies, including a clearinghouse of speakers on mathematics, science, and technology literacy; and

(5) Provide technical expertise to common schools and institutions of higher education.

NEW SECTION. Sec. 6. Based on the study conducted under section 3 of this act, the higher education coordinating board shall report findings, conclusions, and recommendations to the legislature and the governor no later than January 1, 1996.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Bauer, the Senate concurred in the House amendment to Substitute Senate Bill No. 5402.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5402, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5402, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams, Winsley and Wojahn - 41.

Excused: Senators McCaslin, Moyer, Niemi, Owen, Rinehart, Smith, L., Talmadge and Vognild - 8.

SUBSTITUTE SENATE BILL NO. 5402, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 5, 1993

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 5404 with the following amendment(s):

On page 1, line 13, after "include" insert "reasonable"

On page 2, line 5, after "recover its" insert "reasonable", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Fraser, the Senate concurred in the House amendments to Substitute Senate Bill No. 5404.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5404, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5404, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 1; Absent, 0; Excused, 8.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams, Winsley and Wojahn - 40.

Voting nay: Senator Bluechel - 1.

Excused: Senators McCaslin, Moyer, Niemi, Owen, Rinehart, Smith, L., Talmadge and Vognild - 8.

SUBSTITUTE SENATE BILL NO. 5404, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

April 9, 1993

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5452 with the following amendment(s):

On page 1, line 14, after "county" strike all material down to and including "county" on line 15 and insert "or city jail shall be remitted to the county or city for criminal justice purposes", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Adam Smith, the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5452.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5452, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5452, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams, Winsley and Wojahn - 40.

Absent: Senator Loveland - 1.

Excused: Senators McCaslin, Moyer, Niemi, Owen, Rinehart, Smith, L., Talmadge and Vognild - 8.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5452, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGES FROM THE HOUSE

April 17, 1993

MR. PRESIDENT:

The House has passed:

ENGROSSED HOUSE BILL NO. 2122,

ENGROSSED HOUSE BILL NO. 2123, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

April 17, 1993

MR. PRESIDENT:

The House has passed:

HOUSE BILL NO. 1800,

SUBSTITUTE HOUSE BILL NO. 2070,

SUBSTITUTE HOUSE BILL NO. 2098,

HOUSE BILL NO. 2114,

HOUSE BILL NO. 2119,

HOUSE BILL NO. 2130, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

April 17, 1993

MR. PRESIDENT:

The Speaker has signed:

SENATE BILL NO. 5060,

SECOND SUBSTITUTE SENATE BILL NO. 5288,

SUBSTITUTE SENATE BILL NO. 5337,

SENATE BILL NO. 5455,

SUBSTITUTE SENATE BILL NO. 5471,

SUBSTITUTE SENATE BILL NO. 5479,

SENATE BILL NO. 5494,

SUBSTITUTE SENATE BILL NO. 5520,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5615,

SENATE BILL NO. 5689,

SUBSTITUTE SENATE BILL NO. 5878, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Jesernig, the Senate advanced to the fifth order of business.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

HB 1800 by Representatives Ogden, Romero, Wang, Veloria, Anderson, Wineberry, Rayburn, R. Meyers, King and J. Kohl (by request of Office of Minority and Women's Business Enterprises)

Funding the office of minority and women's business enterprises.

HOLD.

SHB 2070 by House Committee on Human Services (originally sponsored by Representatives Patterson, Leonard, Brough, Shin and Karahalios)

Modifying financial responsibility for juvenile offenders.

HOLD.

SHB 2098 by House Committee on Health Care (originally sponsored by Representative Valle) (by request of Department of Social and Health Services)

Enhancing community options long-term care program.

HOLD.

HB 2114 by Representative G. Fisher (by request of Office of Financial Management)

Crediting earnings on balances of certain treasury accounts.

HOLD.

HB 2119 by Representatives Dunshee, Lemmon and Wolfe (by request of Office of Financial Management)

Abolishing the state professional athletic commission.

HOLD.

EHB 2122 by Representatives Linville, Locke, Peery, Lemmon, Dellwo and Anderson (by request of Office of Financial Management)

Authorizing early retirement for certain employees of PERS and TRS.

HOLD.

EHB 2123 by Representatives Jacobsen, Quall and Brumsickle (by request of Office of Financial Management)

Allowing insurance benefits for graduate service appointments.

HOLD.

HB 2130 by Representatives Locke, Dellwo and Miller (by request of Department of Social and Health Services)

Modifying requirements for the acquired human immunodeficiency syndrome insurance program.

HOLD.

MOTION

On motion of Senator Jesernig, House Bill No. 1800, Substitute House Bill No. 2070, Substitute House Bill No. 2098, House Bill No. 2114, House Bill No. 2119, Engrossed House Bill No. 2122, Engrossed House Bill No. 2123 and House Bill No. 2130 were advanced to second reading and placed on the second reading calendar.

MOTION

At 3:00 p.m., on motion of Senator Jesernig, the Senate adjourned until 1:00 p.m., Sunday, April 18, 1993.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate