NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
FORTIETH DAY
------------
MORNING SESSION
------------
Senate Chamber, Olympia, Friday, February 18, 1994
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Anderson, Deccio, McCaslin, Niemi and Schow. On motion of Senator Oke, Senators Anderson, Deccio, McCaslin and Schow were excused.
The Sergeant at Arms Color Guard, consisting of Pages Malynda Boggs and Jacqueline Whitfield, presented the Colors. Senator Dean Sutherland offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
February 17, 1994
SB 6084 Prime Sponsor, Vognild: Making supplemental transportation appropriations. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 6084 be substituted therefor, and the substitute bill do pass. Signed by Senators Vognild, Chair; Loveland, Vice Chair; Skratek, Vice Chair; Drew, Morton, Nelson, Oke, Prentice, Rasmussen, Schow, Sheldon and Winsley.
HOLD.
February 17, 1994
SB 6243 Prime Sponsor, Rinehart: Relating to the capital budget. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 6243 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Quigley, Vice Chair; Bauer, Bluechel, Gaspard, Hargrove, Ludwig, McDonald, Moyer, Niemi, Owen, Pelz, Snyder, Spanel, Sutherland, Talmadge and Wojahn.
HOLD.
February 17, 1994
SB 6244 Prime Sponsor, Rinehart: Making appropriations. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 6244 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Quigley, Vice Chair; Bauer, Gaspard, Hargrove, Ludwig, Niemi, Owen, Pelz, Snyder, Spanel, Sutherland, Talmadge and Wojahn.
HOLD.
February 16, 1994
2SHB 1009 Prime Sponsor, House Committee on Judiciary: Prescribing liabilities for lis pendens filings. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators A. Smith, Chair; Ludwig, Vice Chair; Nelson, Quigley, Roach and Schow.
Passed to Committee on Rules for second reading.
February 17, 1994
ESHB 1018 Prime Sponsor, House Committee on Local Government: Making the office of sheriff nonpartisan. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Drew, Vice Chair; Oke, Owen and Winsley.
MINORITY Recommendation: Do not pass. Signed by Senator Loveland.
Passed to Committee on Rules for second reading.
February 17, 1994
HB 1020 Prime Sponsor, Representative Springer: Clarifying the authority of towns to manage property. Reported by Committee on Government Operations
MAJORITY recommendation: Do pass. Signed by Senators Haugen, Chair; Drew, Vice Chair; Loveland, Oke, Owen and Winsley.
Passed to Committee on Rules for second reading.
February 16, 1994
HB 1133 Prime Sponsor, Representative Kremen: Allowing the assignment of claims for unlawful conversion of goods and unlawful leaving without paying. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators A. Smith, Chair; Ludwig, Vice Chair; Nelson, Quigley, Roach and Schow.
Passed to Committee on Rules for second reading.
February 16, 1994
HB 1929 Prime Sponsor, Representative R. Fisher: Adjusting requirements for regional transportation planning organizations. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators Vognild, Chair; Loveland, Vice Chair; Skratek, Vice Chair; Drew, Haugen, Morton, Nelson, Oke, Prentice, Rasmussen, Schow, Sellar, Sheldon and Winsley.
Passed to Committee on Rules for second reading.
February 17, 1994
SHB 1955 Prime Sponsor, State Committee on Local Government: Concerning hearings related to improvement districts. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Drew, Vice Chair; Loveland, Oke, Owen and Winsley.
Passed to Committee on Rules for second reading.
February 16, 1994
HB 2169 Prime Sponsor, Representative R. Fisher: Establishing board membership criteria for regional transit authorities. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Vognild, Chair; Loveland, Vice Chair; Skratek, Vice Chair; Drew, Haugen, Morton, Oke, Prentice, Rasmussen, Schow, Sellar, Sheldon and Winsley.
Passed to Committee on Rules for second reading.
February 17, 1994
HB 2187 Prime Sponsor, Representative Dunshee: Concerning the merger of fire protection districts. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Drew, Vice Chair; Loveland, Oke, Owen and Winsley.
Passed to Committee on Rules for second reading.
February 16, 1994
HB 2282 Prime Sponsor, Representative Holm: Providing that a district court judges salary is not reduced when a pro tempore judge serves due to an affidavit of prejudice. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators A. Smith, Chair; Ludwig, Vice Chair; Nelson, Quigley, Roach and Schow.
Passed to Committee on Rules for second reading.
February 16, 1994
SHB 2430 Prime Sponsor, House Committee on Financial Institutions and Insurance: Correcting an error concerning midwifery and birth center malpractice insurance. Reported by Committee on Labor and Commerce
MAJORITY Recommendation: Do pass. Signed by Senators Moore, Chair; Prentice, Vice Chair; Amondson, Deccio, Fraser, McAuliffe, Newhouse, Prince, Sellar, Sutherland, Vognild and Wojahn.
Passed to Committee on Rules for second reading.
February 16, 1994
SHB 2438 Prime Sponsor, House Committee on Financial Institutions and Insurance: Making technical corrections for the department of financial institutions. Reported by Committee on Labor and Commerce
MAJORITY Recommendation: Do pass. Signed by Senators Moore, Chair; Prentice, Vice Chair; Amondson, Deccio, Fraser, McAuliffe, Newhouse, Pelz, Prince, Sellar, Sutherland, Vognild and Wojahn.
Passed to Committee on Rules for second reading.
February 16, 1994
HB 2494 Prime Sponsor, Representative Jones: Requiring moving companies to use a Washington utilities and transportation commission permit number for advertisements. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Senators Vognild, Chair; Loveland, Vice Chair; Skratek, Vice Chair; Drew, Haugen, Oke, Prentice, Rasmussen, Schow, Sheldon and Winsley.
MINORITY Recommendation: Do not pass. Signed by Senator Morton.
Passed to Committee on Rules for second reading.
MOTIONS
On motion of Senator Spanel, the rules were suspended, Senate Bill No. 6084 was advanced to second reading and placed on the second reading calendar.
On motion of Senator Spanel, the rules were suspended, Senate Bill No. 6243 was advanced to second reading and placed on the second reading calendar.
On motion of Senator Spanel, the rules were suspended, Senate Bill No. 6244 was advanced to second reading and placed on the second reading calendar.
MESSAGE FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENT
February 16, 1994
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Patrick Fahey, appointed February 16, 1994, for a term ending March 26, 1997, as a member of the Higher Education Facilities Authority.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Higher Education.
SECOND READING
GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Sheldon, Gubernatorial Appointment No. 9387, Betty Eager, as a member of the Board of Trustees for Olympic Community College District No. 3, was confirmed.
APPOINTMENT OF BETTY EAGER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.
Absent: Senator Niemi - 1.
Excused: Senators Anderson, Deccio, McCaslin and Schow - 4.
MOTION
On motion of Senator Rasmussen, Gubernatorial Appointment No. 9382, Ronald C. Claudon, as a member of the Board of Trustees for Green River Community College District No. 10, was confirmed.
Senators Rasmussen and Roach spoke to the confirmation of Ronald C. Claudon as a member of the Board of Trustees for Green River Community College District No. 10.
APPOINTMENT OF RONALD C. CLAUDON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 45.
Absent: Senators Niemi and West - 2.
Excused: Senators McCaslin and Schow - 2.
MOTION
At 10:22 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:41 a.m. by President Pritchard.
MOTION
On motion of Senator Rasmussen, Gubernatorial Appointment No. 9388, Myrna J. Emerick, as a member of the Board of Trustees for Lower Columbia Community College District No. 13, was confirmed.
APPOINTMENT OF MYRNA J. EMERICK
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 45.
Absent: Senators Sellar and West - 2.
Excused: Senators McCaslin and Schow - 2.
MOTION
On motion of Senator Anderson, Senator West was excused.
MOTION
On motion of Senator Bauer, Gubernatorial Appointment No. 9304, Ruthann Kurose, as a member of the Board of Trustees for Bellevue Community College District No. 8, was confirmed.
APPOINTMENT OF RUTHANN KUROSE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 47.
Excused: Senators McCaslin and West - 2.
MOTION
On motion of Senator Bauer, Gubernatorial Appointment No. 9400, Grace T. Yuan, as a member of the Board of Trustees for Western Washington University, was confirmed.
APPOINTMENT OF GRACE T. YUAN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator McCaslin - 1.
MOTION
On motion of Senator Gaspard, the Senate commenced consideration of Senate Bill No. 6243.
SECOND READING
SENATE BILL NO. 6243, by Senators Rinehart and Quigley (by request of Office of Financial Management)
Relating to the capital budget.
MOTIONS
On motion of Senator Quigley, Substitute Senate Bill No. 6243 was substituted for Senate Bill No. 6243 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Quigley, the rules were suspended, Substitute Senate Bill No. 6243 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 Senate Bill No. 6243.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6243 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.
Voting nay: Senators Anderson and Oke - 2.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6243, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate commenced consideration of Senate Bill No. 6084.
SECOND READING
SENATE BILL NO. 6084, by Senator Vognild (by request of Office of Financial Management)
Making supplemental transportation appropriations.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 6084 was substituted for Senate Bill No. 6084 and the substitute bill was placed on second reading and read the second time.
Senator Haugen moved that the following amendments be considered simultaneously and be adopted:
On page 16, line 11, strike "$22,900,000" and insert "$27,900,000"
On page 18, line 28, strike "((5,020,000)) 10,020,000" and insert "5,020,000"
On page 19, after line 2, strike all material through "commission." on line 5
Debate ensued.
POINT OF INQUIRY
Senator Deccio: "Senator Vognild, there is a fund that has been set aside that is available for the building of a new track and I understand that this would be in addition to that fund that already exits?"
Senator Vognild: "Senator, the fund that is being referred to is as a set aside is just a little more than eight million dollars. That is money which belongs to the Horse Racing Society. It is a set aside from the--I forget what they call it--but from the betting receipts, the money that comes from the betting receipts. It is a set aside that has been put into a fund to build the facility.
"This money has nothing to do with building a facility. This is not a grant to any private organization. This money says that when they site that facility, those portions of the highway infrastructure which the state is responsible for, we are willing to step up and say we will do."
Senator Deccio: "Another question, you know there is a lot of pressure on the commission to go to another site. Would this money, then, build that pressure on the commission to look at some other sites?"
Senator Vognild: "Senator, not in my opinion, it would not. Any of the sites that I know of that are being considered all require rather extensive highway infrastructure surrounding them beyond what they have to pay for in the impact fees."
Senator Deccio: "Thank you, Senator Vognild."
Further debate ensued.
POINT OF INQUIRY
Senator Nelson: "Senator Vognild, in this Section 20, this additional money is coming from the sale of bonds and the specific language that has been entered in this section is providing five million dollars from this source--the bonds--to support the development of a horse racing facility approved by the Horse Racing Commission. Keeping in mind that many of those who have spoken thus far, probably have in mind a track at Auburn or at Fife or Yakima or some place or Monroe, but is it not true, Senator Vognild, that if a track were approved by the Horse Racing Commission that would be located on the Muckleshoot Indian Grounds or at Tulalip and it was first in line, this section would, in fact, provide those moneys for building the infrastructure on those tribal grounds?"
Senator Vognild: "I would say, 'yes.' The language is intentionally written so that any facility which is approved by the commission and then needs state funded infrastructure, this would apply."
POINT OF INQUIRY
Senator West: "Senator Vognild, do you have any information that would lead you to believe that any of this money would be expended in this biennium?"
Senator Vognild: "Senator, if it is not spent in the biennium, it will be returned to the transportation fund. I certainly hope that does not happen. I hope the facility is sited. I have no inside knowledge one way or the other."
Senator West: "In the meantime, the five million dollars that is set aside--if that weren't set aside, could that be expended for transportation projects in each of our districts or somewhere else in the state?"
Senator Vognild: "As far as construction work is concerned, the answer to that is 'no, it would not be.' As far as some advanced planning and engineering, possibly; I do not know."
Senator West: "Thank you."
Further debate ensued.
REQUEST TO BE EXCUSED
Senator Talmadge cited Senate Rule No. 22 and requested to be excused from voting on the amendments by Senator Haugen to Substitute Senate Bill No. 6084, because of a possible conflict of interest.
EDITOR'S NOTE: Senate Rule No. 22 states: 'A member not voting by reason of personal or direct interest, or by reason of an excused absence, may explain the reason for not voting by a brief statement not to exceed fifty words in the journal.'
The President declared the question before the Senate to be the adoption of the amendments by Senator Haugen on page 16, line 11; page 18, line 28; and page 19, after line 2; to Substitute Senate Bill No. 6084.
The motion by Senator Haugen failed and the amendments were not adopted.
MOTION
Senator Nelson moved that the following amendment by Senators Nelson and Vognild be adopted:
On page 30, after line 2, insert the following:
"NEW SECTION. Sec. 38. This supplemental transportation budget assumes a $95 million appropriation to the transportation fund from the general fund to be specified in the supplemental operating budget. The $95 million appropriation is for the purposes provided for in section 17 of this act."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Nelson and Vognild on page 30, after line 2, to Substitute Senate Bill No. 6084.
The motion by Senator Nelson carried and the amendment was adopted.
MOTION
On motion of Senator Vognild, the rules were suspended, Engrossed Substitute Senate Bill No. 6084 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6084.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6084 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 46.
Voting nay: Senators Haugen and Talmadge - 2.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6084, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6244, by Senators Rinehart and Quigley (by request of Office of Financial Management)
Making appropriations.
MOTIONS
On motion of Senator Rinehart, Substitute Senate Bill No. 6244 was substituted for Senate Bill No. 6244 and the substitute bill was placed on second reading and read the second time.
Senator West moved that the following amendments be considered simultaneously and be adopted:
On page 2, line 21, increase the General Fund Appropriation by $40,000 and adjust the total appropriation accordingly
On page 4, after line 4, insert the following:
"(6) $40,000 of the general fund appropriation is provided solely for the legislative budget committee to provide an evaluation of the department of health's immunization program and report back to the legislature by October 31, 1994. The program performance audit shall include: Analysis of the distribution and utilization of vaccines by local health departments and private physicians; identification of destroyed and unused amounts of vaccine; and evaluation of the department's program to increase the rate of vaccination of children two years old and under."
On page 61, line 15, decrease the General Fund--State Appropriation by $40,000 and adjust the total appropriation accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator West on page 2, line 21;
page 4, after line 4; and page 61, line 15; to Substitute Senate Bill No. 6244.
The motion by Senator West failed and the amendments were not adopted.
MOTION
On motion of Senator Oke, Senator Amondson was excused.
MOTION
Senator Cantu moved that the following amendments by Senators Cantu and Moyer be considered simultaneously and be adopted:
On page 10, line 6, increase the General Fund--State appropriation by $1,781,000 and adjust the total appropriation accordingly.
On page 10, line 18, strike "(((1)))" and insert "(1)"
On page 10, after line 23, insert the following:
"(2) $1,781,000 of the general fund--state appropriation is provided solely to implement Senate Bill No. 5992 (performance audits of state agencies)."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Cantu and Moyer on page 10, lines 6, 18 and 23, to Substitute Senate Bill No. 6244.
The motion by Senator Cantu failed and the amendments were not adopted.
MOTIONS
On motion of Senator Loveland, the following amendments by Senators Loveland, Snyder, Hochstatter, Rasmussen, Moore, Rinehart, Erwin, Morton, Owen, Bauer, Ludwig, Prince, Moyer, Haugen, Drew, Hargrove, Sheldon, Oke, Roach and Schow were considered simultaneously and were adopted:
On page 70, line 29, decrease the Water Quality Account appropriation by $250,000 and adjust the total appropriation accordingly.
On page 74, line 17, strike "2,000,000" and insert "1,750,000"
On page 77, line 14, increase the Water Quality Account appropriation by $250,000 and adjust the total appropriation accordingly.
On page 77, line 26, after "appropriation" strike "is" and insert "((is)) and $250,000 of the water quality account appropriation are"
Senator McDonald moved that the following amendments be considered simultaneously and be adopted:
On page 109, line 7, strike "672,558,000" and insert "680,560,000"
On page 109, line 14, strike "719,093,000" and insert "727,095,000"
On page 110, beginning on line 15, after "staff;" strike all material down to and including "year" on line 21, and insert the following:
"(b) $1,750,000 of the general fund--state appropriation is provided solely for incremental salary increases for faculty; and
(c) $1,950,000 of the general fund--state appropriation is provided solely for incremental salary increases for classified employees.
(d) It is the intent of the legislature that the increases under (b) and (c) of this subsection shall be funded by savings achieved in state general fund expenditures for the 1993-1995 fiscal biennium. To achieve the savings necessary to fund this appropriation, the office of financial management shall immediately make across-the-board reductions in state general fund allotments to all state agencies and institutions for furnishings, equipment, software, travel, goods and services, and other support costs"
On page 128, after line 36, insert the following:
"NEW SECTION. Sec. 713. A new section is added to 1993 sp.s. c 24 to read as follows:
The sum of $71,832,000, or as much thereof as may be necessary, is appropriated from the general fund to the superintendent of public instruction for allocation to school districts for the biennium ending June 30, 1995, to provide an average salary increase of three percent for all state-supported certificated instructional staff, state-supported certificated administrative staff, and state-supported classified staff, effective September 1, 1994. For the 1994-95 school year, the superintendent of public instruction shall modify the state-wide salary allocation schedule in section 503, chapter 24, Laws of 1993 sp. sess. (uncodified) and LEAP Document 12B to reflect the average three percent salary increase.
The appropriation in this section shall be allocated by the superintendent of public instruction according to the number of staff formula units generated in the following programs: General apportionment, pupil transportation, handicapped education, educational service districts, institutional education, the highly capable program, transitional bilingual program, and the learning assistance program.
It is the intent of the legislature that this appropriation shall be funded by savings achieved in state general fund expenditures for the 1993-1995 fiscal biennium. To achieve the savings necessary to fund this appropriation, the office of financial management shall immediately make across-the-board reductions in state general fund allotments to all state agencies and institutions for furnishings, equipment, software, travel, goods and services, and other support costs.
Sec. 714. RCW 41.06.150 and 1993 sp.s. c 24 s 913 and 1993 c 281 s 27 are each reenacted and amended to read as follows:
The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed for:
(1) The reduction, dismissal, suspension, or demotion of an employee;
(2) Certification of names for vacancies, including departmental promotions, with the number of names equal to six more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;
(3) Examinations for all positions in the competitive and noncompetitive service;
(4) Appointments;
(5) Training and career development;
(6) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except that entry level state park rangers shall serve a probationary period of twelve months;
(7) Transfers;
(8) Sick leaves and vacations;
(9) Hours of work;
(10) Layoffs when necessary and subsequent reemployment, both according to seniority;
(11) Determination of appropriate bargaining units within any agency: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;
(12) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;
(13) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;
(14) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;
(15) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position. However, beginning July 1, 1993, through June 30, 1995, the board shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net cost savings, increased efficiencies, or improved management of personnel or services, and the proposed revision or study has been approved by the director of financial management in accordance with chapter 43.88 RCW;
(16) Allocation and reallocation of positions within the classification plan;
(17) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;
(18) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service. However, beginning July 1, 1993, through June 30, 1995, increment increases shall not be provided to any classified or exempt employees under the jurisdiction of the board whose monthly salary on or after July 1, 1993, exceeds three thousand seven hundred fifty dollars, except for increases authorized under sections 713 and 601(6), chapter . . ., Laws of 1994 (uncodified) (S-5216.4/94);
(19) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;
(20) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;
(21) Assuring persons who are or have been employed in classified positions under chapter 28B.16 RCW before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;
(22) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.
The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables."
On page 137, after line 32, insert the following:
"Sec. 903. 1993 sp.s. c 24 s 915 (uncodified) is amended to read as follows:
(1) Beginning July 1, 1993, and until June 30, 1995, no state agency may grant a salary increase to any employee who is exempt from chapter 41.06 RCW and whose monthly salary on or after July 1, 1993, exceeds $3,750, except exempt employees whose salaries are determined by an elected state official or the judicial branch and increases permitted under sections 713 and 601(6), chapter . . ., Laws of 1994 (uncodified) (S-5216.4/94).
(2) Beginning July 1, 1993, and until June 30, 1995, no institution of higher education may provide, from appropriations in this act, a salary increase to any employee who is exempt from chapter 41.06 RCW and whose monthly salary on or after July 1, 1993, exceeds $3,750, except increases permitted under sections 713 and 601(6), chapter . . ., Laws of 1994 (uncodified) (S-5216.4/94).
(3) It is the intent of the legislature to freeze salaries for all employees whose annual salary is greater than $45,000. In order to maintain equity and fairness across all employee groups, the legislature encourages state-wide elected officials and the judicial branch not to grant salary increases to employees who earn more than $45,000 a year."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator McDonald on page 109, lines 7 and 14; page 110, beginning on line 15; page 128, after line 36; and page 137, after line 32; to Substitute Senate Bill No. 6244.
The motion by Senator McDonald failed and the amendments were not adopted.
MOTION
Senator McDonald moved that the following amendments be considered simultaneously and be adopted:
On page 109, line 7, strike "672,558,000" and insert "680,560,000"
On page 109, line 14, strike "719,093,000" and insert "727,095,000"
On page 110, beginning on line 15, after "staff;" strike all material down to and including "year" on line 21, and insert the following:
"(b) $1,750,000 of the general fund--state appropriation is provided solely for incremental salary increases for faculty; and
(c) $1,950,000 of the general fund--state appropriation is provided solely for incremental salary increases for classified employees"
On page 128, after line 36, insert the following:
"NEW SECTION. Sec. 713. A new section is added to 1993 sp.s. c 24 to read as follows:
The sum of $71,832,000, or as much thereof as may be necessary, is appropriated from the general fund to the superintendent of public instruction for allocation to school districts for the biennium ending June 30, 1995, to provide an average salary increase of three percent for all state-supported certificated instructional staff, state-supported certificated administrative staff, and state-supported classified staff, effective September 1, 1994. For the 1994-95 school year, the superintendent of public instruction shall modify the state-wide salary allocation schedule in section 503, chapter 24, Laws of 1993 sp. sess. (uncodified) and LEAP Document 12B to reflect the average three percent salary increase.
The appropriation in this section shall be allocated by the superintendent of public instruction according to the number of staff formula units generated in the following programs: General apportionment, pupil transportation, handicapped education, educational service districts, institutional education, the highly capable program, transitional bilingual program, and the learning assistance program.
Sec. 714. RCW 41.06.150 and 1993 sp.s. c 24 s 913 and 1993 c 281 s 27 are each reenacted and amended to read as follows:
The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed for:
(1) The reduction, dismissal, suspension, or demotion of an employee;
(2) Certification of names for vacancies, including departmental promotions, with the number of names equal to six more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;
(3) Examinations for all positions in the competitive and noncompetitive service;
(4) Appointments;
(5) Training and career development;
(6) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except that entry level state park rangers shall serve a probationary period of twelve months;
(7) Transfers;
(8) Sick leaves and vacations;
(9) Hours of work;
(10) Layoffs when necessary and subsequent reemployment, both according to seniority;
(11) Determination of appropriate bargaining units within any agency: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;
(12) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;
(13) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;
(14) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;
(15) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position. However, beginning July 1, 1993, through June 30, 1995, the board shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net cost savings, increased efficiencies, or improved management of personnel or services, and the proposed revision or study has been approved by the director of financial management in accordance with chapter 43.88 RCW;
(16) Allocation and reallocation of positions within the classification plan;
(17) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;
(18) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service. However, beginning July 1, 1993, through June 30, 1995, increment increases shall not be provided to any classified or exempt employees under the jurisdiction of the board whose monthly salary on or after July 1, 1993, exceeds three thousand seven hundred fifty dollars, except for increases authorized under sections 713 and 601(6), chapter . . ., Laws of 1994 (uncodified) (S-5216.4/94);
(19) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;
(20) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;
(21) Assuring persons who are or have been employed in classified positions under chapter 28B.16 RCW before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;
(22) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.
The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables."
On page 137, after line 32, insert the following:
"Sec. 903. 1993 sp.s. c 24 s 915 (uncodified) is amended to read as follows:
(1) Beginning July 1, 1993, and until June 30, 1995, no state agency may grant a salary increase to any employee who is exempt from chapter 41.06 RCW and whose monthly salary on or after July 1, 1993, exceeds $3,750, except exempt employees whose salaries are determined by an elected state official or the judicial branch and increases permitted under sections 713 and 601(6), chapter . . ., Laws of 1994 (uncodified) (S-5216.4/94).
(2) Beginning July 1, 1993, and until June 30, 1995, no institution of higher education may provide, from appropriations in this act, a salary increase to any employee who is exempt from chapter 41.06 RCW and whose monthly salary on or after July 1, 1993, exceeds $3,750, except increases permitted under sections 713 and 601(6), chapter . . ., Laws of 1994 (uncodified) (S-5216.4/94).
(3) It is the intent of the legislature to freeze salaries for all employees whose annual salary is greater than $45,000. In order to maintain equity and fairness across all employee groups, the legislature encourages state-wide elected officials and the judicial branch not to grant salary increases to employees who earn more than $45,000 a year."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
Senator Anderson demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator McDonald on page 109, lines 7 and 14; page 110, beginning on line 15; page 128, after line 36; and page 137, after line 32; to Substitute Senate Bill No. 6244.
ROLL CALL
The Secretary called the roll and the amendments by Senator McDonald were not adopted by the following vote: Yeas, 16; Nays, 31; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bluechel, Deccio, Erwin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, West and Winsley - 16.
Voting nay: Senators Bauer, Cantu, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 31.
Excused: Senators Amondson and McCaslin - 2.
MOTION
Senator McDonald moved that the following amendments be considered simultaneously and be adopted:
On page 108, after line 4, insert the following:
"NEW SECTION. Sec. 518. A new section is added to 1993 sp.s. c 24 (uncodified) to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--1994-95 SCHOOL YEAR EMPLOYEE SALARY BONUS
General Fund Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 71,832,000
The appropriation in this section is subject to the following conditions and limitations: The superintendent shall allocate the funds to provide a three percent salary bonus for the 1994-95 school year for all state-supported certificated instructional staff, state-supported certificated administrative staff, and state-supported classified staff, effective September 1, 1994."
On page 109, line 7, strike "672,558,000" and insert "680,560,000"
On page 109, line 14, strike "719,093,000" and insert "727,095,000"
On page 110, beginning on line 15, after "staff;" strike all material down to and including "year" on line 21, and insert the following:
"(b) $1,750,000 of the general fund--state appropriation is provided solely for incremental salary increases for faculty; and
(c) $1,950,000 of the general fund--state appropriation is provided solely for incremental salary increases for classified employees"
On page 128, after line 36, insert the following:
"Sec. 713. RCW 41.06.150 and 1993 sp.s. c 24 s 913 and 1993 c 281 s 27 are each reenacted and amended to read as follows:
The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed for:
(1) The reduction, dismissal, suspension, or demotion of an employee;
(2) Certification of names for vacancies, including departmental promotions, with the number of names equal to six more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;
(3) Examinations for all positions in the competitive and noncompetitive service;
(4) Appointments;
(5) Training and career development;
(6) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except that entry level state park rangers shall serve a probationary period of twelve months;
(7) Transfers;
(8) Sick leaves and vacations;
(9) Hours of work;
(10) Layoffs when necessary and subsequent reemployment, both according to seniority;
(11) Determination of appropriate bargaining units within any agency: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;
(12) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;
(13) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;
(14) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;
(15) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position. However, beginning July 1, 1993, through June 30, 1995, the board shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net cost savings, increased efficiencies, or improved management of personnel or services, and the proposed revision or study has been approved by the director of financial management in accordance with chapter 43.88 RCW;
(16) Allocation and reallocation of positions within the classification plan;
(17) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;
(18) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service. However, beginning July 1, 1993, through June 30, 1995, increment increases shall not be provided to any classified or exempt employees under the jurisdiction of the board whose monthly salary on or after July 1, 1993, exceeds three thousand seven hundred fifty dollars, except for increases authorized under sections 518 and 601(6), chapter . . ., Laws of 1994 (uncodified) (S-5216.4/94);
(19) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;
(20) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;
(21) Assuring persons who are or have been employed in classified positions under chapter 28B.16 RCW before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;
(22) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.
The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables."
On page 137, after line 32, insert the following:
"Sec. 904. 1993 sp.s. c 24 s 915 (uncodified) is amended to read as follows:
(1) Beginning July 1, 1993, and until June 30, 1995, no state agency may grant a salary increase to any employee who is exempt from chapter 41.06 RCW and whose monthly salary on or after July 1, 1993, exceeds $3,750, except exempt employees whose salaries are determined by an elected state official or the judicial branch and increases permitted under sections 518 and 601(6), chapter . . ., Laws of 1994 (uncodified) (S-5216.4/94).
(2) Beginning July 1, 1993, and until June 30, 1995, no institution of higher education may provide, from appropriations in this act, a salary increase to any employee who is exempt from chapter 41.06 RCW and whose monthly salary on or after July 1, 1993, exceeds $3,750, except increases permitted under sections 518 and 601(6), chapter . . ., Laws of 1994 (uncodified) (S-5216.4/94).
(3) It is the intent of the legislature to freeze salaries for all employees whose annual salary is greater than $45,000. In order to maintain equity and fairness across all employee groups, the legislature encourages state-wide elected officials and the judicial branch not to grant salary increases to employees who earn more than $45,000 a year."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
Senator Anderson demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator McDonald on page 108, after line 4; page 109, lines 7 and 14; page 110, beginning on line 15; page 128, after line 36; and page 137, after line 32; to Substitute Senate Bill No. 6244.
ROLL CALL
The Secretary called the roll and the amendments by Senator McDonald were not adopted by the following vote: Yeas, 19; Nays, 28; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, Ludwig, McDonald, Morton, Moyer, Nelson, Oke, Prince, Roach, Schow, Sellar, West and Winsley - 19.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.
Absent: Senator Newhouse - 1.
Excused: Senator McCaslin - 1.
MOTION
Senator West moved that the following amendment be adopted:
On page 117, line 38, strike "802,000" and insert "917,000"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator West on page 117, line 38, to Substitute Senate Bill No. 6244.
The motion by Senator West failed and the amendment was not adopted.
MOTION
On motion of Senator Rinehart, the following amendment by Senators Rinehart and Vognild was adopted:
On page 135, beginning on line 27, strike all material down to page 137, line 32
MOTION
Senator Erwin moved that the following amendment be adopted:
On page 137, after line 32, insert the following new section:
"Sec. 904. RCW 71A.10.020 and 1988 c 176 s 102 are each amended to read as follows:
As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Department" means the department of social and health services.
(2) "Developmental disability" means a ((disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual. By January 1, 1989, the department shall promulgate rules which define neurological or other conditions in a way that is not limited to intelligence quotient scores as the sole determinate [determinant] of these conditions, and notify the legislature of this action)) severe, chronic disability of a person that:
(a) Is attributable to a mental or physical impairment or combination of mental and physical impairments, other than the sole diagnosis of mental illness;
(b) Is manifested before the person attains age twenty-two;
(c) Is likely to continue indefinitely;
(d) Results in substantial functional limitations in three or more of the following areas of major life activity: (i) Self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living, and (vii) economic self-sufficiency; and
(e) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated; except that the term, when applied to infants and young children means individuals from birth to age five, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.
(3) "Eligible person" means a person who has been found by the secretary under RCW 71A.16.040 to be eligible for services.
(4) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and to raise their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy.
(5) "Legal representative" means a parent of a person who is under eighteen years of age, a person's legal guardian, a person's limited guardian when the subject matter is within the scope of the limited guardianship, a person's attorney at law, a person's attorney in fact, or any other person who is authorized by law to act for another person.
(6) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.
(7) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.
(8) "Secretary" means the secretary of social and health services or the secretary's designee.
(9) "Service" or "services" means services provided by state or local government to carry out this title."
POINT OF ORDER
Senator Spanel: "A point of order, Mr. President. I raise the question of scope and object on this amendment. This amendment would amend statutory law. It was a bill this session, so I would urge turning it down."
At 1:46 p.m., the President declared the Senate to be at ease.
The Senate was called to order at 1:47 p.m. by President Pritchard.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 6244 and the pending amendment by Senator Erwin on page 137, after line 32, under consideration when the Senate went at ease.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Spanel, the President finds that Substitute Senate Bill No. 6244 is a measure which makes appropriations for the supplemental operating budget for the remainder of the biennium.
"The amendment proposed by Senator Erwin would change the statutory definition of 'developmental disability' in Chapter 71A RCW.
"The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."
The amendment by Senator Erwin on page 137, after line 32, to Substitute Senate Bill No. 6244 was ruled out of order.
MOTIONS
On motion of Senator Rinehart, the following title amendment was adopted:
On page 1, beginning on line 1 of the title, strike ", 22.09.830, and 88.44.020" and insert "and 22.09.830"
On motion of Senator Rinehart, the rules were suspended, Engrossed Substitute Senate Bill No. 6244 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6244.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6244 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 39.
Voting nay: Senators Amondson, Anderson, McDonald, Morton, Nelson, Newhouse, Oke, Smith, L. and West - 9.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6244, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate advanced to the ninth order of business.
MOTIONS
On motion of Senator Spanel, the Committee on Ecology and Parks was relieved of further consideration of Substitute House Bill No. 2662.
On motion of Senator Spanel, Substitute House Bill No. 2662 was referred to the Committee on Ways and Means.
MOTIONS
On motion of Senator Spanel, Gubernatorial Appointment No. 9347, Warren D. Starr, as a member of the Board of Trustees for Yakima Valley Community College District No. 16, was referred to the Committee on Rules.
On motion of Senator Spanel, the following listed bills, which were on the second and third reading calendars, were referred to the Committee on Rules:
SECOND READING
SB 6169 Energy building code
SB 6488 f Thoroughbred racing fund
SB 6290 Agricultrl products defamatn
SB 6323 f Photography studio licenses
SSB 6225 Agency lobbyists
SSB 6399 $f Child care facilities
SB 6430 Rule-making process particip
SJM 8026 Taiwan diplomatic relations
SJR 8226 Constitution article ratific
SB 6424 f Impact fees
SB 6015 Local office vacancies
SB 6536 f Water rights authority
SSB 5405 School district compet bids
SB 6470 Boundary review boards
SB 6151 Discharge offenders provisns
SB 6322 f WA products development
SB 6338 Lien document delivery
SB 6353 Personal finance information
SB 6236 f UTC late fees and interest
SB 6395 Econ devel finance authority
SB 5058 Motor vehicle violations
SB 5072 Printing/duplicating center
SB 6142 Public records disclos exmpt
SB 6168 Enhanced 911 infor confdentl
SB 6286 f Financial institutions dept.
SB 6363 f Transportation imprvmnt fund
SB 6405 f Transient accommodations
THIRD READING
SB 5645 Property divisions
SSB 6414 State treasurer campaign fin
MOTION
At 1:55 p.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Monday, February 21, 1994.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate