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ONE HUNDRED-SECOND DAY

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MORNING SESSION

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Senate Chamber, Olympia, Thursday, April 22, 1993

     The Senate was called to order at 9:30 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Bluechel, Drew, Hargrove, McDonald, Pelz and Rinehart. On motion of Senator Loveland, Senators Hargrove, Pelz and Rinehart were excused. On motion of Senator Oke, Senators Bluechel and McDonald were excused. On motion of Senator Spanel, Senator Drew was excused.

     The Sergeant at Arms Color Guard, consisting of Pages Frank Sadler and Chad Sage, presented the Colors. Reverend Jerry Chapdelaine, Guidance Counselor at Bellarmine Preparatory School in Tacoma, and a guest of Senator Gaspard, 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.

INTRODUCTION AND FIRST READING

SB 5988          by Senators Prentice, West and Vognild

AN ACT Relating to clinical laboratory science practitioners; adding a new chapter to Title 18 RCW; creating a new section; prescribing penalties; providing effective dates; and declaring an emergency.

Referred to Committee on Health and Human Services.

SIGNED BY THE PRESIDENT

     The President signed:

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5702.

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

MESSAGES FROM THE HOUSE

April 21, 1993

MR. PRESIDENT:

     The House grants the request of the Senate for a conference on SUBSTITUTE HOUSE BILL NO. 1122. The Speaker has appointed the following members as conferees: Representatives Pruitt, Dunshee and Edmondson.

ALAN THOMPSON, Chief Clerk

April 21, 1993

MR. PRESIDENT:

     The House grants the request of the Senate for a conference on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1761. The Speaker has appointed the following members as conferees: Representatives H. Myers, R. Fisher and Edmondson.

ALAN THOMPSON, Chief Clerk

April 21, 1993

MR. PRESIDENT:

     The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 5044. The Speaker has appointed the following members as conferees: Representatives H. Myers, Romero and Horn.

ALAN THOMPSON, Chief Clerk

April 21, 1993

MR. PRESIDENT:

     The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 5407. The Speaker has appointed the following members as conferees: Representatives Rust, L. Johnson and Horn.

MARILYN Showalter, Deputy Chief Clerk

April 21, 1993

MR. PRESIDENT:

     The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 5704. The Speaker has appointed the following members as conferees: Representatives Appelwick, Ludwig and Padden.

MARILYN Showalter, Deputy Chief Clerk

April 21, 1993

MR. PRESIDENT:

     The House grants the request of the Senate for a conference on SENATE BILL NO. 5815. The Speaker has appointed the following members as conferees: Representatives Appelwick, Riley and Padden.

MARILYN Showalter, Deputy Chief Clerk

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

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

                        On motion of Senator Moore, Gubernatorial Appointment No. 9209, Gary Moore, as a member of the Investment Board, was confirmed.

APPOINTMENT OF GARY MOORE

     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

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

     Excused: Senators Bluechel, Drew, Hargrove, McDonald, Pelz and Rinehart - 6.

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

STATEMENT FOR THE JOURNAL

     I missed voting on House Bill No. 1379, without the Senate amendment(s). I was conducting a meeting in the majority caucus room related to utility liens and was not able to vote. Had I been able to vote, I would have voted 'yes.'

SENATOR DEAN SUTHERLAND, 17th District

MESSAGE FROM THE HOUSE

April 21, 1993

MR. PRESIDENT:

     The Speaker ruled the Senate amendment(s) to HOUSE BILL NO. 1379 beyond the scope and object of the bill. The House refuses to concur in said amendment(s) and asks the Senate to recede therefrom, and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk

MOTION

     On motion of Senator Vognild, the Senate receded from its amendment(s) to House Bill No. 1379.

     The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1379, without the Senate amendment(s).

ROLL CALL

     The Secretary called the roll on the final passage of House Bill No. 1379, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.

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

     Absent: Senator Sutherland - 1.

     Excused: Senators Bluechel, Drew, Hargrove, McDonald, Pelz and Rinehart - 6.

     HOUSE BILL NO. 1379, without the Senate amendment(s), 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 17, 1993

MR. PRESIDENT:

     The House has passed SENATE BILL NO. 5638 with the following amendment(s):

     On page 2, line 12, after "practices" insert "adopted by the governing body of a local government and"

     On page 2, after line 22, insert the following:

     "The appraisal shall also take into consideration any reduction in property values or highest and best use that are the result of a direct government action. If notified by a real property owner or by a state, county, or city authority of a change in permitted use of a parcel of real property, the county assessor shall review the impact of the change in permitted use on the highest and best use of the real property and shall relist, revalue, reassess, and retax the property accordingly."

     On page 3, after line 2, insert the following:

     "(4) Counties, cities, and towns shall be responsible for providing county assessors information concerning governmental policies or practices, including moratoriums, in effect at the time of appraisal that directly affect the value or use of the appraised property.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

     On motion of Senator Haugen, the Senate refuses to concur in the House amendments to Senate Bill No. 5638 and asks the House to recede therefrom.

MOTION

     At 9:58 a.m., on motion of Senator Jesernig, the Senate recessed until 10:15 a.m.

     The Senate was called to order at 10:49 a.m. by President Pritchard.

MESSAGE FROM THE HOUSE

April 22, 1993

MR. PRESIDENT:

     The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1135 and passed the bill as amended by the Senate.

ALAN THOMPSON, Chief Clerk

MESSAGE FROM THE HOUSE

April 20, 1993

MR. PRESIDENT:

     The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1393 and asks the Senate to recede therefrom, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

     On motion of Senator Moore, the Senate refuses to recede from its amendment(s) to Engrossed Substitute House Bill No. 1393, insists on its position and asks the House to concur therein.

MESSAGE FROM THE HOUSE

April 20, 1993

MR. PRESIDENT:

     The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1505 and asks the Senate to recede therefrom, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

     On motion of Senator Vognild, the Senate receded from its amendment(s) to Engrossed Substitute House Bill No. 1505.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1505, without the Senate amendment(s).

ROLL CALL

     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1505, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 36; Nays, 9; Absent, 3; Excused, 1.

     Voting yea: Senators Amondson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Niemi, Pelz, Prentice, Quigley, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 36.

     Voting nay: Senators Anderson, Barr, Bluechel, McCaslin, McDonald, Nelson, Newhouse, Oke and Prince - 9.

     Absent: Senators Hochstatter, Owen and Rasmussen, M. - 3.

     Excused: Senator Rinehart - 1.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1505, without the Senate amendment(s), 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, Senators Hochstatter and McCaslin were excused.

MESSAGE FROM THE HOUSE

April 21, 1993

MR. PRESIDENT:

     The House refuses to recede from its amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 5157, insists on its position and asks the Senate to concur therein, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

     Senator Adam Smith moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5157.

POINT OF INQUIRY

     Senator Newhouse: "Senator Smith, would you describe the amendments to us and the situation, please?"

     Senator Adam Smith: "This is the bill that had to do with statutory attorney's fees received in district court. When you don't plead a specific amount of attorney's fees, you receive just a statutory amount. This happens in small cases. Currently, in all courts, except district court, the statutory amount is a hundred twenty-five dollars. The district court amount is fifty dollars, but you only receive it if you receive a minimum of twenty-five dollars in the judgment. What this bill does, originally, it bumped it up to fifty dollars, the minimum amount, and bumped the attorney's fees up to one hundred and twenty-five.

     "On the floor, we changed that, and said the statutory attorney's fees are a hundred dollars and it floats below that. So, in other words, you would have to collect at least a hundred to get a hundred. If you collected eighty, you would get eighty and so on down the line. My understanding is this is something new that just sort of messes up the fee schedule. I mean why create more confusion in the system. So, we are going back to what the original bill had wanted to do before we messed around with it in committee and, basically, doing what they brought to us in the first place, because it turned out, in my opinion, that they had the better approach."

     The President declared the question before the Senate to be the motion by Senator Adam Smith that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5157.

     The motion by Senator Adam Smith carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5157.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5157, as amended by the House.

ROLL CALL

     The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5157, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 4; Absent, 1; Excused, 3.

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

     Voting nay: Senators Amondson, Anderson, Bluechel and Smith, L. - 4.

     Absent: Senator Owen - 1.

     Excused: Senators Hochstatter, McCaslin and Rinehart - 3.

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5157, 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.

PERSONAL PRIVILEGE

     Senator Wojahn: "A point of personal privilege. I believe that Mason Middle School is in the heart of the Twenty-Seventh District of Tacoma and I want to welcome these students. Thank you, Mr. President."

MESSAGE FROM THE HOUSE

April 21, 1993

MR. PRESIDENT:

     The House refuses to recede from its amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 5844, insists on its position and asks the Senate to concur therein, 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(s) to Engrossed Substitute Senate Bill No. 5844 and requests of the House a conference thereon.

APPOINTMENT OF CONFERENCE COMMITTEE

     The President appointed as members of the Conference Committee on Engrossed Substitute Senate Bill No. 5844 and the House amendment(s) thereto: Senators Haugen, Winsley and McAuliffe.

MOTION

     On motion of Senator Haugen, the Conference Committee appointments were confirmed.

     There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5736, deferred April 20, 1993, after the President ruled the House striking amendment in order and the roll call had been sustained on the motion to concur in the House striking amendment.

     Debate ensued.

     The President declared the question before the Senate to be the roll call on the motion to concur in the House striking amendment to Substitute Senate Bill No. 5736.

ROLL CALL

     The Secretary called the roll and the Senate concurred in the House striking amendment to Substitute Senate Bill No. 5736 by the following vote: Yeas, 34; Nays, 12; Absent, 1; Excused, 2.

     Voting yea: Senators Amondson, Barr, Bauer, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, Moore, Moyer, Nelson, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West and Winsley - 34.

     Voting nay: Senators Anderson, Bluechel, Cantu, Haugen, McCaslin, McDonald, Newhouse, Niemi, Sellar, Talmadge, Williams and Wojahn - 12.

     Absent: Senator Owen - 1.

     Excused: Senators Drew and Rinehart - 2.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5736, as amended by the House.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5736, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 8; Absent, 1; Excused, 2.

     Voting yea: Senators Amondson, Bauer, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 38.

     Voting nay: Senators Anderson, Barr, Bluechel, Cantu, McCaslin, McDonald, Sellar and Wojahn - 8.

     Absent: Senator Owen - 1.

     Excused: Senators Drew and Rinehart - 2.

     SUBSTITUTE SENATE BILL NO. 5736, 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 21, 1993

MR. PRESIDENT:

     The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1069 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Appelwick, Ludwig and Padden.

MARILYN SHOWALTER, Deputy Chief Clerk

MOTION

     On motion of Senator Adam Smith, the Senate grants the request of the House for a conference on Substitute House Bill No. 1069 and the Senate amendment(s) thereto.

APPOINTMENT OF CONFERENCE COMMITTEE

     The President appointed as members of the Conference Committee on Substitute House Bill No. 1069 and the Senate amendment(s) thereto: Senators Adam Smith, Nelson and Quigley.

MOTION

     On motion of Senator Adam Smith, the Conference Committee appointments were confirmed.

MESSAGE FROM THE HOUSE

April 21, 1993

MR. PRESIDENT:

     The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1236 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Pruitt, Rust and Chandler.

ALAN THOMPSON, Chief Clerk

MOTION

     On motion of Senator Fraser, the Senate grants the request of the House for a conference on Engrossed Substitute House Bill No. 1236 and the Senate amendment(s) thereto.

APPOINTMENT OF CONFERENCE COMMITTEE

     The President appointed as members of the Conference Committee on Engrossed Substitute House Bill No. 1236 and the Senate amendment(s) thereto: Senators Fraser, Barr and Sutherland.

MOTION

     On motion of Senator Fraser, the Conference Committee appointments were confirmed.

MESSAGE FROM THE HOUSE

April 21, 1993

MR. PRESIDENT:

     The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1862 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives G. Fisher, Foreman and Mastin.

ALAN THOMPSON, Chief Clerk

MOTION

     On motion of Senator Jesernig, the Senate grants the request of the House for a conference on Engrossed Substitute House Bill No. 1862 and the Senate amendment(s) thereto.

APPOINTMENT OF CONFERENCE COMMITTEE

     The President appointed as members of the Conference Committee on Engrossed Substitute House Bill No. 1862 and the Senate amendment(s) thereto: Senators Loveland, Deccio and Jesernig.

MOTION

     On motion of Senator Jesernig, the Conference Committee appointments were confirmed.

MESSAGE FROM THE HOUSE

April 21, 1993

MR. PRESIDENT:

     The House insists on its position regarding the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2067 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives R. Fisher, Jones and Schmidt.

ALAN THOMPSON, Chief Clerk

MOTION

     On motion of Senator Jesernig, the Senate grants the request of the House for a conference on Engrossed Substitute House Bill No. 2067 and the Senate amendment(s) thereto.

APPOINTMENT OF CONFERENCE COMMITTEE

     The President appointed as members of the Conference Committee on Engrossed Substitute House Bill No. 2067 and the Senate amendment(s) thereto: Senators Prentice, Prince and Sheldon.

MOTION

     On motion of Senator Jesernig, the Conference Committee appointments were confirmed.

MESSAGE FROM THE HOUSE

April 21, 1993

MR. PRESIDENT:

     The House insists on its position regarding the House amendment(s) to SENATE BILL NO. 5375 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Ogden, Valle and Reams.

ALAN THOMPSON, Chief Clerk

MOTION

     On motion of Senator Jesernig, the Senate grants the request of the House for a conference on Senate Bill No. 5375 and the House amendment(s) thereto.

APPOINTMENT OF CONFERENCE COMMITTEE

     The President appointed as members of the Conference Committee on Senate Bill No. 5375 and the House amendment(s) thereto: Senators Haugen, Linda Smith and Bauer.

MOTION

     On motion of Senator Jesernig, the Conference Committee appointments were confirmed.

MOTION

     At 11:33 a.m., on motion of Senator Jesernig, the Senate recessed until 2:00 p.m.

     The Senate was called to order at 2:14 p.m. by President Pritchard.

MESSAGE FROM THE HOUSE

April 17, 1993

MR. PRESIDENT:

     The House has passed SENATE BILL NO. 5352 with the following amendment(s):

     On page 2, after line 6, insert the following:

      "NEW SECTION. Sec. 2. A new section is added to chapter 41.50 RCW to read as follows:

      Members of the teachers' retirement system who retired prior to January 1, 1993, from service with a community college district whose reported earnable compensation included payments made pursuant to an agreement to terminate or retire, or to provide notice of intent to retire, and whose retirement allowance has been reduced under RCW 41.50.150 or is reduced after the effective date of this act under section (1) of this act, shall have an opportunity to change the retirement allowance payment option selected by the member under RCW 41.32.530. Any request for a change shall be made in writing to the department no later than October 31, 1993 and shall apply prospectively only."

      On page 2, after line 6, insert the following:

      "NEW SECTION. Sec. 2. A new section is added to chapter 41.50 RCW to read as follows:

      (1) Retirees whose reported earnable compensation included payments made pursuant to an agreement to terminate or retire, or to provide notice of intent to retire, shall not be required to repay to the trust funds any overpayments resulting from the employer misreporting, subject to the conditions provided in subsection (2) of this section. The retirees' allowances shall be prospectively adjusted to reflect the benefits to which the retirees are correctly entitled.

      (2) Subsection (1) of this section shall apply only to members of the teachers' retirement system who retired prior to January 1, 1993, from service with a community college district.

      (3) Any retirees under subsection (2) of this section who, since January 1, 1990, have had their retirement allowances reduced under RCW 41.50.130(1)(b) because of the inclusion of retirement agreement payments in calculating their allowances, shall have their allowances adjusted to reflect the benefits to which the retirees are correctly entitled, but without a reduction to recoup prior overpayments. The retirees shall be reimbursed by the retirement system for the cumulative amount of the reduction in the retirement allowance that has occurred since January 1, 1990, to recoup prior overpayments.

      (4) Any retirees covered by subsection (2) of this section who, after January 1, 1990, repaid a previous overpayment in a lump sum under RCW 41.50.130(1)(b) because of the inclusion of retirement agreement payments in calculating their allowances, shall be reimbursed by the retirement system for the amount of the lump sum repayment.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

     On motion of Senator Spanel, the Senate concurred in the House amendments to Senate Bill No. 5352.

     The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5352, as amended by the House.

ROLL CALL

     The Secretary called the roll on the final passage of Senate Bill No. 5352, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 4; Excused, 2.

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

     Absent: Senators Haugen, Moore, West and Winsley - 4.

     Excused: Senators Drew and Rinehart - 2.

     SENATE BILL NO. 5352, 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.

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

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

                        On motion of Senator Moore, Gubernatorial Appointment No. 9118, Vernon E. Stoner, as Commissioner of the Employment Security Department, was confirmed.

APPOINTMENT OF VERNON E. STONER

     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.

     Excused: Senators Drew and Rinehart - 2.

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

MESSAGE FROM THE HOUSE

April 20, 1993

MR. PRESIDENT:

     The House refuses to grant the Senate's request for a conference, insists on its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5195 and asks the Senate to concur therein, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

     On motion of Senator Moore, the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5195.

POINT OF INQUIRY

     Senator Amondson: "Senator Moore, does passage of Substitute Senate Bill No. 5195, as amended by the House, affect the current remedies available under or the interpretation of RCW 21.20.010?"

     Senator Moore: "No, the bill provides express causes of action with regards to securities churning and unsuitable investments without disturbing the current remedies or interpretation of RCW 21.20.010."

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5195, as amended by the House.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5195, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 9; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 38.

     Voting nay: Senators Amondson, Anderson, Barr, Hochstatter, McCaslin, McDonald, Oke, Roach and Sellar - 9.

     Excused: Senators Drew and Rinehart - 2.

     SUBSTITUTE SENATE BILL NO. 5195, 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.

REPORT OF CONFERENCE COMMITTEE

SHB 1910                                                                                                                                                                 April 21, 1993

Includes "NEW ITEM": YES

     Creating an inventory system for state-owned or leased facilities.

MR. PRESIDENT:

MR. SPEAKER:

     We of your CONFERENCE COMMITTEE, to whom was referred SUBSTITUTE HOUSE BILL NO. 1910, State facilities inventory, have had the same under consideration and we recommend that:

     The Senate Committee on Government Operations amendment(s) adopted April 6, 1993, not be adopted, and that the following Conference Committee amendment(s) be adopted:

     On page 2, after line 7, insert the following:

      "NEW SECTION. Sec. 2. It is the purpose of sections 3 and 4 of this act to give authority to the office of archaeology and historic preservation to identify and record all state-owned facilities to determine which of these facilities may be considered historically significant and to require the office to provide copies of the inventory to departments, agencies, and institutions that have jurisdiction over the buildings and sites listed.

      NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the following definitions apply throughout section 4 of this act.

      (1) "Agency" means the state agency, department, or institution that has ownership of historic property.

      (2) "Historic properties" means those buildings, sites, objects, structures, and districts that are listed in or eligible for listing in the National Register of Historic Places.

      (3) "Office" means the office of archaeology and historic preservation within the department of community development.

      NEW SECTION. Sec. 4. (1) By January 2, 1994, the office shall provide each agency with a list of the agency's properties currently listed on the National Register of Historic Places. By January 2, 1995, agencies that own property shall provide to the office a list of those properties that are either at least fifty years old or that may be eligible for listing in the National Register of Historic Places. If funding is available, the office may provide grants to state agencies to assist in the development of the agency's list. By June 30, 1995, the office shall compile and disseminate an inventory of state-owned historic properties.

      (2) The office shall provide technical information to agency staff involved with the identification of historic properties, including the criteria for facilities to be placed on the National Register of Historic Places.

      NEW SECTION. Sec. 5. Sections 3 and 4 of this act are each added to chapter 27.34 RCW."

      On page 1, line 2 of the title, after "facilities;" strike the remainder of the title and insert "adding a new section to chapter 43.82 RCW; adding new sections to chapter 27.34 RCW; and creating a new section.", and that the bill do pass as recommended by the Conference Committee.

     Signed by: Senators Haugen, Winsley, Loveland; Representatives Wang, Ogden, Silver.

MOTION

     On motion of Senator Haugen, the Senate adopted the Report of the Conference Committee on Substitute House Bill No. 1910.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1910, as recommended by the Conference Committee.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute House Bill No. 1910, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.

     Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 44.

     Voting nay: Senators Amondson, Barr and Sellar - 3.

     Excused: Senators Drew and Rinehart - 2.

     SUBSTITUTE HOUSE BILL NO. 1910, as recommended by the Conference Committee, 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 19, 1993

MR. PRESIDENT:

     The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1541 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Dellwo, Orr and Dyer.

ALAN THOMPSON, Chief Clerk

MOTION

     On motion of Senator Talmadge, the Senate grants the request of the House for a conference on Engrossed Substitute House Bill No. 1541 and the Senate amendment(s) thereto.

APPOINTMENT OF CONFERENCE COMMITTEE

     The President appointed as members of the Conference Committee on Engrossed Substitute House Bill No. 1541 and the Senate amendment(s) thereto: Senators Talmadge, Erwin and Wojahn.

MOTION

     On motion of Senator Talmadge, the Conference Committee appointments were confirmed.

MOTION

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

MOTION

     On motion of Senator Cantu, the following resolution was adopted:

SENATE RESOLUTION 1993-8642

By Senator Cantu

     WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and

     WHEREAS, The sports of swimming and diving are well established and deeply rooted in the state of Washington; and

     WHEREAS, The competition in swimming and diving is of the highest level; and

     WHEREAS, The Mercer Island Girls' Swim and Diving Team rose to the highest level in sporting competition by winning the State Championship on November 14, 1992; and

     WHEREAS, This crowning achievement is even more remarkable since the Mercer Island Girls' Swim and Diving Team established a perfect record of 13 wins and 0 losses; and

     WHEREAS, The Mercer Island Girls' Swim Team is directed by the outstanding coaching of Frank Ceteznik and assistant Bob Harshbarger; and

     WHEREAS, These accomplishments could not have happened without the perseverance and dedication of team members Amy Anderson, Anett Ari, Lisa Bondi, Shannon Carter, Lindsay Clothier, Tara Cook, Becky Frost, Colleen Gaffney, Tanya Gutschmidt, Kim Helsel, Christine Jahncke, Amy Johnstone, Kristin King, Lindsay Kircher, Erika Kubisch, Katie LeClercq, Tatum Lipman, Christine Lukas, Becky Masuda, Karyn Meyer, Stacey Nakagawa, Maurisa Pollock, Marla Robertson, Kristin Schembs, Amy Sproul, Tricia Stearns, Jenny Strasburger, Diana Vadocz, and Michele White along with managers and support staff Justin Reichman, Clay Robinson, John Steding, Nick LeClerq, and Christine Robertson whose combined talents reached the highest peak in athletic endeavors; and

     WHEREAS, The proud community and school hope that one day one of these athletes may go on to win a gold medal in the Olympics just as one alumni of Mercer Island did; and

     WHEREAS, The pride of this achievement shall follow the members of this team, the school, the community, and all the citizens of the state of Washington;

     NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington honor the 1992 Mercer Island High School Girls' Swim and Diving Team; and

     BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Secretary of the Senate to Head Coach Frank Ceteznik, the entire 1992 Mercer Island High School Girls' Swim and Diving Team, and the Principal of Mercer Island High School, Gary Bridgman.

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

MESSAGE FROM THE HOUSE

April 21, 1993

MR. PRESIDENT:

     The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1855 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Zellinsky, Kessler and Mielke.

MARILYN SHOWALTER, Deputy Chief Clerk

MOTION

     On motion of Senator Moore, the Senate grants the request of the House for a conference on Substitute House Bill No. 1855 and the Senate amendment(s) thereto.

APPOINTMENT OF CONFERENCE COMMITTEE

     The President appointed as members of the Conference Committee on Substitute House Bill No. 1855 and the Senate amendment(s) thereto: Senators Moore, Newhouse and Fraser.

MOTION

     On motion of Senator Moore, the Conference Committee appointments were confirmed.

MOTION

     At 2:53 p.m., on motion of Senator Jesernig, the Senate recessed until 4:00 p.m.

     The Senate was called to order at 4:27 p.m. by President Pritchard.

MESSAGES FROM THE HOUSE

April 22, 1993

MR. PRESIDENT:

     The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1662 and passed the bill as amended by the Senate.

ALAN THOMPSON, Chief Clerk

April 22, 1993

MR. PRESIDENT:

     The House concurred in the Senate amendment(s) to HOUSE BILL NO. 1479 and passed the bill as amended by the Senate.

ALAN THOMPSON, Chief Clerk

April 22, 1993

MR. PRESIDENT:

     The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1988 and passed the bill as amended by the Senate.

ALAN THOMPSON, Chief Clerk

April 22, 1993

MR. PRESIDENT:

     The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1818 and passed the bill as amended by the Senate.

ALAN THOMPSON, Chief Clerk

April 22, 1993

MR. PRESIDENT:

     The House concurred in the Senate amendment(s) to HOUSE BILL NO. 1809 and passed the bill as amended by the Senate.

ALAN THOMPSON, Chief Clerk

April 22, 1993

MR. PRESIDENT:

     The House grants the request of the Senate for a conference on SECOND SUBSTITUTE SENATE BILL NO. 5836. The Speaker has appointed the following members as conferees: Representatives Jacobsen, Quall and Brumsickle.

ALAN THOMPSON, Chief Clerk

SIGNED BY THE PRESIDENT

     The President signed:

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5157,

     SUBSTITUTE SENATE BILL NO. 5736.

MESSAGE FROM THE HOUSE

April 22, 1993

MR. PRESIDENT:

     The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2026 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Heavey, Karahalios and Wood.

ALAN THOMPSON, Chief Clerk

MOTION

     On motion of Senator Moore, the Senate grants the request of the House for a conference on Substitute House Bill No. 2026 and the Senate amendment(s) thereto.

APPOINTMENT OF CONFERENCE COMMITTEE

     The President appointed as members of the Conference Committee on Substitute House Bill No. 2026 and the Senate amendment(s) thereto: Senators Wojahn, Amondson and Pelz.

MOTION

     On motion of Senator Moore, the Conference Committee appointments were confirmed.

MESSAGE FROM THE HOUSE

April 21, 1993

MR. PRESIDENT:

     The House insists on its position regarding the House amendment(s) to SENATE BILL NO. 5851 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Anderson, Veloria and Dyer.

ALAN THOMPSON, Chief Clerk

MOTION

     On motion of Senator Cantu, the Senate refuses to grant the request of the House for a conference on Senate Bill No. 5851, insists on its position regarding the House amendment(s), and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

April 21, 1993

MR. PRESIDENT:

     The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5868 with the following amendment(s)

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. INTENT. The legislature finds that the long-term economic health of the state and its citizens depends upon the strength and vitality of its communities and businesses. It is the intent of this chapter to create a merged department of community, trade, and economic development that fosters new partnerships for strong and sustainable communities. The consolidation of the department of trade and economic development and the department of community development into one department will: Streamline access to services by providing a simpler point of entry for state programs; provide focused and flexible responses to changing economic conditions; generate greater local capacity to respond to both economic growth and environmental challenges; and increase accountability to the public, the executive branch, and the legislature.

      A new department can bring together a focused effort to: Manage growth and achieve sustainable development; diversify the state's economy and export goods and services; provide greater access to economic opportunity; stimulate private sector investment and entrepreneurship; provide stable family-wage jobs and meet the diverse needs of families; provide affordable housing and housing services; construct public infrastructure; protect our cultural heritage; and promote the health and safety of the state's citizens.

      The legislature further finds that as a result of the rapid pace of global social and economic change, the state and local communities will require coordinated and creative responses by every segment of the community. The state can play a role in assisting such local efforts by reorganizing state assistance efforts to promote such partnerships. The department has a primary responsibility to provide financial and technical assistance to the communities of the state, to assist in improving the delivery of federal, state, and local programs, and to provide communities with opportunities for productive and coordinated development beneficial to the well-being of communities and their residents. It is the intent of the legislature in this consolidation to maximize the use of local expertise and resources in the delivery of community and economic development services.

      NEW SECTION. Sec. 2. MANAGEMENT RESPONSIBILITY. The purpose of this chapter is to establish the broad outline of the structure of the department of community, trade, and economic development, leaving specific details of its internal organization and management to those charged with its administration. This chapter identifies the broad functions and responsibilities of the new department and is intended to provide flexibility to the director to reorganize these functions and to make recommendations for changes through the implementation plan required in section 8 of this act.

      NEW SECTION. Sec. 3. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Associate development organization" means a local economic development nonprofit corporation that is broadly representative of community interests.

      (2) "Department" means the department of community, trade, and economic development.

      (3) "Director" means the director of the department of community, trade, and economic development.

      NEW SECTION. Sec. 4. DEPARTMENT CREATED. A department of community, trade, and economic development is created. The department shall be vested with all powers and duties established or transferred to it under this chapter and such other powers and duties as may be authorized by law. Unless otherwise specifically provided in chapter ..., Laws of 1993 (this act), the existing responsibilities and functions of the agency programs will continue to be administered in accordance with their implementing legislation.

      NEW SECTION. Sec. 5. DIRECTOR'S APPOINTMENT. The executive head of the department shall be the director. The director shall be appointed by the governor with the consent of the senate, and shall serve at the pleasure of the governor. The director shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040.

      NEW SECTION. Sec. 6. DIRECTOR'S RESPONSIBILITIES. (1) The director shall supervise and administer the activities of the department and shall advise the governor and the legislature with respect to community and economic development matters affecting the state.

      (2) In addition to other powers and duties granted to the director, the director shall have the following powers and duties:

      (a) Enter into contracts on behalf of the state to carry out the purposes of this chapter;

      (b) Act for the state in the initiation of or participation in any multigovernmental program relative to the purpose of this chapter;

      (c) Accept and expend gifts and grants, whether such grants be of federal or other funds;

      (d) Appoint such deputy directors, assistant directors, and up to seven special assistants as may be needed to administer the department. These employees are exempt from the provisions of chapter 41.06 RCW;

      (e) Prepare and submit budgets for the department for executive and legislative action;

      (f) Submit recommendations for legislative actions as are deemed necessary to further the purposes of this chapter;

      (g) Adopt rules in accordance with chapter 34.05 RCW and perform all other functions necessary and proper to carry out the purposes of this chapter;

      (h) Delegate powers, duties, and functions as the director deems necessary for efficient administration, but the director shall be responsible for the official acts of the officers and employees of the department; and

      (i) Perform other duties as are necessary and consistent with law.

      (3) When federal or other funds are received by the department, they shall be promptly transferred to the state treasurer and thereafter expended only upon the approval of the director.

      (4) The director may request information and assistance from all other agencies, departments, and officials of the state, and may reimburse such agencies, departments, or officials if such a request imposes any additional expenses upon any such agency, department, or official.

      (5) The director shall, in carrying out the responsibilities of office, consult with governmental officials, private groups, and individuals and with officials of other states. All state agencies and their officials and the officials of any political subdivision of the state shall cooperate with and give such assistance to the department, including the submission of requested information, to allow the department to carry out its purposes under this chapter.

      (6) The director may establish additional advisory or coordinating groups with the legislature, within state government, with state and other governmental units, with the private sector and nonprofit entities or in specialized subject areas as may be necessary to carry out the purposes of this chapter.

      (7) The internal affairs of the department shall be under the control of the director in order that the director may manage the department in a flexible and intelligent manner as dictated by changing contemporary circumstances. Unless specifically limited by law, the director shall have complete charge and supervisory powers over the department. The director may create such administrative structures as the director deems appropriate, except as otherwise specified by law, and the director may employ such personnel as may be necessary in accordance with chapter 41.06 RCW, except as otherwise provided by law.

      NEW SECTION. Sec. 7. DEPARTMENT RESPONSIBILITIES. The department shall be responsible for promoting community and economic development within the state by assisting the state's communities to increase the quality of life of their citizens and their economic vitality, and by assisting the state's businesses to maintain and increase their economic competitiveness, while maintaining a healthy environment. Community and economic development efforts shall include: Efforts to increase economic opportunity; local planning to manage growth; the promotion and provision of affordable housing and housing-related services; providing public infrastructure; business and trade development; assisting firms and industrial sectors to increase their competitiveness; fostering the development of minority and women-owned businesses; facilitating technology development, transfer, and diffusion; community services and advocacy for low-income persons; and public safety efforts. The department shall have the following general functions and responsibilities:

      (1) Provide advisory assistance to the governor, other state agencies, and the legislature on community and economic development matters and issues;

      (2) Assist the governor in coordinating the activities of state agencies that have an impact on local government and communities;

      (3) Cooperate with the legislature and the governor in the development and implementation of strategic plans for the state's community and economic development efforts;

      (4) Solicit private and federal grants for economic and community development programs and administer such programs in conjunction with other programs assigned to the department by the governor or the legislature;

      (5) Cooperate with and provide technical and financial assistance to local governments, businesses, and community-based organizations serving the communities of the state for the purpose of aiding and encouraging orderly, productive, and coordinated development of the state, and, unless stipulated otherwise, give additional consideration to local communities and individuals with the greatest relative need and the fewest resources;

      (6) Participate with other states or subdivisions thereof in interstate programs and assist cities, counties, municipal corporations, governmental conferences or councils, and regional planning commissions to participate with other states and provinces or their subdivisions;

      (7) Hold public hearings and meetings to carry out the purposes of this chapter;

      (8) Conduct research and analysis in furtherance of the state's economic and community development efforts including maintenance of current information on market, demographic, and economic trends as they affect different industrial sectors, geographic regions, and communities with special economic and social problems in the state; and

      (9) Develop a schedule of fees for services where appropriate.

      NEW SECTION. Sec. 8. IMPLEMENTATION PLAN. (1) The director of the department of trade and economic development and the director of the department of community development shall, by November 15, 1993, jointly submit a plan to the governor for the consolidation and smooth transition of the department of trade and economic development and the department of community development into the department of community, trade, and economic development so that the department will operate as a single entity on July 1, 1994.

      (2) The plan shall include, but is not limited to, the following elements:

      (a) Strategies for combining the existing functions and responsibilities of both agencies into a coordinated and unified department including a strategic plan for each major program area that includes implementation steps, evaluation measures, and methods for collaboration among programs;

      (b) Recommendations for any changes in existing programs and functions of both agencies, including new initiatives and possible transfer of programs and functions to and from other departments;

      (c) Implementation steps necessary to bring about operation of the combined department as a single entity;

      (d) Benchmarks by which to measure progress and to evaluate the performance and effectiveness of the department's efforts; and

      (e) Strategies for coordinating and maximizing federal, state, local, international, and private sector support for community and economic development efforts within the state.

      (3) In developing this plan, the directors shall establish an advisory committee of representatives of groups using services and programs of both departments. The advisory committee shall include representatives of cities, counties, port districts, small and large businesses, labor unions, associate development organizations, low-income housing interests, housing industry, Indian tribes, community action programs, public safety groups, nonprofit community and development organizations, international trade organizations, minority and women business organizations, and any other organizations the directors determine should have input to the plan.

      NEW SECTION. Sec. 9. TRADE AND BUSINESS ASSISTANCE. (1) The department shall assist in expanding the state's role as an international center of trade, culture, and finance. The department shall promote and market the state's products and services internationally in close cooperation with other private and public international trade efforts and act as a centralized location for the assimilation and distribution of trade information.

      (2) The department shall identify and work with Washington businesses that can use local, state, and federal assistance to increase domestic and foreign exports of goods and services.

      (3) The department shall work generally with small businesses and other employers to facilitate resolution of siting, regulatory, expansion, and retention problems. This assistance shall include but not be limited to assisting in work force training and infrastructure needs, identifying and locating suitable business sites, and resolving problems with government licensing and regulatory requirements. The department shall identify gaps in needed services and develop steps to address them including private sector support and purchase of these services.

      (4) The department shall work to increase the availability of capital to small businesses by developing new and flexible investment tools and by assisting in targeting and improving the efficiency of existing investment mechanisms.

      (5) The department shall assist women and minority-owned businesses in overcoming barriers to increased investment and employment and becoming full participants in Washington's traded sector economy.

      NEW SECTION. Sec. 10. LOCAL DEVELOPMENT CAPACITY--BUILDING AND TECHNICAL ASSISTANCE. (1) The department shall work closely with local communities to increase their capacity to respond to economic, environmental, and social problems and challenges. The department shall coordinate the delivery of development services and technical assistance to local communities or regional areas. It shall promote partnerships between the public and private sectors and between state and local officials to encourage appropriate economic growth and opportunity in communities throughout the state. The department shall promote appropriate local development by: Supporting the ability of communities to develop and implement strategic development plans; assisting businesses to start up, maintain, or expand their operations; encouraging public infrastructure investment and private and public capital investment in local communities; supporting efforts to manage growth and provide affordable housing and housing services; providing for the identification and preservation of the state's historical and cultural resources; and expanding employment opportunities.

      (2) The department shall define a set of services including training and technical assistance that it will make available to local communities, community-based nonprofit organizations, regional areas, or businesses. The department shall simplify access to these programs by providing more centralized and user-friendly information and referral. The department shall coordinate community and economic development efforts to minimize program redundancy and maximize accessibility. The department shall develop a set of criteria for targeting services to local communities.

      (3) The department shall develop a coordinated and systematic approach to providing training to community-based nonprofit organizations, local communities, and businesses. The approach shall be designed to increase the economic and community development skills available in local communities by providing training and funding for training for local citizens, nonprofit organizations, and businesses. The department shall emphasize providing training in those communities most in need of state assistance.

      NEW SECTION. Sec. 11. LOCAL AND REGIONAL DEVELOPMENT CONTRACTS. (1) The department may contract with associate development organizations or other local organizations to increase the support for and coordination of community and economic development services in communities or regional areas. The organizations contracted with in each community or regional area shall be broadly representative of community and economic interests. The organization shall be capable of identifying key economic and community development problems, developing appropriate solutions, and mobilizing broad support for recommended initiatives. The contracting organization shall work with and include local governments, local chambers of commerce, private industry councils, port districts, labor groups, institutions of higher education, community action programs, and other appropriate private, public, or nonprofit community and economic development groups. The department shall be responsible for determining the scope of services delivered under these contracts.

      (2) Associate development organizations or other local development organizations contracted with shall promote and coordinate, through local service agreements with local governments, small business development centers, port districts, community and technical colleges, private industry councils, and other development organizations, for the efficient delivery of community and economic development services in their areas.

      (3) The department shall consult with associate development organizations, port districts, local governments, and other local development organizations in the establishment of service delivery regions throughout the state. The legislature encourages local associate development organizations to form partnerships with other associate development organizations in their region to combine resources for better access to available services, to encourage regional delivery of state services, and to build the local capacity of communities in the region more effectively.

      (4) The department shall contract on a regional basis for surveys of key sectors of the regional economy and the coordination of technical assistance to businesses and employees within the key sectors. The department's selection of contracting organizations or consortiums shall be based on the sufficiency of the organization's or consortium's proposal to examine key sectors of the local economy within its region adequately and its ability to coordinate the delivery of services required by businesses within the targeted sectors. Organizations contracting with the department shall work closely with the department to examine the local economy and to develop strategies to focus on developing key sectors that show potential for long-term sustainable growth. The contracting organization shall survey businesses and employees in targeted sectors on a periodic basis to gather information on the sector's business needs, expansion plans, relocation decisions, training needs, potential layoffs, financing needs, availability of financing, and other appropriate information about economic trends and specific employer and employee needs in the region.

      (5) The contracting organization shall participate with the work force training and education coordinating board as created in chapter 28C.18 RCW, and any regional entities designated by that board, in providing for the coordination of job skills training within its region.

      NEW SECTION. Sec. 12. ECONOMIC DIVERSIFICATION AND SECTORAL STRATEGIES. (1) The department shall work with private sector organizations, local governments, local economic development organizations, and higher education and training institutions to assist in the development of strategies to diversify the economy, facilitate technology transfer and diffusion, and increase value-added production by focusing on targeted sectors. The targeted sectors may include, but are not limited to, software, forest products, biotechnology, environmental industries, recycling markets and waste reduction, aerospace, food processing, tourism, film and video, microelectronics, new materials, robotics, and machine tools. The department shall, on a continuing basis, evaluate the potential return to the state from devoting additional resources to a targeted sector's approach to economic development and including additional sectors in its efforts. The department shall use information gathered in each service delivery region in formulating its sectoral strategies and in designating new targeted sectors.

      (2) The department shall ensure that the state continues to pursue a coordinated program to expand the tourism industry throughout the state in cooperation with the public and private tourism development organizations. The department shall work to provide a balance of tourism activities throughout the state and during different seasons of the year. In addition, the department shall promote, market, and encourage growth in the production of films and videos, as well as television commercials within the state.

      (3) In assisting in the development of a targeted sector, the department's activities may include, but are not limited to:

      (a) Conducting focus group discussions, facilitating meetings, and conducting studies to identify members of the sector, appraise the current state of the sector, and identify issues of common concern within the sector;

      (b) Supporting the formation of industry associations, publications of association directories, and related efforts to create or expand the activities or industry associations;

      (c) Assisting in the formation of flexible networks by providing (i) agency employees or private sector consultants trained to act as flexible network brokers and (ii) funding for potential flexible network participants for the purpose of organizing or implementing a flexible network;

      (d) Helping establish research consortia;

      (e) Facilitating joint training and education programs;

      (f) Promoting cooperative market development activities;

      (g) Analyzing the need, feasibility, and cost of establishing product certification and testing facilities and services; and

      (h) Providing for methods of electronic communication and information dissemination among firms and groups of firms to facilitate network activity.

      By January 10th of each year, the department shall report in writing on its targeted sector programs to the appropriate legislative economic development committees. The department's report shall include an appraisal of the sector, activities the department has undertaken to assist in the development of each sector, and recommendations to the legislature regarding activities that the state should implement but are currently beyond the scope of the department's program or resources.

      NEW SECTION. Sec. 13. LOCAL DEVELOPMENT FINANCE AND PUBLIC FACILITIES. (1) The department shall support the development and maintenance of local infrastructure and public facilities and provide local communities with flexible sources of funding. The department shall coordinate grant and loan programs that provide infrastructure and investment in local communities. This shall include coordinating funding for eligible projects with other federal, state, local, private, and nonprofit funding sources.

      (2) At a minimum, the department shall provide coordinated procedures for applying for and tracking grants and loans among and between the community economic revitalization board, the public works trust fund, and community development block grants.

      NEW SECTION. Sec. 14. HOUSING AFFORDABILITY. (1) The department shall maintain an active effort to help communities, families, and individuals build and maintain capacity to meet housing needs in Washington state. The department shall facilitate partnerships among the many entities related to housing issues and leverage a variety of resources and services to produce comprehensive, cost-effective, and innovative housing solutions.

      (2) The department shall assist in the production, development, rehabilitation, and operation of owner-occupied or rental housing for very low, low, and moderate-income persons; operate programs to assist home ownership, offer housing services, and provide emergency, transitional, and special needs housing services; and qualify as a participating state agency for all programs of the federal department of housing and urban development or its successor. The department shall develop or assist local governments in developing housing plans required by the state or federal government.

      (3) The department shall coordinate and administer energy assistance and residential energy conservation and rehabilitation programs of the federal and state government through nonprofit organizations, local governments, and housing authorities.

      NEW SECTION. Sec. 15. GROWTH MANAGEMENT. (1) The department shall serve as the central coordinator for state government in the implementation of the growth management act, chapter 36.70A RCW. The department shall work closely with all Washington communities planning for future growth and responding to the pressures of urban sprawl. The department shall ensure coordinated implementation of the growth management act by state agencies.

      (2) The department shall offer technical and financial assistance to cities and counties planning under the growth management act. The department shall help local officials interpret and implement the different requirements of the act through workshops, model ordinances, and information materials.

      (3) The department shall provide alternative dispute resolution to jurisdictions and organizations to mediate disputes and to facilitate consistent implementation of the growth management act. The department shall review local governments compliance with the requirements of the growth management act and make recommendations to the governor.

      NEW SECTION. Sec. 16. COMMUNITY SERVICES AND PROTECTION. (1) The department shall coordinate services to communities that are directed to the poor and disadvantaged through private and public nonprofit organizations and units of general purpose local governments. The department shall coordinate these programs using, to the extent possible, integrated case management methods, with other community and economic development efforts that promote self-sufficiency.

      (2) These services may include, but not be limited to, comprehensive education services to preschool children from low-income families, providing for human service needs and advocacy, promoting volunteerism and citizen service as a means for accomplishing local community and economic development goals, coordinating and providing emergency food assistance to distribution centers and needy individuals, and providing for human service needs through community-based organizations.

      (3) The department shall provide local communities and at-risk individuals with programs that provide community protection and assist in developing strategies to reduce substance abuse. The department shall administer programs that develop collaborative approaches to prevention, intervention, and interdiction programs. The department shall administer programs that support crime victims, address youth and domestic violence problems, provide indigent defense for low-income persons, border town disputes, and administer family services and programs to promote the state's policy as provided in RCW 74.14A.025.

      (4) The department shall provide fire protection and emergency management services to support and strengthen local capacity for controlling risk to life, property, and community vitality that may result from fires, emergencies, and disasters.

      Sec. 17. RCW 28C.18.060 and 1991 c 238 s 7 are each amended to read as follows: