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ONE HUNDRED-FIFTH DAY

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AFTERNOON SESSION

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Senate Chamber, Olympia, Sunday, April 25, 1993

The Senate was called to order at 1:00 p.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Anderson, Drew, Erwin, Haugen, Niemi, Quigley, Rinehart, Sellar and Spanel.

The Sergeant at Arms Color Guard, consisting of Pages Eric Morris and Chad Sage, presented the Colors. Dr. Morris Belling of the Temple Beth Hatfiloh 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.

MESSAGES FROM THE HOUSE

April 24, 1993

MR. PRESIDENT:

The House has passed SENATE BILL NO. 5977 and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk

April 24, 1993

MR. PRESIDENT:

The Speaker has signed:

SUBSTITUTE HOUSE BILL NO. 1006,

ENGROSSED HOUSE BILL NO. 1007,

SUBSTITUTE HOUSE BILL NO. 1013,

HOUSE BILL NO. 1015,

HOUSE BILL NO. 1058,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1085,

SUBSTITUTE HOUSE BILL NO. 1118,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1127,

SUBSTITUTE HOUSE BILL NO. 1129,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1140,

HOUSE BILL NO. 1168,

SUBSTITUTE HOUSE BILL NO. 1169,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1198,

HOUSE BILL NO. 1246,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1249,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1259,

SUBSTITUTE HOUSE BILL NO. 1318,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1496,

ENGROSSED HOUSE BILL NO. 1501,

SUBSTITUTE HOUSE BILL NO. 1507,

SUBSTITUTE HOUSE BILL NO. 1520,

SUBSTITUTE HOUSE BILL NO. 1566,

ENGROSSED HOUSE BILL NO. 1617,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1662, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

SUBSTITUTE HOUSE BILL NO. 1006,

ENGROSSED HOUSE BILL NO. 1007,

SUBSTITUTE HOUSE BILL NO. 1013,

HOUSE BILL NO. 1015,

HOUSE BILL NO. 1058,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1085,

SUBSTITUTE HOUSE BILL NO. 1118,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1127,

SUBSTITUTE HOUSE BILL NO. 1129,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1140,

HOUSE BILL NO. 1168,

SUBSTITUTE HOUSE BILL NO. 1169,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1198,

HOUSE BILL NO. 1246,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1249,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1259,

SUBSTITUTE HOUSE BILL NO. 1318,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1496,

ENGROSSED HOUSE BILL NO. 1501,

SUBSTITUTE HOUSE BILL NO. 1507,

SUBSTITUTE HOUSE BILL NO. 1520,

SUBSTITUTE HOUSE BILL NO. 1566,

ENGROSSED HOUSE BILL NO. 1617,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1662.

MESSAGE FROM THE HOUSE

April 24, 1993

MR. PRESIDENT:

The House receded from its amendment(s) to SENATE BILL NO. 5638 and has passed the bill without said amendment(s), and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

REPORT OF CONFERENCE COMMITTEE

ESHB 1862 April 24, 1993

Includes "NEW ITEM": YES

Permitting a special excise tax on hotel, motel, roominghouse, and

trailer camp charges for a trade recreation agricultural center in Pasco

MR. PRESIDENT:

MR. SPEAKER:

We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1862, Pasco hotel/motel tax, have had the same under consideration and we recommend that:

The Senate Committee on Ways and Means amendment(s) and the amendment(s) by Senators Deccio, Loveland and Jesernig to page 2, after line 19, and the corresponding title amendment(s) to page 1, line 2, adopted on April 6, 1993, not be adopted, and that the following Conference Committee striking amendments be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 67.28 RCW to read as follows:

(1) The legislative body of a city with a population of over ten thousand in a county that is the smallest county in a metropolitan statistical area as defined on the effective date of this act that has a population of between thirty-eight thousand and fifty thousand may levy and collect a special excise tax not to exceed two percent on the sale of or charge made for the furnishing of lodging by a hotel, roominghouse, tourist court, motel, trailer camp, and the granting of a similar license to use real property, as distinguished from the renting or leasing of real property. For the purposes of this tax, it is presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the property.

(2) The tax authorized in subsection (1) of this section is in addition to any other tax authorized by law.

(3) A seller, as defined in RCW 82.08.010, who is required to collect a tax under this section, shall pay the tax to the city as provided in RCW 67.28.200. The deduction from state taxes under RCW 67.28.190 does not apply to taxes imposed under this section.

(4) The tax levied and collected under this section must be credited to a special fund of the city. The taxes may be levied only for the purpose of paying any part of the cost of siting, acquisition, construction, operation, and maintenance of a trade recreation agricultural center, which facility includes an exhibition hall, a meeting and convention center, and an agricultural arena, in the city and may be used for and pledged to the payment of bonds, leases, or other obligations incurred for these purposes.

(5) The tax imposed under this section shall expire when all obligations for which the taxes have been pledged are satisfied.

Sec. 2. RCW 67.28.200 and 1991 c 331 s 2 are each amended to read as follows:

The legislative body of any county or city may establish reasonable exemptions and may adopt such reasonable rules and regulations as may be necessary for the levy and collection of the taxes authorized ((by RCW 67.28.180, 67.28.182, and 67.28.230 through 67.28.250, and 67.28.260)) under this chapter. The department of revenue shall perform the collection of such taxes on behalf of such county or city at no cost to such county or city."

On page 1, line 2 of the title, after "charges;" strike the remainder of the title and insert "amending RCW 67.28.200; and adding a new section to chapter 67.28 RCW.", and that the bill do pass as recommended by the Conference Committee.

Signed by: Senators Loveland, Deccio, Jesernig; Representatives G. Fisher, Foreman, Mastin.

MOTION

Senator Loveland moved that the Senate adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1862.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Loveland that the Senate do adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1862.

The motion by Senator Loveland carried and the Senate adopted the Report of the Conference Committee on Engrossed Substitute House Bill No. 1862.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1862, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1862, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 8; Absent, 9; Excused, 0.

Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Deccio, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, M., Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild and Winsley - 32.

Voting nay: Senators Cantu, McCaslin, Roach, Smith, L., von Reichbauer, West, Williams and Wojahn - 8.

Absent: Senators Anderson, Drew, Erwin, Haugen, Niemi, Quigley, Rinehart, Sellar and Spanel - 9.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1862, 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.

MOTIONS

On motion of Senator Oke, Senator Sellar was excused.

On motion of Senator Gaspard, Senators Drew, Haugen, Rinehart, Spanel and Vognild were excused.

REPORT OF CONFERENCE COMMITTEE

SHB 2055 April 24, 1993

Includes "NEW ITEM": YES

Creating the department of fish and wildlife

MR. PRESIDENT:

MR. SPEAKER:

We of your CONFERENCE COMMITTEE, to whom was referred SUBSTITUTE HOUSE BILL NO. 2055, Fish and wildlife department, have had the same under consideration and we recommend that:

The Senate Committee on Natural Resources striking amendment(s) adopted, as amended, on April 12, 1993, not be adopted, and that the following Conference Committee striking amendments be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. Perpetuation of fish and wildlife in Washington requires clear, efficient, streamlined, scientific, management from a single state fish and wildlife agency. Such a consolidation will focus existing funds for the greatest protection of species and stocks. It will bring combined resources to bear on securing, managing, and enhancing habitats. It will simplify licensing, amplify research, increase field staff, avoid duplication, and magnify enforcement of laws and rules. It will provide all fishers, hunters, and observers of fish and wildlife with a single source of consistent policies, procedures, and access.

NEW SECTION. Sec. 2. There is hereby created a department of state government to be known as the department of fish and wildlife. The department shall be vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law. All powers, duties, and functions of the department of fisheries and the department of wildlife are transferred to the department of fish and wildlife. All references in the Revised Code of Washington to the director or the department of fisheries or the director or department of wildlife shall be construed to mean the director or department of fish and wildlife.

NEW SECTION. Sec. 3. As used in this chapter, unless the context indicates otherwise:

(1) "Department" means the department of fish and wildlife.

(2) "Director" means the director of fish and wildlife.

(3) "Commission" means the fish and wildlife commission.

NEW SECTION. Sec. 4. The executive head and appointing authority 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. 5. In addition to other powers and duties granted or transferred to the director, the director shall have the following powers and duties:

(1) Supervise and administer the department in accordance with law;

(2) Appoint personnel and prescribe their duties. Except as otherwise provided, personnel of the department are subject to chapter 41.06 RCW, the state civil service law;

(3) Enter into contracts on behalf of the agency;

(4) Adopt rules in accordance with chapter 34.05 RCW, the administrative procedure act;

(5) 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;

(6) Appoint advisory committees and undertake studies, research, and analysis necessary to support the activities of the department;

(7) Accept and expend grants, gifts, or other funds to further the purposes of the department;

(8) Carry out basic goals and objectives as prescribed by the fish and wildlife commission pursuant to RCW 77.04.055; and

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

NEW SECTION. Sec. 6. The director shall 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.

NEW SECTION. Sec. 7. The director of fisheries and the director of wildlife shall, by November 15, 1993, jointly submit a plan to the governor for the consolidation and smooth transition of the department of fisheries and the department of wildlife into the department of fish and wildlife so that the department of fish and wildlife will operate as a single entity on July 1, 1994. The fish and wildlife commission shall make recommendations for the consolidation of the agencies to the governor and the two directors. The fish and wildlife commission shall review its area of responsibility in the consolidated agency and submit recommendations by December 1, 1994, to the governor and the appropriate standing committees of the legislature on any necessary changes in its statutory authority. The legislative budget committee shall study the role of the fish and wildlife commission and prepare a report on recommended changes to the governor and the appropriate standing committees of the legislature by December 1, 1994.

NEW SECTION. Sec. 8. The department of fisheries and the department of wildlife are abolished and their powers, duties, and functions are transferred to the department of fish and wildlife.

NEW SECTION. Sec. 9. All reports, documents, surveys, books, records, files, papers, or written material connected with the powers, duties, and functions transferred in this act shall be delivered to the custody of the department of fish and wildlife. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed in connection with the powers, duties, and functions transferred shall be made available to the department of fish and wildlife. All funds, credits, or other assets held in connection with the powers, duties, and functions transferred shall be assigned to the department of fish and wildlife.

Any appropriations made in connection with the powers, duties, and functions transferred shall, on the effective date of this section, be transferred and credited to the department of fish and wildlife.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, or as to the powers, duties, and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 10. All classified employees employed in connection with the powers, duties, and functions transferred are transferred to the jurisdiction of the department of fish and wildlife. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of fish and wildlife to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 11. All rules and all pending business before any agency of state government pertaining to the powers, duties, and functions transferred shall be continued and acted upon by the department of fish and wildlife. All existing contracts, obligations, and agreements shall remain in full force and shall be performed by the department of fish and wildlife.

NEW SECTION. Sec. 12. The transfer of the powers, duties, functions, and personnel shall not affect the validity of any act performed by any employee before the effective date of this section.

NEW SECTION. Sec. 13. If apportionments of budgeted funds are required because of the transfers directed by sections 9 through 12 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 14. Nothing contained in sections 9 through 13 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

Sec. 15. RCW 41.06.070 and 1990 c 60 s 101 are each amended to read as follows:

The provisions of this chapter do not apply to:

(1) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, legislative budget committee, statute law committee, and any interim committee of the legislature;

(2) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

(3) Officers, academic personnel, and employees of state institutions of higher education, the state board for community and technical colleges ((education)), and the higher education personnel board;

(4) The officers of the Washington state patrol;

(5) Elective officers of the state;

(6) The chief executive officer of each agency;

(7) In the departments of employment security, ((fisheries,)) social and health services, the director and ((his)) the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, ((his)) the director's confidential secretary, and ((his)) the director's statutory assistant directors;

(8) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

(a) All members of such boards, commissions, or committees;

(b) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: (i) The secretary of the board, commission, or committee; (ii) the chief executive officer of the board, commission, or committee; and (iii) the confidential secretary of the chief executive officer of the board, commission, or committee;

(c) If the members of the board, commission, or committee serve on a full-time basis: (i) The chief executive officer or administrative officer as designated by the board, commission, or committee; and (ii) a confidential secretary to the chairman of the board, commission, or committee;

(d) If all members of the board, commission, or committee serve ex officio: (i) The chief executive officer; and (ii) the confidential secretary of such chief executive officer;

(9) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

(10) Assistant attorneys general;

(11) Commissioned and enlisted personnel in the military service of the state;

(12) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the state personnel board or the board having jurisdiction;

(13) The public printer or to any employees of or positions in the state printing plant;

(14) Officers and employees of the Washington state fruit commission;

(15) Officers and employees of the Washington state apple advertising commission;

(16) Officers and employees of the Washington state dairy products commission;

(17) Officers and employees of the Washington tree fruit research commission;

(18) Officers and employees of the Washington state beef commission;

(19) Officers and employees of any commission formed under the provisions of chapter 191, Laws of 1955, and chapter 15.66 RCW;

(20) Officers and employees of the state wheat commission formed under the provisions of chapter 87, Laws of 1961 (chapter 15.63 RCW);

(21) Officers and employees of agricultural commissions formed under the provisions of chapter 256, Laws of 1961 (chapter 15.65 RCW);

(22) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

(23) Liquor vendors appointed by the Washington state liquor control board pursuant to RCW 66.08.050: PROVIDED, HOWEVER, That rules and regulations adopted by the state personnel board pursuant to RCW 41.06.150 regarding the basis for, and procedures to be followed for, the dismissal, suspension, or demotion of an employee, and appeals therefrom shall be fully applicable to liquor vendors except those part time agency vendors employed by the liquor control board when, in addition to the sale of liquor for the state, they sell goods, wares, merchandise, or services as a self-sustaining private retail business;

(24) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

(25) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;

(26) All employees of the marine employees' commission;

(27) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection shall expire on June 30, 1997;

(28) In addition to the exemptions specifically provided by this chapter, the state personnel board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the personnel board stating the reasons for requesting such exemptions. The personnel board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the personnel board shall grant the request and such determination shall be final. The total number of additional exemptions permitted under this subsection shall not exceed one hundred eighty-seven for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The state personnel board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted under subsections (24), (25), and (28) of this section, together with the reasons for such exemptions.

The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (10) through (22) of this section, shall be determined by the state personnel board.

Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.

Sec. 16. RCW 43.17.010 and 1989 1st ex.s. c 9 s 810 are each amended to read as follows:

There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) ((the department of fisheries, (6))) the department of fish and wildlife, (((7))) (6) the department of transportation, (((8))) (7) the department of licensing, (((9))) (8) the department of general administration, (((10))) (9) the department of trade and economic development, (((11))) (10) the department of veterans affairs, (((12))) (11) the department of revenue, (((13))) (12) the department of retirement systems, (((14))) (13) the department of corrections, (((15))) (14) the department of community development, and (((16))) (15) the department of health, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.

Sec. 17. RCW 43.17.020 and 1989 1st ex.s. c 9 s 811 are each amended to read as follows:

There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) ((the director of fisheries, (6))) the director of fish and wildlife, (((7))) (6) the secretary of transportation, (((8))) (7) the director of licensing, (((9))) (8) the director of general administration, (((10))) (9) the director of trade and economic development, (((11))) (10) the director of veterans affairs, (((12))) (11) the director of revenue, (((13))) (12) the director of retirement systems, (((14))) (13) the secretary of corrections, (((15))) (14) the director of community development, and (((16))) (15) the secretary of health.

Such officers, except the secretary of transportation, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. ((The director of wildlife, however, shall be appointed according to the provisions of RCW 77.04.080. If a vacancy occurs while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate. A temporary director of wildlife shall not serve more than one year.)) The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.

Sec. 18. RCW 42.17.2401 and 1991 c 200 s 404 are each amended to read as follows:

For the purposes of RCW 42.17.240, the term "executive state officer" includes:

(1) The chief administrative law judge, the director of agriculture, the administrator of the office of marine safety, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of community development, the secretary of corrections, the director of ecology, the commissioner of employment security, the chairman of the energy facility site evaluation council, the director of the energy office, the secretary of the state finance committee, the director of financial management, the director of ((fisheries)) fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the director of the higher education personnel board, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, the director of trade and economic development, the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, ((the director of wildlife,)) the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;

(2) Each professional staff member of the office of the governor;

(3) Each professional staff member of the legislature; and

(4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community and technical colleges ((education)), state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, higher education coordinating board, higher education facilities authority, higher education personnel board, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation, state investment board, liquor control board, lottery commission, marine oversight board, oil and gas conservation committee, Pacific Northwest electric power and conservation planning council, parks and recreation commission, personnel appeals board, personnel board, board of pilotage (([commissioners])) commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, state employees' benefits board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and fish and wildlife commission.

Sec. 19. RCW 43.51.955 and 1987 c 506 s 93 are each amended to read as follows:

Nothing in RCW 43.51.946 through 43.51.956 shall be construed to interfere with the powers, duties, and authority of the state department of fish and wildlife or the state fish and wildlife commission to regulate, manage, conserve, and provide for the harvest of wildlife within such area: PROVIDED, HOWEVER, That no hunting shall be permitted in any state park.

Sec. 20. RCW 75.08.011 and 1990 c 63 s 6 and 1990 c 35 s 3 are each reenacted and amended to read as follows:

As used in this title or rules of the director, unless the context clearly requires otherwise:

(1) "Director" means the director of ((fisheries)) fish and wildlife.

(2) "Department" means the department of ((fisheries)) fish and wildlife.

(3) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations.

(4) "Fisheries patrol officer" means a person appointed and commissioned by the director, with authority to enforce this title, rules of the director, and other statutes as prescribed by the legislature. Fisheries patrol officers are peace officers.

(5) "Ex officio fisheries patrol officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fisheries patrol officer" also includes wildlife agents, special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

(6) "To fish" and "to take" and their derivatives mean an effort to kill, injure, harass, or catch food fish or shellfish.

(7) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

(8) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

(9) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

(10) "Resident" means a person who has for the preceding ninety days maintained a permanent abode within the state, has established by formal evidence an intent to continue residing within the state, and is not licensed to fish as a resident in another state.

(11) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

(12) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that shall not be fished for except as authorized by rule of the director. The term "food fish" includes all stages of development and the bodily parts of food fish species.

(13) "Shellfish" means those species of marine and freshwater invertebrates that shall not be taken except as authorized by rule of the director. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

(14) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:

Scientific Name Common Name

Oncorhynchus tshawytscha Chinook salmon

Oncorhynchus kisutch Coho salmon

Oncorhynchus keta Chum salmon

Oncorhynchus gorbuscha Pink salmon

Oncorhynchus nerka Sockeye salmon

(15) "Commercial" means related to or connected with buying, selling, or bartering. Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.

(16) "To process" and its derivatives mean preparing or preserving food fish or shellfish.

(17) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.

(18) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel to which are attached no more than two single hooks or one artificial bait with no more than four multiple hooks.

(19) "Open season" means those times, manners of taking, and places or waters established by rule of the director for the lawful fishing, taking, or possession of food fish or shellfish. "Open season" includes the first and last days of the established time.

(20) "Emerging commercial fishery" means any commercial fishery:

(a) For food fish or shellfish so designated by rule of the director, except that no species harvested under a license limitation program contained in chapter 75.30 RCW may be designated as a species in an emerging commercial fishery.

(b) Which will include, subject to the limitation in (a) of this subsection, all species harvested for commercial purposes as of June 7, 1990, and the future commercial harvest of all other species in the waters of the state of Washington.

(21) "Experimental fishery permit" means a permit issued by the director to allow the recipient to engage in an emerging commercial fishery.

Sec. 21. RCW 75.08.014 and 1983 1st ex.s. c 46 s 6 are each amended to read as follows:

The director ((of fisheries)) shall supervise the administration and operation of the department ((of fisheries)) and perform the duties prescribed by law. The director may appoint and employ necessary personnel. The director may delegate, in writing, to department personnel the duties and powers necessary for efficient operation and administration of the department.

Only persons having general knowledge of the fisheries and wildlife resources and of the commercial and recreational fishing industry in this state are eligible for appointment as director. The director shall not have a financial interest in the fishing industry or a directly related industry.

Sec. 22. RCW 75.08.035 and 1992 c 63 s 11 are each amended to read as follows:

(1) The department ((of fisheries)) shall have the following powers and duties in carrying out its responsibilities for the senior environmental corps created under RCW 43.63A.247:

Appoint a representative to the coordinating council;

Develop project proposals;

Administer project activities within the agency;

Develop appropriate procedures for the use of volunteers;

Provide project orientation, technical training, safety training, equipment, and supplies to carry out project activities;

Maintain project records and provide project reports;

Apply for and accept grants or contributions for corps approved projects; and

With the approval of the council, enter into memoranda of understanding and cooperative agreements with federal, state, and local agencies to carry out corps approved projects.

(2) The department shall not use corps volunteers to displace currently employed workers.

Sec. 23. RCW 75.08.055 and 1987 c 506 s 94 are each amended to read as follows:

(1) The director((, and the director of wildlife with the concurrence of the wildlife commission,)) may enter into agreements with and receive funds from the United States for the construction, maintenance, and operation of fish cultural stations, laboratories, and devices in the Columbia River basin for improvement of feeding and spawning conditions for fish, for the protection of migratory fish from irrigation projects and for facilitating free migration of fish over obstructions.

(2) The director and the ((wildlife commission)) department may acquire by gift, purchase, lease, easement, or condemnation the use of lands where the construction or improvement is to be carried on by the United States.

Sec. 24. RCW 75.08.400 and 1989 c 336 s 1 are each amended to read as follows:

The legislature finds that:

(1) The fishery resources of Washington are critical to the social and economic needs of the citizens of the state;

(2) Salmon production is dependent on both wild and artificial production;

(3) The department ((of fisheries)) is directed to enhance Washington's salmon runs; and

(4) Full utilization of the state's salmon rearing facilities is necessary to enhance commercial and recreational fisheries.

Sec. 25. RCW 75.10.010 and 1985 c 155 s 1 are each amended to read as follows:

(1) Fisheries patrol officers and ex officio fisheries patrol officers within their respective jurisdictions, shall enforce this title, rules of the director, and other statutes as prescribed by the legislature.

(2) When acting within the scope of subsection (1) of this section and when an offense occurs in the presence of the fisheries patrol officer who is not an ex officio fisheries patrol officer, the fisheries patrol officer may enforce all criminal laws of the state. The fisheries patrol officer must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a supplemental course in criminal law enforcement as approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state.

(3) Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by a fisheries patrol officer rests with the department ((of fisheries)) unless the fisheries patrol officer acts under the direction and control of another agency or unless the liability is otherwise assumed under a written agreement between the department ((of fisheries)) and another agency.

(4) Fisheries patrol officers may serve and execute warrants and processes issued by the courts.

Sec. 26. RCW 75.10.200 and 1990 c 144 s 3 are each amended to read as follows:

Persons who violate this title or the rules of the director shall be subject to the following penalties:

(1) The following violations are gross misdemeanors and are punishable under RCW 9.92.020:

(a) Violating RCW 75.20.100; and

(b) Violating department statutes that require fish screens, fish ladders, and other protective devices for fish.

(2) The following violations are a class C felony and are punishable under RCW 9A.20.021(1)(c):

(a) Discharging explosives in waters that contain adult salmon or sturgeon: PROVIDED, That lawful discharge of devices for the purpose of frightening or killing marine mammals or for the lawful removal of snags or for actions approved under RCW 75.20.100 or 75.12.070(2) are exempt from this subsection; and

(b) To knowingly purchase food fish or shellfish with a wholesale value greater than two hundred fifty dollars that were taken by methods or during times not authorized by department ((of fisheries)) rules, or were taken by someone who does not have a valid commercial fishing license, a valid fish buyer's license, or a valid wholesale dealer's license, or were taken with fishing gear authorized for personal use.

Sec. 27. RCW 75.12.040 and 1985 c 147 s 1 are each amended to read as follows:

(1) It is unlawful to use, operate, or maintain a gill net which exceeds 250 fathoms in length or a drag seine in the waters of the Columbia river for catching salmon.

(2) It is unlawful to construct, install, use, operate, or maintain within state waters a pound net, round haul net, lampara net, fish trap, fish wheel, scow fish wheel, set net, weir, or fixed appliance for catching salmon. The director may authorize the use of this gear for scientific investigations.

(3) The department ((of fisheries)), in coordination with the Oregon department of fish and wildlife, shall adopt rules to regulate the use of monofilament in gill net webbing on the Columbia river.

Sec. 28. RCW 75.20.005 and 1991 c 322 s 21 are each amended to read as follows:

The department of ((fisheries, the department of)) fish and wildlife, the department of ecology, and the department of natural resources shall jointly develop an informational brochure that describes when permits and any other authorizations are required for flood damage prevention and reduction projects, and recommends ways to best proceed through the various regulatory permitting processes.

Sec. 29. RCW 75.20.050 and 1988 c 36 s 32 are each amended to read as follows:

It is the policy of this state that a flow of water sufficient to support game fish and food fish populations be maintained at all times in the streams of this state.

The director of ecology shall give the director ((of fisheries and the director of wildlife)) notice of each application for a permit to divert or store water. The director ((of fisheries and director of wildlife have)) has thirty days after receiving the notice to state ((their)) his or her objections to the application. The permit shall not be issued until the thirty-day period has elapsed.

The director of ecology may refuse to issue a permit if, in the opinion of the director ((of fisheries or director of wildlife)), issuing the permit might result in lowering the flow of water in a stream below the flow necessary to adequately support food fish and game fish populations in the stream.

The provisions of this section shall in no way affect existing water rights.

Sec. 30. RCW 75.20.100 and 1991 c 322 s 30 are each amended to read as follows:

In the event that any person or government agency desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, such person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the written approval of the department ((of fisheries or the department of wildlife)) as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld. Except as provided in RCW 75.20.1001 and 75.20.1002, the department ((of fisheries or the department of wildlife)) shall grant or deny approval within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. The applicant may document receipt of application by filing in person or by registered mail. A complete application for approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water, and complete plans and specifications for the proper protection of fish life. The forty-five day requirement shall be suspended if (1) after ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (2) the site is physically inaccessible for inspection; or (3) the applicant requests delay. Immediately upon determination that the forty-five day period is suspended, the department ((of fisheries or the department of wildlife)) shall notify the applicant in writing of the reasons for the delay. Approval is valid for a period of up to five years from date of issuance. The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If ((either)) the department ((of fisheries or the department of wildlife)) denies approval, ((that)) the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Chapter 34.05 RCW applies to any denial of project approval, conditional approval, or requirements for project modification upon which approval may be contingent. If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained written approval of the department ((of fisheries or the department of wildlife)) as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such.

For the purposes of this section and RCW 75.20.103, "bed" shall mean the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.

The phrase "to construct any form of hydraulic project or perform other work" shall not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval.

((For each application, the department of fisheries and the department of wildlife shall mutually agree on whether the department of fisheries or the department of wildlife shall administer the provisions of this section, in order to avoid duplication of effort. The department designated to act shall cooperate with the other department in order to protect all species of fish life found at the project site. If the department of fisheries or the department of wildlife receives an application concerning a site not in its jurisdiction, it shall transmit the application to the other department within three days and notify the applicant.))

In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department ((of fisheries or department of wildlife)), through ((their)) its authorized representatives, shall issue immediately upon request oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval shall be reduced to writing within thirty days and complied with as provided for in this section. Oral approval shall be granted immediately upon request, for a stream crossing during an emergency situation.

This section shall not apply to the construction of any form of hydraulic project or other work which diverts water for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state's water codes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020. These irrigation or stock watering diversion and streambank stabilization projects shall be governed by RCW 75.20.103.

Sec. 31. RCW 75.20.1001 and 1991 c 322 s 12 are each amended to read as follows:

The department ((of fisheries and the department of wildlife)) shall process hydraulic project applications submitted under RCW 75.20.100 or 75.20.103 within thirty days of receipt of the application. This requirement is only applicable for the repair and reconstruction of legally constructed dikes, seawalls, and other flood control structures damaged as a result of flooding or windstorms that occurred in November and December 1990.

Sec. 32. RCW 75.20.103 and 1991 c 322 s 31 are each amended to read as follows:

In the event that any person or government agency desires to construct any form of hydraulic project or other work that diverts water for agricultural irrigation or stock watering purposes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020, and when such diversion or streambank stabilization will use, divert, obstruct, or change the natural flow or bed of any river or stream or will utilize any waters of the state or materials from the stream beds, the person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure a written approval from the department ((of fisheries or the department of wildlife)) as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld. Except as provided in RCW 75.20.1001 and 75.20.1002, the department ((of fisheries or the department of wildlife)) shall grant or deny the approval within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. The applicant may document receipt of application by filing in person or by registered mail. A complete application for an approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within ordinary high water line, and complete plans and specifications for the proper protection of fish life. The forty-five day requirement shall be suspended if (1) after ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (2) the site is physically inaccessible for inspection; or (3) the applicant requests delay.

Immediately upon determination that the forty-five day period is suspended, the department ((of fisheries or the department of wildlife)) shall notify the applicant in writing of the reasons for the delay.

An approval shall remain in effect without need for periodic renewal for projects that divert water for agricultural irrigation or stock watering purposes and that involve seasonal construction or other work. Approval for streambank stabilization projects shall remain in effect without need for periodic renewal if the problem causing the need for the streambank stabilization occurs on an annual or more frequent basis. The permittee must notify the appropriate agency before commencing the construction or other work within the area covered by the approval.

The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If ((either)) the department ((of fisheries or the department of wildlife)) denies approval, ((that)) the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Issuance, denial, conditioning, or modification shall be appealable to the hydraulic appeals board established in RCW 43.21B.005 within thirty days of the notice of decision. The burden shall be upon the department ((of fisheries or the department of wildlife)) to show that the denial or conditioning of an approval is solely aimed at the protection of fish life.

The department ((granting approval)) may, after consultation with the permittee, modify an approval due to changed conditions. The modifications shall become effective unless appealed to the hydraulic appeals board within thirty days from the notice of the proposed modification. The burden is on the department ((issuing the approval)) to show that changed conditions warrant the modification in order to protect fish life.

A permittee may request modification of an approval due to changed conditions. The request shall be processed within forty-five calendar days of receipt of the written request. A decision by the department ((that issued the approval)) may be appealed to the hydraulic appeals board within thirty days of the notice of the decision. The burden is on the permittee to show that changed conditions warrant the requested modification and that such modification will not impair fish life.

If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained written approval of the department ((of fisheries or the department of wildlife)) as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such.

For purposes of this chapter, "streambank stabilization" shall include but not be limited to log and debris removal, bank protection (including riprap, jetties, and groins), gravel removal and erosion control.

Sec. 33. RCW 75.20.104 and 1991 c 322 s 18 are each amended to read as follows:

Whenever the placement of woody debris is required as a condition of a hydraulic permit approval issued pursuant to RCW 75.20.100 or 75.20.103, the department ((of fisheries and the department of wildlife)), upon request, shall invite comment regarding that placement from the local governmental authority, affected tribes, affected federal and state agencies, and the project applicant.

Sec. 34. RCW 75.20.1041 and 1991 c 322 s 19 are each amended to read as follows:

The department ((of fisheries, the department of wildlife,)) and the department of ecology will work cooperatively with the United States army corps of engineers to develop a memorandum of agreement outlining dike vegetation management guidelines so that dike owners are eligible for coverage under P.L. 84-99, and state requirements established pursuant to RCW 75.20.100 and 75.20.103 are met.

Sec. 35. RCW 75.20.106 and 1988 c 36 s 35 are each amended to read as follows:

The department ((of fisheries and the department of wildlife)) may ((each)) levy civil penalties of up to one hundred dollars per day for violation of any provisions of RCW 75.20.100 or 75.20.103. The penalty provided shall be imposed by notice in writing, either by certified mail or personal service to the person incurring the penalty, from the director ((of the appropriate department)) or ((that)) the director's designee describing the violation. Any person incurring any penalty under this chapter may appeal the same under chapter 34.05 RCW to the director ((of the department levying the penalty)). Appeals shall be filed within thirty days of receipt of notice imposing any penalty. The penalty imposed shall become due and payable thirty days after receipt of a notice imposing the penalty unless an appeal is filed. Whenever an appeal of any penalty incurred under this chapter is filed, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part.

If the amount of any penalty is not paid within thirty days after it becomes due and payable the attorney general, upon the request of the director ((of the department of fisheries or the department of wildlife)) shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action. All penalties recovered under this section shall be paid into the state's general fund.

Sec. 36. RCW 75.20.110 and 1988 c 36 s 36 are each amended to read as follows:

(1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game fish resources in these streams and rivers and to protect them against undue industrial encroachment.

(2) Within the sanctuary area:

(a) It is unlawful to construct a dam greater than twenty-five feet high within the migration range of anadromous fish as ((jointly)) determined by the director ((of fisheries and the director of wildlife)).

(b) Except by ((concurrent)) order of the director ((of fisheries and director of wildlife)), it is unlawful to divert water from rivers and streams in quantities that will reduce the respective stream flow below the annual average low flow, based upon data published in United States geological survey reports.

(3) The director ((of fisheries and the director of wildlife)) may acquire and abate a dam or other obstruction, or acquire any water right vested on a sanctuary stream or river, which is in conflict with the provisions of subsection (2) of this section.

(4) Subsection (2)(a) of this section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.

Sec. 37. RCW 75.20.130 and 1989 c 175 s 160 are each amended to read as follows:

(1) There is hereby created within the environmental hearings office under RCW 43.21B.005 the hydraulic appeals board of the state of Washington.

(2) The hydraulic appeals board shall consist of three members: The director of the department of ecology or the director's designee, the director of the department of agriculture or the director's designee, and the director or the director's designee of the department whose action is appealed under subsection (6) of this section. A decision must be agreed to by at least two members of the board to be final.

(3) The board may adopt rules necessary for the conduct of its powers and duties or for transacting other official business.

(4) The board shall make findings of fact and prepare a written decision in each case decided by it, and that finding and decision shall be effective upon being signed by two or more board members and upon being filed at the hydraulic appeals board's principal office, and shall be open to public inspection at all reasonable times.

(5) The board has exclusive jurisdiction to hear appeals arising from the approval, denial, conditioning, or modification of a hydraulic approval issued by ((either)) the department ((of fisheries or the department of wildlife)) under the authority granted in RCW 75.20.103 for the diversion of water for agricultural irrigation or stock watering purposes or when associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020.

(6)(a) Any person aggrieved by the approval, denial, conditioning, or modification of a hydraulic approval pursuant to RCW 75.20.103 may seek review from the board by filing a request for the same within thirty days of notice of the approval, denial, conditioning, or modification of such approval.

(b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings.

Sec. 38. RCW 75.20.300 and 1989 c 213 s 3 are each amended to read as follows:

(1) The legislature intends to expedite flood-control, acquisition of sites for sediment retention, and dredging operations in those rivers affected by the May 1980 eruption of Mt. St. Helens, while continuing to protect the fish resources of these rivers.

(2) The director ((of fisheries and director of wildlife)) shall process hydraulic project applications submitted under RCW 75.20.100 within fifteen working days of receipt of the application. This requirement is only applicable to flood control and dredging projects located in the Cowlitz river from mile 22 to the confluence with the Columbia, and in the Toutle river from the mouth to the North Fork Toutle sediment dam site at North Fork mile 12, and to river mile 3 on the South Fork Toutle river, and volcano-affected areas of the Columbia river.

(3) For the purposes of this section, the emergency provisions of RCW 75.20.100 may be initiated by the county legislative authority if the project is necessary to protect human life or property from flood hazards, including:

(a) Flood fight measures necessary to provide protection during a flood event; or

(b) Measures necessary to reduce or eliminate a potential flood threat when other alternative measures are not available or cannot be completed prior to the expected flood threat season; or

(c) Measures which must be initiated and completed within an immediate period of time and for which processing of the request through normal methods would cause a delay to the project and such delay would significantly increase the potential for damages from a flood event.

(4) This section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.

(5) This section expires on June 30, 1995.

Sec. 39. RCW 75.20.310 and 1988 c 36 s 39 are each amended to read as follows:

The legislature recognizes the need to mitigate the effects of sedimentary build-up and resultant damage to fish population in the Toutle river resulting from the Mt. St. Helens eruption. The state has entered into a contractual agreement with the United States army corps of engineers designed to minimize fish habitat disruption created by the sediment retention structure on the Toutle river, under which the corps has agreed to construct a fish collection facility at the sediment retention structure site conditional upon the state assuming the maintenance and operation costs of the facility. The department ((of wildlife and the department of fisheries)) shall ((cooperatively)) operate and maintain a fish collection facility on the Toutle river. ((Each agency shall share in the cost of operating and maintaining the facility.))

Sec. 40. RCW 75.24.065 and 1985 c 256 s 2 are each amended to read as follows:

The legislature finds that current environmental and economic conditions warrant a renewal of the state's historical practice of actively cultivating and managing its oyster reserves in Puget Sound to produce the state's native oyster, the Olympia oyster. The department ((of fisheries)) shall reestablish dike cultivated production of Olympia oysters on such reserves on a trial basis as a tool for planning more comprehensive cultivation by the state.

Sec. 41. RCW 75.25.005 and 1989 c 305 s 1 are each amended to read as follows:

The following recreational fishing licenses are administered and issued by the department ((of fisheries)) under authority of the director ((of fisheries)):

(1) Hood Canal shrimp license;

(2) Razor clam license;

(3) Personal use fishing license;

(4) Salmon license; and

(5) Sturgeon license.

Sec. 42. RCW 75.25.080 and 1989 c 305 s 4 are each amended to read as follows:

(1) It is lawful to dig the personal-use daily bag limit of razor clams for another person if that person has in possession a physical disability permit issued by the director.

(2) An application for a physical disability permit must be submitted on a department ((of fisheries)) official form and must be accompanied by a licensed medical doctor's certification of disability.

Sec. 43. RCW 75.25.170 and 1989 c 305 s 16 are each amended to read as follows:

Fees received for recreational licenses required under this chapter shall be deposited in the general fund and shall be appropriated for management, enhancement, research, and enforcement purposes of the shellfish, salmon, and marine fish programs of the department ((of fisheries)).

Sec. 44. RCW 75.25.180 and 1989 c 305 s 14 are each amended to read as follows:

Recreational licenses issued by the department ((of fisheries)) under this chapter are valid for the following periods:

(1) Recreational licenses issued without charge to persons designated by this chapter are valid:

(a) For life for blind persons;

(b) For the period of continued state residency for qualified disabled veterans;

(d) For the period of the disability for persons with a developmental disability;

(e) For life for handicapped persons confined to a wheelchair who have been issued a permanent disability card; and

(f) Until a child reaches fifteen years of age.

(2) Two-consecutive-day personal use licenses expire at midnight on the day following the validation date written on the license by the license dealer, except two-consecutive-day personal use licenses validated for December 31 expire at midnight on that date.

(3) An annual salmon license is valid for a maximum catch of fifteen salmon, after which another salmon license may be purchased. A salmon license is valid only for the calendar year for which it is issued.

(4) An annual sturgeon license is valid for a maximum catch of fifteen sturgeon. A sturgeon license is valid only for the calendar year for which it is issued.

(5) All other recreational licenses are valid for the calendar year for which they are issued.

Sec. 45. RCW 75.50.010 and 1985 c 458 s 1 are each amended to read as follows:

Currently, many of the salmon stocks of Washington state are critically reduced from their sustainable level. The best interests of all fishing groups and the citizens as a whole are served by a stable and productive salmon resource. Immediate action is needed to reverse the severe decline of the resource and to insure its very survival. The legislature finds a state of emergency exists and that immediate action is required to restore its fishery.

Disagreement and strife have dominated the salmon fisheries for many years. Conflicts among the various fishing interests have only served to erode the resource. It is time for the state of Washington to make a major commitment to increasing productivity of the resource and to move forward with an effective rehabilitation and enhancement program. ((The department of fisheries is directed to dedicate its efforts to make increasing the productivity of the salmon resource a first priority and to seek resolution to the many conflicts that involve the resource.))

Success of the enhancement program can only occur if projects efficiently produce salmon or restore habitat. The expectation of the program is to optimize the efficient use of funding on projects that will increase artificially and naturally produced salmon, restore and improve habitat, or identify ways to increase the survival of salmon. The full utilization of state resources and cooperative efforts with interested groups are essential to the success of the program.

Sec. 46. RCW 75.50.070 and 1989 c 426 s 1 are each amended to read as follows:

The legislature finds that it is in the best interest of the salmon resource of the state to encourage the development of regional fisheries enhancement groups. The accomplishments of one existing group, the Grays Harbor fisheries enhancement task force, have been widely recognized as being exemplary. The legislature recognizes the potential benefits to the state that would occur if each region of the state had a similar group of dedicated citizens working to enhance the salmon resource.

The legislature authorizes the formation of regional fisheries enhancement groups. These groups shall be eligible for state financial support and shall be actively supported by the department ((of fisheries)). The regional groups shall be operated on a strictly nonprofit basis, and shall seek to maximize the efforts of volunteer and private donations to improve the salmon resource for all citizens of the state.

Sec. 47. RCW 75.50.080 and 1989 c 426 s 4 are each amended to read as follows:

Regional fisheries enhancement groups, consistent with the long-term regional policy statements developed under RCW 75.50.020, shall seek to:

(1) Enhance the salmon resource of the state;

(2) Maximize volunteer efforts and private donations to improve the salmon resource for all citizens;

(3) Assist the department in achieving the goal to double the state-wide salmon catch by the year 2000 under chapter 214, Laws of 1988; and

(4) Develop projects designed to supplement the fishery enhancement capability of the department ((of fisheries)).

Sec. 48. RCW 75.50.130 and 1992 c 88 s 1 are each amended to read as follows:

The director ((of fisheries)) shall prepare a salmon recovery plan for the Skagit river. The plan shall include strategies for employing displaced timber workers to conduct salmon restoration and other tasks identified in the plan. The plan shall incorporate the best available technology in order to achieve maximum restoration of depressed salmon stocks. The plan must encourage the restoration of natural spawning areas and natural rearing of salmon but must not preclude the development of an active hatchery program.

Sec. 49. RCW 75.52.010 and 1988 c 36 s 41 are each amended to read as follows:

The fish and ((game)) wildlife resources of the state benefit by the contribution of volunteer recreational and commercial fishing organizations, schools, and other volunteer groups in cooperative projects under agreement with the department ((of fisheries or the department of wildlife)). These projects provide educational opportunities, improve the communication between the natural resources agencies and the public, and increase the fish and game resources of the state. In an effort to increase these benefits and realize the full potential of cooperative projects, the department ((of fisheries and the department of wildlife each)) shall administer a cooperative fish and wildlife enhancement program and enter agreements with volunteer groups relating to the operation of cooperative projects.

Sec. 50. RCW 75.52.020 and 1988 c 36 s 42 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Volunteer group" means any person or group of persons interested in or party to an agreement with the department ((of fisheries or the department of wildlife)) relating to a cooperative fish or ((game)) wildlife project.

(2) "Cooperative project" means a project conducted by a volunteer group that will benefit the fish, shellfish, game bird, nongame wildlife, or game animal resources of the state and for which the benefits of the project, including fish and ((game)) wildlife reared and released, are available to all citizens of the state. Indian tribes may elect to participate in cooperative fish and wildlife projects with the department.

(3) "Department" means ((either)) the department of ((fisheries or the department of)) fish and wildlife((, whichever is responsible for managing the species of fish or game most affected by the cooperative project)).

Sec. 51. RCW 75.52.035 and 1987 c 48 s 1 are each amended to read as follows:

The department ((of fisheries)) may authorize the sale of surplus salmon eggs and carcasses by permitted cooperative projects for the purposes of defraying the expenses of the cooperative project. In no instance shall the department allow a profit to be realized through such sales. The department shall adopt rules to implement this section pursuant to chapter 34.05 RCW.

Sec. 52. RCW 75.52.100 and 1989 c 85 s 3 are each amended to read as follows:

A salmon spawning channel shall be constructed on the Cedar river with the assistance and cooperation of the ((state)) department ((of fisheries)). The department shall use existing personnel and the volunteer fisheries enhancement program outlined under chapter 75.52 RCW to assist in the planning, construction, and operation of the spawning channel.

Sec. 53. RCW 75.52.110 and 1989 c 85 s 4 are each amended to read as follows:

The department ((of fisheries)) shall chair a technical committee, which shall review the preparation of enhancement plans and construction designs for a Cedar river sockeye spawning channel. The technical committee shall consist of not more than eight members: One representative each from the department ((of fisheries)), national marine fisheries service, United States fish and wildlife service, and Muckleshoot Indian tribe; and four representatives from the public utility described in RCW 75.52.130. The technical committee will be guided by a policy committee, also to be chaired by the department ((of fisheries)), which shall consist of not more than six members: One representative from the department ((of fisheries)), one from the Muckleshoot Indian tribe, and one from either the national marine fisheries service or the United States fish and wildlife service; and three representatives from the public utility described in RCW 75.52.130. The policy committee shall present a progress report to the senate and house of representatives natural resources and environment committees by January 1, 1990, and shall oversee the operation and evaluation of the spawning channel. The policy committee will continue its oversight until the policy committee concludes that the channel is meeting the production goals specified in RCW 75.52.120.

Sec. 54. RCW 75.52.160 and 1989 c 85 s 10 are each amended to read as follows:

Should the requirements of RCW 75.52.100 through 75.52.160 not be met, the department ((of fisheries)) shall seek immediate legal clarification of the steps which must be taken to fully mitigate water diversion projects on the Cedar river.

Sec. 55. RCW 75.58.010 and 1988 c 36 s 43 are each amended to read as follows:

(1) The director of agriculture and the director ((of fisheries)) shall jointly develop a program of disease inspection and control for aquatic farmers as defined in RCW 15.85.020. The program shall be administered by the department ((of fisheries)) under rules established under this section. The purpose of the program is to protect the aquaculture industry and wildstock fisheries from a loss of productivity due to aquatic diseases or maladies. As used in this section "diseases" means, in addition to its ordinary meaning, infestations of parasites or pests. The disease program may include, but is not limited to, the following elements:

(a) Disease diagnosis;

(b) Import and transfer requirements;

(d) Classification of diseases by severity;

(e) Provision for treatment of selected high-risk diseases;

(f) Provision for containment and eradication of high-risk diseases;

(g) Provision for destruction of diseased cultured aquatic products;

(h) Provision for quarantine of diseased cultured aquatic products;

(i) Provision for coordination with state and federal agencies;

(j) Provision for development of preventative or control measures;

(k) Provision for cooperative consultation service to aquatic farmers; and

(l) Provision for disease history records.

(2) The director ((of fisheries)) shall adopt rules implementing this section. However, such rules shall have the prior approval of the director of agriculture and shall provide therein that the director of agriculture has provided such approval. The director of agriculture or the director's designee shall attend the rule-making hearings conducted under chapter 34.05 RCW and shall assist in conducting those hearings. The authorities granted the department ((of fisheries)) by these rules and by RCW 75.08.080(1)(g), 75.24.080, 75.24.110, 75.28.125, 75.58.020, 75.58.030, and 75.58.040 constitute the only authorities of the department ((of fisheries)) to regulate private sector cultured aquatic products and aquatic farmers as defined in RCW 15.85.020. Except as provided in subsection (3) of this section, no action may be taken against any person to enforce these rules unless the department has first provided the person an opportunity for a hearing. In such a case, if the hearing is requested, no enforcement action may be taken before the conclusion of that hearing.

(3) The rules adopted under this section shall specify the emergency enforcement actions that may be taken by the department ((of fisheries)), and the circumstances under which they may be taken, without first providing the affected party with an opportunity for a hearing. Neither the provisions of this subsection nor the provisions of subsection (2) of this section shall preclude the department ((of fisheries)) from requesting the initiation of criminal proceedings for violations of the disease inspection and control rules.

(4) It is unlawful for any person to violate the rules adopted under subsection (2) or (3) of this section or to violate RCW 75.58.040.

(5) In administering the program established under this section, the department ((of fisheries)) shall use the services of a pathologist licensed to practice veterinary medicine.

(6) The director in administering the program shall not place constraints on or take enforcement actions in respect to the aquaculture industry that are more rigorous than those placed on the department ((of fisheries, the department of wildlife,)) or other fish-rearing entities.

Sec. 56. RCW 75.58.020 and 1985 c 457 s 9 are each amended to read as follows:

The directors of agriculture and ((fisheries)) fish and wildlife shall jointly adopt by rule, in the manner prescribed in RCW 75.58.010(2), a schedule of user fees for the disease inspection and control program established under RCW 75.58.010. The fees shall be established such that the program shall be entirely funded by revenues derived from the user fees by the beginning of the 1987-89 biennium.

There is established in the state treasury an account known as the aquaculture disease control account which is subject to appropriation. Proceeds of fees charged under this section shall be deposited in the account. Moneys from the account shall be used solely for administering the disease inspection and control program established under RCW 75.58.010.

Sec. 57. RCW 75.58.030 and 1988 c 36 s 44 are each amended to read as follows:

(1) The director ((of fisheries)) shall consult regarding the disease inspection and control program established under RCW 75.58.010 with ((the department of wildlife,)) federal agencies((,)) and Indian tribes to assure protection of state, federal, and tribal aquatic resources and to protect private sector cultured aquatic products from disease that could originate from waters or facilities managed by those agencies.

(2) With regard to the program, the director ((of fisheries)) may enter into contracts or interagency agreements for diagnostic field services with government agencies and institutions of higher education and private industry.

(3) The director ((of fisheries)) shall provide for the creation and distribution of a roster of biologists having a speciality in the diagnosis or treatment of diseases of fish or shellfish. The director shall adopt rules specifying the qualifications which a person must have in order to be placed on the roster.

Sec. 58. RCW 75.58.040 and 1988 c 36 s 45 are each amended to read as follows:

All aquatic farmers as defined in RCW 15.85.020 shall register with the department ((of fisheries)). The director shall develop and maintain a registration list of all aquaculture farms. Registered aquaculture farms shall provide the department production statistical data. The state veterinarian ((and the department of wildlife)) shall be provided with registration and statistical data by the department.

Sec. 59. RCW 77.04.020 and 1987 c 506 s 4 are each amended to read as follows:

The department ((of wildlife)) consists of the state fish and wildlife commission and the director ((of wildlife)). The director is responsible for the administration and operation of the department, subject to the provisions of this title. The commission may delegate to the director additional duties and powers necessary and appropriate to carry out this title. The director shall perform the duties prescribed by law and shall carry out the basic goals and objectives prescribed pursuant to RCW 77.04.055.

Sec. 60. RCW 77.04.030 and 1987 c 506 s 5 are each amended to read as follows:

The state fish and wildlife commission consists of ((six)) nine registered voters of the state. In January of each odd-numbered year, the governor shall appoint with the advice and consent of the senate two registered voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified. If a vacancy occurs on the commission prior to the expiration of a term, the governor shall appoint a registered voter within sixty days to complete the term. Three members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, and three shall be residents of that portion of the state lying west of the summit of the Cascade mountains. Three additional members shall be appointed at-large effective July 1, 1993; one of whom shall serve a one and one-half year term to end December 31, 1994; one of whom shall serve a three and one-half year term to end December 31, 1996; and one of whom shall serve a five and one-half year term to end December 31, 1998. Thereafter all members are to serve a six-year term. No two members may be residents of the same county. The legal office of the commission is at the administrative office of the department in Olympia.

Sec. 61. RCW 77.04.040 and 1987 c 506 s 6 are each amended to read as follows:

Persons eligible for appointment as members of the commission shall have general knowledge of the habits and distribution of game fish and wildlife and shall not hold another state, county, or municipal elective or appointive office. In making these appointments, the governor shall seek to maintain a balance reflecting all aspects of game fish and wildlife. Persons eligible for appointment as wildlife commissioners shall not have a monetary interest in any private business that is involved with consumptive or nonconsumptive use of game fish or wildlife.

Sec. 62. RCW 77.04.055 and 1990 c 84 s 2 are each amended to read as follows:

(((1) In addition to any other duties and responsibilities, the commission shall establish, and periodically review with the governor and the legislature, the department's basic goals and objectives to preserve, protect, and perpetuate wildlife and wildlife habitat. The commission shall maximize hunting and fishing recreational opportunities.

(2))) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.

Sec. 63. RCW 77.04.060 and 1987 c 506 s 8 and 1987 c 114 s 1 are each reenacted and amended to read as follows:

The commission shall hold at least one regular meeting during the first two months of each calendar quarter, and special meetings when called by the ((chairman or)) chair and by ((four)) five members. ((Four)) Five members constitute a quorum for the transaction of business.

The commission at a meeting in each odd-numbered year shall elect one of its members as chairman and another member as vice chairman, each of whom shall serve for a term of two years or until a successor is elected and qualified.

Members of the commission shall be compensated in accordance with RCW 43.03.250. In addition, members are allowed their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060.

Sec. 64. RCW 77.04.080 and 1987 c 506 s 9 are each amended to read as follows:

Persons eligible for appointment by the governor as director shall have practical knowledge of the habits and distribution of fish and wildlife. The governor shall seek recommendations from the commission on the qualifications, skills, and experience necessary to discharge the duties of the position. When considering and selecting the director, the governor shall consult with and be advised by the commission. The director shall receive the salary fixed by the governor under RCW 43.03.040.

The director is the ex officio secretary of the commission and shall attend its meetings and keep a record of its business.

The director may appoint and employ necessary departmental personnel. The director may delegate to department personnel the duties and powers necessary for efficient operation and administration of the department. The department shall provide staff for the commission.

Sec. 65. RCW 77.04.100 and 1985 c 208 s 2 are each amended to read as follows:

The director((, in cooperation with the director of fisheries)) shall develop proposals to reinstate the natural salmon and steelhead trout fish runs in the Tilton and upper Cowlitz rivers in accordance with RCW 75.08.020(3).

Sec. 66. RCW 77.08.010 and 1989 c 297 s 7 are each amended to read as follows:

As used in this title or rules adopted pursuant to this title, unless the context clearly requires otherwise:

(1) "Director" means the director of fish and wildlife.

(2) "Department" means the department of fish and wildlife.

(3) "Commission" means the state fish and wildlife commission.

(4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

(5) "Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.

(6) "Ex officio wildlife agent" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries ((commission)) service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

(7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

(8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

(9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a game fish.

(10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish. "Open season" includes the first and last days of the established time.

(11) "Closed season" means all times, manners of taking, and places or waters other than those established as an open season.

(12) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.

(13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.

(14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

(15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

(16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director ((of fisheries)). The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

(17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

(18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

(19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

(20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

(21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

(22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

(23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

(24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

(25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

(26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

(27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

Sec. 67. RCW 77.12.055 and 1988 c 36 s 50 are each amended to read as follows:

(1) Jurisdiction and authority granted under RCW 77.12.060, 77.12.070, and 77.12.080 to the director, wildlife agents, and ex officio wildlife agents is limited to the laws and rules adopted pursuant to this title pertaining to wildlife or to the management, operation, maintenance, or use of or conduct on real property used, owned, leased, or controlled by the department and other statutes as prescribed by the legislature. However, when acting within the scope of these duties and when an offense occurs in the presence of the wildlife agent who is not an ex officio wildlife agent, the wildlife agent may enforce all criminal laws of the state. The wildlife agent must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a supplemental course in criminal law enforcement as approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state.

(2) Wildlife agents are peace officers.

(3) Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by a wildlife agent rests with the department unless the wildlife agent acts under the direction and control of another agency or unless the liability is otherwise assumed under a written agreement between the department ((of wildlife)) and another agency.

(4) Wildlife agents may serve and execute warrants and processes issued by the courts.

Sec. 68. RCW 77.12.103 and 1989 c 314 s 3 are each amended to read as follows:

(1) The burden of proof of any exemption or exception to seizure or forfeiture of personal property involved with wildlife offenses is upon the person claiming it.

(2) An authorized state, county, or municipal officer may be subject to civil liability under RCW 77.12.101 for willful misconduct or gross negligence in the performance of his or her duties.

(3) The director ((of wildlife)), the fish and wildlife commission, or the department ((of wildlife)) may be subject to civil liability for their willful or reckless misconduct in matters involving the seizure and forfeiture of personal property involved with wildlife offenses.

Sec. 69. RCW 77.12.440 and 1987 c 506 s 47 are each amended to read as follows:

The state assents to the act of congress entitled: "An Act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes," (64 Stat. 430; 16 U.S.C. Sec. 777). The department ((of wildlife and the department of fisheries)) shall establish, conduct, and maintain fish restoration and management projects, as defined in the act, and shall comply with the act and related rules adopted by the secretary of the interior.

Sec. 70. RCW 77.12.710 and 1990 c 110 s 2 are each amended to read as follows:

The legislature hereby directs the department ((of wildlife)) to determine the feasibility and cost of doubling the state-wide game fish production by the year 2000. The department shall seek to equalize the effort and investment expended on anadromous and resident game fish programs. The department ((of wildlife)) shall provide the legislature with a specific plan for legislative approval that will outline the feasibility of increasing game fish production by one hundred percent over current levels by the year 2000. The plan shall contain specific provisions to increase both hatchery and naturally spawning game fish to a level that will support the production goal established in this section consistent with ((wildlife commission)) department policies. Steelhead trout, searun cutthroat trout, resident trout, and warmwater fish producing areas of the state shall be included in the plan. The department ((of wildlife)) shall provide the plan to the house of representatives and senate ways and means, environment and natural resources, environmental affairs, fisheries and wildlife, and natural resources committees by December 31, 1990.

The plan shall include the following critical elements:

(1) Methods of determining current catch and production, and catch and production in the year 2000;

(2) Methods of involving fishing groups, including Indian tribes, in a cooperative manner;

(3) Methods for using low capital cost projects to produce game fish as inexpensively as possible;

(4) Methods for renovating and modernizing all existing hatcheries and rearing ponds to maximize production capability;

(5) Methods for increasing the productivity of natural spawning game fish;

(6) Application of new technology to increase hatchery and natural productivity;

(7) Analysis of the potential for private contractors to produce game fish for public fisheries;

(8) Methods to optimize public volunteer efforts and cooperative projects for maximum efficiency;

(9) Methods for development of trophy game fish fisheries;

(10) Elements of coordination with the Pacific Northwest Power Council programs to ensure maximum Columbia river benefits;

(11) The role that should be played by private consulting companies in developing and implementing the plan;

(12) Coordination with federal fish and wildlife agencies, Indian tribes, and department ((of fisheries)) fish production programs;

(13) Future needs for game fish predator control measures;

(14) Development of disease control measures;

(15) Methods for obtaining access to waters currently not available to anglers; and

(16) Development of research programs to support game fish management and enhancement programs.

The department ((of wildlife)), in cooperation with the department of revenue, shall assess various funding mechanisms and make recommendations to the legislature in the plan. The department ((of wildlife)), in cooperation with the department of trade and economic development, shall prepare an analysis of the economic benefits to the state that will occur when the game fish production is increased by one hundred percent in the year 2000.

Sec. 71. RCW 77.12.730 and 1990 c 195 s 3 are each amended to read as follows:

(1) A ten-member firearms range advisory committee is hereby created to provide advice and counsel to the interagency committee for outdoor recreation. The members shall be appointed by the director of the interagency committee for outdoor recreation from the following groups:

(a) Law enforcement;

(b) Washington military department;

(d) Rifle shooting sports;

(e) Pistol shooting sports;

(f) Shotgun shooting sports;

(g) Archery shooting sports;

(h) Hunter education;

(i) Hunters; and

(j) General public.

(2) The firearms range advisory committee members shall serve two-year terms with five new members being selected each year beginning with the third year of the committee's existence. The firearms range advisory committee members shall not receive compensation from the firearms range account. However, travel and per diem costs shall be paid consistent with regulations for state employees.

(3) The interagency committee for outdoor recreation shall provide administrative, operational, and logistical support for the firearms range advisory committee. Expenses directly incurred for supporting this program may be charged by the interagency committee for outdoor recreation against the firearms range account. Expenses shall not exceed ten percent of the yearly income for the range account.

(4) The interagency committee for outdoor recreation shall in cooperation with the firearms range advisory committee:

(a) Develop an application process;

(b) Develop an audit and accountability program;

(d) Monitor compliance by grant recipients.

(5) The department of natural resources, the department of fish and wildlife, and the Washington military department are encouraged to provide land, facilitate land exchanges, and support the development of shooting range facilities.

Sec. 72. RCW 77.12.750 and 1992 c 63 s 13 are each amended to read as follows:

(1) The department ((of wildlife)) shall have the following powers and duties in carrying out its responsibilities for the senior environmental corps created under RCW 43.63A.247:

Appoint a representative to the coordinating council;

Develop project proposals;

Administer project activities within the agency;

Develop appropriate procedures for the use of volunteers;

Provide project orientation, technical training, safety training, equipment, and supplies to carry out project activities;

Maintain project records and provide project reports;

Apply for and accept grants or contributions for corps approved projects; and

With the approval of the council, enter into memoranda of understanding and cooperative agreements with federal, state, and local agencies to carry out corps approved projects.

(2) The department shall not use corps volunteers to displace currently employed workers.

Sec. 73. RCW 77.16.060 and 1987 c 506 s 61 are each amended to read as follows:

It is unlawful to lay, set, or use a net or other device capable of taking game fish in the waters of this state except as authorized by the commission or director ((of fisheries)). Game fish taken incidental to a lawful season established by the director ((of fisheries)) shall be returned immediately to the water.

A landing net may be used to land fish otherwise legally hooked.

Sec. 74. RCW 77.16.135 and 1991 c 211 s 1 are each amended to read as follows:

(1) The director shall revoke all licenses and privileges extended under Title 77 RCW of a person convicted of assault on a state wildlife agent or other law enforcement officer provided that:

(a) The wildlife agent or other law enforcement officer was on duty at the time of the assault; and

(b) The wildlife agent or other law enforcement officer was enforcing the provisions of Title 77 RCW.

(2) For the purposes of this section, the definition of assault includes:

(a) RCW 9A.32.030; murder in the first degree;

(b) RCW 9A.32.050; murder in the second degree;

(d) RCW 9A.32.070; manslaughter in the second degree;

(e) RCW 9A.36.011; assault in the first degree;

(f) RCW 9A.36.021; assault in the second degree; and

(g) RCW 9A.36.031; assault in the third degree.

(3) For the purposes of this section, a conviction includes:

(a) A determination of guilt by the court;

(b) The entering of a guilty plea to the charge or charges by the accused;

(d) The imposition of a deferred or suspended sentence by the court.

(4) No license described under Title 77 RCW shall be reissued to a person violating this section for a minimum of ten years, at ((that [which])) which time a person may petition the director ((of wildlife)) for a reinstatement of his or her license or licenses. The ten-year period shall be tolled during any time the convicted person is incarcerated in any state or local correctional or penal institution, in community supervision, or home detention for an offense under this section. Upon review by the director, and if all provisions of the court that imposed sentencing have been completed, the director may reinstate in whole or in part the licenses and privileges under Title 77 RCW.

Sec. 75. RCW 77.16.170 and 1988 c 36 s 51 are each amended to read as follows:

It is unlawful to take a wild animal from another person's trap without permission, or to spring, pull up, damage, possess, or destroy the trap; however, it is not unlawful for a property owner, lessee, or tenant to remove a trap placed on the owner's, lessee's, or tenant's property by a trapper.

Trappers shall attach to the chain of their traps or devices a legible metal tag with either the department ((of wildlife)) identification number of the trapper or the name and address of the trapper in English letters not less than one-eighth inch in height.

When an individual presents a trapper identification number to the department ((of wildlife)) and requests identification of the trapper, the department ((of wildlife)) shall provide the individual with the name and address of the trapper. Prior to disclosure of the trapper's name and address, the department ((of wildlife)) shall obtain the name and address of the requesting individual in writing and after disclosing the trapper's name and address to the requesting individual, the requesting individual's name and address shall be disclosed in writing to the trapper whose name and address was disclosed.

Sec. 76. RCW 77.18.010 and 1991 c 253 s 2 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the ((Washington)) department of fish and wildlife.

(2) "Contract" means an agreement setting at a minimum, price, quantity of fish to be delivered, time of delivery, and fish health requirements.

(3) "Fish health requirements" means those site specific fish health and genetic requirements actually used by the department of fish and wildlife in fish stocking.

(4) "Aquatic farmer" means a private sector person who commercially farms and manages private sector cultured aquatic products on the person's own land or on land in which the person has a present right of possession.

(5) "Person" means a natural person, corporation, trust, or other legal entity.

Sec. 77. RCW 77.32.380 and 1991 sp.s. c 7 s 12 are each amended to read as follows:

Persons sixteen years of age or older who use clearly identified department lands and access facilities are required to possess a conservation license or a hunting, fishing, trapping, or free license on their person while using the facilities. The fee for this license is ten dollars annually.

The spouse, all children under eighteen years of age, and guests under eighteen years of age of the holder of a valid conservation license may use department lands and access facilities when accompanied by the license holder.

Youth groups may use department lands and game access facilities without possessing a conservation license when accompanied by a license holder.

The conservation license is nontransferable and must be validated by the signature of the holder. Upon request of a wildlife agent or ex officio wildlife agent a person using clearly identified department ((of wildlife)) lands shall exhibit the required license.

NEW SECTION. Sec. 78. A new section is added to chapter 77.12 RCW to read as follows:

Steelhead trout shall be managed solely as a recreational fishery for non-Indian fishermen under the rule-setting authority of the fish and wildlife commission.

Commercial non-Indian steelhead fisheries are not authorized.

NEW SECTION. Sec. 79. On July 1, 1994, the state treasurer shall follow the recommendations of the director of financial management on the disbursement of funds from the state wildlife fund to the department of fish and wildlife solely for the purposes of funding programs for wildlife and game fish. Funds from the state wildlife fund shall be used only for the department of fish and wildlife after June 30, 1994.

NEW SECTION. Sec. 80. The following acts or parts of acts are each repealed:

(1) RCW 43.131.375 and 1991 c 253 s 5; and

(2) RCW 43.131.376 and 1991 c 253 s 6.

NEW SECTION. Sec. 81. Sections 1 through 6 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 82. The legislature finds that recreational fishing opportunities for salmon and marine bottomfish have been dwindling in recent years. It is important to restore diminished recreational fisheries and to enhance the salmon and marine bottomfish resource to assure sustained productivity. Investments made in recreational fishing programs will repay the people of the state many times over in increased economic activity and in an improved quality of life.

NEW SECTION. Sec. 83. There is created within the department of fish and wildlife the Puget Sound recreational salmon and marine fish enhancement program. The department of fish and wildlife shall identify a coordinator for the program who shall act as spokesperson for the program and shall:

(1) Coordinate the activities of the Puget Sound recreational salmon and marine fish enhancement program, including the Lake Washington salmon fishery;

(2) Provide reports as needed to the legislature and the public; and

(3) Work within and outside of the department to achieve the goals stated in this chapter.

NEW SECTION. Sec. 84. The department shall: Develop a short-term program of hatchery-based salmon enhancement using freshwater pond sites for the final rearing phase; solicit support from cooperative projects, regional enhancement groups, and other supporting organizations; conduct comprehensive research on resident and migratory salmon production opportunities; and conduct research on marine bottomfish production limitations and on methods for artificial propagation of marine bottomfish.

Long-term responsibilities of the department are to: Fully implement enhancement efforts for Puget Sound and Hood Canal resident salmon and marine bottomfish; identify opportunities to reestablish salmon runs into areas where they no longer exist; encourage naturally spawning salmon populations to develop to their fullest extent; and fully utilize hatchery programs to improve recreational fishing.

NEW SECTION. Sec. 85. The department shall seek recommendations from persons who are expert on the planning and operation of programs for enhancement of recreational fisheries. The department shall fully use the expertise of the University of Washington college of fisheries and the sea grant program to develop research and enhancement programs.

NEW SECTION. Sec. 86. The department shall develop new locations for the freshwater rearing of delayed-release chinook salmon. In calendar year 1994, at least one freshwater pond chinook salmon rearing site shall be developed and begin production in each of the following areas: South Puget Sound, central Puget Sound, north Puget Sound, and Hood Canal. Natural or artificial pond sites shall be preferred to net pens due to higher survival rates experienced from pond rearing. Rigorous predatory bird control measures shall be implemented. The goal of the program is to increase the production and planting of delayed release chinook salmon to a level of three million fish annually by the year 2000.

NEW SECTION. Sec. 87. The department shall conduct research, develop methods, and implement programs for the artificial rearing and release of marine bottomfish species. Lingcod, halibut, rockfish, and Pacific cod shall be the species of primary emphasis due to their importance in the recreational fishery.

NEW SECTION. Sec. 88. The department shall undertake additional research to more fully evaluate improved enhancement techniques, hooking mortality rates, methods of mass marking, improvement of catch models, and sources of marine bottomfish mortality. Research shall be designed to give the best opportunity to provide information that can be applied to real-world recreational fishing needs.

NEW SECTION. Sec. 89. The department shall work with the department of ecology, the department of wildlife, and local government entities to streamline the siting process for new enhancement projects. The department is encouraged to work with the legislature to develop statutory changes that enable expeditious processing and granting of permits for fish enhancement projects.

NEW SECTION. Sec. 90. The department's information and education section shall develop a public awareness program designed to educate the public on the elements of the recreational fishing program and to recruit volunteers to assist the department in implementing recreational fishing projects. Economic benefits of the program shall be emphasized.

NEW SECTION. Sec. 91. The department shall increase efforts to document the effects of bird predators, harbor seals, sea lions, and predatory fish upon the salmon and marine fish resource. Every opportunity shall be explored to convince the federal government to amend the marine mammal protection act to allow for balanced management of predators, as well as to work with the United States fish and wildlife service to achieve workable control measures for predatory birds.

NEW SECTION. Sec. 92. Indian tribal fishing interests and non-Indian commercial fishing groups shall be invited to participate in development of plans for selective fisheries that target hatchery-produced fish and minimize catch of naturally spawned fish. In addition, talks shall be initiated on the feasibility of altering the rearing programs of department hatcheries to achieve higher survival and greater production of chinook and coho salmon.

NEW SECTION. Sec. 93. The department shall coordinate the sport fishing program with the wild stock initiative to assure that the two programs are compatible and potential conflicts are avoided.

NEW SECTION. Sec. 94. The department shall develop plans for increased recreational access to salmon and marine fish resources. Proposals for new boat launching ramps and pier fishing access shall be developed.

NEW SECTION. Sec. 95. The department shall contract with private consultants, aquatic farms, or construction firms, where appropriate, to achieve the highest benefit-to-cost ratio for recreational fishing projects.

NEW SECTION. Sec. 96. The requirements and provisions of this chapter are to be performed in addition to and not at the expense of existing salmon programs of the department. Nothing in this chapter shall be construed to authorize the department to advocate or to improve recreational fishing at the expense of commercial fishing or to increase recreational enhancement to the detriment of commercial enhancement.

NEW SECTION. Sec. 97. Beginning January 1, 1994, persons who recreationally fish for salmon or marine bottomfish in marine area codes 5 through 13 and Lake Washington shall be assessed an annual recreational surcharge of ten dollars, in addition to other licensing requirements. Funds from the surcharge shall be deposited in the recreational fisheries enhancement account created in section 98 of this act, except that the first five hundred thousand dollars shall be deposited in the general fund before June 30, 1995, to repay the appropriation made by section 105, chapter . . . . ., Laws of 1993 (section 105 of this act).

NEW SECTION. Sec. 98. The recreational fisheries enhancement account is created in the state treasury. All receipts from section 97 of this act shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for recreational fisheries enhancement programs.

NEW SECTION. Sec. 99. A new section is added to chapter 75.08 RCW to read as follows:

The department may adopt rules pertaining to harvest of fish and wildlife in the federal exclusive economic zone by vessels or individuals registered or licensed under the laws of this state.

NEW SECTION. Sec. 100. A new section is added to chapter 1.20 RCW to read as follows:

The legislature finds that the arboreta in this state act as urban wildlife habitat and living museums devoted to the display and conservation of woody plant species from around the world that can grow in the Pacific Northwest. Arboreta enhance public appreciation for the aesthetic diversity of temperate woody plants, conserve both natural and cultivated woody plant taxa to preserve their diversity for future appreciation, educate the public and students concerning urban landscape use and the natural biology of temperate woody plants, and cooperate with similar institutions in this region and around the world in achieving these common goals.

The Washington park arboretum, formerly known as the University of Washington arboretum, is one of the chief centers for accurate botanical and gardening information on the Pacific coast. The two hundred-acre arboretum is run in a cooperative effort by the city of Seattle and the University of Washington. The legislature finds that it is fitting and proper to recognize the importance of the overall mission of the Washington park arboretum and declares that the Washington park arboretum is an official arboretum of the state of Washington.

NEW SECTION. Sec. 101. The department shall develop and present to the legislature, no later than January 1, 1994, proposed legislation for a recreational fishing capital facilities improvement program financed through general obligation bonds.

NEW SECTION. Sec. 102. Sections 1 through 6, 8 through 59, 61, and 63 through 79 of this act shall take effect July 1, 1994.

NEW SECTION. Sec. 103. Section 62 of this act shall take effect July 1, 1995.

NEW SECTION. Sec. 104. Sections 83 through 98 of this act shall constitute a new chapter in Title 75 RCW.

NEW SECTION. Sec. 105. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from

the general fund to the recreational fisheries enhancement account created in section 98 of this act for the purpose of achieving early implementation of this act. Funds appropriated by this section shall be repaid to the general fund from the proceeds of the surcharge established in section 97 of this act. Repayment shall occur before June 30, 1995.

NEW SECTION. Sec. 106. Sections 60, 82 through 99, 103, and 104 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.

NEW SECTION. Sec. 107. 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."

On page 1, line 2 of the title, after "wildlife;" strike the remainder of the title and insert "amending RCW 41.06.070, 43.17.010, 43.17.020, 42.17.2401, 43.51.955, 75.08.014, 75.08.035, 75.08.055, 75.08.400, 75.10.010, 75.10.200, 75.12.040, 75.20.005, 75.20.050, 75.20.100, 75.20.1001, 75.20.103, 75.20.104, 75.20.1041, 75.20.106, 75.20.110, 75.20.130, 75.20.300, 75.20.310, 75.24.065, 75.25.005, 75.25.080, 75.25.170, 75.25.180, 75.50.010, 75.50.070, 75.50.080, 75.50.130, 75.52.010, 75.52.020, 75.52.035, 75.52.100, 75.52.110, 75.52.160, 75.58.010, 75.58.020, 75.58.030, 75.58.040, 77.04.020, 77.04.030, 77.04.040, 77.04.055, 77.04.080, 77.04.100, 77.08.010, 77.12.055, 77.12.103, 77.12.440, 77.12.710, 77.12.730, 77.12.750, 77.16.060, 77.16.135, 77.16.170, 77.18.010, and 77.32.380; reenacting and amending RCW 75.08.011 and 77.04.060; adding a new section to chapter 77.12 RCW; adding a new section to chapter 75.08 RCW; adding a new section to chapter 1.20 RCW; adding a new chapter to Title 43 RCW; adding a new chapter to Title 75 RCW; creating new sections; repealing RCW 43.131.375 and 43.131.376; making an appropriation; providing effective dates; and declaring an emergency.", and that the bill do pass as recommended by the Conference Committee.

Signed by: Senators Owen, Oke, Hargrove; Representatives Anderson, Reams, King.

MOTION

Senator Owen moved that the Senate adopt the Report of the Conference Committee on Substitute House Bill No. 2055.

Debate ensued.

POINT OF ORDER

Senator Roach: "Mr. President, a point of order. I would ask that you look at the scope and object of the New Section, Section 100. I think this bill is addressing the merger of two departments. This particular section involves the establishing of an arboretum as being a Washington State Park. I don't think that this is within the scope and object of this bill."

Further debate ensued.

MOTION

On motion of Senator Jesernig, further consideration of Substitute House Bill No. 2055 was deferred.

REPORT OF CONFERENCE COMMITTEE

ESHB 1372 April 24, 1993

Includes "NEW ITEM": YES

Creating the government accountability task force

MR. PRESIDENT:

MR. SPEAKER:

We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1372, Emergency communic/privacy, have had the same under consideration and we recommend that:

The Senate Committee on Ways and Means striking amendment(s) adopted on April 16, 1993, not be adopted, and that the following Conference Committee striking amendments be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that many of the systems currently in place for assuring accountability in state government programs are not operated comprehensively, do not take advantage of modern management techniques, and do not contribute adequately to the optimum use of scarce resources. Critical variables that are not always taken into account include whether stated goals and objectives are being achieved, and whether desired results are being accomplished.

Agency executives need more accurate information for setting policy, determining whether new or existing programs are effective, and improving internal controls for agency management. These needs must be met at all levels of operation, and must be clearly communicated to the legislature and all interested parties.

Ensuring accountability in government involves a long-term commitment to policy planning, quality management, and results-oriented evaluation. It is the intent of the legislature to facilitate program evaluations and performance audits of selected state agencies and programs through the coordinated resources of the executive and legislative branches of state government.

Sec. 2. RCW 43.88.020 and 1991 c 358 s 6 are each amended to read as follows:

(1) "Budget" means a proposed plan of expenditures for a given period or purpose and the proposed means for financing these expenditures.

(2) "Budget document" means a formal, written statement offered by the governor to the legislature, as provided in RCW 43.88.030.

(3) "Director of financial management" means the official appointed by the governor to serve at the governor's pleasure and to whom the governor may delegate necessary authority to carry out the governor's duties as provided in this chapter. The director of financial management shall be head of the office of financial management which shall be in the office of the governor.

(4) "Agency" means and includes every state office, officer, each institution, whether educational, correctional or other, and every department, division, board and commission, except as otherwise provided in this chapter.

(5) "Public funds", for purposes of this chapter, means all moneys, including cash, checks, bills, notes, drafts, stocks, and bonds, whether held in trust, for operating purposes, or for capital purposes, and collected or disbursed under law, whether or not such funds are otherwise subject to legislative appropriation, including funds maintained outside the state treasury.

(6) "Regulations" means the policies, standards, and requirements, stated in writing, designed to carry out the purposes of this chapter, as issued by the governor or the governor's designated agent, and which shall have the force and effect of law.

(7) "Ensuing biennium" means the fiscal biennium beginning on July 1st of the same year in which a regular session of the legislature is held during an odd-numbered year pursuant to Article II, section 12 of the Constitution and which biennium next succeeds the current biennium.

(8) "Dedicated fund" means a fund in the state treasury, or a separate account or fund in the general fund in the state treasury, that by law is dedicated, appropriated or set aside for a limited object or purpose; but "dedicated fund" does not include a revolving fund or a trust fund.

(9) "Revolving fund" means a fund in the state treasury, established by law, from which is paid the cost of goods or services furnished to or by a state agency, and which is replenished through charges made for such goods or services or through transfers from other accounts or funds.

(10) "Trust fund" means a fund in the state treasury in which designated persons or classes of persons have a vested beneficial interest or equitable ownership, or which was created or established by a gift, grant, contribution, devise, or bequest that limits the use of the fund to designated objects or purposes.

(11) "Administrative expenses" means expenditures for: (a) Salaries, wages, and related costs of personnel and (b) operations and maintenance including but not limited to costs of supplies, materials, services, and equipment.

(12) "Fiscal year" means the year beginning July 1st and ending the following June 30th.

(13) "Lapse" means the termination of authority to expend an appropriation.

(14) "Legislative fiscal committees" means the legislative budget committee, the legislative evaluation and accountability program committee, the ways and means committees of the senate and house of representatives, and, where appropriate, the legislative transportation committee.

(15) "Fiscal period" means the period for which an appropriation is made as specified within the act making the appropriation.

(16) "Primary budget driver" means the primary determinant of a budget level, other than a price variable, which causes or is associated with the major expenditure of an agency or budget unit within an agency, such as a caseload, enrollment, workload, or population statistic.

(17) "Stabilization account" means the budget stabilization account created under RCW 43.88.525 as an account in the general fund of the state treasury.

(18) "State tax revenue limit" means the limitation created by chapter 43.135 RCW.

(19) "General state revenues" means the revenues defined by Article VIII, section 1(c) of the state Constitution.

(20) "Annual growth rate in real personal income" means the estimated percentage growth in personal income for the state during the current fiscal year, expressed in constant value dollars, as published by the office of financial management or its successor agency.

(21) "Estimated revenues" means estimates of revenue in the most recent official economic and revenue forecast prepared under RCW 82.33.020, and prepared by the office of financial management for those funds, accounts, and sources for which the office of the economic and revenue forecast council does not prepare an official forecast including estimates of revenues to support financial plans under RCW 44.40.070, that are prepared by the office of financial management in consultation with the interagency task force.

(22) "Estimated receipts" means the estimated receipt of cash in the most recent official economic and revenue forecast prepared under RCW 82.33.020, and prepared by the office of financial management for those funds, accounts, and sources for which the office of the economic and revenue forecast council does not prepare an official forecast.

(23) "State budgeting, accounting, and reporting system" means a system that gathers, maintains, and communicates fiscal information. The system links fiscal information beginning with development of agency budget requests through adoption of legislative appropriations to tracking actual receipts and expenditures against approved plans.

(24) "Allotment of appropriation" means the agency's statement of proposed expenditures, the director of financial management's review of that statement, and the placement of the approved statement into the state budgeting, accounting, and reporting system.

(25) "Statement of proposed expenditures" means a plan prepared by each agency that breaks each appropriation out into monthly detail representing the best estimate of how the appropriation will be expended.

(26) "Undesignated fund balance (or deficit)" means unreserved and undesignated current assets or other resources available for expenditure over and above any current liabilities which are expected to be incurred by the close of the fiscal period.

(27) "Internal audit" means an independent appraisal activity within an agency for the review of operations as a service to management, including a systematic examination of accounting and fiscal controls to assure that human and material resources are guarded against waste, loss, or misuse; and that reliable data are gathered, maintained, and fairly disclosed in a written report of the audit findings.

(28) "Performance audit" means an audit that determines the following: (a) Whether a government entity is acquiring, protecting, and using its resources economically and efficiently; (b) the causes of inefficiencies or uneconomical practices; (c) whether the entity has complied with laws and rules applicable to the program; (d) the extent to which the desired results or benefits established by the legislature are being achieved; and (e) the effectiveness of organizations, programs, activities, or functions.

(29) "Program evaluation" means the use of a variety of policy and fiscal research methods to (a) determine the extent to which a program is achieving its legislative intent in terms of producing the effects expected, and (b) make an objective judgment of the implementation, outcomes, and net cost or benefit impact of programs in the context of their goals and objectives. It includes the application of systematic methods to measure the results, intended or unintended, of program activities.

Sec. 3. RCW 43.88.090 and 1989 c 273 s 26 are each amended to read as follows:

(1) For purposes of developing budget proposals to the legislature, the governor shall have the power, and it shall be the governor's duty, to require from proper agency officials such detailed estimates and other information in such form and at such times as the governor shall direct. The estimates for the legislature and the judiciary shall be transmitted to the governor and shall be included in the budget without revision. The estimates for state pension contributions shall be based on the rates provided in chapter 41.45 RCW. Copies of all such estimates shall be transmitted to the standing committees on ways and means of the house and senate at the same time as they are filed with the governor and the office of financial management.

(((2) Estimates from each agency shall include goals and objectives for each program administered by the agency. The goals and objectives shall, whenever possible, be stated in terms of objective measurable results.))

The estimates shall include statements or tables which indicate, by agency, the state funds which are required for the receipt of federal matching revenues. The estimates shall be revised as necessary to reflect legislative enactments and adopted appropriations and shall be included with the initial biennial allotment submitted under RCW 43.88.110.

(((3))) (2) It is the policy of the state that each state agency define its mission and establish measurable goals for achieving desirable results for those who receive its services. This section shall not be construed to require an agency to develop a new mission or goals in place of identifiable missions or goals that meet the intent of this section. State agencies should involve affected groups and individuals in developing their missions and goals.

(3) For the purpose of assessing program performance, each state agency shall establish program objectives for each major program in its budget. The objectives shall be consistent with the missions and goals developed under this section. The objectives shall be expressed to the extent practicable in outcome-based, objective, and measurable form unless permitted by the office of financial management to adopt a different standard.

(4) In concert with legislative and executive agencies, the office of financial management shall develop a plan for using these outcome-based objectives in the evaluation of agency performance for improved accountability of state government. Any elements of the plan requiring legislation shall be submitted to the legislature no later than November 30, 1994.

(5) In the year of the gubernatorial election, the governor shall invite the governor-elect or the governor-elect's designee to attend all hearings provided in RCW 43.88.100; and the governor shall furnish the governor-elect or the governor-elect's designee with such information as will enable the governor-elect or the governor-elect's designee to gain an understanding of the state's budget requirements. The governor-elect or the governor-elect's designee may ask such questions during the hearings and require such information as the governor-elect or the governor-elect's designee deems necessary and may make recommendations in connection with any item of the budget which, with the governor-elect's reasons therefor, shall be presented to the legislature in writing with the budget document. Copies of all such estimates and other required information shall also be submitted to the standing committees on ways and means of the house and senate.

Sec. 4. RCW 43.88.160 and 1992 c 118 s 8 are each amended to read as follows:

This section sets forth the major fiscal duties and responsibilities of officers and agencies of the executive branch. The regulations issued by the governor pursuant to this chapter shall provide for a comprehensive, orderly basis for fiscal management and control, including efficient accounting and reporting therefor, for the executive branch of the state government and may include, in addition, such requirements as will generally promote more efficient public management in the state.

(1) Governor; director of financial management. The governor, through the director of financial management, shall devise and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of the state shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and reports of all financial affairs of the state. The system shall also provide for central accounts in the office of financial management at the level of detail deemed necessary by the director to perform central financial management. The director of financial management shall adopt and periodically update an accounting procedures manual. Any agency maintaining its own accounting and reporting system shall comply with the updated accounting procedures manual and the rules of the director adopted under this chapter. An agency may receive a waiver from complying with this requirement if the waiver is approved by the director. Waivers expire at the end of the fiscal biennium for which they are granted. The director shall forward notice of waivers granted to the appropriate legislative fiscal committees. The director of financial management may require such financial, statistical, and other reports as the director deems necessary from all agencies covering any period.

(2) The director of financial management is responsible for quarterly reporting of primary operating budget drivers such as applicable workloads, caseload estimates, and appropriate unit cost data. These reports shall be transmitted to the legislative fiscal committees or by electronic means to the legislative evaluation and accountability program committee. Quarterly reports shall include actual monthly data and the variance between actual and estimated data to date. The reports shall also include estimates of these items for the remainder of the budget period.

(3) The director of financial management shall report at least annually to the appropriate legislative committees regarding the status of all appropriated capital projects, including transportation projects, showing significant cost overruns or underruns. If funds are shifted from one project to another, the office of financial management shall also reflect this in the annual variance report. Once a project is complete, the report shall provide a final summary showing estimated start and completion dates of each project phase compared to actual dates, estimated costs of each project phase compared to actual costs, and whether or not there are any outstanding liabilities or unsettled claims at the time of completion.

(4) In addition, the director of financial management, as agent of the governor, shall:

(a) Develop and maintain a system of internal controls and internal audits comprising methods and procedures to be adopted by each agency that will safeguard its assets, check the accuracy and reliability of its accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies for accounting and financial controls. The system developed by the director shall include criteria for determining the scope and comprehensiveness of internal controls required by classes of agencies, depending on the level of resources at risk.

Each agency head or authorized designee shall be assigned the responsibility and authority for establishing and maintaining internal audits following the standards of internal auditing of the institute of internal auditors;

(b) Make surveys and analyses of agencies with the object of determining better methods and increased effectiveness in the use of manpower and materials; and the director shall authorize expenditures for employee training to the end that the state may benefit from training facilities made available to state employees;

(((b))) (c) Report to the governor with regard to duplication of effort or lack of coordination among agencies;

(((c))) (d) Review any pay and classification plans, and changes thereunder, developed by any agency for their fiscal impact: PROVIDED, That none of the provisions of this subsection shall affect merit systems of personnel management now existing or hereafter established by statute relating to the fixing of qualifications requirements for recruitment, appointment, or promotion of employees of any agency. The director shall advise and confer with agencies including appropriate standing committees of the legislature as may be designated by the speaker of the house and the president of the senate regarding the fiscal impact of such plans and may amend or alter said plans, except that for the following agencies no amendment or alteration of said plans may be made without the approval of the agency concerned: Agencies headed by elective officials;

(((d))) (e) Fix the number and classes of positions or authorized man years of employment for each agency and during the fiscal period amend the determinations previously fixed by the director except that the director shall not be empowered to fix said number or said classes for the following: Agencies headed by elective officials;

(((e))) (f) Provide for transfers and repayments between the budget stabilization account and the general fund as directed by appropriation and RCW 43.88.525 through 43.88.540;

(((f) Promulgate regulations)) (g) Adopt rules to effectuate provisions contained in (a) through (((e))) (f) of this subsection.

(5) The treasurer shall:

(a) Receive, keep, and disburse all public funds of the state not expressly required by law to be received, kept, and disbursed by some other persons: PROVIDED, That this subsection shall not apply to those public funds of the institutions of higher learning which are not subject to appropriation;

(b) Disburse public funds under the treasurer's supervision or custody by warrant or check;

(c) Keep a correct and current account of all moneys received and disbursed by the treasurer, classified by fund or account;

(d) Perform such other duties as may be required by law or by regulations issued pursuant to this law.

It shall be unlawful for the treasurer to issue any warrant or check for public funds in the treasury except upon forms duly prescribed by the director of financial management. Said forms shall provide for authentication and certification by the agency head or the agency head's designee that the services have been rendered or the materials have been furnished; or, in the case of loans or grants, that the loans or grants are authorized by law; or, in the case of payments for periodic maintenance services to be performed on state owned equipment, that a written contract for such periodic maintenance services is currently in effect and copies thereof are on file with the office of financial management; and the treasurer shall not be liable under the treasurer's surety bond for erroneous or improper payments so made: PROVIDED, That when services are lawfully paid for in advance of full performance by any private individual or business entity other than as provided for by RCW 42.24.035, such individual or entity other than central stores rendering such services shall make a cash deposit or furnish surety bond coverage to the state as shall be fixed in an amount by law, or if not fixed by law, then in such amounts as shall be fixed by the director of the department of general administration but in no case shall such required cash deposit or surety bond be less than an amount which will fully indemnify the state against any and all losses on account of breach of promise to fully perform such services: AND PROVIDED FURTHER, That no payments shall be made in advance for any equipment maintenance services to be performed more than three months after such payment. Any such bond so furnished shall be conditioned that the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. The responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency head or the agency head's designee in accordance with regulations issued pursuant to this chapter. Nothing in this section shall be construed to permit a public body to advance funds to a private service provider pursuant to a grant or loan before services have been rendered or material furnished.

(6) The state auditor shall:

(a) Report to the legislature the results of current post audits that have been made of the financial transactions of each agency; to this end the auditor may, in the auditor's discretion, examine the books and accounts of any agency, official or employee charged with the receipt, custody or safekeeping of public funds. Where feasible in conducting examinations, the auditor shall utilize data and findings from the internal control system prescribed by the office of financial management. The current post audit of each agency may include a section on recommendations to the legislature as provided in (c) of this subsection.

(b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs of the state.

(c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The report shall be for the last complete fiscal period and shall include ((at least the following:)) determinations as to whether agencies, in making expenditures, complied with the laws of this state((: PROVIDED, That nothing in this section may be construed to grant)). The state auditor ((the right)) is authorized to perform or participate in performance audits only as expressly authorized by the legislature in the omnibus biennial appropriations acts. A performance audit for the purpose of this section is the examination of the effectiveness of the administration, its efficiency, and its adequacy in terms of the programs of departments or agencies as previously approved by the legislature. ((The authority and responsibility to conduct such an examination shall be vested in the legislative budget committee as prescribed in RCW 44.28.085.)) The state auditor, upon completing an audit for legal and financial compliance under chapter 43.09 RCW, may report to the legislative budget committee or other appropriate committees of the legislature, in a manner prescribed by the legislative budget committee, on facts relating to the management or performance of governmental programs where such facts are discovered incidental to the legal and financial audit. The auditor may make such a report to a legislative committee only if the auditor has determined that the agency has been given an opportunity and has failed to resolve the management or performance issues raised by the auditor. If the auditor makes a report to a legislative committee, the agency may submit to the committee a response to the report. This subsection (6) shall not be construed to authorize the auditor to allocate other than de minimis resources to performance audits except as expressly authorized in the appropriations acts.

(d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take exception to other practices related in any way to the agency's financial transactions and to cause such exceptions to be made a matter of public record, including disclosure to the agency concerned and to the director of financial management. It shall be the duty of the director of financial management to cause corrective action to be taken promptly, such action to include, as appropriate, the withholding of funds as provided in RCW 43.88.110.

(e) Promptly report any irregularities to the attorney general.

(f) Investigate improper governmental activity under chapter 42.40 RCW.

(7) The legislative budget committee may:

(a) Make post audits of the financial transactions of any agency and management surveys and program reviews as provided for in RCW 44.28.085 as well as performance audits and program evaluations. To this end the committee may in its discretion examine the books, accounts, and other records of any agency, official, or employee.

(b) Give information to the legislature or any legislative committee whenever required upon any subject relating to the performance and management of state agencies.

(i) Determinations as to the extent to which agencies in making expenditures have complied with the will of the legislature and in this connection, may take exception to specific expenditures or financial practices of any agencies; and

(ii) Such plans as it deems expedient for the support of the state's credit, for lessening expenditures, for promoting frugality and economy in agency affairs and generally for an improved level of fiscal management.

NEW SECTION. Sec. 5. A new section is added to chapter 44.28 RCW to read as follows:

(1) In conducting program evaluations as defined in RCW 43.88.020, the legislative budget committee may establish a biennial work plan that identifies state agency programs for which formal evaluation appears necessary. Among the factors to be considered in preparing the work plan are:

(a) Whether a program newly created or significantly altered by the legislature warrants continued oversight because (i) the fiscal impact of the program is significant, or (ii) the program represents a relatively high degree of risk in terms of reaching the stated goals and objectives for that program;

(b) Whether implementation of an existing program has failed to meet its goals and objectives by any significant degree.

(2) The project description for each program evaluation shall include start and completion dates, the proposed research approach, and cost estimates.

(3) The overall plan may include proposals to employ contract evaluators. As conditions warrant, the program evaluation work plan may be amended from time to time. All biennial work plans shall be transmitted to the appropriate fiscal and policy committees of the senate and the house of representatives.

Sec. 6. RCW 44.28.085 and 1975 1st ex.s. c 293 s 15 are each amended to read as follows:

The legislative budget committee shall make management surveys and program reviews as to every public body, officer or employee subject to the provisions of RCW 43.09.290 through 43.09.340. The legislative budget committee may also make management surveys and program reviews of local school districts, intermediate school districts, and other units of local government receiving state funds as grants-in-aid or as shared revenues. Management surveys for the purposes of this section shall be an independent examination for the purpose of providing the legislature with an evaluation and report of the manner in which any public agency, officer, administrator, or employee has discharged the responsibility to faithfully, efficiently, and effectively administer any legislative purpose of the state. Program reviews for the purpose of this section shall be an examination of state or local government programs to ascertain whether or not such programs continue to serve their intended purposes, are conducted in an efficient and effective manner, or require modification or elimination((: PROVIDED, That)). Nothing in this section shall limit the power or duty of the state auditor to report to the legislature as directed by ((subsection (3) of)) RCW 43.88.160 ((as now or hereafter amended. The authority in this section conferred excludes a like authority in the state auditor)).

The legislative budget committee shall receive a copy of each report of examination issued by the state auditor under RCW 43.09.310, shall review all such reports, and shall make such recommendations to the legislature and to the state auditor as it deems appropriate.

NEW SECTION. Sec. 7. This act may be known and cited as the performance-based government act of 1993.

NEW SECTION. Sec. 8. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act, this act shall be null and void."

On page 1, line 1 of the title, after "government;" strike the remainder of the title and insert "amending RCW 43.88.020, 43.88.090, 43.88.160, and 44.28.085; adding a new section to chapter 44.28 RCW; and creating new sections.", and that the bill do pass as recommended by the Conference Committee.

Signed by: Senators Skratek, Bluechel, Quigley; Representatives Sommers, Reams, Pruitt.

MOTION

Senator Skratek moved that the Senate adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1372.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Skratek that the Senate do adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1372.

The motion by Senator Skratek carried and the Senate adopted the Report of the Conference Committee on Engrossed Substitute House Bill No. 1372.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1372, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1372, as recommended by the Conference Committee, 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, Erwin, Franklin, Fraser, Gaspard, Hargrove, 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, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 43.

Excused: Senators Drew, Haugen, Rinehart, Sellar, Spanel and Vognild - 6.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1372, 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.

MOTION

At 1:38 p.m., on motion of Senator Jesernig, the Senate recessed until 2:30 p.m.

The Senate was called to order at 3:00 p.m. by President Pritchard.

There being no objection, the Senate resumed consideration of the Report of the Conference Committee on Substitute House Bill No. 2055, deferred earlier today.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the point of order raised by Senator Roach, the President finds that Substitute House Bill No. 2055 is a measure which authorizes the creation of a new State Department of Fish and Wildlife and provides for the transfer and reorganization of the functions structure and functions of the former Departments of Fisheries and Wildlife.

"The Conference Committee Report would accomplish similar purposes and, also, designate the Washington Park Arboretum as an official arboretum of the state of Washington.

"The President, therefore, finds that the proposed Conference Committee Report does change the scope and object of the bill and the point of order is well taken."

The Report of the Conference Committee on Substitute House Bill No. 2055 was ruled out of order.

MOTION

On motion of Senator Owen, the Report of the Conference Committee on Engrossed Substitute House Bill No. 2055 was returned to the Conference Committee.

MESSAGE FROM THE HOUSE

April 18, 1993

MR. PRESIDENT:

The House has passed ENGROSSED SENATE BILL NO. 5720 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1 1991 c 352 s 10 (uncodified) is repealed.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

Senator Owen moved that the Senate concur in the House amendment to Engrossed Senate Bill No. 5720.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Owen that the Senate do concur in the House amendment to Engrossed Senate Bill No. 5720.

The motion by Senator Owen carried on a rising vote and the Senate concurred in the House amendment to Engrossed Senate Bill No. 5720.

MOTION

On motion of Senator Jesernig, further consideration of Engrossed Senate Bill No. 5720 was deferred.

MESSAGES FROM THE HOUSE

April 24, 1993

MR. PRESIDENT:

The House has passed HOUSE BILL NO. 2028, as amended by the Senate.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House has passed SECOND SUBSTITUTE SENATE BILL NO. 5239, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk

REPORT OF CONFERENCE COMMITTEE

ESHB 1512 April 24, 1993

Includes "NEW ITEM": YES

Changing provisions relating to dependent children

MR. PRESIDENT:

MR. SPEAKER:

We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1512, Dependent children, have had the same under consideration and we recommend that:

The Senate striking amendment(s) by Senators Talmadge, Hargrove, Fraser and Roach adopted on April 16, 1993, not be adopted, and that the following Conference Committee striking amendments be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 13.34.145 and 1989 1st ex.s. c 17 s 18 are each amended to read as follows:

(1) In all cases where a child has been placed in substitute care for at least fifteen months, the agency having custody of the child shall prepare a permanency ((planning)) plan and present it in a hearing ((shall be)) held before the court no later than eighteen months following commencement of the placement episode.

(2) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.130(((4)))(5). In addition the court shall: (a) Approve a ((permanent plan of care)) permanency plan which ((can)) shall include one of the following: Adoption, guardianship, ((or)) placement of the child in the home of the child's parent, relative placement with written permanency plan, or family foster care with written permanency agreement; (b) require filing of a petition for termination of parental rights; or (c) dismiss the dependency, unless the court finds, based on clear, cogent, and convincing evidence, that it is in the best interest of the child to continue the dependency beyond eighteen months, based on ((a permanent plan of care)) the permanency plan. Extensions may only be granted in increments of twelve months or less.

Sec. 2. RCW 13.34.180 and 1990 c 246 s 7 are each amended to read as follows:

A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.34.070(7), and shall allege:

(1) That the child has been found to be a dependent child under RCW 13.34.030(2); and

(2) That the court has entered a dispositional order pursuant to RCW 13.34.130; and

(3) That the child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency under RCW 13.34.030(2); and

(4) That the services ordered under RCW 13.34.130 have been offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been offered or provided; and

(5) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. In determining whether the conditions will be remedied the court may consider, but is not limited to, the following factors:

(a) Use of intoxicating or controlled substances so as to render the parent incapable of providing proper care for the child for extended periods of time and documented unwillingness of the parent to receive and complete treatment or documented multiple failed treatment attempts; or

(b) Psychological incapacity or mental deficiency of the parent that is so severe and chronic as to render the parent incapable of providing proper care for the child for extended periods of time, and documented unwillingness of the parent to receive and complete treatment or documentation that there is no treatment that can render the parent capable of providing proper care for the child in the near future; and

(6) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home; or

(7) In lieu of the allegations in subsections (1) through (6) of this section, the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found.

A parent's failure to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. The presumption shall not arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable future have been offered or provided.

Notice of rights shall be served upon the parent, guardian, or legal custodian with the petition and shall be in substantially the following form:

"NOTICE

A petition for termination of parental rights has been filed against you. You have important legal rights and you must take steps to protect your interests. This petition could result in permanent loss of your parental rights.

1. You have the right to a fact-finding hearing before a judge.

2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to the department of social and health services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact: (explain local procedure) .

3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.

You should be present at this hearing.

You may call (insert agency) for more information about your child. The agency's name and telephone number are (insert name and telephone number) ."

Sec. 3. RCW 13.34.190 and 1992 c 145 s 15 are each amended to read as follows:

After hearings pursuant to RCW 13.34.110, the court may enter an order terminating all parental rights to a child if the court finds that:

(1) The allegations contained in the petition as provided in RCW 13.34.180 (1) through (6) are established by clear, cogent, and convincing evidence; or

(2) RCW 13.34.180 (3) and (4) may be waived because the allegations under RCW 13.34.180 (1), (2), (5), and (6) are established beyond a reasonable doubt; or

(3) The allegation under RCW 13.34.180(7) is established beyond a reasonable doubt. In determining whether RCW 13.34.180 (5) and (6) are established beyond a reasonable doubt, the court shall consider whether one or more of the ((following:

(a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

(b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 or 9A.42.030;

(c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

(d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

(e) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

(f) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim)) aggravated circumstances listed in RCW 13.34.130(2) exist; and

(4) Such an order is in the best interests of the child.

Sec. 4. RCW 13.34.232 and 1981 c 195 s 3 are each amended to read as follows:

If the court has made a finding under RCW 13.34.231, it shall enter an order establishing a guardianship for the child. The order shall:

(1) Appoint a person or agency to serve as guardian;

(2) Specify the guardian's rights and responsibilities concerning the care, custody, and control of the child. A guardian shall not have the authority to consent to the child's adoption;

(3) Specify an appropriate frequency of visitation between the parent and the child; and

(4) Specify the need for any continued involvement of the supervising agency and the nature of that involvement, if any.

The order shall not affect the child's status as a dependent child, and the child shall remain dependent for the duration of the guardianship.

NEW SECTION. Sec. 5. A new section is added to chapter 13.34 RCW to read as follows:

(1) The provisions of this section shall apply when a court orders a party to undergo an alcohol or substance abuse diagnostic investigation and evaluation.

(2) The facility conducting the investigation and evaluation shall make a written report to the court stating its findings and recommendations including family-based services or treatment when appropriate. If its findings and recommendations support treatment, it shall also recommend a treatment plan setting out:

(a) Type of treatment;

(b) Nature of treatment;

(d) A treatment time schedule; and

(e) Approximate cost of the treatment.

The affected person shall be included in developing the appropriate plan of treatment. The plan of treatment must be signed by treatment provider and the affected person. The initial written report based on the treatment plan and response to treatment shall be sent to appropriate persons six weeks after initiation of treatment, and after three months, after six months, after twelve months, and thereafter every six months if treatment exceeds twelve months. Reports are to be filed in a timely manner. Close-out of the treatment record must include summary of pretreatment and posttreatment, with final outcome and disposition. The report shall also include recommendations for ongoing stability and decrease in destructive behavior.

The report with the treatment plan shall be filed with the court and a copy given to the person evaluated and the person's counsel. A copy of the treatment plan shall also be given to the department's caseworker and to the guardian ad litem. Any program for chemical dependency shall meet the program requirements contained in chapter 70.96A RCW.

(3) If the court has ordered treatment pursuant to a dependency proceeding it shall also require the treatment program to provide, in the reports required by subsection (2) of this section, status reports to the court, the department, the supervising child-placing agency if any, and the person or person's counsel regarding: (a) The person's cooperation with the treatment plan proposed; and (b) the person's progress in treatment.

(4) In addition, if the party fails or neglects to carry out and fulfill any term or condition of the treatment plan, the program or agency administering the treatment shall report such breach to the court, the department, the guardian ad litem, the supervising child-placing agency if any, and the person or person's counsel, within twenty-four hours, together with its recommendation. These reports shall be made as a declaration by the person who is personally responsible for providing the treatment.

(5) Nothing in this chapter may be construed as allowing the court to require the department to pay for the cost of any alcohol or substance abuse evaluation or treatment program.

NEW SECTION. Sec. 6. A new section is added to chapter 13.34 RCW to read as follows:

(1) The court or the department, upon receiving a report under section 5(4) of this act, may schedule a show cause hearing to determine whether the person is in violation of the treatment conditions. All parties shall be given notice of the hearing. The court shall hold the hearing within ten days of the request for a hearing. At the hearing, testimony, declarations, reports, or other relevant information may be presented on the person's alleged failure to comply with the treatment plan and the person shall have the right to present similar information on his or her own behalf.

(2) If the court finds that there has been a violation of the treatment conditions it shall modify the dependency order, as necessary, to ensure the safety of the child. The modified order shall remain in effect until the party is in full compliance with the treatment requirements.

Sec. 7. RCW 13.34.110 and 1991 c 340 s 3 are each amended to read as follows:

The court shall hold a fact-finding hearing on the petition and, unless the court dismisses the petition, shall make written findings of fact, stating the reasons therefor, and after it has announced its findings of fact shall hold a hearing to consider disposition of the case immediately following the fact-finding hearing or at a continued hearing within fourteen days or longer for good cause shown. The parties need not appear at the fact-finding or dispositional hearing if ((all)) the parties, their attorneys, the guardian ad litem, and court-appointed special advocates, if any, are all in agreement((; but)). The court shall receive and review a social study before entering an order based on agreement. No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination, except as otherwise admissible under the rules of evidence. Notice of the time and place of the continued hearing may be given in open court. If notice in open court is not given to a party, that party shall be notified by mail of the time and place of any continued hearing.

All hearings may be conducted at any time or place within the limits of the county, and such cases may not be heard in conjunction with other business of any other division of the superior court. The general public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court. If a child resides in foster care or in the home of a relative pursuant to a disposition order entered under RCW 13.34.130, the court may allow the child's foster parent or relative care provider to attend dependency review proceedings pertaining to the child for the sole purpose of providing information about the child to the court.

Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200.

Sec. 8. RCW 13.34.120 and 1987 c 524 s 5 are each amended to read as follows:

(1) To aid the court in its decision on disposition, a social study, consisting of a written evaluation of matters relevant to the disposition of the case, shall be made by the person or agency filing the petition. The study shall include all social records and may also include facts relating to the child's cultural heritage, and shall be made available to the court. The court shall consider the social file ((and)), social study, guardian ad litem report, the court-appointed special advocates report, if any, and any reports filed by a party at the disposition hearing in addition to evidence produced at the fact-finding hearing. At least ten working days before the disposition hearing, the department shall mail to the parent and his or her attorney a copy of the agency's social study and proposed service plan, which shall be in writing or in a form understandable to the parents or custodians. In addition, the department shall provide an opportunity for parents to review and comment on the plan at the community service office. If the parents disagree with the agency's plan or any part thereof, the parents shall submit to the court at least twenty-four hours before the hearing, in writing, or signed oral statement, an alternative plan to correct the problems which led to the finding of dependency. This section shall not interfere with the right of the parents or custodians to submit oral arguments regarding the disposition plan at the hearing.

(2) In addition to the requirements set forth in subsection (1) of this section, a predisposition study to the court in cases of dependency alleged pursuant to RCW 13.34.030(2) (b) or (c) shall contain the following information:

(a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;

(b) A description of the specific programs, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such programs are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered;

(c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs which have been considered and rejected; and the parents' attitude toward placement of the child;

(d) A statement of the likely harms the child will suffer as a result of removal. This section should include an exploration of the nature of the parent-child attachment and the meaning of separation and loss to both the parents and the child;

(e) A description of the steps that will be taken to minimize harm to the child that may result if separation occurs; and

(f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.

Sec. 9. RCW 13.34.150 and 1990 c 246 s 6 are each amended to read as follows:

Any order made by the court in the case of a dependent child may be changed, modified, or set aside, only upon a showing of a change in circumstance or as provided in section 8 of this act.

Sec. 10. RCW 13.34.162 and 1988 c 275 s 15 are each amended to read as follows:

A determination of child support shall be based upon the child support schedule and standards ((adopted)) provided under chapter 26.19 RCW ((26.19.040)).

NEW SECTION. Sec. 11. A new section is added to chapter 26.44 RCW to read as follows:

(1) This chapter shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not injurious to the child's health, welfare, and safety.

(2) Nothing in this chapter may be used to prohibit the reasonable use of corporal punishment as a means of discipline.

(3) No parent or guardian may be deemed abusive or neglectful solely by reason of the parent's or child's blindness, deafness, developmental disability, or other handicap.

(4) A person reporting injury, abuse, or neglect to an adult dependent person shall not suffer negative consequences if the person reporting believes in good faith that the adult dependent person has been found legally incompetent or disabled.

Sec. 12. RCW 26.44.020 and 1988 c 142 s 1 are each amended to read as follows:

For the purpose of and as used in this chapter:

(1) "Court" means the superior court of the state of Washington, juvenile department.

(2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.

(3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice ((podiatry)) podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathy and surgery, or medicine and surgery or to provide other health services. The term "practitioner" shall include a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected person for the purposes of this chapter.

(4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.

(5) "Department" means the state department of social and health services.

(6) "Child" or "children" means any person under the age of eighteen years of age.

(7) "Professional school personnel" shall include, but not be limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.

(8) "Social service counselor" shall mean anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.

(9) "Psychologist" shall mean any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

(10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

(11) "Clergy" shall mean any regularly licensed or ordained minister, priest or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

(12) "((Child)) Abuse or neglect" shall mean the injury, sexual abuse, sexual exploitation, ((or)) negligent treatment, or maltreatment of a child, adult dependent, or developmentally disabled person by any person under circumstances which indicate that the child's or adult's health, welfare, and safety is harmed ((thereby)). An abused child is a child who has been subjected to child abuse or neglect as defined herein((: PROVIDED, That this subsection shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not proved to be injurious to the child's health, welfare, and safety: AND PROVIDED FURTHER, That nothing in this section shall be used to prohibit the reasonable use of corporal punishment as a means of discipline. No parent or guardian shall be deemed abusive or neglectful solely by reason of the parent's or child's blindness, deafness, developmental disability, or other handicap)).

(13) "Child protective services section" shall mean the child protective services section of the department.

(14) "Adult dependent persons ((not able to provide for their own protection through the criminal justice system))" shall be defined as those persons over the age of eighteen years who have been found to be legally incompetent or disabled pursuant to chapter 11.88 RCW ((or found disabled to such a degree pursuant to said chapter, that such protection is indicated: PROVIDED, That no persons reporting injury, abuse, or neglect to an adult dependent person as defined herein shall suffer negative consequences if such a judicial determination of incompetency or disability has not taken place and the person reporting believes in good faith that the adult dependent person has been found legally incompetent pursuant to chapter 11.88 RCW)).

(15) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child ((for commercial purposes as those acts are defined by state law)) by any person.

(16) "Negligent treatment or maltreatment" means an act or omission which evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety.

(17) "Developmentally disabled person" means a person who has a disability defined in RCW ((71.20.016)) 71A.10.020.

(18) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard the general welfare of such children and shall include investigations of child abuse and neglect reports, including reports regarding child care centers and family child care homes, and the development, management, and provision of or referral to services to ameliorate conditions which endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.

(19) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty.

Sec. 13. RCW 26.44.030 and 1991 c 111 s 1 are each amended to read as follows:

(1)(a) When any practitioner, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care providers or their employees, employee of the department, or juvenile probation officer has reasonable cause to believe that a child or adult dependent or developmentally disabled person, has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

(b) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child or adult dependent or developmentally disabled person, who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.

(c) The report shall be made at the first opportunity, but ; and in no case longer than forty-eight hours after there is reasonable cause to believe that the child or adult has suffered abuse or neglect. The report shall include the identity of the accused if known.

(2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children, dependent adults, or developmentally disabled persons are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section shall apply.

(3) Any other person who has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040.

(4) The department, upon receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to sexual abuse, shall report such incident to the proper law enforcement agency. In emergency cases, where the child, adult dependent, or developmentally disabled person's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report shall also be made to the proper law enforcement agency within five days thereafter.

(5) Any law enforcement agency receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child, adult dependent, or developmentally disabled person's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.

(6) Any county prosecutor or city attorney receiving a report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.

(7) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services or department case services for the developmentally disabled. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child or developmentally disabled person. Information considered privileged by statute and not directly related to reports required by this section shall not be divulged without a valid written waiver of the privilege.

(8) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.

(9) Persons or agencies exchanging information under subsection (7) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor.

(10) Upon receiving reports of abuse or neglect, the department or law enforcement agency may interview children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents. Parental notification of the interview shall occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation.

(11) Upon receiving a report of incidents, conditions, or circumstances of child abuse and neglect, the department shall have access to all relevant records of the child in the possession of mandated reporters and their employees.

(12) The department shall maintain investigation records and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a log of screened-out nonabusive cases.

(13) The department ((of social and health services)) shall((, within funds appropriated for this purpose,)) use a risk assessment ((tool)) process when investigating child abuse and neglect referrals. ((The tool shall be used, on a pilot basis, in three local office service areas.)) The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention.

The department shall provide annual reports to the ((ways and means)) appropriate committees of the senate and house of representatives on the ((use)) effectiveness of the ((tool by December 1, 1989. The report shall include recommendations on the continued use and possible expanded use of the tool)) risk assessment process.

(14) Upon receipt of ((such)) a report of abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting.

Sec. 14. RCW 26.44.040 and 1987 c 206 s 4 are each amended to read as follows:

An immediate oral report shall be made by telephone or otherwise to the proper law enforcement agency or the department of social and health services and, upon request, shall be followed by a report in writing. Such reports shall contain the following information, if known:

(1) The name, address, and age of the child or adult dependent or developmentally disabled person;

(2) The name and address of the child's parents, stepparents, guardians, or other persons having custody of the child or the residence of the adult dependent or developmentally disabled person;

(3) The nature and extent of the injury or injuries;

(4) The nature and extent of the neglect;

(5) The nature and extent of the sexual abuse;

(6) Any evidence of previous injuries, including their nature and extent; and

(7) Any other information which may be helpful in establishing the cause of the child's or adult dependent or developmentally disabled person's death, injury, or injuries and the identity of the alleged perpetrator or perpetrators.

Sec. 15. RCW 26.44.063 and 1988 c 190 s 3 are each amended to read as follows:

(1) It is the intent of the legislature to minimize trauma to a child involved in an allegation of sexual or physical abuse. The legislature declares that removing the child from the home often has the effect of further traumatizing the child. It is, therefore, the legislature's intent that the alleged offender, rather than the child, shall be removed from the home and that this should be done at the earliest possible point of intervention in accordance with RCW 10.31.100, 13.34.130, this section, and RCW 26.44.130.

(2) In any judicial proceeding in which it is alleged that a child has been subjected to sexual or physical abuse, if the court finds reasonable grounds to believe that an incident of sexual or physical abuse has occurred, the court may, on its own motion, or the motion of the guardian ad litem or other parties, issue a temporary restraining order or preliminary injunction restraining or enjoining the person accused of committing the abuse from:

(a) Molesting or disturbing the peace of the alleged victim;

(b) Entering the family home of the alleged victim except as specifically authorized by the court; or

(3) In issuing a temporary restraining order or preliminary injunction, the court may impose any additional restrictions that the court in its discretion determines are necessary to protect the child from further abuse or emotional trauma pending final resolution of the abuse allegations.

(4) The court shall issue a temporary restraining order prohibiting a person from entering the family home if the court finds that the order would eliminate the need for an out-of-home placement to protect the child's right to nurturance, health, and safety and is sufficient to protect the child from further sexual or physical abuse or coercion.

(5) The court may issue a temporary restraining order without requiring notice to the party to be restrained or other parties only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

(6) A temporary restraining order or preliminary injunction:

(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding; and

(b) May be revoked or modified.

(7) The person having physical custody of the child shall have an affirmative duty to assist in the enforcement of the restraining order including but not limited to a duty to notify the court as soon as practicable of any violation of the order, a duty to request the assistance of law enforcement officers to enforce the order, and a duty to notify the department of social and health services of any violation of the order as soon as practicable if the department is a party to the action. Failure by the custodial party to discharge these affirmative duties shall be subject to contempt proceedings.

(8) Willful violation of a court order entered under this section is a misdemeanor. A written order shall contain the court's directive and shall bear the legend: "Violation of this order with actual notice of its terms is a criminal offense under chapter 26.44 RCW, is also subject to contempt proceedings, and will subject a violator to arrest."

Sec. 16. RCW 26.44.067 and 1989 c 373 s 23 are each amended to read as follows:

(1) Any person having had actual notice of the existence of a restraining order issued by a court of competent jurisdiction pursuant to RCW 26.44.063 who refuses to comply with the provisions of such order ((when requested by any peace officer of the state)) shall be guilty of a misdemeanor.

(2) The notice requirements of subsection (1) of this section may be satisfied by the peace officer giving oral or written evidence to the person subject to the order by reading from or handing to that person a copy certified by a notary public or the clerk of the court to be an accurate copy of the original court order which is on file. The copy may be supplied by the court or any party.

(3) The remedies provided in this section shall not apply unless restraining orders subject to this section shall bear this legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.44 RCW AND IS ALSO SUBJECT TO CONTEMPT PROCEEDINGS.

(4) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule. No right of action shall accrue against any peace officer acting upon a properly certified copy of a court order lawful on its face if such officer employs otherwise lawful means to effect the arrest.

Sec. 17. RCW 26.44.100 and 1985 c 183 s 1 are each amended to read as follows:

The legislature finds parents and children often are not aware of their due process rights when agencies are investigating allegations of child abuse and neglect. The legislature reaffirms that all citizens, including parents, shall be afforded due process, that protection of children remains the priority of the legislature, and that this protection includes protecting the family unit from unnecessary disruption. To facilitate this goal, the legislature wishes to ensure that parents and children be advised in writing and orally, if feasible, of their basic rights and other specific information as set forth in this ((act)) chapter, provided that nothing contained in this ((act)) chapter shall cause any delay in protective custody action.

NEW SECTION. Sec. 18. A new section is added to chapter 26.44 RCW to read as follows:

(1) If a person who has unsupervised visitation rights with a minor child pursuant to a court order is accused of sexually or physically abusing a child and the alleged abuse has been reported to the proper authorities for investigation, the law enforcement officer conducting the investigation may file an affidavit with the prosecuting attorney stating that the person is currently under investigation for sexual or physical abuse of a child and that there is a risk of harm to the child if a temporary restraining order is not entered. Upon receipt of the affidavit, the prosecuting attorney shall determine whether there is a risk of harm to the child if a temporary restraining order is not entered. If the prosecutor determines there is a risk of harm, the prosecutor shall immediately file a motion for an order to show cause seeking to restrict visitation with the child, and seek a temporary restraining order. The restraining order shall be issued for up to ninety days or until the investigation has been concluded in favor of the alleged abuser, whichever is shorter.

(2) Willful violation of a court order entered under this section is a misdemeanor. The court order shall state: "Violation of this order is a criminal offense under chapter 26.44 RCW and will subject the violator to arrest.""

On page 1, line 1 of the title, after "children;" strike the remainder of the title and insert "amending RCW 13.34.145, 13.34.180, 13.34.190, 13.34.232, 13.34.110, 13.34.120, 13.34.150, 13.34.162, 26.44.020, 26.44.030, 26.44.040, 26.44.063, 26.44.067, and 26.44.100; adding new sections to chapter 13.34 RCW; adding new sections to chapter 26.44 RCW; and prescribing penalties.", and that the bill do pass as recommended by the Conference Committee.

Signed by: Senators Talmadge, Roach, Hargrove; Representatives Appelwick, Brough, Leonard.

MOTION

On motion of Senator Talmadge, the Report of the Conference Committee on Engrossed Substitute House Bill No. 1512 was adopted.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1512, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1512, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

Excused: Senators Haugen and Spanel - 2.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1512, 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.

SIGNED BY THE PRESIDENT

The President signed:

SENATE BILL NO. 5251,

SUBSTITUTE SENATE BILL NO. 5407,

SENATE BILL NO. 5638,

SUBSTITUTE SENATE BILL NO. 5704,

ENGROSSED SENATE BILL NO. 5745,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5815,

SECOND SUBSTITUTE SENATE BILL NO. 5836,

SENATE BILL NO. 5851,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5948,

SENATE BILL NO. 5977.

REPORT OF CONFERENCE COMMITTEE

EHB 1708 April 24, 1993

Includes "NEW ITEM": YES

Increasing the membership of the commission on student learning

MR. PRESIDENT:

MR. SPEAKER:

We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED HOUSE BILL NO. 1708, Student learning commission, have had the same under consideration and we recommend that:

The Senate Committee on Education amendment(s) adopted, as amended, on April 9, 1993, not be adopted, and that the following Conference Committee striking amendments be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28A.630.885 and 1992 c 141 s 202 are each amended to read as follows:

(((2))) (1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify what all students need to know and be able to do based on the student learning goals of the governor's council on education reform and funding, to develop student assessment and school accountability systems, and to take other steps necessary to develop a performance-based education system. The commission shall include three members of the state board of education, three members appointed by the governor before July 1, 1992, and ((three)) five members appointed no later than ((February)) June 1, 1993, by the governor elected in the November 1992 election. The governor shall appoint a chair from the commission members, and fill any vacancies of gubernatorial appointments that may occur. The state board of education shall fill any vacancies of state board of education appointments that may occur. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from state-wide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the cultural diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational restructuring, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.

(((3) The commission shall begin its substantive work subject to subsection (1) of this section.

(4))) (2) The commission shall establish technical advisory committees. Membership of the technical advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.

(((5))) (3) The commission, with the assistance of the technical advisory committees, shall:

(a) Identify what all elementary and secondary students need to know and be able to do. At a minimum, these essential academic learning requirements shall include reading, writing, speaking, science, history, geography, mathematics, and critical thinking. In developing these essential academic learning requirements, the commission shall incorporate the student learning goals identified by the council on education reform and funding;

(b) By December 1, 1995, present to the state board of education and superintendent of public instruction a state-wide academic assessment system for use in the elementary grades designed to determine if each student has mastered the essential academic learning requirements identified in (a) of this subsection. The academic assessment system shall include a variety of methodologies, including performance-based measures. The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who do not master the essential academic learning requirements. Mastery of each component of the essential academic learning requirements shall be required before students progress in subsequent components of the essential academic learning requirements. The state board of education and superintendent of public instruction shall implement the elementary academic assessment system beginning in the 1996-97 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. The state board of education and superintendent of public instruction may modify the academic assessment system, as needed, in subsequent school years;

(c) By December 1, 1996, present to the state board of education and superintendent of public instruction a state-wide academic assessment system for use in the secondary grades designed to determine if each student has mastered the essential academic learning requirements identified for secondary students in (a) of this subsection. The academic assessment system shall use a variety of methodologies, including performance-based measures, to determine if students have mastered the essential academic learning requirements, and shall lead to a certificate of mastery. The certificate of mastery shall be required for graduation. The assessment system shall be designed so that the results are used by educators to evaluate instructional practices, and to initiate appropriate educational support for students who do not master the essential academic learning requirements. The commission shall recommend to the state board of education whether the certificate of mastery should take the place of the graduation requirements or be required for graduation in addition to graduation requirements. The state board of education and superintendent of public instruction shall implement the secondary academic assessment system beginning in the 1997-98 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. The state board of education and superintendent of public instruction may modify the assessment system, as needed, in subsequent school years;

(d) Consider methods to address the unique needs of special education students when developing the assessments in (b) and (c) of this subsection;

(e) Develop strategies that will assist educators in helping students master the essential academic learning requirements;

(f) Establish a center the primary role of which is to plan, implement, and evaluate a high quality professional development process. The quality schools center shall: Have an advisory council composed of educators, parents, and community and business leaders; use best practices research regarding instruction, management, curriculum development, and assessment; coordinate its activities with the office of the superintendent of public instruction and the state board of education; employ and contract with individuals who have a commitment to quality reform; prepare a six-year plan to be updated every two years; and be able to accept resources and funding from private and public sources;

(g) Develop recommendations for the repeal or amendment of federal, state, and local laws, rules, budgetary language, regulations, and other factors that inhibit schools from adopting strategies designed to help students achieve the essential academic learning requirements;

(h) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential academic learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the elementary and secondary academic assessment systems during the 1995-97 biennium and beyond;

(i) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements that would assist schools in adopting strategies designed to help students achieve the essential academic learning requirements;

(j) By December 1, 1996, recommend to the legislature, state board of education, and superintendent of public instruction a state-wide accountability system to evaluate accurately and fairly the level of learning occurring in individual schools and school districts. The commission also shall recommend to the legislature steps that should be taken to assist school districts and schools in which learning is significantly below expected levels of performance as measured by the academic assessment systems established under this section;

(k) Report annually by December 1st to the legislature and the state board of education on the progress, findings, and recommendations of the commission; and

(l) Complete other tasks, as appropriate.

(((6))) (4) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.

(((7))) (5) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.

(((8))) (6) The commission shall select an entity to provide staff support and the office of financial management shall contract with that entity. The commission may direct the office of financial management to enter into subcontracts with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.

(((9))) (7) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

On page 1, line 1 of the title, after "learning;" strike the remainder of the title and insert "amending RCW 28A.630.885; and declaring an emergency.", and that the bill do pass as recommended by the Conference Committee.

Signed by: Senators Pelz, Hochstatter, McAuliffe; Representatives Dorn, Brough, Cothern.

MOTION

Senator Pelz moved that the Senate adopt the Report of the Conference Committee on Engrossed House Bill No. 1708.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Pelz that the Senate do adopt the Report of the Conference Committee on Engrossed House Bill No. 1708.

The motion by Senator Pelz carried and the Senate adopted the Report of the Conference Committee on Engrossed House Bill No. 1708.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1708, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 1708, 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 Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.

Voting nay: Senators Barr, Cantu and von Reichbauer - 3.

Excused: Senators Haugen and Spanel - 2.

ENGROSSED HOUSE BILL NO. 1708, 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.

REPORT OF CONFERENCE COMMITTEE

ESHB 1785 April 24, 1993

Includes "NEW ITEM": YES

Creating jobs to restore and enhance Washington's estuaries,

waterways, forests, and watersheds

MR. PRESIDENT:

MR. SPEAKER:

We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1785, Waterway/watershed restoratn, have had the same under consideration and we recommend that:

The Senate Committee on Trade, Technology and Economic Development striking amendment(s) adopted, as amended, on April 12, 1993, not be adopted, and that the following Conference Committee striking amendments be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. LEGISLATIVE FINDINGS. (1) The legislature finds that the long-term health of the economy of Washington state depends on the sustainable management of its natural resources. Washington's forests, estuaries, waterways, and watersheds provide a livelihood for thousands of citizens of Washington state and millions of dollars of income and tax revenues every year from forests, fisheries, shellfisheries, recreation, tourism, and other water-dependent industries.

(2) The legislature further finds that the livelihoods and revenues produced by Washington's forests, estuaries, waterways, and watersheds would be enhanced by immediate investments in clean water infrastructure and habitat restoration.

(3) The legislature further finds that an insufficiency in financial resources, especially in timber-dependent communities, has resulted in investments in clean water and habitat restoration too low to ensure the long-term economic and environmental health of Washington's forests, estuaries, waterways, and watersheds.

(4) The legislature further finds that unemployed workers and Washington's economically distressed communities, especially timber-dependent areas, can benefit from opportunities for employment in environmental restoration projects.

(5) The legislature therefore declares that immediate investments in a variety of environmental restoration projects, based on sound principles of watershed management and environmental and forest restoration, are necessary to rehabilitate damaged watersheds and to assist dislocated workers and the unemployed gain job skills necessary for long-term employment.

NEW SECTION. Sec. 2. PURPOSE AND INTENT--DEFINITIONS. (1) It is the intent of this chapter to provide financial resources to make substantial progress toward: (a) Implementing the Puget Sound water quality management plan and other watershed-based management strategies and plans; (b) ameliorating degradation to watersheds; and (c) keeping and creating stable, environmentally sound, good wage employment in Washington state. The legislature intends that employment under this chapter is not to result in the displacement or partial displacement, whether by the reduction of hours of nonovertime work, wages, or other employment benefits, of currently employed workers, including but not limited to state civil service employees, or of currently or normally contracted services.

(2) It is the purpose of this chapter to:

(a) Implement clean water, forest, and habitat restoration projects that will produce measurable improvements in water and habitat quality, that rate highly when existing environmental ranking systems are applied, and that provide economic stability.

(b) Facilitate the coordination and consistency of federal, state, tribal, local, and private water and habitat protection and enhancement programs in the state's watersheds.

(d) Provide immediate funding to create jobs and training for environmental restoration and enhancement jobs for unemployed workers and displaced workers in impact areas, especially timber-dependent communities.

(3) For purposes of this chapter "impact areas" means: (a) Distressed counties as defined in RCW 43.165.010(3)(a); (b) subcounty areas in those counties not covered under (a) of this subsection that are timber impact areas as defined in RCW 43.31.601; (c) urban subcounty areas as defined in RCW 43.165.010(3)(c); and (d) areas that the task force determines are likely to experience dislocations in the near future from downturns in natural resource-based industries.

(4) For purposes of this chapter, "high-risk youth" means youth eligible for Washington conservation corps programs under chapter 43.220 RCW or Washington service corps programs under chapter 50.65 RCW.

(5) For purposes of this chapter, "dislocated forest products worker" has the meaning set forth in RCW 50.70.010.

(6) For purposes of this chapter, "task force" means the environmental enhancement and job creation task force created under section 5 of this act.

NEW SECTION. Sec. 3. ENVIRONMENTAL AND FOREST RESTORATION ACCOUNT. (1) The environmental and forest restoration account is established in the state treasury. Money in the account may be spent only after appropriation by the legislature and in a manner consistent with this chapter. Private nonprofit organizations and state, local, and tribal entities are eligible for funds under this chapter. Money in the account may be used to make grants, loans, or interagency contracts as needed to implement environmental and forest restoration projects.

(2) For fiscal years 1994 through 1998, at least fifty percent of the funds in the environmental and forest restoration account shall be used for environmental restoration and enhancement projects in rural communities impacted by the decline in timber harvest levels as defined in chapter 50.70 RCW and that employ displaced timber workers. These projects may include watershed restoration such as removing or upgrading roads to reduce erosion and sedimentation, and improvements in forest habitat such as thinning and pruning. Beginning July 1, 1998, at least fifty percent of the funds in the environmental and forest restoration account shall be used for environmental restoration and enhancement projects in counties with unemployment rates above the state average.

(3) The environmental and forest restoration account shall consist of funds appropriated by law, principal and interest from the repayment of loans granted under this chapter, and federal and other money received by the state for deposit in the account.

(4) At least ten percent of the funds distributed from the environmental and forest restoration account annually shall be allocated to the Washington conservation corps established under chapter 43.220 RCW to employ high-risk youth on projects consistent with this chapter and to fund administrative support services required by the senior environmental corps established under chapter 43.63A RCW.

(5) At least five percent of the funds distributed from the environmental and forest restoration account annually shall be used for contracts with nonprofit corporations to fund or finance projects, including those that increase private sector investments in pollution prevention activities and equipment and that are consistent with the provisions of this section and section 4 of this act.

(6) No more than five percent of the annual revenues to the environmental and forest restoration account may be expended for administrative purposes by any state agency or project administration; however, funds expended by the Washington conservation corps shall be subject solely to the limitations set forth in RCW 43.220.230.

(7) Except for essential administrative and supervisory purposes, funds in the environmental and forest restoration account may not be used for hiring permanent state employees.

NEW SECTION. Sec. 4. GRANTS OR LOANS FOR ENVIRONMENTAL AND FOREST RESTORATION PROJECTS--CRITERIA. (1) Subject to the limitations of section 3 of this act, the task force shall award funds from the environmental and forest restoration account on a competitive basis. The task force shall evaluate and rate environmental enhancement and restoration project proposals using the following criteria:

(a) The ability of the project to produce measurable improvements in water and habitat quality;

(b) The cost-effectiveness of the project based on: (i) Projected costs and benefits of the project; (ii) past costs and environmental benefits of similar projects; and (iii) the ability of the project to achieve cost efficiencies through its design to meet multiple policy objectives;

(c) The inclusion of the project as a high priority in a federal, state, tribal, or local government plan relating to environmental or forest restoration, including but not limited to a local watershed action plan, storm water management plan, capital facility plan, growth management plan, or a flood control plan; or the ranking of the project by conservation districts as a high priority for water quality and habitat improvements;

(d) The number of jobs to be created by the project for dislocated forest products workers, high-risk youth, and residents of impact areas;

(e) Participation in the project by environmental businesses to provide training, cosponsor projects, and employ or jointly employ project participants;

(f) The ease with which the project can be administered from the community the project serves;

(g) The extent to which the project will either augment existing efforts by organizations and governmental entities involved in environmental and forest restoration in the community or receive matching funds, resources, or in-kind contributions; and

(h) The capacity of the project to produce jobs and job-related training that will pay market rate wages and impart marketable skills to workers hired under this chapter.

(2) The following types of projects and programs shall be given top priority in the first fiscal year after the effective date of this act:

(a) Projects that are highly ranked in and implement adopted or approved watershed action plans, such as those developed pursuant to Puget Sound water quality authority rules adopted for local planning and management of nonpoint source pollution;

(b) Conservation district projects that provide water quality and habitat improvements;

(d) Projects that implement actions approved by a shellfish protection district under chapter 100, Laws of 1992.

(3) Funds shall not be awarded for the following activities:

(a) Administrative rule making;

(b) Planning; or

NEW SECTION. Sec. 5. ENVIRONMENTAL ENHANCEMENT AND JOB CREATION TASK FORCE. (1) There is created the environmental enhancement and job creation task force within the office of the governor. The purpose of the task force is to provide a coordinated and comprehensive approach to implementation of chapter . . ., Laws of 1993 (this act). The task force shall consist of the commissioner of public lands, the director of the department of wildlife, the director of the department of fisheries, the director of the department of ecology, the director of the parks and recreation commission, the timber team coordinator, the executive director of the work force training and education coordinating board, and the executive director of the Puget sound water quality authority, or their designees. The task force may seek the advice of the following agencies and organizations: The department of community development, the department of trade and economic development, the conservation commission, the employment security department, the interagency committee for outdoor recreation, appropriate federal agencies, appropriate special districts, the Washington state association of counties, the association of Washington cities, labor organizations, business organizations, timber-dependent communities, environmental organizations, and Indian tribes. The governor shall appoint the task force chair. Members of the task force shall serve without additional pay. Participation in the work of the committee by agency members shall be considered in performance of their employment. The governor shall designate staff and administrative support to the task force and shall solicit the participation of agency personnel to assist the task force.

(2) The task force shall have the following responsibilities:

(a) Soliciting and evaluating, in accordance with the criteria set forth in section 4 of this act, requests for funds from the environmental and forest restoration account and making distributions from the account. The task force shall award funds for projects and training programs it approves and may allocate the funds to state agencies for disbursement and contract administration;

(b) Coordinating a process to assist state agencies and local governments to implement effective environmental and forest restoration projects funded under this chapter;

(d) No later than December 31, 1993, providing recommendations to the appropriate standing committees of the legislature for improving the administration of grants for projects or training programs funded under this chapter that prevent habitat and environmental degradation or provide for its restoration;

(e) Submitting to the appropriate standing committees of the legislature a biennial report summarizing the jobs and the environmental benefits created by the projects funded under this chapter.

(3) Beginning July 1, 1994, the task force shall have the following responsibilities:

(a) To solicit and evaluate proposals from state and local agencies, private nonprofit organizations, and tribes for environmental and forest restoration projects;

(b) To rank the proposals based on criteria developed by the task force in accordance with section 4 of this act; and

(c) To determine funding allocations for projects to be funded from the account created in section 3 of this act and for projects or programs as designated in the omnibus operating and capital appropriations acts.

NEW SECTION. Sec. 6. FIRST YEAR PROJECT FUNDING. The legislature recognizes the need for immediate job creation and environmental and forest restoration, especially in timber-dependent communities. For fiscal year 1994, funding to implement the purposes of this chapter shall be provided through individual agency appropriations as specified in the omnibus operating and capital appropriations acts.

NEW SECTION. Sec. 7. UNANTICIPATED FEDERAL FUNDS. When an agency submits an unanticipated federal receipt under RCW 43.79.270, the governor shall consider placing these funds into the environmental and forest restoration account or requiring that the funds be used in a manner consistent with the criteria established in section 4 of this act.

NEW SECTION. Sec. 8. RECRUITMENT AND EMPLOYMENT. (1) Eligibility for training or employment in projects funded through the environmental and forest restoration account shall, to the extent practicable, be for workers who are currently unemployed.

(2) To the greatest extent practicable, the following groups of individuals shall be given preference for training or employment in projects funded through the environmental and forest restoration account:

(a) Dislocated workers who are receiving unemployment benefits or have exhausted unemployment benefits; and

(b) High-risk youth.

(3) Projects funded for forest restoration shall be for workers whose employment was terminated in the Washington forest products industry within the previous four years.

(4) The task force shall submit a list to private industry councils and the employment security department of projects receiving funds under the provisions of this chapter. The list shall include the number, location, and types of jobs expected to be provided by each project. The employment security department shall recruit workers for these jobs by:

(a) Notifying dislocated forest workers who meet the definitions in chapter 50.70 RCW, who are receiving unemployment benefits or who have exhausted unemployment benefits, of their eligibility for the programs;

(b) Notifying other unemployed workers;

(d) Establishing procedures for workers to apply to the programs.

(5) The employment security department shall refer eligible workers to employers hiring under the environmental and forest restoration account programs. Recipients of funds shall consider the list of eligible workers developed by the employment security department before conducting interviews or making hiring decisions. Recipients of funds shall ensure that workers are aware of whatever opportunities for vocational training, job placement, and remedial education are available from the employment security department.

(6) An individual is eligible for applicable employment security benefits while participating in training related to this chapter. Eligibility shall be confirmed by the commissioner of employment security by submitting a commissioner-approved training waiver.

(7) Persons receiving funds from the environmental and forest restoration account shall not be considered state employees for the purposes of existing provisions of law with respect to hours of work, sick leave, vacation, and civil service but shall receive health benefits. Persons receiving funds from this account who are hired by a state agency, except for Washington conservation and service corps enrollees, shall receive medical and dental benefits as provided under chapter 41.05 RCW and industrial insurance coverage under Title 51 RCW, but are exempt from the provisions of chapter 41.06 RCW.

(8) Compensation for employees, except for Washington conservation and service corps enrollees, hired under the program established by this chapter shall be based on market rates in accordance with the required skill and complexity of the jobs created. Remuneration paid to employees under this chapter shall be considered covered employment for purposes of chapter 50.04 RCW.

(9) Employment under this program shall not result in the displacement or partial displacement, whether by the reduction of hours of nonovertime work, wages, or other employment benefits, of currently employed workers, including but not limited to state civil service employees, or of currently or normally contracted services.

NEW SECTION. Sec. 9. An individual shall be considered to be in training with the approval of the commissioner as defined in RCW 50.20.043, and be eligible for applicable unemployment insurance benefits while participating in and making satisfactory progress in training related to this chapter.

NEW SECTION. Sec. 10. For the purpose of providing the protection of the unemployment compensation system to individuals at the conclusion of training or employment obtained as a result of this chapter, a special base year and benefit year are established.

(1) Only individuals who have entered training or employment provided by the environmental and forest restoration account, and whose employment or training under such account was not considered covered under chapter 50.04 RCW, shall be allowed the special benefit provisions of this chapter.

(2) An application for initial determination made under this chapter must be filed in writing with the employment security department within twenty-six weeks following the week in which the individual commenced employment or training obtained as a result of this chapter. Notice from the individual, from the employing entity, or notice of hire from employment security department administrative records shall satisfy this requirement.

(3) For the purpose of this chapter, a special base year is established for an individual consisting of the first four of the last five completed calendar quarters, or if a benefit year is not established using the first four of the last five completed calendar quarters as the base year, the last four completed calendar quarters immediately prior to the first day of the calendar week in which the individual began employment or training provided by the environmental and forest restoration account.

(4) A special individual benefit year is established consisting of the entire period of training or employment provided by the environmental and forest restoration account and a fifty-two consecutive week period commencing with the first day of the calendar week in which the individual last participated in such employment or training. No special benefit year shall have a duration in excess of three hundred twelve calendar weeks. Such special benefit year will not be established unless the criteria contained in RCW 50.04.030 has been met, except that an individual meeting the requirements of this chapter and who has an unexpired benefit year established which would overlap the special benefit year may elect to establish a special benefit year under this chapter, notwithstanding the provisions in RCW 50.04.030 relating to establishment of a subsequent benefit year, and RCW 50.40.010 relating to waiver of rights. Such unexpired benefit year shall be terminated with the beginning of the special benefit year if the individual elects to establish a special benefit year under this chapter.

(5) The individual's weekly benefit amount and maximum amount payable during the special benefit year shall be governed by the provisions contained in RCW 50.20.120. The individual's basic and continuing right to benefits shall be governed by the general laws and rules relating to the payment of unemployment compensation benefits to the extent that they are not in conflict with the provisions of this chapter.

(6) The fact that wages, hours, or weeks worked during the special base year may have been used in computation of a prior valid claim for unemployment compensation shall not affect a claim for benefits made under the provisions of this chapter. However, wages, hours, and weeks worked used in computing entitlement on a claim filed under this chapter shall not be available or used for establishing entitlement or amount of benefits in any succeeding benefit year.

(7) Benefits paid to an individual filing under the provisions of this section shall not be charged to the experience rating account of any contribution paying employer.

NEW SECTION. Sec. 11. On or before June 30, 1998, the legislative budget committee shall prepare a report to the legislature evaluating the implementation of the environmental restoration jobs act of 1993, chapter . . , Laws of 1993 (this act).

NEW SECTION. Sec. 12. RCW 43.220.900 and 1987 c 367 s 5 & 1983 1st ex.s. c 40 s 22 are each repealed.

NEW SECTION. Sec. 13. A new section is added to chapter 43.131 RCW to read as follows:

The Washington conservation corps and its powers and duties shall be terminated on June 30, 1999, as provided in section 14 of this act.

NEW SECTION. Sec. 14. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2000:

(1) RCW 43.220.010 and 1983 1st ex.s. c 40 s 2;

(2) RCW 43.220.020 and 1988 c 36 s 23 & 1983 1st ex.s. c 40 s 1;

(3) RCW 43.220.030 and 1987 c 367 s 1 & 1983 1st ex.s. c 40 s 3;

(4) RCW 43.220.040 and 1987 c 367 s 2 & 1983 1st ex.s. c 40 s 4;

(5) RCW 43.220.050 and 1983 1st ex.s. c 40 s 5;

(6) RCW 43.220.060 and 1987 c 505 s 44 & 1983 1st ex.s. c 40 s 6;

(7) RCW 43.220.070 and 1990 c 71 s 2, 1988 c 78 s 1, & 1986 c 266 s 48;

(8) RCW 43.220.080 and 1983 1st ex.s. c 40 s 8;

(9) RCW 43.220.090 and 1983 1st ex.s. c 40 s 9;

(10) RCW 43.220.120 and 1988 c 36 s 24 & 1983 1st ex.s. c 40 s 12;

(11) RCW 43.220.130 and 1983 1st ex.s. c 40 s 13;

(12) RCW 43.220.140 and 1983 1st ex.s. c 40 s 14;

(13) RCW 43.220.150 and 1983 1st ex.s. c 40 s 15;

(14) RCW 43.220.160 and 1983 1st ex.s. c 40 s 16;

(15) RCW 43.220.170 and 1983 1st ex.s. c 40 s 17;

(16) RCW 43.220.180 and 1983 1st ex.s. c 40 s 18;

(17) RCW 43.220.190 and 1987 c 367 s 3 & 1983 1st ex.s. c 40 s 20;

(18) RCW 43.220.210 and 1987 c 367 s 4 & 1985 c 230 s 1;

(19) RCW 43.220.220 and 1985 c 230 s 2;

(20) RCW 43.220.230 and 1990 c 71 s 3 & 1985 c 230 s 3;

(21) RCW 43.220.240 and 1985 c 230 s 4; and

(22) RCW 43.220.250 and 1985 c 230 s 5.

NEW SECTION. Sec. 15. SHORT TITLE. This act shall be known as the environmental restoration jobs act of 1993.

NEW SECTION. Sec. 16. CAPTIONS AND PART HEADINGS. Section captions and part headings as used in this act constitute no part of the law.

NEW SECTION. Sec. 17. SEVERABILITY. 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. 18. Sections 1 through 11 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 19. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.

NEW SECTION. Sec. 20. EFFECTIVE DATE. 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 page 1, line 2 of the title, after "watersheds;" strike the remainder of the title and insert "adding new sections to chapter 43.131 RCW; adding a new chapter to Title 43 RCW; creating new sections; repealing RCW 43.220.900; providing an effective date; and declaring an emergency.", and that the bill do pass as recommended by the Conference Committee.

Signed by: Senators Fraser, Barr, Skratek; Representatives Rust, Horn, Kohl.

MOTION

Senator Fraser moved that the Senate adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1785.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Fraser that the Senate do adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1785.

The motion by Senator Fraser carried and the Senate adopted the Report of the Conference Committee on Engrossed Substitute House Bill No. 1785.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1785, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1785, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Haugen and Spanel - 2.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1785, 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.

MOTION

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

MOTION

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

SENATE RESOLUTION 1993-8647

By Senators Sutherland and Bauer

WHEREAS, The Phi Rho Pi speech and debate competition traditionally showcases exceptional talent from community colleges across the nation; and

WHEREAS, The Phi Rho Pi is the largest forensic competition in the nation with over sixty colleges and six hundred participants; and

WHEREAS, The Clark College Penguins have an outstanding academic and athletic tradition; and

WHEREAS, The Penguins capped an exceptional forensic season by winning first in the nation in the individual speaking and debate competitions; and

WHEREAS, Team members Kim Triplett, Jeff Markle, Jennifer Close, Bill Knight, and Beth Huston showed their mastery of issues and the English language by winning numerous individual awards; and

WHEREAS, Coach Orv Iverson received the Distinguished Service Award for his contributions to forensic competition and his notable coaching ability;

NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize the outstanding accomplishments of the Clark College Forensics Team; and

BE IT FURTHER RESOLVED, That the Senate also recognize and applaud the leadership of Coaches Orv Iverson and Roxane Sutherland and Clark College President Dr. Joe Johnson; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Penguins Coaches, Orv Iverson and Roxane Sutherland, Clark College President Dr. Joe Johnson, and to the Student Body President at Clark College.

Senators Sutherland and Bauer spoke to Senate Resolution 1993-8647.

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

MESSAGE FROM THE HOUSE

April 24, 1993

MR. PRESIDENT:

The House receded from its amendment to page 5, line 34, to SENATE BILL NO. 5474, and has passed the bill without said amendment, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5474, without the House amendment on page 5, line 34, but with the House amendments on page 3, line 32; page 6, line 15; and page 18, line 8.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5474, without the House amendment on page 5, line 34, but with the House amendments on page 3, line 32; page 6, line 15; and page 18, line 8; and the bill failed to pass the Senate by the following vote: Yeas, 19; Nays, 28; Absent, 0; Excused, 2.

Voting yea: Senators Drew, Franklin, Fraser, Gaspard, Jesernig, McCaslin, Moore, Moyer, Nelson, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Talmadge, Vognild and von Reichbauer - 19.

Voting nay: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Hargrove, Hochstatter, Loveland, McAuliffe, McDonald, Newhouse, Niemi, Oke, Owen, Prince, Roach, Sellar, Smith, A., Smith, L., Snyder, Sutherland, West, Williams, Winsley and Wojahn - 28.

Excused: Senators Haugen and Spanel - 2.

SENATE BILL NO. 5474, without the House amendment on page 5, line 34, but with the House amendments on page 3, line 32; page 6, line 15; and page 18, line 8, having failed to receive the constitutional majority, was declared lost.

NOTICE FOR RECONSIDERATION

Senator Adam Smith, having voted on the prevailing side, served notice that he would move to reconsider the vote by which Senate Bill No. 5474, without the House amendment on page 5, line 34, but with the House amendments on page 3, line 32; page 6, line 15; and page 18, line 8; failed to pass the Senate.

There being no objection, the Senate resumed consideration of Engrossed Senate Bill No. 5720, as amended by the House, deferred earlier today.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5720, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5720, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Jesernig, Loveland, McAuliffe, Moore, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 28.

Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Prince, Roach, Sellar, Smith, L., von Reichbauer and West - 19.

Excused: Senators Haugen and Spanel - 2.

ENGROSSED SENATE BILL NO. 5720, 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 24, 1993

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 5971 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28A.235.140 and 1989 c 239 s 2 are each amended to read as follows:

(1) For the purposes of this section:

(a) "Free or reduced-price lunches" means lunches served by a school district that qualify for federal reimbursement as free or reduced-price lunches under the national school lunch program.

(b) "School breakfast program" means a program meeting federal requirements defined in 42 U.S.C. Sec. 1773.

(c) "Severe-need school" means a school that qualifies for a severe-need school reimbursement rate from federal funds for school breakfasts served to children from low-income families.

(2) School districts shall be required to develop and implement plans for a school breakfast program in severe-need schools, pursuant to the schedule in this section. For the second year prior to the implementation of the district's school breakfast program, and for each subsequent school year, each school district shall submit data enabling the superintendent of public instruction to determine which schools within the district will qualify as severe-need schools. In developing its plan, each school district shall consult with an advisory committee including school staff and community members appointed by the board of directors of the district.

(3) Using district-wide data on school lunch participation during the 1988-89 school year, the superintendent of public instruction shall adopt a schedule for implementation of school breakfast programs in severe-need schools as follows:

(a) School districts where at least forty percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1990. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1990-91 school year and in each school year thereafter.

(b) School districts where at least twenty-five but less than forty percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1991. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1991-92 school year and in each school year thereafter.

(c) School districts where less than twenty-five percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1992. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1992-93 school year and in each school year thereafter.

(d) School districts that did not offer a school lunch program in the 1988-89 school year are encouraged to implement such a program and to provide a school breakfast program in all severe-need schools when eligible.

(4) The requirements in this section shall lapse if the federal reimbursement rate for breakfasts served in severe-need schools is eliminated.

(5) Students who do not meet family-income criteria for free breakfasts shall be eligible to participate in the school breakfast programs established under this section, and school districts may charge for the breakfasts served to these students. Requirements that school districts have school breakfast programs ((established)) under this section ((shall be supported entirely by federal funds and commodities, charges to students, and other local resources available for this purpose, and)) shall not create or imply any state funding obligation for these costs. The legislature does not intend to include these programs within the state's obligation for basic education funding under Article IX of the Constitution.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.235 RCW to read as follows:

State funds received by school districts under this chapter for school breakfast and lunch programs shall be used to support the operating costs of the program, including labor, unless specific appropriations for nonoperating costs are provided.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.235 RCW to read as follows:

(1) To the extent funds are appropriated, the superintendent of public instruction may award grants to school districts to increase participation in school breakfast and lunch programs, to improve program quality, and to improve the equipment and facilities used in the programs. School districts shall demonstrate that they have applied for applicable federal funds before applying for funds under this subsection.

(2) To the extent funds are appropriated, the superintendent of public instruction shall increase the state support for school breakfasts and lunches.

NEW SECTION. Sec. 4. A new section is added to chapter 28A.235 RCW to read as follows:

(1) The superintendent of public instruction shall administer funds for the federal summer food service program.

(2) The superintendent of public instruction may award grants, to the extent funds are appropriated, to eligible organizations to help start new summer food service programs for children or to help expand summer food services for children.

Sec. 5. RCW 28A.235.100 and 1990 c 33 s 245 are each amended to read as follows:

The superintendent of public instruction shall have power to ((promulgate)) adopt rules ((and regulations)) as may be necessary to effectuate the purposes of ((RCW 28A.235.040 through 28A.235.110)) this chapter.

NEW SECTION. Sec. 6. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act, this act is null and void.", and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk

MOTION

Senator Pelz moved that the Senate concur in the House amendment to Substitute Senate Bill No. 5971.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Pelz that the Senate do concur in the House amendment to Substitute Senate Bill No. 5971.

The motion by Senator Pelz carried on a rising vote and the Senate concurred in the House amendment to Substitute Senate Bill No. 5971.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5971, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5971, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 31; Nays, 15; Absent, 1; Excused, 2.

Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Smith, A., Snyder and Winsley - 31.

Voting nay: Senators Amondson, Barr, Erwin, Franklin, McCaslin, Moore, Niemi, Skratek, Smith, L., Sutherland, Talmadge, Vognild, von Reichbauer, Williams and Wojahn - 15.

Absent: Senator West - 1.

Excused: Senators Haugen and Spanel - 2.

SUBSTITUTE SENATE BILL NO. 5971, 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 24, 1993

MR. PRESIDENT:

The House has passed ENGROSSED SENATE BILL NO. 5978 with the following amendment(s):

On page 2, line 12, after "July 1," strike "1997" and insert "1995"

On page 2, line 14, after ((1993)) strike "1997" and insert "1995", and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk

MOTION

Senator Vognild moved that the Senate concur in the House amendments to Engrossed Senate Bill No. 5978.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Vognild that the Senate do concur in the House amendments to Engrossed Senate Bill No. 5978.

The motion by Senator Vognild carried and the Senate concurred in the House amendments to Engrossed Senate Bill No. 5978.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5978, as amended by the House.

Debate ensued.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5978, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Williams and Wojahn - 25.

Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., Vognild, von Reichbauer, West and Winsley - 22.

Excused: Senators Haugen and Spanel - 2.

ENGROSSED SENATE BILL NO. 5978, 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 24, 1993

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5981 with the following amendment(s):

On page 11, line 9, after "applications" insert "or notifications"

On page 11, line 11, after "dollars for" strike all material through "WAC 222-16-050." on line 12 and insert "class IV forest practices applications on lands being converted to other uses or on lands which are not to be reforested because of the likelihood of future conversion to urban development.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Owen, the Senate concurred in the House amendments to Engrossed Substitute Senate Bill No. 5981.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5981, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5981, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Hargrove, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild, West, Winsley and Wojahn - 28.

Voting nay: Senators Amondson, Anderson, Barr, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer and Williams - 19.

Excused: Senators Haugen and Spanel - 2.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5981, 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 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on SUBSTITUTE HOUSE BILL NO. 1855 and has passed the bill as recommended by the Conference Committee.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1209 and has passed the bill as recommended by the Conference Committee.

ALAN THOMPSON, Chief Clerk

REPORT OF CONFERENCE COMMITTEE

ESHB 1529 April 24, 1993

Includes "NEW ITEM": YES

Reauthorizing certain timber programs

MR. PRESIDENT:

MR. SPEAKER:

We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1529, Timber programs reauthorized, have had the same under consideration and we recommend that:

The Senate Committee on Trade, Technology and Economic Development striking amendment(s) adopted on April 8, 1993, not be adopted, and that the following Conference Committee striking amendments be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 43.31.611 and 1991 c 314 s 3 are each amended to read as follows:

(1) The governor shall appoint a timber recovery coordinator. The coordinator shall coordinate the state and federal economic and social programs targeted to timber impact areas.

(2) The coordinator's responsibilities shall include but not be limited to:

(a) Serving as executive secretary of the economic recovery coordination board and directing staff associated with the board.

(b) Chairing the agency timber task force and directing staff associated with the task force.

(d) Coordinating and expediting programs to assist timber impact areas.

(e) Providing the legislature with a status and impact report on the timber recovery program in January 1992.

(3) This section shall expire June 30, ((1993)) 1995.

Sec. 2. RCW 43.31.621 and 1991 c 314 s 4 are each amended to read as follows:

(1) There is established the agency timber task force. The task force shall be chaired by the timber recovery coordinator. It shall be the responsibility of the coordinator that all directives of chapter 314, Laws of 1991 are carried out expeditiously by the agencies represented in the task force. The task force shall consist of the directors, or representatives of the directors, of the following agencies: The department of trade and economic development, department of community development, employment security department, department of social and health services, state board for community and technical colleges ((education)), state ((board for vocational education)) work force training and education coordinating board, or its replacement entity, department of natural resources, department of transportation, state energy office, department of wildlife, University of Washington center for international trade in forest products, and department of ecology. The task force may consult and enlist the assistance of the following: The higher education coordinating board, University of Washington college of forest resources, Washington State University school of forestry, Northwest policy center, state superintendent of public instruction, the Evergreen partnership, Washington association of counties, and rural development council.

(2) This section shall expire June 30, ((1993)) 1995.

Sec. 3. RCW 43.31.631 and 1991 c 314 s 6 are each amended to read as follows:

(1) There is established the economic recovery coordination board consisting of one representative, appointed by the governor, from each county that is a timber impact area. The timber recovery coordinator shall also be a member of the board. Each associate development organization from counties that are timber impact areas, in consultation with the county legislative authority, shall submit to the governor the names of three nominees representing different interests in each county. Within sixty days after July 28, 1991, the governor shall select one nominee from each list submitted by associate development organizations. In making the appointments, the governor shall endeavor to ensure that the board represents a diversity of backgrounds. Vacancies shall be filled in the same manner as the original appointment.

(2) The board shall:

(a) Advise the timber recovery coordinator and the agency timber task force on issues relating to timber impact area economic and social development, and review and provide recommendations on proposals for the diversification of the timber impact areas presented to it by the timber recovery coordinator.

(b) Respond to the needs and concerns of citizens at the local level.

(d) Provide recommendations to the governor, the legislature, and congress on land management and economic and regulatory policies that affect timber impact areas.

(e) Recommend to the legislature any changes or improvements in existing programs designed to benefit timber impact areas.

(3) Members of the board and committees shall receive no compensation but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

(4) This section shall expire June 30, ((1993)) 1995.

Sec. 4. RCW 43.160.200 and 1991 c 314 s 23 are each amended to read as follows:

(1) The economic development account is created within the public facilities construction loan revolving fund under RCW 43.160.080. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of RCW 43.160.010(4) and this section. The account is subject to allotment procedures under chapter 43.88 RCW.

(2) Applications under this section for assistance from the economic development account are subject to all of the applicable criteria set forth under this chapter, as well as procedures and criteria established by the board, except as otherwise provided.

(3) Eligible applicants under this section are limited to political subdivisions of the state in timber impact areas that demonstrate, to the satisfaction of the board, the local economy's dependence on the forest products industry.

(4) Applicants must demonstrate that their request is part of an economic development plan consistent with applicable state planning requirements. Applicants must demonstrate that tourism projects have been approved by the local government and are part of a regional tourism plan approved by the local and regional tourism organizations. Industrial projects must be approved by the local government and the associate development organization.

(5) Publicly owned projects may be financed under this section upon proof by the applicant that the public project is a necessary component of, or constitutes in whole, a tourism project.

(6) Applications must demonstrate local match and participation. Such match may include: Land donation, other public or private funds or both, or other means of local commitment to the project.

(7) Board financing for feasibility studies shall not exceed twenty-five thousand dollars per study. Board funds for feasibility studies may be provided as a grant and require a dollar for dollar match with up to one-half in-kind match allowed.

(8) Board financing for tourism projects shall not exceed two hundred fifty thousand dollars. Other public facility projects under this section shall not exceed five hundred thousand dollars. Loans with flexible terms and conditions to meet the needs of the applicants shall be provided. Grants may also be authorized, but only when, and to the extent that, a loan is not reasonably possible, given the limited resources of the political subdivision.

(9) The board shall develop guidelines for allowable local match and feasibility studies.

(10) Applications under this section need not demonstrate evidence that specific private development or expansion is ready to occur or will occur if funds are provided.

(11) The board shall establish guidelines for making grants and loans under this section to ensure that the requirements of this chapter are complied with. The guidelines shall include:

(a) A process to equitably compare and evaluate applications from competing communities.

(b) Criteria to ensure that approved projects will have a high probability of success and are likely to provide long-term economic benefits to the community. The criteria shall include: (i) A minimum amount of local participation, determined by the board per application, to verify community support for the project; (ii) an analysis that establishes the project is feasible using standard economic principles; and (iii) an explanation from the applicant regarding how the project is consistent with the communities' economic strategy and goals.

(c) A method of evaluating the impact of the loans or grants on the economy of the community and whether the loans or grants achieved their purpose.

(12) Cities and counties otherwise eligible under and in compliance with this section are authorized to use the loans or grants for buildings and structures.

Sec. 5. 1991 c 314 s 26 (uncodified) is amended to read as follows:

(1) For the period beginning July 1, 1991, and ending June 30, ((1993)) 1995, in timber impact areas the public works board may award low-interest or interest-free loans to local governments for construction of new public works facilities that stimulate economic growth or diversification.

(2) For the purposes of this section and section 27 of this act:

(a) "Public facilities" means bridge, road and street, domestic water, sanitary sewer, and storm sewer systems.

(b) "Timber impact area" means a county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and meeting two of the following three criteria, as determined by the employment security department, for the most recent year such data is available: (i) A lumber and wood products employment location quotient at or above the state average; (ii) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (iii) an annual unemployment rate twenty percent or more above the state average.

(3) The loans may have a deferred payment of up to five years but shall be repaid within twenty years. The public works board may require other terms and conditions and may charge such rates of interest on its loans as it deems appropriate to carry out the purposes of this section. Repayments shall be made to the public works assistance account.

(4) The board may make such loans irrespective of the annual loan cycle and reporting required in RCW 43.155.070.

Sec. 6. 1991 c 314 s 32 (uncodified) is amended to read as follows:

RCW 43.160.076 and 1991 c 314 s 24 and 1985 c 446 s 6 are each repealed effective June 30, ((1993)) 1995.

Sec. 7. 1991 c 314 s 33 (uncodified) is amended to read as follows:

RCW 43.160.200 expires June 30, ((1993)) 1995.

Sec. 8. 1991 c 314 s 34 (uncodified) is amended to read as follows:

((Section 25 of this act)) RCW 43.160.210 shall take effect July 1, ((1993)) 1995.

Sec. 9. 1991 c 315 s 2 (uncodified) is amended to read as follows:

(1) Coordination of the programs in this act shall be through the economic recovery coordination board created in RCW 43.31.631, the timber recovery coordinator created in RCW 43.31.611, and the agency timber task force created in RCW 43.31.621.

(2) This section shall expire June 30, ((1993)) 1995.

Sec. 10. RCW 50.22.090 and 1992 c 47 s 2 are each amended to read as follows:

(1) An additional benefit period is established for counties identified under subsection (2) of this section beginning on the first Sunday after July 1, 1991, and for the forest products industry beginning with the third week after the first Sunday after July 1, 1991. Benefits shall be paid as provided in subsection (3) of this section to exhaustees eligible under subsection (4) of this section.

(2) The additional benefit period applies to counties having a population of less than five hundred thousand beginning with the third week after a week in which the commissioner determines that a county meets two of the following three criteria, as determined by the department, for the most recent year in which such data is available: (a) A lumber and wood products employment location quotient at or above the state average; (b) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (c) an annual unemployment rate twenty percent or more above the state average. The additional benefit period for a county may end no sooner than fifty-two weeks after the additional benefit period begins.

(3) Additional benefits shall be paid as follows:

(a) No new claims for additional benefits shall be accepted for weeks beginning after July ((3)) 1, ((1993)) 1995, but for claims established on or before July ((3)) 1, ((1993)) 1995, weeks of unemployment occurring after July ((3)) 1, ((1993)) 1995, shall be compensated as provided in this section.

(b) The total additional benefit amount shall be ((fifty-two)) one hundred four times the individual's weekly benefit amount, reduced by the total amount of regular benefits and extended benefits paid, or deemed paid, with respect to the benefit year. Additional benefits shall not be payable for weeks more than ((one)) two years beyond the end of the benefit year of the regular claim for an individual whose benefit year ends on or after July 27, 1991, and shall not be payable for weeks ending on or after ((one)) two years after March 26, 1992, for individuals who become eligible as a result of chapter 47, Laws of 1992((, and shall be payable for up to five weeks following the completion of the training required by this section)).

(c) Notwithstanding the provisions of (b) of this subsection, individuals will be entitled to up to five additional weeks of benefits following the completion or termination of training.

(d) The weekly benefit amount shall be calculated as specified in RCW 50.22.040.

(((d))) (e) Benefits paid under this section shall be paid under the same terms and conditions as regular benefits and shall not be charged to the experience rating account of individual employers. The additional benefit period shall be suspended with the start of an extended benefit period, or any totally federally funded benefit program, with eligibility criteria and benefits comparable to the program established by this section, and shall resume the first week following the end of the federal program.

(f) The amendments in chapter . . ., Laws of 1993 (this act) affecting subsection (3) (b) and (c) of this section shall apply in the case of all individuals determined to be monetarily eligible under this section without regard to the date eligibility was determined.

(4) An additional benefit eligibility period is established for any exhaustee who:

(a)(i) At the time of last separation from employment, resided in or was employed in a county identified under subsection (2) of this section; or

(ii) During his or her base year, earned wages in at least six hundred eighty hours in the forest products industry, which shall be determined by the department but shall include the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment. The commissioner may adopt rules further interpreting the industries covered under this subsection. For the purposes of this subsection, "standard industrial classification code" means the code identified in RCW 50.29.025(6)(c); and

(b)(i) Has received notice of termination or layoff; and

(ii) Is unlikely to return to employment in his or her principal occupation or previous industry because of a diminishing demand within his or her labor market for his or her skills in the occupation or industry; and

(c)(i)(A) Is notified by the department of the requirements of this section and develops an individual training program that is submitted to the commissioner for approval not later than sixty days after the individual is notified of the requirements of this section, and enters the approved training program not later than ninety days after the date of the individual's termination or layoff, or ninety days after July 1, 1991, whichever is later, unless the department determines that the training is not available during the ninety-day period, in which case the individual shall enter training as soon as it is available; or

(B) Is unemployed as the result of a plant closure that occurs after November 1, 1992, in a county identified under subsection (2) of this section, did not comply with the requirements of (c)(i)(A) of this subsection due to good cause as demonstrated to the department, such as ambiguity over possible sale of the plant, develops a training program that is submitted to the commissioner for approval not later than sixty days from a date determined by the department to accommodate the good cause, and enters the approved training program not later than ninety days after the revised date established by the department, unless the department determines that the training is not available during the ninety-day period, in which case the individual shall enter training as soon as it is available; or

(ii) Is enrolled in training approved under this section on a full-time basis and maintains satisfactory progress in the training; and

(d) Does not receive a training allowance or stipend under the provisions of any federal or state law.

(5) For the purposes of this section:

(a) "Training program" means:

(i) A remedial education program determined to be necessary after counseling at the educational institution in which the individual enrolls pursuant to his or her approved training program; or

(ii) A vocational training program at an educational institution that:

(A) Is training for a labor demand occupation;

(B) Is likely to facilitate a substantial enhancement of the individual's marketable skills and earning power; and

(C) Does not include on-the-job training or other training under which the individual is paid by an employer for work performed by the individual during the time that the individual receives additional benefits under subsection (1) of this section.

(b) "Educational institution" means an institution of higher education as defined in RCW 28B.10.016 or an educational institution as defined in RCW 28C.04.410(3).

(c) "Training allowance or stipend" means discretionary use, cash-in-hand payments available to the individual to be used as the individual sees fit, but does not mean direct or indirect compensation for training costs, such as tuition or books and supplies.

(6) The commissioner shall adopt rules as necessary to implement this section.

(7) For the purpose of this section, an individual who has a benefit year beginning after January 1, 1989, and ending before July 27, 1991, shall be treated as if his or her benefit year ended on July 27, 1991.

NEW SECTION. Sec. 11. Section 10 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 12. Sections 1 through 9 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 30, 1993."

On page 1, line 2 of the title, after "1991;" strike the remainder of the title and insert "amending RCW 43.31.611, 43.31.621, 43.31.631, 43.160.200, and 50.22.090; amending 1991 c 314 s 26 (uncodified); amending 1991 c 314 s 32 (uncodified); amending 1991 c 314 s 33 (uncodified); amending 1991 c 314 s 34 (uncodified); amending 1991 c 315 s 2 (uncodified); providing an effective date; and declaring an emergency.", and that the bill do pass as recommended by the Conference Committee.

Signed by: Senators Skratek, Hargrove; Representatives Springer, Jones.

MOTION

Senator Hargrove moved that the Senate adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1529.

Debate ensued.

POINT OF INQUIRY

Senator Linda Smith: "Senator Hargrove, it is not all that tough and I am just wanting to make sure that I understand. I don't think that it just extends to cities and counties. I think it also extends to buildings. Is there already something in the law--I've never seen it used for buildings--I've just seen it used for infrastructure in my communities. Is this an expansion beyond, also?"

Senator Hargrove: "No, what I tried to make clear, and apparently did not, currently ports can get CERB funds to do structures. Port districts can, that is current law. There are some places in these distressed areas that do not fall within a Port District--small cities for instance. To do economic development, we would be extending that provision for buildings and structures, like an industrial park, to these small cities. Now, ports currently can. I wanted to make that clear. Ports can use this money for structures. Again, it is on an application basis. It goes through the CERB Board, nothing is guaranteed to be spent."

The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate do adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1529.

The motion by Senator Hargrove carried and the Senate adopted the Report of the Conference Committee on Engrossed Substitute House Bill No. 1529.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1529, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1529, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 15; Absent, 0; Excused, 2.

Voting yea: Senators Barr, Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Hargrove, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 32.

Voting nay: Senators Amondson, Anderson, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Sellar and West - 15.

Excused: Senators Haugen and Spanel - 2.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1529, 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.

REPORT OF CONFERENCE COMMITTEE

ESHB 1509 April 24, 1993

Includes "NEW ITEM": YES

Increasing flexibility of institutions of higher education

MR. PRESIDENT:

MR. SPEAKER:

We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509, Higher ed administration, have had the same under consideration and we recommend that:

The Senate striking amendment(s) by Senator Bauer adopted, as amended, on April 15, 1993, be adopted with the following Conference Committee amendments to page 26, after line 27, and page 28, after line 14, of the striking amendment and the corresponding title amendments be adopted:

On page 26, after line 27, strike all of section 306 and insert the following:

"Sec. 306. RCW 41.06.070 and 1993 c ... (Engrossed Substitute House Bill No. 2054) s 21 are each amended to read as follows:

(1) The provisions of this chapter do not apply to:

(a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, legislative budget committee, statute law committee, and any interim committee of the legislature;

(b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

(d) The officers of the Washington state patrol;

(e) Elective officers of the state;

(f) The chief executive officer of each agency;

(g) In the departments of employment security, fisheries, social and health services, the director and the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;

(h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

(i) All members of such boards, commissions, or committees;

(ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: The secretary of the board, commission, or committee; the chief executive officer of the board, commission, or committee; and the confidential secretary of the chief executive officer of the board, commission, or committee;

(iii) If the members of the board, commission, or committee serve on a full-time basis: The chief executive officer or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair of the board, commission, or committee;

(iv) If all members of the board, commission, or committee serve ex officio: The chief executive officer; and the confidential secretary of such chief executive officer;

(i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

(j) Assistant attorneys general;

(k) Commissioned and enlisted personnel in the military service of the state;

(l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board;

(m) The public printer or to any employees of or positions in the state printing plant;

(n) Officers and employees of the Washington state fruit commission;

(o) Officers and employees of the Washington state apple advertising commission;

(p) Officers and employees of the Washington state dairy products commission;

(q) Officers and employees of the Washington tree fruit research commission;

(r) Officers and employees of the Washington state beef commission;

(s) Officers and employees of any commission formed under chapter 15.66 RCW;

(t) Officers and employees of the state wheat commission formed under chapter 15.63 RCW;

(u) Officers and employees of agricultural commissions formed under chapter 15.65 RCW;

(v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

(w) Liquor vendors appointed by the Washington state liquor control board pursuant to RCW 66.08.050: PROVIDED, HOWEVER, That rules adopted by the Washington personnel resources board pursuant to RCW 41.06.150 regarding the basis for, and procedures to be followed for, the dismissal, suspension, or demotion of an employee, and appeals therefrom shall be fully applicable to liquor vendors except those part time agency vendors employed by the liquor control board when, in addition to the sale of liquor for the state, they sell goods, wares, merchandise, or services as a self-sustaining private retail business;

(x) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

(y) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;

(z) All employees of the marine employees' commission;

(aa) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection shall expire on June 30, 1997;

(2) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:

(a) Members of the governing board of each institution of higher education and related boards, all presidents, vice-presidents and their confidential secretaries, administrative and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington;

(b) Student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board, employed by institutions of higher education and related boards;

(c) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training((, and principal assistants to executive heads of major administrative or academic divisions,)) as determined by the board: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the board under this provision;

(d) Printing craft employees in the department of printing at the University of Washington;

(3) In addition to the exemptions specifically provided by this chapter, the Washington personnel resources board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the Washington personnel resources board stating the reasons for requesting such exemptions. The Washington personnel resources board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the Washington personnel resources board shall grant the request and such determination shall be final as to any decision made before July 1, 1993. The total number of additional exemptions permitted under this subsection shall not exceed one percent of the number of employees in the classified service not including employees of institutions of higher education and related boards for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The Washington personnel resources board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted under subsections (1) (x) and (y) and (2) of this section, together with the reasons for such exemptions.

The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (1) (j) through (v) and (2) of this section, shall be determined by the Washington personnel resources board.

Sec. 307. RCW 28B.16.200 and 1979 c 151 s 18 are each amended to read as follows:

(1) There is hereby created a fund within the state treasury, designated as the "higher education personnel board service fund," to be used by the board as a revolving fund for the payment of salaries, wages, and operations required for the administration of the provisions of this chapter, the budget for which shall be subject to review and approval and appropriation by the legislature. Subject to the requirements of subsection (2) of this section, an amount not to exceed one-half of one percent of the salaries and wages for all positions in the classified service shall be contributed from the operations appropriations of each institution and the state board for community and technical colleges ((education)) and credited to the higher education personnel board service fund as such allotments are approved pursuant to chapter 43.88 RCW. Subject to the above limitations, such amount shall be charged against the allotments pro rata, at a rate to be fixed by the director of financial management from time to time, which will provide the board with funds to meet its anticipated expenditures during the allotment period.

(2) If employees cease to be classified under this chapter pursuant to an agreement authorized by section 304 of this act, each institution of higher education and the state board for community and technical colleges shall continue, for six months after the effective date of the agreement, to make contributions to the higher education personnel board service fund based on employee salaries and wages that includes the employees under the agreement. At the expiration of the six-month period, the director of financial management shall make across-the-board reductions in allotments of the higher education personnel board service fund for the remainder of the biennium so that the charge to the institutions of higher education and state board based on the salaries and wages of the remaining employees classified under this chapter does not increase during the biennium, unless an increase is authorized by the legislature. The director of financial management shall report the amount and impact of any across-the-board reductions made under this section to the appropriations committee of the house of representatives and the ways and means committee of the senate, or appropriate successor committees, within thirty days of making the reductions.

(3) Moneys from the higher education personnel board service fund shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the board.

NEW SECTION. Sec. 308. A new section is added to chapter 41.06 RCW to read as follows:

(1) There is hereby created a fund within the state treasury, designated as the "higher education personnel service fund," to be used by the board as a revolving fund for the payment of salaries, wages, and operations required for the administration of institutions of higher education and related boards, the budget for which shall be subject to review and approval and appropriation by the legislature. Subject to the requirements of subsection (2) of this section, an amount not to exceed one-half of one percent of the salaries and wages for all positions in the classified service shall be contributed from the operations appropriations of each institution and the state board for community and technical colleges and credited to the higher education personnel service fund as such allotments are approved pursuant to chapter 43.88 RCW. Subject to the above limitations, such amount shall be charged against the allotments pro rata, at a rate to be fixed by the director of financial management from time to time, which will provide the board with funds to meet its anticipated expenditures during the allotment period.

(2) If employees of institutions of higher education cease to be classified under this chapter pursuant to an agreement authorized by section 304 of this act, each institution of higher education and the state board for community and technical colleges shall continue, for six months after the effective date of the agreement, to make contributions to the higher education personnel service fund based on employee salaries and wages that includes the employees under the agreement. At the expiration of the six-month period, the director of financial management shall make across-the-board reductions in allotments of the higher education personnel service fund for the remainder of the biennium so that the charge to the institutions of higher education and state board for community and technical colleges based on the salaries and wages of the remaining employees of institutions of higher education and related boards classified under this chapter does not increase during the biennium, unless an increase is authorized by the legislature. The director of financial management shall report the amount and impact of any across-the-board reductions made under this section to the appropriations committee of the house of representatives and the ways and means committee of the senate, or appropriate successor committees, within thirty days of making the reductions.

(3) Moneys from the higher education personnel service fund shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the board.

Sec. 309. RCW 41.06.280 and 1993 c ... (Engrossed Substitute House Bill No. 2054) s 34 are each amended to read as follows:

There is hereby created a fund within the state treasury, designated as the "department of personnel service fund," to be used by the board as a revolving fund for the payment of salaries, wages, and operations required for the administration of the provisions of this chapter, applicable provisions of chapter 41.04 RCW, and chapter 41.60 RCW. An amount not to exceed one and one-half percent of the approved allotments of salaries and wages for all positions in the classified service in each of the agencies subject to this chapter, except the institutions of higher education, shall be charged to the operations appropriations of each agency and credited to the department of personnel service fund as the allotments are approved pursuant to chapter 43.88 RCW. Subject to the above limitations, the amount shall be charged against the allotments pro rata, at a rate to be fixed by the director from time to time which, together with income derived from services rendered under RCW 41.06.080, will provide the department with funds to meet its anticipated expenditures during the allotment period, including the training requirements in RCW 41.06.--- and 41.06.--- (sections 9 and 12, chapter ... (Engrossed Substitute House Bill No. 2054), Laws of 1993).

The director of personnel shall fix the terms and charges for services rendered by the department of personnel pursuant to RCW 41.06.080, which amounts shall be credited to the department of personnel service fund and charged against the proper fund or appropriation of the recipient of such services on a quarterly basis. Payment for services so rendered under RCW 41.06.080 shall be made on a quarterly basis to the state treasurer and deposited by him in the department of personnel service fund.

Moneys from the department of personnel service fund shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the board."

Renumber the remaining sections consecutively and correct any internal references accordingly.

On page 28, after line 14, insert the following:

"NEW SECTION. Sec. 401. Section 305 of this act shall take effect if section 21 of Engrossed Substitute House Bill No. 2054 is not signed into law by June 30, 1993.

NEW SECTION. Sec. 402. Section 306 of this act shall take effect if section 21 of Engrossed Substitute House Bill No. 2054 is signed into law by June 30, 1993.

NEW SECTION. Sec. 403. Section 307 of this act shall take effect if section 68 of Engrossed Substitute House Bill No. 2054 is not signed into law by June 30, 1993.

NEW SECTION. Sec. 404. Section 308 of this act shall take effect if sections 34 and 68 of Engrossed Substitute House Bill No. 2054 are signed into law by June 30, 1993.

NEW SECTION. Sec. 405. Section 309 of this act shall take effect if section 34 of Engrossed Substitute House Bill No. 2054 is signed into law by June 30, 1993."

Renumber the remaining sections consecutively and correct any internal references accordingly.

On page 29, line 3 of the title amendment, after "28B.16.040," strike "and 28B.16.200" and insert "41.06.070, 28B.16.200, and 41.06.280"

On page 29, line 6 of the title amendment, after "41.56 RCW;" insert "adding a new section to chapter 41.06 RCW;"

On page 29, line 7 of the title amendment, after "28B.16 RCW;" strike "creating a new section" and insert "creating new sections", and the bill do pass as recommended by the Conference Committee.

Signed by: Senators Bauer, Rinehart; Representatives Locke, Brumsickle, Sommers.

MOTION

Senator Bauer moved that the Senate adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1509.

POINT OF INQUIRY

Senator Anderson: "Senator Bauer, I feel comfortable with the explanation you have given us so far, but there had been some talk of having the tuition fee increase in this bill. Is that present in the Conference Committee Report?"

Senator Bauer: "Tuition fee increase?"

Senator Anderson: "Right."

Senator Bauer: "In Engrossed Senate Bill No. 1509, we allowed the institutions to retain the tuition, but we did not put a fee increase in this bill."

Senator Anderson: "And that is the same--"

Senator Bauer: "There is another bill with the tuition coming along."

Senator Anderson: "That is not in here, though?"

Senator Bauer: "No, not an increase."

Further debate ensued.

The President declared the question before the Senate to be the motion by Senator Bauer that the Senate do adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1509.

The motion by Senator Bauer carried and the Senate adopted the Report of the Conference Committee on Engrossed Substitute House Bill No. 1509.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1509, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1509, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 10; Absent, 0; Excused, 2.

Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 37.

Voting nay: Senators Barr, Cantu, McCaslin, Nelson, Newhouse, Oke, Prince, Sellar, Smith, L. and von Reichbauer - 10.

Excused: Senators Haugen and Spanel - 2.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509, 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.

REPORT OF CONFERENCE COMMITTEE

ESHB 1562 April 23, 1993

Includes "NEW ITEM": YES

Authorizing local governments to exceed statutory property tax

limitations for the purpose of financing affordable housing for very

low-income households

MR. PRESIDENT:

MR. SPEAKER:

We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1562, Property tax limitations, have had the same under consideration and we recommend that:

The Senate amendment(s) by Senator West to page 2, lines 7 and 18; page 4, strike all of section 4; and page 1, line 4; of the title, adopted on April 17, 1993, be not adopted, and that the following Conference Committee amendment to page 4, line 32, be adopted:

On page 4, line 32, after "then" strike "these levies" and insert "the levies imposed under RCW 84.34.230 and section 2 of this act, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value,", and that the bill do pass as recommended by the Conference Committee.

Signed by: Senators Fraser, Prentice; Representatives Brown, H. Myers.

MOTION

Senator Fraser moved that the Senate adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1562.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Fraser that the Senate do adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1562.

The motion by Senator Fraser carried and the Senate adopted the Report of the Conference Committee on Engrossed Substitute House Bill No. 1562.

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 recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1562, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 27; Nays, 20; Absent, 0; Excused, 2.

Voting yea: Senators Barr, Bauer, Deccio, Franklin, Fraser, Gaspard, Jesernig, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rinehart, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 27.

Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Drew, Erwin, Hargrove, Hochstatter, Loveland, McCaslin, McDonald, Nelson, Newhouse, Oke, Rasmussen, M., Roach, Sellar, Smith, L., von Reichbauer and West - 20.

Excused: Senators Haugen and Spanel - 2.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1562, 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.

MOTION

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

MOTION FOR RECONSIDERATION

Having served prior notice, Senator Adam Smith moved to reconsider the vote by which Senate Bill No. 5474, without the House amendment on page 5, line 34, but with the House amendments on page 3, line 32; page 6, line 15; and page 18, line 8, failed to pass the Senate earlier today.

The President declared the question before the Senate to be the motion by Senator Adam Smith that the Senate reconsider the vote by which Senate Bill No. 5474, without the House amendment on page 5, line 34, but with the House amendments on page 3, line 32; page 6, line 15; and page 18, line 8, failed to pass the Senate.

The motion for reconsideration of Senate Bill No. 5474, without the House amendment on page 5, line 34, but with the House amendments on page 3, line 32; page 6, line 15; and page 18, line 8, carried.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5474, without the House amendment on page 5, line 34, but with the House amendments on page 3, line 32; page 6, line 15; and page 18, line 8, on reconsideration, and the bill passed the Senate by the following vote: Yeas, 27; Nays, 20; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Moyer, Nelson, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild, Williams and Wojahn - 27.

Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hargrove, Hochstatter, McDonald, Newhouse, Niemi, Oke, Owen, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 20.

Excused: Senators Haugen and Spanel - 2.

SENATE BILL NO. 5474, without the House amendment on page 5, line 34, but with the House amendments on page 3, line 32; page 6, line 15; and page 18, line 8, on reconsideration, 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 returned the Senate to the fourth order of business.

MESSAGE FROM THE HOUSE

April 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 5844 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

REPORT OF CONFERENCE COMMITTEE

ESSB 5844 April 23, 1993

Includes "NEW ITEM": YES

Allowing volunteers to assist agencies to serve at-risk children's needs

MR. SPEAKER:

MR. PRESIDENT:

We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 5844, allowing volunteers to assist agencies to serve at-risk children's needs, have had the same under consideration and we recommend that:

All previous amendment(s) not be adopted, and that the following Conference Committee amendment be adopted:

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 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. The public agency shall have no liability for any acts of the individual volunteer or volunteer organization. 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. A volunteer organization or 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 willful or wanton misconduct.

On page 1, line 2 of the title after "children;" strike the remainder of the title and insert "and adding a new section to chapter 43.150.RCW.", and that the bill do pass as recommended by the Conference Committee.

Signed by: Senators Haugen, Winsley, McAuliffe; Representatives Leonard, Brown, Cooke.

MOTION

On motion of Senator McAuliffe, the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 5844 was adopted.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5844, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5844, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Haugen and Spanel - 2.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5844, 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 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on SENATE BILL NO. 5375 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

REPORT OF CONFERENCE COMMITTEE

SB 5375 April 22, 1993

Includes "NEW ITEMS": YES

Regulating personal service contracts

MR. SPEAKER:

MR. PRESIDENT:

We of your Conference Committee, to whom was referred SENATE BILL NO. 5375, regulating personal service contracts, have had the same under consideration and we recommend that the House Floor Amendments by Representatives Ogden and Valle on page 1, line 11; and page 4, after line 8; adopted April 8, 1993, be adopted with the following changes:

On page 1, line 22 of the amendment, after "newspapers" strike all material through "management" on line 24; and

On page 1, line 31 of the amendment, after "year." strike "The office of financial management" and insert "Agencies", and that the bill do pass as recommended by the Conference Committee.

Signed by: Senators Haugen, Bauer; Representatives Ogden, Valle, Reams.

MOTION

Senator Bauer moved that the Senate adopt the Report of the Conference Committee on Senate Bill No. 5375.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Bauer that the Senate do adopt the Report of the Conference Committee on Senate Bill No. 5375.

3. The motion by Senator Bauer carried and the Senate adopted the Report of the Conference Committee on Senate Bill No. 5375.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5375, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5375, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Haugen and Spanel - 2.

SENATE BILL NO. 5375, 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 24, 1993

MR. PRESIDENT:

The House has passed ENGROSSED HOUSE BILL NO. 2135, and the same is 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 BILL

EHB 2135 by Representative G. Fisher

Relating to revenue.

MOTION

Senator Jesernig moved that the rules be suspended and Engrossed House Bill No. 2135 be advanced to second reading and placed on the second reading calendar.

POINT OF ORDER

Senator Nelson: "Mr. President, I rise to a point of order. Mr. President, I believe that Engrossed House Bill No. 2135 is improperly before us. It, in fact, violates House Concurrent Resolution No. 4420 in that that particular House Concurrent Resolution required that all matters now before us must be necessary to implement the budget. No budget document that we have made reference at all to Engrossed House Bill No. 2135.

"In addition, I would like to point out that the bill as introduced in the House of Representatives, an act relating to revenue, had as its title, 'this act shall be know as the revenue act of 1993.' Subsequent to that time through the process, there is now an addition of information in this particular bill that imposes an excise tax of ten percent for the privilege of parking a motor vehicle in a facility operated by a commercial parking business. It has the imposition of the hotel/motel tax for the restrooms and picnic areas for tourists visiting a county with a national monument, which was a measure before us. It also expands the public facilities districts within the state of Washington and permits them to now have additional taxation for public facilities in those districts of a county of specific sizes and locations. In fact, it permits a rate of tax in a public facilities district of a population of one million or more to be up to one percent of the proceeds of taxes collected and using those taxes for the design, construction, maintenance of facilities for youth and senior citizen programs.

"In addition, it also permits non-voter approved general obligation indebtedness. I would suggest to the President that this particular measure has gone far beyond, not only the scope and object of the original intent of the bill, but it is improperly before this body."

REMARKS BY SENATOR SNYDER

Senator Snyder: "Thank you, Mr. President, I just wanted to point out that there is reference in both the Capital Budget and the Operating Budget to the Mount St. Helen's Monument. In the Capital Budget, there is an appropriation of three and one-half million for the Johnson Observatory at Mount St. Helen's National Volcano Monument, funds provided by the state to assist in accelerating the project there. Also, in the Operating Budget, there is a proviso for seventy thousand dollars for emergency medical services to support the Mount St. Helen's National Volcano Monument area. So, I think that the bill is properly before the Senate."

REPLY BY PRESIDENT PRITCHARD

President Pritchard: "Just a moment. In a way of explanation, I would like to ask Senator Snyder a question. Senator Snyder, does the appropriation in the Capital Budget lapse if 2135 fails to pass the Legislature?"

Senator Snyder: "No. Well, the capital budget hasn't passed yet, so it could lapse if that would happen."

RULING BY THE PRESIDENT

President Pritchard: "The President feels that given the explanation, the President rules that Engrossed House Bill No. 2135 is not a bill to implement the budget and the point is well taken."

Engrossed House Bill No. 2135 was ruled to be not properly before the Senate.

MOTION

At 5:33 p.m., on motion of Senator Jesernig, the Senate recessed until 6:30 p.m.

The Senate was called to order at 6:53 p.m. by President Pritchard.

MESSAGES FROM THE HOUSE

April 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED HOUSE BILL NO. 1175 and has passed the bill as recommended by the Conference Committee.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House concurred in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2098 and has passed the bill as amended by the Senate.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House concurred in the Senate amendment(s), as further amended, to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1493 and has passed the bill as further amended by the Senate.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The Speaker has signed:

SUBSTITUTE HOUSE BILL NO. 1069,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1197,

SUBSTITUTE HOUSE BILL NO. 1214,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1393,

SUBSTITUTE HOUSE BILL NO. 1428,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1541,

SUBSTITUTE HOUSE BILL NO. 1765,

SUBSTITUTE HOUSE BILL NO. 1870,

SUBSTITUTE HOUSE BILL NO. 1886,

SUBSTITUTE HOUSE BILL NO. 1910, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

SUBSTITUTE HOUSE BILL NO. 1069,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1197,

SUBSTITUTE HOUSE BILL NO. 1214,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1393,

SUBSTITUTE HOUSE BILL NO. 1428,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1541,

SUBSTITUTE HOUSE BILL NO. 1765,

SUBSTITUTE HOUSE BILL NO. 1870,

SUBSTITUTE HOUSE BILL NO. 1886,

SUBSTITUTE HOUSE BILL NO. 1910.

MOTION

On motion of Senator Oke, Senator von Reichbauer was excused.

MESSAGE FROM THE HOUSE

April 25, 1993

MR. PRESIDENT:

The House insists on its position regarding the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1808 and again asks the Senate for a conference thereon, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Skratek, the rules were suspended, Substitute House Bill No. 1808 was returned to second reading and read the second time.

MOTION

Senator Skratek moved to reconsider the vote by which the striking amendment by Senator Skratek, as amended, was adopted April 16, 1993.

The President declared the question before the Senate to be the motion by Senator Skratek to reconsider the vote by which the striking amendment by Senator Skratek, as amended, was adopted.

The motion by Senator Skratek for reconsideration of the striking amendment, as amended, carried.

MOTION

Senator Skratek moved that the following amendment to the striking amendment, as amended, on reconsideration be adopted:

On page 2, after line 2 of the amendment, strike all material through "development." on line 17 and insert the following:

"(1) The council on international trade is established. The council shall consist of fifteen members as follows:

(a) Two members of trade organizations, appointed by the governor;

(b) Two representatives of ports, appointed by the governor;

(d) Three representatives from the executive-legislative committee on economic development created in chapter . . . (Senate Bill No. 5300), Laws of 1993;

(e) Two members with experience in foreign marketing, appointed by the governor;

(f) Two experts in financing export transactions, appointed by the governor;

(g) The director of the department of trade and economic development or the director's designee; and

(h) The director of the department of agriculture or the director's designee."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Skratek on page 2, after line 2, to the striking amendment, as amended, on reconsideration, to Substitute House Bill No. 1808.

The amendment on page 2, line 2, to the striking amendment, as amended, on reconsideration, to Substitute House Bill No. 1808 was adopted.

The President declared the question before the Senate to be the adoption of the striking amendment by Senator Skratek, as further amended, on reconsideration, to Substitute House Bill No. 1808.

The striking amendment by Senator Skratek, as further amended, on reconsideration, to Substitute House Bill No. 1808 was adopted.

MOTION

On motion of Senator Skratek, the rules were suspended, Substitute House Bill No. 1808, as amended by the Senate under suspension of the rules, 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. 1808, as amended by the Senate under suspension of the rules.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1808, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 6; Excused, 3.

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

Absent: Senators Anderson, Deccio, Pelz, Rinehart, Smith, L. and Vognild - 6.

Excused: Senators Haugen, Spanel and von Reichbauer - 3.

SUBSTITUTE HOUSE BILL NO. 1808, as amended by the Senate under suspension of the rules, 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 Anderson and Linda Smith were excused.

MESSAGE FROM THE HOUSE

April 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on SENATE BILL NO. 5675 and has passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

REPORT OF CONFERENCE COMMITTEE

SB 5675 April 24, 1993

Includes "NEW ITEM": NO

Concerning the financing of bonds for storm water facilities

MR. SPEAKER:

MR. PRESIDENT:

We of your CONFERENCE COMMITTEE, to whom was referred SENATE BILL NO. 5675, concerning the financing of bonds for storm water facilities, have had the same under consideration and we recommend that:

The House Committee on Local Government striking amendment adopted April 12, 1993, be adopted with the following deletion:

On page 2, beginning line 21 of the amendment, strike all of section 3, and that the bill do pass as recommended by the Conference Committee.

Signed by: Senators Haugen, Winsley, Loveland; Representatives H. Meyers, Bray, Reams.

MOTION

On motion of Senator Drew, the Report of the Conference Committee on Senate Bill No. 5675 was adopted.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5675, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5675, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 1; Excused, 5.

Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, 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., Snyder, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.

Voting nay: Senator Moore - 1.

Absent: Senator Rinehart - 1.

Excused: Senators Anderson, Haugen, Smith, L., Spanel and von Reichbauer - 5.

SENATE BILL NO. 5675, 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.

MESSAGES FROM THE HOUSE

April 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1307 and has passed the bill as recommended by the Conference Committee.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1236 and has passed the bill as recommended by the Conference Committee.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1529 and has passed the bill as recommended by the Conference Committee.

ALAN THOMPSON, Chief Clerk

APPOINTMENT OF INTERIM COMMITTEES

The President announced the following appointments to interim committees:

LEGISLATIVE BUDGET COMMITTEE: Senators Bauer, Gaspard, Rinehart, Wojahn, von Reichbauer, Barr, Oke and West

LEAP COMMITTEE: Senators Jesernig, Niemi, Cantu and Winsley

LEGISLATIVE TRANSPORTATION COMMITTEE: Senators Drew, Loveland, Prentice, Sheldon, Skratek, Vognild, Nelson, von Reichbauer, Erwin, Prince and Sellar

JOINT COMMITTEE ON ENERGY AND UTILITIES: Senators Sutherland, Williams, Newhouse, Hochstatter

MOTION

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

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

MOTION

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

SENATE RESOLUTION 1993-8645

By Senators Moore and McCaslin

WHEREAS, The spread of legalized gambling in this state has occurred as a result of the federal Indian Gaming and Regulatory Act of 1988; and

WHEREAS, Nontribal interests in the gambling industry are seeking expansion of their activities; and

WHEREAS, Expansion of commercial and tribal gambling seriously impacts the revenues generated by nonprofit and charitable organizations in the operation of bingo, pull tabs, and "casino night" activities; and

WHEREAS, The citizens of this state clearly support the operation of gambling activities by nonprofit and charitable organizations; and

WHEREAS, The 1993 Legislature passed Substitute House Concurrent Resolution No. 4403 which requires a review of the state's overall policy on gambling, including the potential expansion of legalized forms of gambling;

NOW, THEREFORE, BE IT RESOLVED, That the Senate members of the Legislative Task Force on Washington State Gambling Policy be directed to work with the Washington State Gambling Commission to review by November 1, 1993, laws and rules necessary to implement options for charitable gaming; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Washington State Gambling Commission.

Senators Moore and McCaslin spoke to Senate Resolution 1993-8645.

MOTION

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

SENATE RESOLUTION 1993-8648

By Senators Gaspard and Sellar

WHEREAS, The 1993 Regular Session of the Fifty-third Legislature is drawing to a close; and

WHEREAS, It is necessary to provide for the completion of the work of the Senate after its adjournment and during the interim period between the close of the 1993 Regular Session of the Fifty-third Legislature and the convening of the next regular session;

NOW, THEREFORE, BE IT RESOLVED, That the Senate Facilities and Operations Committee shall have full authority and direction over the authorization and execution of any personal services contracts or subcontracts that necessitate the expenditure of Senate appropriations; and

BE IT FURTHER RESOLVED, That the Senate Facilities and Operations Committee may, as they deem appropriate, authorize out-of-state travel for which members and staff may receive therefor their actual necessary expenses, and such per diem as may be authorized by law, to be paid upon receipt of their vouchers out of funds appropriated for legislative expenses; and

BE IT FURTHER RESOLVED, That the Secretary of the Senate and the Senate Facilities and Operations Committee be, and they hereby are, authorized to retain such employees as they may deem necessary and that said employees be allowed such rate of pay therefor as the Secretary of the Senate and the Senate Facilities and Operations Committee shall deem proper; and

BE IT FURTHER RESOLVED, That the Secretary of the Senate be, and he hereby is, authorized and directed to make out and execute the necessary vouchers upon which warrants for legislative expenses and expenditures shall be drawn from funds provided therefor; and

BE IT FURTHER RESOLVED, That the Secretary of the Senate be, and hereby is, authorized and directed to have a copy of the Senate Journals of the 1993 Regular Session of the Fifty-third Legislature, together with a suitable index therefor prescribed by the State Printer; and

BE IT FURTHER RESOLVED, That the President Pro Tempore of the Senate, the Vice-President Pro Tempore of the Senate, the Senate Majority and Minority Leadership, the Secretary of the Senate, and the Deputy Secretary of the Senate are each authorized to attend the annual meetings of the National Conference of State Legislatures and the Council of State Governments, and to receive therefor their actual necessary expenses, and such per diem as may be authorized by law, to be paid upon receipt of their vouchers out of funds appropriated for legislative expenses; and

BE IT FURTHER RESOLVED, That the Rules Committee is authorized to assign subject matters to standing committees for study during the interims, and the Majority Leader is authorized to create special committees as may be necessary to carry out the functions of the Senate in an orderly manner and appoint members thereto with the approval of the Facilities and Operations Committee; and

BE IT FURTHER RESOLVED, That all keys distributed by the Secretary of the Senate's Office be returned to the Secretary of the Senate; and

BE IT FURTHER RESOLVED, That the Secretary of the Senate is authorized to express the sympathy of the Senate by sending flowers in the event of a bereavement in a Senator's family; and

BE IT FURTHER RESOLVED, That such use of the Senate facilities is permitted upon such terms as the Secretary of the Senate shall deem proper.

MOTION

Senator Erwin moved that the following resolution be adopted:

SENATE RESOLUTION 1993-8641

By Senators Erwin and Bauer

WHEREAS, Thousands of Washingtonians say that RVing and camping are their number one vacation choices; and

WHEREAS, RVing and camping are great fun and can be outstanding forms of recreation for individuals and families alike; and

WHEREAS, The Evergreen State is a fabulous place to camp and RV, whether by backpack, horseback, recreational vehicle, or car; and

WHEREAS, Thousands of citizens in this state are unaware of the joys and lifestyle of RVing and camping and the excitement of exploring the beautiful forests, rivers, mountains, and urban delights of this state; and

WHEREAS, A national information program called "Go Camping America" has been instituted to introduce people across the country to the fun and adventure of camping in national, state, and private campgrounds and recreational vehicle parks; and

WHEREAS, The state can become a full participant in this national program to increase the awareness of the citizens of this state concerning camping opportunities in Washington;

NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize the month of May as "Go Camping America" month; and

BE IT FURTHER RESOLVED, That the Department of Parks and Recreation work with the camping and RVing industry to promote the enjoyment of camping and RVing to the citizens of Washington.

POINT OF INQUIRY

Senator Skratek: "Senator Erwin, I have a very difficult time camping. In order to honor this resolution, would it be within the context of this, would it be appropriate for me to go to the Westin for a week and shop and camp on the doorsteps of Nordstroms?"

Senator Erwin: "It is subject to interpretation, so the Westin Hotel would be perfectly appropriate for camping as long as you have a view of the stars as you sleep."

Senator Skratek: "I can handle that. Thank you."

The President declared the question before the Senate to be the adoption of Senate Resolution 1993-8641.

Senate Resolution 1993-8641 was adopted.

MOTION

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

SENATE RESOLUTION 1993-8650

By Senators Fraser, Franklin and Amondson

WHEREAS, The Reverend Wendell Dennis Morris devoted his life to goodwill and peace and was a powerful beacon in our state as an articulate spokesperson for human dignity, justice, the importance of all people developing their potential to the fullest, and the importance of each person contributing to the betterment of the community and our world; and

WHEREAS, He steadfastly believed in education, continuing his own education at The Evergreen State College, while pastoring at New Life Baptist Church in Olympia, visiting the sick and house-bound, and creating and running a successful prison ministry; and

WHEREAS, In the tradition of other celebrated African-American leaders, Reverend Morris's participation in the community did not end at the pulpit; and

WHEREAS, His enthusiastic and effective participation in local, state, and national politics sets an outstanding example for others; and

WHEREAS, Reverend Morris was a faithful and diligent member of organizations in his community, including the Urban League and the Board of Directors of the Olympia YMCA; and

WHEREAS, He was a powerful role model for the youth of his community, as they saw in Pastor Morris a strong, principled man who led not only by his words, but by his actions; and

WHEREAS, His selfless, lifetime devotion to students included founding the New Life Mary Graham Scholarship Fund for youths who plan to continue their education after high school; and

WHEREAS, For the last eight years, Reverend Morris ministered to the spiritual needs of the community at New Life Baptist Church in Olympia; and

WHEREAS, He honorably and faithfully served his country for twenty years in the United States Army, including tours of duty in Germany and Vietnam, providing spiritual guidance to our fighting men and women; and

WHEREAS, On March 15, 1993, Reverend Wendell Dennis Morris died very unexpectedly at the age of forty-seven; and

WHEREAS, It now falls upon all of us to continue the message of human dignity, justice, opportunity, and service to others for which Pastor Morris stood;

NOW, THEREFORE, BE IT RESOLVED, That we, the members of the Washington State Senate, along with the people of our state, pay tribute to the life and memory of Reverend Wendell Dennis Morris.

SIGNED BY THE PRESIDENT

The President signed:

SECOND SUBSTITUTE SENATE BILL NO. 5239,

ENGROSSED SENATE BILL NO. 5720,

SUBSTITUTE SENATE BILL NO. 5971,

ENGROSSED SENATE BILL NO. 5978,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5981.

SIGNED BY THE PRESIDENT

The President signed:

SENATE BILL NO. 5375,

SENATE BILL NO. 5474,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5844.

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

MESSAGE FROM THE HOUSE

April 24, 1993

MR. PRESIDENT:

The House has refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1464 and asks the Senate to recede therefrom.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Jesernig, the Senate refuses to recede from its amendment(s) to Engrossed Substitute House Bill No. 1464, and requests of the House a conference thereon.

APPOINTMENT OF CONFERENCE COMMITTEE

The President appointed as members of the Conference Committee on Engrossed Substitute House Bill No. 1464 and the Senate amendment(s) thereto: Senators Jesernig, Winsley and Haugen.

MOTION

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

MESSAGES FROM THE HOUSE

April 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1785 and has passed the bill as recommended by the Conference Committee.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1562 and has passed the bill as recommended by the Conference Committee.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509 and has passed the bill as recommended by the Conference Committee.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1512 and has passed the bill as recommended by the Conference Committee.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1372 and has passed the bill as recommended by the Conference Committee.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1708 and has passed the bill as recommended by the Conference Committee.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1862 and has passed the bill as recommended by the Conference Committee.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House concurred in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2098 and passed the bill as amended by the Senate.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House concurred in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1808 and passed the bill as further amended by the Senate. ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House concurred in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2070 and passed the bill as amended by the Senate.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House concurred in the return of SUBSTITUTE HOUSE BILL NO. 2055 to the Conference Committee for further conference.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 5969, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk

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

PROCLAMATION BY THE GOVERNOR No. 93-03

STATE OF WASHINGTON

OFFICE OF THE GOVERNOR

Olympia, Washington 98504-0002

WHEREAS, in accordance with Article II, Section 12 (Amendment 68) of the State Constitution, the 1993 Regular Session of the Legislature adjourned April 25, 1993, the 105th day, without completing its work on the 1993-95 budget; and

WHEREAS, it is therefore necessary for me to convene a Special Session for purposes of addressing matters related to the 1993-95 Operating, Capital and Transportation Budgets;

NOW THEREFORE, I, Mike Lowry, Governor of the state of Washington by virtue of the authority vested in me by Article II, Section 12 (Amendment 68) and Article III, Section 7, of the State Constitution, do hereby convene the Legislature of the state of Washington on Monday, the 26th day of April, 1993, at 9:00 a.m. in Special Session in the Capitol in Olympia for the purposes stated herein.

(SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of Washington to be affixed at Olympia, this 25th day of April, A.D., nineteen hundred and ninety-three.

MIKE LOWRY,

Governor of Washington

BY THE GOVERNOR:

RALPH MUNRO

Secretary of State

SIGNED BY THE PRESIDENT

The President signed:

SENATE BILL NO. 5675.

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

MESSAGE FROM THE HOUSE

April 25, 1993

MR. PRESIDENT:

The House receded from its amendment to SENATE BILL NO. 5925; returned the bill to second reading adopted a striking amendment, as amended on pages 1 and 2; and by title amendments, and passed the bill as amended by the House, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

MOTION

On motion of Senator Jesernig, the Senate refuses to concur in the House amendments to Senate Bill No. 5925 and requests of the House a conference thereon.

APPOINTMENT OF CONFERENCE COMMITTEE

The President appointed as members of the Conference Committee on Senate Bill No. 5925 and the House amendment(s) thereto: Senators Snyder, Deccio and Bauer.

MOTION

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

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

INTRODUCTION AND FIRST READING

SCR 8411 by Senators Gaspard and Sellar

Notifying the Governor that the legislature is about to adjourn sine die.

SCR 8412 by Senators Gaspard and Sellar

Returning measures to their house of origin.

SCR 8413 by Senators Gaspard and Sellar

Adjourning Sine Die.

MOTION

On motion of Senator Jesernig, Senate Concurrent Resolution No. 8411 was held on the desk.

MOTIONS

On motion of Senator Jesernig, the rules were suspended, Senate Concurrent Resolution No. 8412 was advanced to second reading and read the second time.

On motion of Senator Jesernig, the rules were suspended, Senate Concurrent Resolution No. 8412 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.

MOTIONS

On motion of Senator Jesernig, the rules were suspended, Senate Concurrent Resolution No. 8413 was advanced to second reading and read the second time.

On motion of Senator Jesernig, the rules were suspended, Senate Concurrent Resolution No. 8413 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.

SIGNED BY THE PRESIDENT

The President signed:

SUBSTITUTE SENATE BILL NO. 5969.

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

MESSAGES FROM THE HOUSE

April 25, 1993

MR. PRESIDENT:

The Speaker has signed:

HOUSE JOINT RESOLUTION NO. 4200,

SECOND SUBSTITUTE SENATE BILL NO. 5239,

SENATE BILL NO. 5251,

SENATE BILL NO. 5375,

SUBSTITUTE SENATE BILL NO. 5407,

SENATE BILL NO. 5474,

SENATE BILL NO. 5638,

SENATE BILL NO. 5675,

SUBSTITUTE SENATE BILL NO. 5704,

ENGROSSED SENATE BILL NO. 5720,

ENGROSSED SENATE BILL NO. 5745,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5815,

SECOND SUBSTITUTE SENATE BILL NO. 5836,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5844,

SENATE BILL NO. 5851,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5948,

SUBSTITUTE SENATE BILL NO. 5971,

SENATE BILL NO. 5977,

ENGROSSED SENATE BILL NO. 5978,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5981, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The Speaker has signed:

SUBSTITUTE HOUSE BILL NO. 1072,

ENGROSSED HOUSE BILL NO. 1107,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1248,

SUBSTITUTE HOUSE BILL NO. 1350,

HOUSE BILL NO. 1384,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1408,

HOUSE BILL NO. 1444,

ENGROSSED HOUSE BILL NO. 1456,

HOUSE BILL NO. 1479,

HOUSE BILL NO. 1490,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1500,

HOUSE BILL NO. 1521,

SUBSTITUTE HOUSE BILL NO. 1528,

SUBSTITUTE HOUSE BILL NO. 1545,

SUBSTITUTE HOUSE BILL NO. 1580,

SUBSTITUTE HOUSE BILL NO. 1602,

SUBSTITUTE HOUSE BILL NO. 1619,

SUBSTITUTE HOUSE BILL NO. 1631,

SUBSTITUTE HOUSE BILL NO. 1635,

HOUSE BILL NO. 1644,

HOUSE BILL NO. 1645,

HOUSE BILL NO. 1648,

SUBSTITUTE HOUSE BILL NO. 1667,

SUBSTITUTE HOUSE BILL NO. 1673,

SUBSTITUTE HOUSE BILL NO. 1721,

SUBSTITUTE HOUSE BILL NO. 1733,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1734,

SUBSTITUTE HOUSE BILL NO. 1741,

ENGROSSED HOUSE BILL NO. 1748,

SUBSTITUTE HOUSE BILL NO. 1752,

SUBSTITUTE HOUSE BILL NO. 1801,

HOUSE BILL NO. 2028,

HOUSE BILL NO. 2066,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2067,

ENGROSSED HOUSE JOINT MEMORIAL NO. 4003, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The Speaker has signed:

ENGROSSED HOUSE BILL NO. 1033,

SUBSTITUTE HOUSE BILL NO. 1047,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1086,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1135,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1209,

SUBSTITUTE HOUSE BILL NO. 1260,

SUBSTITUTE HOUSE BILL NO. 1325,

SUBSTITUTE HOUSE BILL NO. 1357,

HOUSE BILL NO. 1379,

SUBSTITUTE HOUSE BILL NO. 1469,

HOUSE BILL NO. 1495,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1505,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509,

SUBSTITUTE HOUSE BILL NO. 1766,

SUBSTITUTE HOUSE BILL NO. 1808,

HOUSE BILL NO. 1809,

SUBSTITUTE HOUSE BILL NO. 1912,

SUBSTITUTE HOUSE BILL NO. 1931,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1966,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1988,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2026,

SUBSTITUTE HOUSE BILL NO. 2036,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2071, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

HOUSE JOINT RESOLUTION NO. 4200.

SIGNED BY THE PRESIDENT

The President signed:

SUBSTITUTE HOUSE BILL NO. 1072,

ENGROSSED HOUSE BILL NO. 1107,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1248,

SUBSTITUTE HOUSE BILL NO. 1350,

HOUSE BILL NO. 1384,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1408,

HOUSE BILL NO. 1444,

ENGROSSED HOUSE BILL NO. 1456,

HOUSE BILL NO. 1479,

HOUSE BILL NO. 1490,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1500,

HOUSE BILL NO. 1521,

SUBSTITUTE HOUSE BILL NO. 1528,

SUBSTITUTE HOUSE BILL NO. 1545,

SUBSTITUTE HOUSE BILL NO. 1580,

SUBSTITUTE HOUSE BILL NO. 1602,

SUBSTITUTE HOUSE BILL NO. 1619,

SUBSTITUTE HOUSE BILL NO. 1631,

SUBSTITUTE HOUSE BILL NO. 1635,

HOUSE BILL NO. 1644,

HOUSE BILL NO. 1645,

HOUSE BILL NO. 1648,

SUBSTITUTE HOUSE BILL NO. 1667,

SUBSTITUTE HOUSE BILL NO. 1673,

SUBSTITUTE HOUSE BILL NO. 1721,

SUBSTITUTE HOUSE BILL NO. 1733,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1734,

SUBSTITUTE HOUSE BILL NO. 1741,

ENGROSSED HOUSE BILL NO. 1748,

SUBSTITUTE HOUSE BILL NO. 1752,

SUBSTITUTE HOUSE BILL NO. 1801,

HOUSE BILL NO. 2028,

HOUSE BILL NO. 2066,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2067,

ENGROSSED HOUSE JOINT MEMORIAL NO. 4003.

SIGNED BY THE PRESIDENT

The President signed:

ENGROSSED HOUSE BILL NO. 1033,

SUBSTITUTE HOUSE BILL NO. 1047,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1086,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1135,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1209,

SUBSTITUTE HOUSE BILL NO. 1260,

SUBSTITUTE HOUSE BILL NO. 1325,

SUBSTITUTE HOUSE BILL NO. 1357,

HOUSE BILL NO. 1379,

SUBSTITUTE HOUSE BILL NO. 1469,

HOUSE BILL NO. 1495,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1505,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509,

SUBSTITUTE HOUSE BILL NO. 1766,

SUBSTITUTE HOUSE BILL NO. 1808,

HOUSE BILL NO. 1809,

SUBSTITUTE HOUSE BILL NO. 1912,

SUBSTITUTE HOUSE BILL NO. 1931,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1966,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1988,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2026,

SUBSTITUTE HOUSE BILL NO. 2036,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2071.

MESSAGES FROM THE HOUSE

April 25, 1993

MR. PRESIDENT:

The Speaker has signed SUBSTITUTE SENATE BILL NO. 5969, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House has adopted SENATE CONCURRENT RESOLUTION NO. 8412, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The House has adopted SENATE CONCURRENT RESOLUTION NO. 8413, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk

RETURN OF BILLS TO HOUSE OF REPRESENTATIVES

Under the provision of Senate Concurrent Resolution No. 8412, the Senate returned the following House Bills to the House of Representatives:

SUBSTITUTE HOUSE BILL NO. 1122,

SUBSTITUTE HOUSE BILL NO. 1275,

SUBSTITUTE HOUSE BILL NO. 1458,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1524,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1761,

HOUSE BILL NO. 1984,

SUBSTITUTE HOUSE BILL NO. 2055,

ENGROSSED HOUSE BILL NO. 2123.

Under the provision of Senate Concurrent Resolution No. 8412, the Senate returned the following House Bills to the House of Representatives:

SUBSTITUTE HOUSE BILL NO. 1005,

HOUSE BILL NO. 1008,

SUBSTITUTE HOUSE BILL NO. 1009,

SUBSTITUTE HOUSE BILL NO. 1011,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1018,

SUBSTITUTE HOUSE BILL NO. 1019,

HOUSE BILL NO. 1020,

HOUSE BILL NO. 1027,

HOUSE BILL NO. 1029,

ENGROSSED HOUSE BILL NO. 1043,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1045,

HOUSE BILL NO. 1053,

HOUSE BILL NO. 1066,

SUBSTITUTE HOUSE BILL NO. 1080,

ENGROSSED HOUSE BILL NO. 1083,

SUBSTITUTE HOUSE BILL NO. 1090,

SUBSTITUTE HOUSE BILL NO. 1093,

HOUSE BILL NO. 1097,

SUBSTITUTE HOUSE BILL NO. 1108,

HOUSE BILL NO. 1112,

HOUSE BILL NO. 1126,

HOUSE BILL NO. 1132,

HOUSE BILL NO. 1133,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1136,

ENGROSSED HOUSE BILL NO. 1146,

HOUSE BILL NO. 1151,

HOUSE BILL NO. 1155,

SUBSTITUTE HOUSE BILL NO. 1159,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1160,

ENGROSSED HOUSE BILL NO. 1177,

SUBSTITUTE HOUSE BILL NO. 1190,

HOUSE BILL NO. 1203,

HOUSE BILL NO. 1204,

HOUSE BILL NO. 1206,

SUBSTITUTE HOUSE BILL NO. 1210,

HOUSE BILL NO. 1220,

SUBSTITUTE HOUSE BILL NO. 1221,

HOUSE BILL NO. 1224,

SUBSTITUTE HOUSE BILL NO. 1235,

HOUSE BILL NO. 1243,

SUBSTITUTE HOUSE BILL NO. 1254,

ENGROSSED HOUSE BILL NO. 1256,

ENGROSSED HOUSE BILL NO. 1261,

SUBSTITUTE HOUSE BILL NO. 1267,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1268,

SUBSTITUTE HOUSE BILL NO. 1276,

HOUSE BILL NO. 1277,

SUBSTITUTE HOUSE BILL NO. 1287,

HOUSE BILL NO. 1290,

HOUSE BILL NO. 1295,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1298,

SUBSTITUTE HOUSE BILL NO. 1299,

SUBSTITUTE HOUSE BILL NO. 1300,

SUBSTITUTE HOUSE BILL NO. 1308,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1309,

HOUSE BILL NO. 1315,

ENGROSSED HOUSE BILL NO. 1330,

SUBSTITUTE HOUSE BILL NO. 1336,

HOUSE BILL NO. 1359,

HOUSE BILL NO. 1361,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1363,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1368,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1369,

SUBSTITUTE HOUSE BILL NO. 1375,

HOUSE BILL NO. 1376,

HOUSE BILL NO. 1394,

SUBSTITUTE HOUSE BILL NO. 1396,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1399,

ENGROSSED HOUSE BILL NO. 1402,

ENGROSSED HOUSE BILL NO. 1404,

HOUSE BILL NO. 1406,

HOUSE BILL NO. 1410,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1412,

SUBSTITUTE HOUSE BILL NO. 1418,

HOUSE BILL NO. 1419,

HOUSE BILL NO. 1424,

SUBSTITUTE HOUSE BILL NO. 1429,

ENGROSSED HOUSE BILL NO. 1437,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1441,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1442,

SUBSTITUTE HOUSE BILL NO. 1443,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1445,

HOUSE BILL NO. 1447,

HOUSE BILL NO. 1460,

HOUSE BILL NO. 1466,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471,

ENGROSSED HOUSE BILL NO. 1510,

SUBSTITUTE HOUSE BILL NO. 1514,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1519,

ENGROSSED HOUSE BILL NO. 1536,

SUBSTITUTE HOUSE BILL NO. 1547,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1552,

HOUSE BILL NO. 1557,

HOUSE BILL NO. 1561,

SUBSTITUTE HOUSE BILL NO. 1567,

HOUSE BILL NO. 1572,

SUBSTITUTE HOUSE BILL NO. 1583,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1585,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1603,

HOUSE BILL NO. 1606,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1630,

HOUSE BILL NO. 1632,

SUBSTITUTE HOUSE BILL NO. 1640,

ENGROSSED HOUSE BILL NO. 1653,

HOUSE BILL NO. 1677,

SUBSTITUTE HOUSE BILL NO. 1681,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1688,

SUBSTITUTE HOUSE BILL NO. 1690,

HOUSE BILL NO. 1694,

ENGROSSED HOUSE BILL NO. 1695,

SUBSTITUTE HOUSE BILL NO. 1703,

SUBSTITUTE HOUSE BILL NO. 1704,

HOUSE BILL NO. 1705,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1724,

SUBSTITUTE HOUSE BILL NO. 1728,

HOUSE BILL NO. 1731,

HOUSE BILL NO. 1735,

SUBSTITUTE HOUSE BILL NO. 1737,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1739,

SUBSTITUTE HOUSE BILL NO. 1743,

ENGROSSED HOUSE BILL NO. 1756,

SUBSTITUTE HOUSE BILL NO. 1759,

HOUSE BILL NO. 1764,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1768,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1771,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1776,

HOUSE BILL NO. 1777,

SUBSTITUTE HOUSE BILL NO. 1781,

SUBSTITUTE HOUSE BILL NO. 1795,

SUBSTITUTE HOUSE BILL NO. 1799,

HOUSE BILL NO. 1804,

SUBSTITUTE HOUSE BILL NO. 1814,

HOUSE BILL NO. 1833,

HOUSE BILL NO. 1842,

SUBSTITUTE HOUSE BILL NO. 1844,

HOUSE BILL NO. 1867,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1871,

SUBSTITUTE HOUSE BILL NO. 1877,

SUBSTITUTE HOUSE BILL NO. 1879,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1897,

SUBSTITUTE HOUSE BILL NO. 1914,

ENGROSSED HOUSE BILL NO. 1925,

SUBSTITUTE HOUSE BILL NO. 1928,

HOUSE BILL NO. 1929,

HOUSE BILL NO. 1930,

HOUSE BILL NO. 1940,

SUBSTITUTE HOUSE BILL NO. 1941,

HOUSE BILL NO. 1942,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1949,

SUBSTITUTE HOUSE BILL NO. 1955,

SUBSTITUTE HOUSE BILL NO. 1959,

SUBSTITUTE HOUSE BILL NO. 1969,

HOUSE BILL NO. 1975,

SUBSTITUTE HOUSE BILL NO. 1976,

HOUSE BILL NO. 1985,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1997,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1999,

SUBSTITUTE HOUSE BILL NO. 2003,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2004,

SUBSTITUTE HOUSE BILL NO. 2007,

HOUSE BILL NO. 2029,

SUBSTITUTE HOUSE BILL NO. 2047,

HOUSE BILL NO. 2049,

ENGROSSED HOUSE BILL NO. 2122,

HOUSE JOINT MEMORIAL NO. 4009,

HOUSE JOINT MEMORIAL NO. 4016,

HOUSE CONCURRENT RESOLUTION NO. 4412.

SIGNED BY THE PRESIDENT

The President signed:

SENATE CONCURRENT RESOLUTION NO. 8412,

SENATE CONCURRENT RESOLUTION NO. 8413.

MESSAGES FROM THE HOUSE

April 25, 1993

MR. PRESIDENT:

Under the provisions of SENATE CONCURRENT RESOLUTION NO. 8412, the House returns herewith the following Senate Bills:

ENGROSSED SENATE BILL NO. 5018,

ENGROSSED SENATE BILL NO. 5020,

SENATE BILL NO. 5024,

SENATE BILL NO. 5028,

SUBSTITUTE SENATE BILL NO. 5034,

SUBSTITUTE SENATE BILL NO. 5044,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5050,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5061,

SENATE BILL NO. 5062,

SENATE BILL NO. 5094,

SENATE BILL NO. 5104,

ENGROSSED SENATE BILL NO. 5120,

SUBSTITUTE SENATE BILL NO. 5129,

SUBSTITUTE SENATE BILL NO. 5130,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5131,

SUBSTITUTE SENATE BILL NO. 5135,

ENGROSSED SENATE BILL NO. 5138,

SENATE BILL NO. 5149,

ENGROSSED SENATE BILL NO. 5155,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5162,

SENATE BILL NO. 5164,

SENATE BILL NO. 5172,

SENATE BILL NO. 5180,

SUBSTITUTE SENATE BILL NO. 5212,

SUBSTITUTE SENATE BILL NO. 5219,

SUBSTITUTE SENATE BILL NO. 5221,

SUBSTITUTE SENATE BILL NO. 5222,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5226,

SENATE BILL NO. 5228,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5230,

SENATE BILL NO. 5242,

SUBSTITUTE SENATE BILL NO. 5246,

SENATE BILL NO. 5247,

SENATE BILL NO. 5248,

SUBSTITUTE SENATE BILL NO. 5256,

SECOND SUBSTITUTE SENATE BILL NO. 5264,

SUBSTITUTE SENATE BILL NO. 5274,

SUBSTITUTE SENATE BILL NO. 5278,

SUBSTITUTE SENATE BILL NO. 5284,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5285,

SENATE BILL NO. 5287,

SENATE BILL NO. 5301,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5306,

SUBSTITUTE SENATE BILL NO. 5329,

SENATE BILL NO. 5334,

SENATE BILL NO. 5340,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5341,

ENGROSSED SENATE BILL NO. 5355,

SENATE BILL NO. 5363,

ENGROSSED SENATE BILL NO. 5367,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5372,

SENATE BILL NO. 5381,

SUBSTITUTE SENATE BILL NO. 5390,

SUBSTITUTE SENATE BILL NO. 5391,

SUBSTITUTE SENATE BILL NO. 5392,

SUBSTITUTE SENATE BILL NO. 5395,

SUBSTITUTE SENATE BILL NO. 5397,

SUBSTITUTE SENATE BILL NO. 5405,

SUBSTITUTE SENATE BILL NO. 5418,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5425,

SUBSTITUTE SENATE BILL NO. 5430,

SUBSTITUTE SENATE BILL NO. 5445,

SENATE BILL NO. 5447,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5454,

SENATE BILL NO. 5470,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5477,

SUBSTITUTE SENATE BILL NO. 5481,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5491,

SENATE BILL NO. 5509,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5510,

SUBSTITUTE SENATE BILL NO. 5512,

SECOND SUBSTITUTE SENATE BILL NO. 5514,

ENGROSSED SENATE BILL NO. 5522,

SENATE BILL NO. 5526,

SUBSTITUTE SENATE BILL NO. 5537,

ENGROSSED SENATE BILL NO. 5544,

SUBSTITUTE SENATE BILL NO. 5557,

SENATE BILL NO. 5563,

SENATE BILL NO. 5568,

SUBSTITUTE SENATE BILL NO. 5590,

SUBSTITUTE SENATE BILL NO. 5608,

ENGROSSED SENATE BILL NO. 5613,

SUBSTITUTE SENATE BILL NO. 5620,

SENATE BILL NO. 5632,

SUBSTITUTE SENATE BILL NO. 5636,

SENATE BILL NO. 5645,

SUBSTITUTE SENATE BILL NO. 5652,

SUBSTITUTE SENATE BILL NO. 5657,

SENATE BILL NO. 5659,

SUBSTITUTE SENATE BILL NO. 5665,

SENATE BILL NO. 5667,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5671,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5682,

SENATE BILL NO. 5689,

SUBSTITUTE SENATE BILL NO. 5698,

SECOND SUBSTITUTE SENATE BILL NO. 5715,

SENATE BILL NO. 5725,

SUBSTITUTE SENATE BILL NO. 5739,

SUBSTITUTE SENATE BILL NO. 5753,

SENATE BILL NO. 5757,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5773,

SENATE BILL NO. 5779,

ENGROSSED SENATE BILL NO. 5780,

SENATE BILL NO. 5787,

SUBSTITUTE SENATE BILL NO. 5800,

ENGROSSED SENATE BILL NO. 5843,

SECOND SUBSTITUTE SENATE BILL NO. 5850,

SENATE BILL NO. 5870,

SUBSTITUTE SENATE BILL NO. 5874,

SUBSTITUTE SENATE BILL NO. 5909,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5910,

SUBSTITUTE SENATE BILL NO. 5918,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5940,

SENATE BILL NO. 5943,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5972,

SENATE JOINT MEMORIAL NO. 8001,

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8005, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

Under the provisions of SENATE CONCURRENT RESOLUTION NO. 8412, the House returns herewith the following Senate Bills:

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5521,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5605,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5794,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5982,

SENATE JOINT MEMORIAL NO. 8000,

SENATE CONCURRENT RESOLUTION NO. 8406,

SENATE CONCURRENT RESOLUTION NO. 8409, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The Speaker has signed:

ENGROSSED HOUSE BILL NO. 1175,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1236,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1307,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1372,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1493,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1512,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1529,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1562,

ENGROSSED HOUSE BILL NO. 1708,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1785,

SUBSTITUTE HOUSE BILL NO. 1855,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1862,

SUBSTITUTE HOUSE BILL NO. 2070,

SUBSTITUTE HOUSE BILL NO. 2098, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The Speaker has signed SENATE CONCURRENT RESOLUTION NO. 8412, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk

April 25, 1993

MR. PRESIDENT:

The Speaker has signed SENATE CONCURRENT RESOLUTION NO. 8413, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

ENGROSSED HOUSE BILL NO. 1175,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1236,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1307,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1372,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1493,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1512,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1529,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1562,

ENGROSSED HOUSE BILL NO. 1708,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1785,

SUBSTITUTE HOUSE BILL NO. 1855,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1862,

SUBSTITUTE HOUSE BILL NO. 2070,

SUBSTITUTE HOUSE BILL NO. 2098.

MOTION

On motion of Senator Jesernig, the following bills on the Conference Calendar, the Concurring Calendar and the Second Reading Calendar were referred to the Committee on Rules:

BILLS FROM CONFERENCE CALENDAR REFERRED TO RULES

THIRD READING

SSB 5044 City/town incorprtn procdurs

SSB 5405 School district compet bids

2SSB 5781 Higher education access

SB 5925 f Lodging tax

ESSB 5972 $ Transportation budget

BILLS ON CONCURRING CALENDAR REFERRED TO RULES

THIRD READING

ESSB 5054 Sports memorabilia sales

E2SSB 5451 Sentencing for felons

SSB 5717 $ 1993-95 capital budget

ESB 5719 General obligation bonds

ESSB 5967 State revenues increase

SSB 5968 $ 1993-95 operating budget

ESB 5983 Agriculture fees

SSCR 8400 Taiwan sister state

BILLS ON SECOND READING CALENDAR REFERRED TO RULES

SECOND READING

SB 5724 f Nursing home auditing/reimbu

SB 5976 Advertising state measures

SB 5980 Fishing licenses

SCR 8410 Workers' comp task force

PERSONAL PRIVILEGE

Senator Sutherland: "Mr. President, a point of personal privilege. I would like to draw the attention to the more freshmen members and the little weather vanes that are blowing and going around repeatedly in the back of the room. I think that is probably from the excitement and the waiting of the Sine Die from the freshman row."

MOTION

On motion of Senator Jesernig, the Senate Journal for the one hundred-fifth day of the 1993 Regular Session of the Fifty-third Legislature was approved.

MOTION

At 8:43 p.m., on motion of Senator Jesernig, the 1993 Regular Session of the Fifty-third Legislature adjourned Sine Die.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate