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ONE HUNDRED-FOURTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Saturday, April 22, 1995
The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cal Anderson, Drew, Finkbeiner, Fraser, Hochstatter, McDonald, Pelz, Rinehart, Roach and Smith. On motion of Senator Loveland, Senators Cal Anderson, Drew, Fraser, Pelz, Rinehart and Smith were excused. On motion of Senator Ann Anderson, Senators Finkbeiner, Hochstatter, McDonald and Roach were excused.
The Sergeant at Arms Color Guard, consisting of Pages Shemika Phillips and Bridget Scholz, presented the Colors. Reverend Robert Cassis, pastor of the South Sound Presbyterian Church of Lacey, 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.
MESSAGES FROM THE HOUSE
April 21, 1995
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1144,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1165,
SUBSTITUTE HOUSE BILL NO. 1270,
SUBSTITUTE HOUSE BILL NO. 1273,
ENGROSSED HOUSE BILL NO. 1305,
SUBSTITUTE HOUSE BILL NO. 1387,
SUBSTITUTE HOUSE BILL NO. 1398,
SUBSTITUTE HOUSE BILL NO. 1497,
HOUSE BILL NO. 1534,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1611,
SUBSTITUTE HOUSE BILL NO. 1673,
SUBSTITUTE HOUSE BILL NO. 1700,
SUBSTITUTE HOUSE BILL NO. 1722,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1730,
SUBSTITUTE HOUSE BILL NO. 1809,
HOUSE BILL NO. 1872,
ENGROSSED HOUSE BILL NO. 2033, and the same are herewith transmitted.
TIMOTHY A MARTIN, Chief Clerk
April 21, 1995
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE SENATE BILL NO. 5118,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5632,
SUBSTITUTE SENATE BILL NO. 5795,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5880,
SENATE BILL NO. 6004, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 21, 1995
MR. PRESIDENT:
The House receded from its amendment(s) to SECOND SUBSTITUTE SENATE BILL NO. 5003, and has passed the bill without said amendment(s), and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 21, 1995
MR. PRESIDENT:
The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 5155, and has passed the bill without said amendment(s), and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 21, 1995
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to HOUSE BILL NO. 1117, and has passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
April 21, 1995
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1995, and has passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SCR 8407 by Senator Gaspard
Presenting the Washington Performance Partnership statement of strategic intent.
MOTION
On motion of Senator Spanel, the rules were suspended, Senate Concurrent Resolution No. 8407 was advanced to second reading and placed on the second reading calendar.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1144,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1165,
SUBSTITUTE HOUSE BILL NO. 1270,
SUBSTITUTE HOUSE BILL NO. 1273,
ENGROSSED HOUSE BILL NO. 1305,
SUBSTITUTE HOUSE BILL NO. 1387,
SUBSTITUTE HOUSE BILL NO. 1398,
SUBSTITUTE HOUSE BILL NO. 1497,
HOUSE BILL NO. 1534,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1611,
SUBSTITUTE HOUSE BILL NO. 1673,
SUBSTITUTE HOUSE BILL NO. 1700,
SUBSTITUTE HOUSE BILL NO. 1722,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1730,
SUBSTITUTE HOUSE BILL NO. 1809,
HOUSE BILL NO. 1872,
ENGROSSED HOUSE BILL NO. 2033.
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Haugen, Gubernatorial Appointment No. 9131, Eugene Matt, as a member of the Personnel Resources Board, was confirmed.
APPOINTMENT OF EUGENE MATT
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 0; Excused, 10.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 39.
Excused: Senators Anderson, C., Drew, Finkbeiner, Fraser, Hochstatter, McDonald, Pelz, Rinehart, Roach and Smith - 10.
MOTION
At 9:20 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 10:39 a.m. by President Pritchard.
MOTION
At 10:39 a.m., on motion of Senator Spanel, the Senate recessed until 2:00 p.m.
The Senate was called to order at 2:13 p.m., by President Pritchard.
There being no objection, the President reverted the Senate to the third order of business.
MESSAGE FROM THE GOVERNOR
April 22, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on April 22, 1995, Governor Lowry approved the following Senate Bill entitled:
Substitute Senate Bill No. 5992
Relating to the work force training and education coordinating board.
Sincerely,
KENT CAPUTO, Legal Counsel to the Governor
MESSAGE FROM THE GOVERNOR
April 21, 1995
TO THE HONORABLE PRESIDENT AND MEMBERS,
THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
In compliance with the provision of Section 11 of Article III of the Constitution of the state of Washington, the Governor hereby submits his report of each case of reprieve, commutation or pardon that he has granted since the adjournment of the 1994 First Special Session of the Fifty-Third Legislature, copy of which is attached.
Respectfully submitted,
KENT CAPUTO, Legal Counsel to the Governor
CONDITIONAL COMMUTATION ORDER
FOR
JEANNE DIANNE BRYANT
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:
On January 15, 1992, Jeanne Dianne Bryant was sentenced to a term of 108 months by the Honorable Sally Pasette of the Superior Court of the state of Washington for King County on four counts of Violation of the Uniform Controlled Substance Act. The charges were based on four controlled drug buys occurring between October 17 and November 18, 1990. For each transaction, a citizen informant participated as a drug buyer under the supervision of the King County Police Department. The informant contacted Ms. Bryant, who acted as an intermediary for a purchase by another individual who was also convicted.
Ms. Bryant reported to the Department of Corrections on February 13, 1992, and was subsequently transferred to the Washington Corrections Center for Women where she remained until she was released pending appeal on June 23, 1993. Ms. Bryant's appeal was denied June 20, 1994, by the Court of Appeals of the state of Washington. The petition for review to the Supreme Court of the state of Washington was denied on November 2, 1994. Ms. Bryant again reported for confinement on January 4th, 1995, and is again housed at the Washington Corrections Center for Women.
During Ms. Bryant's release pending appeal, she has dramatically changed her lifestyle and has salvaged her family relationship. She has struggled with and overcome her addiction to drugs and alcohol and has displayed a commitment to remain on this path.
At its December 2, 1994 meeting, the Board reviewed and discussed a petition for clemency submitted by Ms. Bryant and voted unanimously to recommend she be granted a conditional commutation. Both the Board and the Governor have noted the desire of the sentencing court that Ms. Bryant's petition be granted.
This is an extraordinary case and justice is served by granting a conditional commutation at this time for the remainder of Ms. Bryant's sentence. By this order, I hereby commute the remainder of the sentence imposed upon Jeanne Bryant to a term of community custody not to exceed the normal term imposed by the sentencing court, with the following conditions:
Ms. Bryant shall:
1. Report regularly to a Community Corrections Officer as directed by the Department of Corrections;
2. Pay a monthly supervision fee as directed by the Community Corrections Officer;
3. Notify the Department of Corrections prior to any changes of address or employment;
4. Remain in the geographic area as directed by the Community Corrections Officer;
5. Not possess, receive, ship, or transport a firearm, ammunition, or explosives;
6. Not possess or use alcohol or possess or use any controlled substances without a prescription;
7. Submit to regular and random urinalysis and breathalyzer testing, as directed by the Community Corrections Officer;
8. Participate in substance abuse evaluation as directed by the Community Corrections Officer, and follow-up on any recommendations from such evaluation;
9. Participate in a chemical dependency evaluation as directed by the Community Corrections Officer, and follow-up on any recommendations from such evaluation;
10. Participate in chemical dependency and substance abuse support groups, as directed by the Community Corrections Officer;
11. Not associate with drug users or dealers;
12. Participate in electronic monitoring, if deemed appropriate by the Community Corrections Officer;
13. Participate in any mental health evaluation as recommended by the Community Corrections Officer, and follow-up on any recommendations from such evaluation; and
14. Comply with all standard conditions, requirements and instructions of community placement as directed by the Community Corrections Officer and with all other applicable conditions imposed by the sentencing court;
Violation of any of the above conditions shall result in sanctions conforming to the Division of Community Corrections Violations Sanction Grid for community custody. PROVIDED, that in the event Ms. Bryant uses any controlled substance other than as prescribed by a physician or in the event Ms. Bryant commits any offense classified as a felony or gross misdemeanor in the state of Washington, this Conditional Commutation is revoked and the sentence imposed by the court reinstated without benefit of sentence reduction credit, whereupon Ms. Bryant shall be immediately returned to the Washington Corrections Center for Women or such other facility as the Secretary of Corrections deems appropriate.
The Department of Corrections shall provide a written report to the Clemency and Pardons Board regarding the violation of any condition of this Conditional Commutation.
NOW, THEREFORE, I, Mike Lowry, Governor of the state of Washington, by virtue of the authority vested in me by the laws of the state of Washington, do hereby grant conditional clemency for Jeanne Dianne Bryant, Department of Corrections inmate number 987512 and commute her sentence subject and pursuant to the conditions set forth 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 17th day of January, A.D., nineteen hundred and ninety-five.
MIKE LOWRY,
Governor of Washington
BY THE GOVERNOR:
RALPH MUNRO
Secretary of State
CONDITIONAL COMMUTATION ORDER
FOR
MIRNA REYNA
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:
On August 26, 1993, Mirna Reyna was found guilty of Delivery of a Controlled Substance - Cocaine. On January 27, 1993, Ms. Reyna gave $20.00 worth of cocaine to a friend who in turn acted as a police informant. Ms. Reyna was sentenced to a term of 27 months by the Honorable Susan L. Hahn for the Superior Court of the state of Washington for Yakima County. Ms. Reyna began serving her term of confinement on September 2, 1993, with credit for 45 days of confinement prior to sentencing. She has remained incarcerated since that time with the exception of a medical furlough on March 23, 1994. She currently resides at the Washington Corrections Center for Women Minimum Security Complex.
Ms. Reyna was diagnosed with breast cancer in 1993, and underwent a mastectomy of her left breast. The cancer metastasized to her brain, requiring surgery to remove a tumor. She has undergone chemotherapy treatment, however, her current prognosis is such that she will likely die or become completely incapacitated prior to her anticipated release date of February 2, 1995. The Department of Corrections reviewed Ms. Reyna's medical condition and found she met their medical protocol for clemency consideration.
Ms. Reyna receives emotional and monetary support from her fiancee and friends who reside in Yakima. She has children who reside in Everett, Washington, and Phoenix, Arizona, and a brother who resides in Wapato, Washington. Ms. Reyna has applied for and has been approved to received Supplemental Security income benefits enabling here to reside in an approved facility.
This is an extraordinary case which, because of Ms. Reyna's medical condition, justifies granting a conditional commutation at this time for the remainder of her sentence. By this order, I hereby commute the sentence imposed on Mirna Reyna to a term of community placement not to exceed the term imposed by the sentencing court, with the following conditions:
1. Ms. Reyna shall be taken from the Washington Corrections Center for Women and placed in a hospice care or similar, suitable facility, based on medical necessity, with specific procedures for her transfer and placement to be determined by the Department of Corrections in consultation with the Department of Social and Health Services. In determining a suitable placement facility, the Department of Corrections shall ensure the ability of the facility to accommodate the restrictions noted herein.
2. Upon her placement, Ms. Reyna shall be restricted to the confines of that placement facility unless specific authorization is otherwise secured from her Community Corrections Officer. Authorization may only be given for the purpose of medical care or treatment, under approved supervision. However, this order shall not extend Ms. Reyna's term of confinement beyond that imposed without conditional commutation, therefore, the normal timing and conditions of community placement shall apply.
3. In the event that Ms. Reyna violates the conditions of this order or any conditions imposed by the Department of Corrections, the Department of Corrections shall return Ms. Reyna to the Washington Corrections Center for Women or such other institution as the Secretary deems appropriate. Should this occur, this conditional commutation shall be revoked and the sentenced imposed by the Court reinstated without benefit of sentence reduction credit.
The Department of Corrections, in consultation with the Department of Social and Health Services, shall set further conditions as deemed necessary to meet the general conditions enumerated above.
NOW, THEREFORE, I, Mike Lowry, Governor of the state of Washington, by virtue of the authority vested in me by the laws of the state of Washington, do hereby grant a conditional commutation of the sentence of Mirna Reyna, Department of Corrections inmate number 712362, subject and pursuant to the conditions set forth 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 26th day of October, nineteen hundred and
ninety-four.
MIKE LOWRY,
Governor of Washington
BY THE GOVERNOR:
DONALD F. WHITING
Secretary of State, Assistant
CONDITIONAL COMMUTATION ORDER
FOR
KERMIT WILLIAM GOTTSCHALK
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:
On August 5, 1994, Kermit William Gottschalk pled guilty to Delivery of a Controlled Substance - Cocaine. On October 11, 1993, Mr. Gottschalk was involved in the selling of cocaine to undercover police officers. At approximately 8:00 p.m., he entered into a conversation with some individuals near the park at 3rd and Bell in Seattle. At their request, he pointed out a person from whom they could purchase rock cocaine, and was arrested.
Mr. Gottschalk was sentenced to a term of 36 months by the Honorable N. Huggins for the Superior Court of the state of Washington for King County. Mr. Gottschalk began serving his term of confinement on August 9, 1994, with credit for 90 days of confinement prior to sentencing and 45 days good time in jail. He has remained incarcerated since that time with the exception of medical trips on September 16, 1994, September 19, 1994, September 20, 1994, and September 27, 1994, which involved trips to medical care centers in Thurston and Mason Counties. He currently resides at the Washington Corrections Center Hospital with an anticipated ordinary release date of May, 1996.
Mr. Gottschalk is terminally ill and is in the end stage disease process of AIDS and Cancer. He is on oxygen and has pain medication requirements. He tires easily and sleeps most of the time. He is essentially non-ambulatory with the present capability of moving only a few feet under his own power.
His prognosis is such that he will likely die or become completely incapacitated in the very near future, and certainly well before his May 10, 1996, release date. The Department of Corrections reviewed Mr. Gottschalks's medical condition, and found he met their medical protocol for clemency consideration.
Mr. Gottschalk receives emotional and some financial support from his sister, Ms. Robin Gottschalk, who resides in San Francisco, California, with her children. She has secured a hospital bed for him at San Francisco General Hospital. Mr. Gottschalk's family, along with the receiving hospital, have arranged for funding for his hospitalization and treatment.
This is an extraordinary case, which, because of Mr. Gottschalk's medical condition, justifies granting a conditional commutation at this time for the remainder of his sentence. By this order, I hereby commute the sentence imposed on Kermit Gottschalk to a term of community placement not to exceed the term imposed by the sentencing court with the following conditions:
1. Mr. Gottschalk be taken from the Washington Corrections Center, transported to San Francisco, California, to San Francisco General Hospital, with specific procedures for his transfer and placement to be determined by the Department of Corrections in consultation with the California Department of Corrections.
2. Upon his placement in California, Mr. Gottschalk shall be restricted to the confines of that placement facility unless specific authorization is otherwise secured from his community correction officer in California. Authorization may only be given for the purpose of medical care and treatment under approved supervision. However, this order shall not extend Mr. Gottschalk's term of confinement beyond that imposed without conditional commutation, therefore, the normal timing and conditions of community placement shall apply.
3. Mr. Gottschalk shall contact his California community correction officer by telephone the first working day following his arrival in California, and follow the directions of the community corrections officer.
4. In the event that Mr. Gottschalk violates the condition of this order or any conditions imposed by either the Department of Corrections in California or Washington, the Washington Department of Corrections shall return Mr. Gottschalk to the Washington Corrections Center or such other institution as the Secretary deems appropriate. Should this occur, this conditional commutation shall be revoked and the sentence imposed by the Court reinstated without benefit of sentence reduction credit.
The Department of Corrections, in consultation with the California Department of Corrections, shall set further conditions as deemed necessary and appropriate to meet the general conditions enumerated above.
NOW, THEREFORE, I, Mike Lowry, Governor of the state of Washington, by virtue of the authority vested in me by the laws of the state of Washington, do hereby grant a conditional commutation of the sentence of Kermit William Gottschalk, Washington State Department of Corrections, inmate number 725227, subject and pursuant to the conditions set forth 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 21st day of March, nineteen hundred and
ninety-five.
MIKE LOWRY,
Governor of Washington
BY THE GOVERNOR:
TRACY A. GUERIN
Secretary of State, Acting Deputy
CONDITIONAL COMMUTATION ORDER
FOR
JALIN LEROY LAMASTER
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:
On January 7, 1992, Jalin Leroy LaMaster pled guilty in Clark County Juvenile Court to two counts of Burglary 1, one count of Theft 1, three counts of Theft 2, and two counts of Malicious Mischief 2. These offenses all occurred on December 9, 1991. At the time of the offenses, Jalin had been abusing drugs and alcohol, and he had been expelled from school for attendance problems. A few days earlier, Jalin was informed by his mother that he would no longer be allowed to live in her home due to his out-of-control behavior. On December 9, Jalin's father informed him that he could not live in his home either. A short time later, a friend called and asked Jalin if he wanted to go out and burglarize homes. Jalin, his friend Michael, and Michael's girfriend burglarized two homes. Unknown to Jalin, Michael found and removed a handgun from each home. They also obtained other items and some cash.
On January 21, 1992, Jalin was sentenced to a commitment of 123-129 weeks for each Burglary count, 30-40 weeks for the Theft 1, 21-28 weeks for the Theft 2, and 21-28 weeks for the one count of Malicious Mischief 2. The sentences ran consecutively, for a total commitment length of 278-354 weeks. Jalin's minimum sentence would not expire until after his 21st birthday. Accordingly, Jalin is presently committed until his 21st birthday on 1-6-96.
Jalin has resided in Juvenile Rehabilitation institutions and group homes since his commitment and has been actively invested in utilizing drug and alcohol treatment services and academic and vocational opportunities. Jalin was transferred to Forest Ridge Lodge in Bremerton, Washington, on January 26, 1993, and has remained there since then. He has continued to make outstanding progress within the parameters of the juvenile system. During his past two years at Forest Ridge Lodge, he attended Bremerton High School and graduated with his class in June, 1994. He has been steadily employed and has paid all of his court ordered restitution. Jalin is currently enrolled at Olympic College in Bremerton, studying automotive technology, and earning a 3.4 grade point average.
This is an extraordinary case which, because of Mr. LaMaster's demonstrated motivation and exceptional accomplishments, justifies granting a conditional commutation at this time for the remainder of his sentence. By this order, I hereby commute the sentence imposed on Jalin Leroy LaMaster to a term of juvenile parole until his 21st birthday with the following conditions:
1. Mr. LaMaster shall be placed in the home of his mother, Ms. Debra Pomeroy, 3331 N.E. 57th, #9, Vancouver, WA 98661, following completion of a Field Investigation by the juvenile parole counselor in Clark County and completion of a Parole Contract. This placement location cannot be changed without the express consent of his juvenile parole counselor.
2. Mr. LaMaster shall contact his juvenile parole counselor by telephone the first working day following his arrival in Clark County and follow all directions of that counselor.
3. The conditions of Mr. LaMaster's parole shall be specified in a Parole Contract including, but not limited to, the following:
a. Undergo medical and/or psychiatric treatment and regular drug and alcohol counseling and testing as specified by the Parole Counselor.
b. Report as directed to his assigned Parole Counselor.
c. Pursue a course of employment, study or vocational training.
d. Remain within prescribed geographical boundaries as specified by the Parole Counselor and notify the assigned Parole Counselor of any proposed changes of address.
e. Refrain from the commission of any offense, including, but not limited to, drug use, firearm possession or deadly weapon use.
4. The Juvenile Rehabilitation Administration shall prepare a quarterly report to the Clemency and Pardons Board on Mr. LaMaster's status and progress, to include drug and alcohol testing results.
5. In the event that Mr. LaMaster violates the conditions of this order or any conditions imposed by the Juvenile Rehabilitation Administration, this commutation is withdrawn and his parole shall be immediately revoked. In the event that the Clemency and Pardons Board is not satisfied with the progress or activities of Mr. LaMaster, this order is subject to withdrawal or amendment upon the Board's recommendation.
NOW, THEREFORE, I, Mike Lowry, Governor of the state of Washington, by virtue of the authority vested in me by the laws of the state of Washington, do hereby grant a conditional commutation of the sentence of Jalin Leroy LaMaster, Washington State Department of Social and Health Services, Juvenile Rehabilitation Administration, resident number 671 357, subject and pursuant to the conditions set forth 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 14th day of April, A.D., nineteen hundred and
ninety-five.
MIKE LOWRY,
Governor of Washington
BY THE GOVERNOR:
RALPH MUNRO
Secretary of State
There being no objection, the President advanced the Senate to the fourth order of business.
MESSAGES FROM THE HOUSE
April 22, 1995
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO 1209 and passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1995
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 5244. The Speaker has appointed the following members as conferees: Representatives Boldt, Buck and Thibaudeau.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1995
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 5325. The Speaker has appointed the following members as conferees: Representatives Carlson, Mulliken and Jacobsen.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SECOND SUBSTITUTE SENATE BILL NO. 5003,
SUBSTITUTE SENATE BILL NO. 5092,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5121,
SUBSTITUTE SENATE BILL NO. 5155,
SECOND SUBSTITUTE SENATE BILL NO. 5157,
SUBSTITUTE SENATE BILL NO. 5162,
SUBSTITUTE SENATE BILL NO. 5315,
SUBSTITUTE SENATE BILL NO. 5374,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5386,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5597,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5616.
MESSAGE FROM THE HOUSE
April 21, 1995
MR. PRESIDENT:
The House insists on its position regarding the Senate amendment(s) to HOUSE BILL NO. 1445 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Sherstad, Backlund and Dellwo.
TIMOTHY A. MARTIN
MOTION
On motion of Senator Quigley, the Senate insists on its position, refuses to grant the request of the House for a conference on House Bill No. 1445 and the Senate amendment(s) thereto, and asks the House to concur therein.
MESSAGE FROM THE HOUSE
April 20, 1995
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5653 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Cooke, Boldt and Tokuda.
TIMOTHY A. MARTIN
MOTION
On motion of Senator Quigley, the Senate insists on its position, refuses to grant the request of the House for a conference on Substitute Senate Bill No. 5653 and the House amendment(s) thereto, and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 21, 1995
MR. PRESIDENT:
The House does not concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1317 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN
MOTION
On motion of Senator Owen, the Senate refuses to recede from the Senate amendment(s) to Engrossed Substitute House Bill No. 1317 and requests of the House a conference thereon.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute House Bill No. 1317 and the Senate amendment(s) thereto: Senators Owen, Prince and Prentice.
MOTION
On motion of Senator Snyder, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 20, 1995
MR. PRESIDENT:
The House does not concur in the Senate amendment(s) to HOUSE BILL NO. 1436 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN
MOTION
On motion of Senator Haugen, the Senate refuses to recede from the Senate amendment(s) to House Bill No. 1436, insists on its position and once again asks the House to concur therein.
MESSAGE FROM THE HOUSE
April 21, 1995
MR. PRESIDENT:
The Speaker ruled the Senate amendment(s) to HOUSE BILL NO. 1725 beyond the scope and object of the bill. The House does not concur in said amendment(s) and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Haugen, the Senate receded from the Senate amendment(s) to House Bill No. 1725.
MOTION
On motion of Senator Loveland, Senator Quigley was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1725 without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1725, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Absent: Senator Hargrove - 1.
Excused: Senators Anderson, C., Finkbeiner and Quigley - 3.
HOUSE BILL NO. 1725, without the Senate amendment(s), 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.
MESSAGE FROM THE HOUSE
April 20, 1995
MR. PRESIDENT:
The Speaker ruled the Senate amendment(s) to HOUSE BILL NO. 1225 beyond the scope and object of the bill. The House does not concur in said amendment(s) and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Owen, the Senate receded from the Senate amendment(s) to House Bill No. 1225.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1225, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1225, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Excused: Senators Anderson, C. and Finkbeiner - 2.
HOUSE BILL NO. 1225, without the Senate amendment(s), 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.
MESSAGE FROM THE HOUSE
April 20, 1995
MR. PRESIDENT:
The House does not concur in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 1770 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Pelz, the Senate receded from the Senate amendment(s) to Engrossed House Bill No. 1770.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1770, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1770, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 32; Nays, 15; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Moyer, Newhouse, Oke, Owen, Pelz, Prince, Quigley, Rasmussen, Rinehart, Roach, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley and Wojahn - 32.
Voting nay: Senators Anderson, A., Cantu, Deccio, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Palmer, Prentice, Schow, Sellar, Strannigan and Wood - 15.
Excused: Senators Anderson, C. and Finkbeiner - 2.
ENGROSSED HOUSE BILL NO. 1770, without the Senate amendment(s), 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.
MESSAGE FROM THE HOUSE
April 20, 1995
MR. PRESIDENT:
The House insists on its position regarding the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 2057 and again asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Snyder, the Senate receded from the Senate amendment(s) to Engrossed House Bill No. 2057.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2057, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2057, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Excused: Senators Anderson, C. and Finkbeiner - 2.
ENGROSSED HOUSE BILL NO. 2057, without the Senate amendment(s), 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.
MESSAGE FROM THE HOUSE
April 21, 1995
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5053 and once again asks the Senate to concur therein, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Haugen, the Senate refuses to concur and insists on its position regarding the House amendment(s) to Substitute Senate Bill No. 5053 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 10, 1995
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE JOINT MEMORIAL NO. 8019 with the following amendment:
On page 1, beginning on line 1, strike the remainder of the joint memorial and insert the following:
"TO THE HONORABLE BILL CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO BRUCE BABBIT, SECRETARY OF THE INTERIOR:
We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
WHEREAS, The United States Congress has in this new session entertained, debated, and passed legislation that would prohibit federal mandates upon states without the coincident provision of the means necessary to implement the mandates; and
WHEREAS, To open the Washington territory to settlement, the United States entered into a series of treaties with Indian tribes in the Washington Territory in 1854 and 1855; and
WHEREAS, These federal treaties became binding on, indeed, a federal mandate on, the State of Washington upon its entry into statehood; and
WHEREAS, The following treaty clause secured fishing rights for the tribes: "the right of taking fish at usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the territory, and of erecting temporary houses for the purpose of curing, together with the privilege of hunting and gathering roots and berries on open and unclaimed lands; provided, however, that they shall not take shellfish from any beds staked or cultivated by citizens;" and
WHEREAS, In 1974, federal district court Judge Boldt held, and the United States Supreme Court later affirmed, that this clause entitled the treaty tribes to harvest up to fifty percent of each run of anadromous fish passing through ancestral tribal fishing areas; and
WHEREAS, In December 1994, federal district court Judge Rafeedie interpreted this same treaty provision to hold that the treaties also include the tribal harvest of shellfish on ancestral tribal fishing areas, including shellfish from natural beds on privately owned tidelands; and
WHEREAS, This federal treaty provision, a mandate imposed on the state of Washington by the federal government, has already cost the state and numerous other parties millions of dollars in litigation costs. This most recent decision is having a significant negative impact on the state's economy, particularly on private citizens who depend on shellfish harvesting for their livelihood. The decision threatens to erode private property rights to tidelands and other privately held natural resources, and may deprive many Washington citizens of the opportunity for recreational shellfish harvesting; and
WHEREAS, Judge Rafeedie has issued an interim order which states that "the State of Washington and the United States should recognize and acknowledge their particular responsibility toward innocent purchasers of tidelands and the Tribes and should take affirmative steps to help reach a resolution of the matter;" and
WHEREAS, the United States government bears the overwhelming responsibility for the negotiation, implementation, and subsequent interpretation of the treaties; and
WHEREAS, In developing a remedy to this pending litigation, the United States should seek a solution that fulfills not only its trust responsibility to Indian citizens but also its trust to non-Indian citizens. The United States should not strip Washington tideland owners of their property rights, thereby creating a new class of victims; and
WHEREAS, Several property rights bills are now being considered in Congress, several of which could serve as vehicles for amendment to prevent this government "taking" of more than three thousand miles of privately owned beachfront properties in Western Washington;
NOW, THEREFORE, Your Memorialists respectfully request that the United States federal government act to fulfill its obligations to the state of Washington and all its citizens by doing the following:
(1) Acting promptly to clarify, interpret, or amend federal law including treaties as necessary, to assure that the exercise of Indian treaty rights does not extend to privately owned property, that Indian tribal members or employees may have access to private lands only with prior written permission of the owner, and that all citizens enjoy the same harvest rights except upon tribal reservation lands and federal lands set aside for tribal purposes by the United States;
(2) Being part of the solution to the conflicts caused by this federal treaty by offering federally owned tidelands for tribal shellfish harvest as part of any implementation plan, for example, offering tidelands on Indian Island and at the Bangor Naval Base;
(3) Assisting the state of Washington with funds to help offset the costs of the state's appeal of the shellfish decision; and
(4) Providing funds for the purchase of tidelands for tribal and public recreational shellfish harvesting;
BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Bill Clinton, President of the United States, Bruce Babbit, Secretary of the Interior, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Drew, the Senate refuses to concur in the House amendment to Substitute Senate Joint Memorial No. 8019 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 21, 1995
MR. PRESIDENT:
Under the suspension of the rules, ENGROSSED SUBSTITUTE SENATE BILL NO. 5169 was returned to second reading for purpose of amendments. The following amendments were adopted and the bill passed the House as amended:
Strike everything after the enacting clause and insert the following:
"TABLE OF CONTENTS
PART I - OBSOLETE REFERENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
PART II - OBSOLETE SECTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART III - RECODIFICATIONS OR TECHNICAL CHANGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART IV - UNFUNDED PROGRAMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART V - REPORTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART VI - PERMISSIVE LANGUAGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART VII - MANDATES ON SCHOOL DISTRICT OPERATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART VIII - MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Sec. 101. RCW 28A.150.360 and 1990 c 33 s 113 are each amended to read as follows:
In the event of an unforeseen emergency, in the nature of either an unavoidable cost to a district or unexpected variation in anticipated revenues to a district, the state superintendent is authorized, for not to exceed two years, to make such an adjustment in the allocation of funds as is consistent with the intent of ((RCW 28A.150.100 through 28A.150.430)) this chapter, RCW 28A.160.150 through ((28A.160.220)) 28A.160.210, 28A.300.170, and 28A.500.010 in providing an equal educational opportunity for the children of such district or districts.
Sec. 102. RCW 28A.150.370 and 1990 c 33 s 114 are each amended to read as follows:
In addition to those state funds provided to school districts for basic education, the legislature shall appropriate funds for pupil transportation, in accordance with ((RCW 28A.150.100 through 28A.150.430)) this chapter, RCW 28A.160.150 through ((28A.160.220)) 28A.160.210, 28A.300.170, and 28A.500.010, and for programs for handicapped students, in accordance with RCW 28A.155.010 through 28A.155.100. The legislature may appropriate funds to be distributed to school districts for population factors such as urban costs, enrollment fluctuations and for special programs, including but not limited to, vocational-technical institutes, compensatory programs, bilingual education, urban, rural, racial and disadvantaged programs, programs for gifted students, and other special programs.
Sec. 103. RCW 28A.150.380 and 1990 c 33 s 115 are each amended to read as follows:
The state legislature shall, at each regular session in an odd-numbered year, appropriate from the state general fund for the current use of the common schools such amounts as needed for state support to the common schools during the ensuing biennium as provided in ((RCW 28A.150.100 through 28A.150.430)) this chapter, RCW 28A.160.150 through ((28A.160.220)) 28A.160.210, 28A.300.170, and 28A.500.010.
Sec. 104. RCW 28A.215.010 and 1969 ex.s. c 223 s 28A.34.010 are each amended to read as follows:
The board of directors of any school district shall have the power to establish and maintain ((nursery schools)) preschools and to provide before-and-after-school and vacation care in connection with the common schools of said district located at such points as the board shall deem most suitable for the convenience of the public, for the care and instruction of infants and children residing in said district. The board shall establish such courses, activities, rules, and regulations governing ((nursery schools)) preschools and before-and-after-school care as it may deem best: PROVIDED, That these courses and activities shall meet the minimum standard for such ((nursery schools)) preschools as established by the United States Department of Health, Education and Welfare, or its successor agency, and the state board of education. Except as otherwise provided by state or federal law, the board of directors may fix a reasonable charge for the care and instruction of children attending such schools. The board may, if necessary, supplement such funds as are received for the superintendent of public instruction or any agency of the federal government, by an appropriation from the general school fund of the district.
Sec. 105. RCW 28A.215.040 and 1973 1st ex.s. c 154 s 45 are each amended to read as follows:
Every board of directors shall have power to establish, equip and maintain ((nursery schools)) preschools and/or provide before-and-after-school care for children of working parents, in cooperation with the federal government or any of its agencies, when in their judgment the best interests of their district will be subserved thereby.
Sec. 106. RCW 28A.315.680 and 1991 c 363 s 29 and 1991 c 288 ss 7 and 8 are each reenacted and amended to read as follows:
The school boards of any school district of the first class having within its boundaries a city with a population of four hundred thousand people or more shall establish the director district boundaries. Appointment of a board member to fill any vacancy existing for a new director district prior to the next regular school election shall be by the school board. Prior to the next regular election in the school district and the filing of declarations of candidacy therefor, the incumbent school board shall designate said director districts by number. Directors appointed to fill vacancies as above provided shall be subject to election, one for a six-year term, and one for a two-year term and thereafter the term of their respective successors shall be for four years. The term of office of incumbent members of the board of such district shall not be affected by RCW 28A.315.450, 28A.315.460, 28A.315.570, 28A.315.670, and 28A.315.680((, and 29.21.180)).
Sec. 107. RCW 28A.625.010 and 1990 c 33 s 513 are each amended to read as follows:
RCW 28A.625.020 through ((28A.625.070 and 28B.15.547)) 28A.625.065 may be known and cited as the Washington award for excellence in education program act.
Sec. 108. RCW 28A.625.050 and 1991 c 255 s 8 are each amended to read as follows:
The superintendent of public instruction shall adopt rules under chapter 34.05 RCW to carry out the purposes of RCW 28A.625.010 through ((28A.625.070)) 28A.625.065. These rules shall include establishing the selection criteria for the Washington award for excellence in education program. The superintendent is encouraged to consult with teachers, educational staff associates, principals, administrators, classified employees, superintendents, and school board members in developing the selection criteria. Notwithstanding the provisions of RCW 28A.625.020 (1) and (2), such rules may allow for the selection of individuals whose teaching or administrative duties, or both, may encompass multiple grade level or building assignments, or both.
Sec. 109. RCW 28A.630.868 and 1993 c 335 s 5 are each amended to read as follows:
(1) The superintendent of public instruction shall administer RCW ((28A.630.860)) 28A.630.861 through 28A.630.880.
(2) The school-to-work transitions projects may be conducted for up to six years, if funds are provided.
Sec. 110. RCW 28A.630.870 and 1993 c 335 s 6 are each amended to read as follows:
(1) The superintendent of public instruction may accept, receive, and administer for the purposes of RCW ((28A.630.860)) 28A.630.861 through 28A.630.880 such gifts, grants, and contributions as may be provided from public and private sources for the purposes of RCW ((28A.630.860)) 28A.630.861 through 28A.630.880.
(2) The school-to-work transitions program account is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received under this section. Moneys in the account may be spent only for the purposes of ((28A.630.860)) RCW 28A.630.861 through 28A.630.880. Disbursements from this account shall be on the authorization of the superintendent of public instruction or the superintendent's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.
Sec. 111. RCW 28A.630.874 and 1993 c 335 s 7 are each amended to read as follows:
(1) The superintendent of public instruction, in coordination with the state board of education, the state board for community and technical colleges, the work force training and education coordinating board, and the higher education coordinating board, shall provide technical assistance to selected schools and shall develop a process that coordinates and facilitates linkages among participating school districts, secondary schools, junior high schools, middle schools, technical colleges, and colleges and universities.
(2) The superintendent of public instruction and the state board of education may adopt rules under chapter 34.05 RCW as necessary to implement its duties under RCW ((28A.630.860)) 28A.630.861 through 28A.630.880.
Sec. 112. RCW 28A.630.880 and 1993 c 335 s 10 are each amended to read as follows:
RCW ((28A.630.860)) 28A.630.861 through 28A.630.880 may be known and cited as the school-to-work transitions program.
NEW SECTION. Sec. 113. RCW 28A.310.380 and 1975 1st ex.s. c 275 s 32, 1971 ex.s. c 282 s 23, & 1969 ex.s. c 176 s 16 are each repealed.
Sec. 201. RCW 28A.205.050 and 1993 c 211 s 4 are each amended to read as follows:
In accordance with chapter 34.05 RCW, the administrative procedure act, the state board of education with respect to the matter of certification, and the superintendent of public instruction with respect to all other matters, shall have the power and duty to make the necessary rules ((and regulations)) to carry out the purpose and intent of this chapter.
((Criteria as promulgated by the state board of education or superintendent of public instruction for determining if any education center is providing adequate instruction in basic academic skills or demonstrating superior performance in student educational gains for funding under RCW 28A.205.040 shall be subject to review by four members of the legislature, one from each caucus of each house, including the chairs of the respective education committees.))
Sec. 202. RCW 28A.630.400 and 1991 c 285 s 2 are each amended to read as follows:
(1) The state board of education and the state board for community and technical colleges ((education)), in consultation with the superintendent of public instruction, the higher education coordinating board, the state apprenticeship training council, and community colleges, shall ((work cooperatively to develop by September 1, 1992, an educational paraprofessional)) adopt rules as necessary under chapter 34.05 RCW to implement the paraeducator associate of arts degree.
(2) As used in this section, ((an "educational paraprofessional")) a "paraeducator" is an individual who has completed an associate of arts degree for ((an educational paraprofessional)) a paraeducator. The ((educational paraprofessional)) paraeducator may be hired by a school district to assist certificated instructional staff in the direct instruction of children in small and large groups, individualized instruction, testing of children, recordkeeping, and preparation of materials. The ((educational paraprofessional)) paraeducator shall work under the direction of instructional certificated staff.
(3) The training program for ((an educational paraprofessional)) a paraeducator associate of arts degree shall include, but is not limited to, the general requirements for receipt of an associate of arts degree and training in the areas of introduction to childhood education, orientation to handicapped children, fundamentals of childhood education, creative activities for children, instructional materials for children, fine art experiences for children, the psychology of learning, introduction to education, child health and safety, child development and guidance, first aid, and a practicum in a school setting.
(4) ((In developing the program,)) Consideration shall be given to transferability of credit earned in this program to teacher preparation programs at colleges and universities.
(((5) The agencies identified under subsection (1) of this section shall adopt rules as necessary under chapter 34.05 RCW to implement this section.))
NEW SECTION. Sec. 203. The following acts or parts of acts are each repealed:
(1) RCW 28A.170.010 and 1987 c 518 s 205;
(2) RCW 28A.170.020 and 1990 c 33 s 153, 1989 c 233 s 5, & 1987 c 518 s 206;
(3) RCW 28A.170.030 and 1987 c 518 s 207;
(4) RCW 28A.170.040 and 1990 c 33 s 154 & 1987 c 518 s 208;
(5) RCW 28A.170.060 and 1994 c 245 s 5, 1989 c 271 s 113, & 1987 c 518 s 210;
(6) RCW 28A.170.070 and 1990 c 33 s 155 & 1987 c 518 s 211;
(7) RCW 28A.175.060 and 1987 c 518 s 218;
(8) RCW 28A.210.050 and 1969 ex.s. c 223 s 28A.31.060;
(9) RCW 28A.225.190 and 1969 ex.s. c 223 s 28A.58.220;
(10) RCW 28A.405.150 and 1990 c 33 s 388, 1988 c 241 s 1, 1986 c 73 s 1, & 1985 c 420 s 7;
(11) RCW 28A.405.160 and 1990 c 33 s 389 & 1985 c 420 s 8;
(12) RCW 28A.415.290 and 1993 c 336 s 406;
(13) RCW 28A.630.090 and 1990 c 33 s 524 & 1987 c 401 s 11;
(14) RCW 28A.630.091 and 1987 c 401 s 13;
(15) RCW 28A.630.750 and 1991 c 346 s 1;
(16) RCW 28A.630.753 and 1991 c 346 s 2;
(17) RCW 28A.630.756 and 1991 c 346 s 3;
(18) RCW 28A.630.759 and 1991 c 346 s 4;
(19) RCW 28A.630.762 and 1991 c 346 s 5;
(20) RCW 28A.630.765 and 1991 c 346 s 6;
(21) RCW 28A.630.768 and 1991 c 346 s 7;
(22) RCW 28A.630.771 and 1991 c 346 s 8;
(23) RCW 28A.630.774 and 1991 c 346 s 9;
(24) RCW 28A.630.777 and 1991 c 346 s 10;
(25) RCW 28A.630.780 and 1991 c 346 s 11;
(26) RCW 28A.630.783 and 1991 c 346 s 12;
(27) RCW 28A.630.786 and 1991 c 346 s 13;
(28) RCW 28A.630.789 and 1991 c 346 s 14; and
(29) RCW 28A.630.800 and 1985 c 349 s 3.
Sec. 204. RCW 28A.170.075 and 1990 c 33 s 156 are each amended to read as follows:
(1) The legislature finds that the provision of drug and alcohol counseling and related prevention and intervention services in schools will enhance the classroom environment for students and teachers, and better enable students to realize their academic and personal potentials.
(2) The legislature finds that it is essential that resources be made available to school districts to provide early drug and alcohol prevention and intervention services to students and their families; to assist in referrals to treatment providers; and to strengthen the transition back to school for students who have had problems of drug and alcohol abuse.
(3) ((New and existing)) Substance abuse awareness programs funded ((pursuant to RCW 28A.170.010 through 28A.170.070)) under this chapter do not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state's funding duty thereunder.
(4) The legislature intends to provide grants for drug and alcohol abuse prevention and intervention in schools, targeted to those schools with the highest concentrations of students at risk.
Sec. 205. RCW 28A.170.090 and 1990 c 33 s 158 are each amended to read as follows:
(1) The superintendent of public instruction shall select school districts and cooperatives of school districts to receive grants for drug and alcohol abuse prevention and intervention programs for students in kindergarten through twelfth grade, from funds appropriated by the legislature for this purpose. The minimum annual grant amount per district or cooperative of districts shall be twenty thousand dollars. Factors to be used in selecting proposals for funding and in determining grant awards shall be developed in consultation with the substance abuse advisory committee appointed under RCW 28A.170.050, with the intent of targeting funding to districts with high-risk populations. These factors may include:
(a) Characteristics of the school attendance areas to be served, such as the number of students from low-income families, truancy rates, juvenile justice referrals, and social services caseloads;
(b) The total number of students who would have access to services; and
(c) Participation of community groups and law enforcement agencies in drug and alcohol abuse prevention and intervention activities.
(2) The application procedures for grants under this section shall ((be consistent with the application procedures for other grants for substance abuse awareness programs under RCW 28A.170.020, including)) include provisions for comprehensive planning, establishment of a school and community substance abuse advisory committee, and documentation of the district's needs assessment. Planning and application for grants under this section may be integrated with the development of other substance abuse awareness programs by school districts((, and other grants under RCW 28A.170.010 through 28A.170.040 shall not require a separate application)). School districts shall, to the maximum extent feasible, coordinate the use of grants provided under this section with other funding available for substance abuse awareness programs. School districts should allocate resources giving emphasis to drug and alcohol abuse intervention services for students in grades five through nine. Grants may be used to provide services for students who are enrolled in approved private schools.
(3) School districts receiving grants under this section shall be required to establish a means of accessing formal assessment services for determining treatment needs of students with drug and alcohol problems. The grant applications submitted by districts shall identify the districts' plan for meeting this requirement.
(4) School districts receiving grants under this section shall be required to perform biennial evaluations of their drug and alcohol abuse prevention and intervention programs, and to report on the results of these evaluations to the superintendent of public instruction.
(5) The superintendent of public instruction may adopt rules to implement RCW 28A.170.080 ((through 28A.170.100)) and 28A.170.090.
PART III - RECODIFICATIONS OR TECHNICAL CHANGES
Sec. 301. RCW 28A.610.010 and 1990 c 33 s 505 are each amended to read as follows:
(1) Parents can be the most effective teachers for their children. Providing illiterate or semiliterate parents with opportunities to acquire basic skills and child development knowledge will enhance their ability to assist and support their children in the learning process, and will enhance children's learning experiences in the formal education environment by providing children with the motivation and positive home environment which contribute to enhanced academic performance.
(2) ((RCW 28A.610.020 through 28A.610.060)) This chapter may be known and cited as project even start.
Sec. 302. RCW 28A.610.020 and 1990 c 33 s 506 are each amended to read as follows:
Unless the context clearly requires otherwise, the definition in this section shall apply throughout ((RCW 28A.610.030 through 28A.610.060)) this chapter.
"Parent" or "parents" means a parent who has less than an eighth grade ability in one or more of the basic skill areas of reading, language arts, or mathematics, as measured by a standardized test, and who has a child or children enrolled in: (1) The state early childhood education and assistance program; (2) a federal head start program; (3) a state or federally funded elementary school basic skills program serving students who have scored below the national average on a standardized test in one or more of the basic skill areas of reading, language arts, or mathematics; or (4) a cooperative ((nursery school)) preschool at a community or technical college ((or vocational technical institute)).
Sec. 303. RCW 28A.610.030 and 1990 c 33 s 507 are each amended to read as follows:
(1) The ((superintendent of public instruction)) state board for community and technical colleges, in consultation with the department of community, trade, and economic development, the department of social and health services, the ((state board for community education)) superintendent of public instruction, and community-based, nonprofit providers of adult literacy services, shall develop an adult literacy program to serve eligible parents as defined under RCW 28A.610.020. The program shall give priority to serving parents with children who have not yet enrolled in school or are in grades kindergarten through three.
(2) In addition to providing basic skills instruction to eligible parents, the program may include other program components which may include transportation, child care, and such other directly necessary activities as may be necessary to accomplish the purposes of ((RCW 28A.610.020 through 28A.610.060)) this chapter.
(3) Parents who elect to participate in training or work programs, as a condition of receiving public assistance, shall have the hours spent in parent participation programs, conducted as part of a federal head start program, or the state early childhood education and assistance program under RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908, or parent literacy programs under ((RCW 28A.610.020 through 28A.610.060)) this chapter, counted toward the fulfillment of their work and training obligation for the receipt of public assistance.
(4) State funds as may be appropriated for project even start shall be used solely to expand and complement, but not supplant, federal funds for adult literary programs.
(5) The ((superintendent of public instruction)) state board for community and technical colleges shall adopt rules as necessary to carry out the purposes of ((RCW 28A.610.020 through 28A.610.060)) this chapter.
Sec. 304. RCW 28A.600.--- and 1995 c . . . (SSB 5440) s 2 are each amended to read as follows:
(1) Any elementary or secondary school student who is determined to have carried a firearm onto, or to have possessed a firearm on, public elementary or secondary school premises, public school-provided transportation, or areas of facilities while being used exclusively by public schools, shall be expelled from school for not less than one year under RCW 28A.600.010. The superintendent of the school district, educational service district, state school for the deaf, or state school for the blind may modify the expulsion of a student on a case-by-case basis.
(2) For purposes of this section, "firearm" means a firearm as defined in 18 U.S.C. Sec. 921, and a "firearm" as defined in RCW 9.41.010.
(3) This section shall be construed in a manner consistent with the individuals with disabilities education act, 20 U.S.C. Sec. 1401 et seq.
(4) Nothing in this section prevents a public school district, educational service district, the state school for the deaf, or the state school for the blind if it has expelled a student from such student's regular school setting from providing educational services to the student in an alternative setting.
(5) This section does not apply to:
(a) Any student while engaged in military education authorized by school authorities in which rifles are used but not other firearms; or
(b) Any student while involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the rifles of collectors or instructors are handled or displayed but not other firearms; or
(c) Any student while participating in a rifle competition authorized by school authorities.
NEW SECTION. Sec. 305. The following sections are each recodified as new sections in chapter 28A.410 RCW:
RCW 28A.405.010
RCW 28A.405.025
NEW SECTION. Sec. 306. The following sections are recodified as a new chapter in Title 28B RCW:
RCW 28A.610.010
RCW 28A.610.020
RCW 28A.610.030
RCW 28A.610.040
RCW 28A.610.050
NEW SECTION. Sec. 307. The following acts or parts of acts are each repealed:
(1) RCW 28A.175.070 and 1994 c 245 s 6 & 1987 c 518 s 219;
(2) RCW 28A.210.005 and 1989 1st ex.s. c 9 s 239;
(3) RCW 28A.215.300 and 1986 c 150 s 1;
(4) RCW 28A.215.310 and 1990 c 33 s 216 & 1986 c 150 s 2;
(5) RCW 28A.215.320 and 1986 c 150 s 3;
(6) RCW 28A.215.330 and 1990 c 33 s 217 & 1986 c 150 s 4; and
(7) RCW 28A.234.010 and 1993 sp.s. c 4 s 15.
Sec. 308. RCW 28A.215.020 and 1990 c 33 s 210 are each amended to read as follows:
Expenditures under federal funds and/or state appropriations made to carry out the purposes of RCW 28A.215.010 through 28A.215.050 ((and 28A.215.300 through 28A.215.330)) shall be made by warrants issued by the state treasurer upon order of the superintendent of public instruction. The state board of education shall make necessary rules and regulations to carry out the purpose of RCW 28A.215.010.
Sec. 309. RCW 28A.215.030 and 1990 c 33 s 211 are each amended to read as follows:
In the event the legislature appropriates any moneys to carry out the purposes of RCW 28A.215.010 through 28A.215.050 ((and 28A.215.300 through 28A.215.330)), allocations therefrom may be made to school districts for the purpose of underwriting allocations made or requested from federal funds until such federal funds are available. Any school district may allocate a portion of its funds for the purpose of carrying out the provisions of RCW 28A.215.010 through 28A.215.050 ((and 28A.215.300 through 28A.215.330)) pending the receipt of reimbursement from funds made available by acts of congress.
Sec. 310. RCW 28A.215.050 and 1990 c 33 s 212 are each amended to read as follows:
As a supplement to the authority otherwise granted by RCW 28A.215.010 through 28A.215.050 ((and 28A.215.300 through 28A.215.330)) respecting the care or instruction, or both, of children in general, the board of directors of any school district may only utilize funds outside the state basic education appropriation and the state school transportation appropriation to:
(1) Contract with public and private entities to conduct all or any portion of the management and operation of a child care program at a school district site or elsewhere;
(2) Establish charges based upon costs incurred under this section and provide for the reduction or waiver of charges in individual cases based upon the financial ability of the parents or legal guardians of enrolled children to pay the charges, or upon their provision of other valuable consideration to the school district; and
(3) Transport children enrolled in a child care program to the program and to related sites using district-owned school buses and other motor vehicles, or by contracting for such transportation and related services: PROVIDED, That no child three years of age or younger shall be transported under the provisions of this section unless accompanied by a parent or guardian.
Sec. 401. RCW 28A.405.120 and 1985 c 420 s 3 are each amended to read as follows:
School districts shall require each administrator, each principal, or other supervisory personnel who has responsibility for evaluating classroom teachers to have training in evaluation procedures. ((The superintendent of public instruction shall provide technical assistance to the local school districts and to the educational service districts in providing training to evaluators.))
NEW SECTION. Sec. 402. The following acts or parts of acts are each repealed:
(1) RCW 28A.175.020 and 1987 c 518 s 213;
(2) RCW 28A.175.030 and 1990 c 33 s 160, 1989 c 209 s 1, & 1987 c 518 s 214;
(3) RCW 28A.175.040 and 1990 c 33 s 161, 1989 c 209 s 2, & 1987 c 518 s 215;
(4) RCW 28A.175.050 and 1990 c 33 s 162 & 1987 c 518 s 217;
(5) RCW 28A.240.010 and 1990 c 33 s 248 & 1985 c 422 s 2;
(6) RCW 28A.240.020 and 1985 c 422 s 1;
(7) RCW 28A.240.030 and 1990 c 33 s 249 & 1985 c 422 s 3;
(8) RCW 28A.300.110 and 1990 c 33 s 255, 1987 1st ex.s. c 2 s 208, 1987 c 197 s 1, & 1984 c 278 s 5;
(9) RCW 28A.300.180 and 1989 c 146 s 3;
(10) RCW 28A.300.200 and 1991 c 128 s 13 & 1990 c 243 s 9;
(11) RCW 28A.415.110 and 1991 c 258 s 3;
(12) RCW 28A.415.115 and 1991 c 258 s 4;
(13) RCW 28A.415.220 and 1993 c 217 s 1 & 1991 c 252 s 1;
(14) RCW 28A.600.425 and 1992 c 196 s 2;
(15) RCW 28A.600.430 and 1992 c 196 s 3;
(16) RCW 28A.600.435 and 1992 c 196 s 4;
(17) RCW 28A.600.440 and 1992 c 196 s 5;
(18) RCW 28A.600.445 and 1992 c 196 s 6;
(19) RCW 28A.600.450 and 1992 c 196 s 7;
(20) RCW 28A.615.060 and 1989 c 310 s 1;
(21) RCW 28A.625.300 and 1985 c 349 s 4;
(22) RCW 28A.630.070 and 1990 c 148 s 2;
(23) RCW 28A.630.075 and 1990 c 148 s 3;
(24) RCW 28A.630.300 and 1987 c 349 s 1;
(25) RCW 28A.630.320 and 1990 c 33 s 534 & 1987 c 349 s 3;
(26) RCW 28A.630.330 and 1990 c 33 s 535 & 1987 c 349 s 4; and
(27) RCW 28A.630.390 and 1987 c 349 s 7.
Sec. 403. RCW 28A.415.105 and 1991 c 258 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW ((28A.415.110)) 28A.415.125 through 28A.415.140.
(1) "Cooperating organizations" means that at least one school district, one college or university, and one educational service district are involved jointly with the development of a student teaching center.
(2) "Cooperating teacher" means a teacher who holds a continuing certificate and supervises and coaches a student teacher.
(3) "Field experience" means opportunities for observation, tutoring, microteaching, extended practicums, and clinical and laboratory experiences which do not fall within the meaning of student teaching.
(4) "School setting" means a classroom in a public, common school in the state of Washington.
(5) "Student teacher" means a candidate for initial teacher certification who is in a state board of education-approved, or regionally or nationally accredited teacher preparation program in a school setting as part of the field-based component of their preparation program.
(6) "Student teaching" means the full quarter or semester in a school setting during which the student teacher observes the cooperating teacher, participates in instructional activities, and assumes both part-time and full-time teaching responsibilities under the supervision of the cooperating teacher.
(7) "Student teaching center" means the program established to provide student teachers in a geographic region of the state with special support and training as part of their teacher preparation program.
(8) "Supervisor or university supervisor" means the regular or adjunct faculty member, or college or university-approved designee, who assists and supervises the work of cooperating teachers and student teachers.
Sec. 404. RCW 28B.90.005 and 1993 c 181 s 1 are each amended to read as follows:
The legislature finds that it has previously declared in RCW 28B.107.005 that it is important to the economic future of the state to promote international awareness and understanding, and in RCW 1.20.100 ((and 28A.630.300)), that the state's economy and economic well-being depends heavily on foreign trade and international exchange.
The legislature finds that it is appropriate that such policies should be implemented by encouraging universities and colleges domiciled in foreign countries to establish branch campuses in Washington and that it is also important to those foreign colleges and universities that their status as authorized foreign degree-granting institutions be recognized by this state to facilitate the establishment and operation of such branch campuses.
In the furtherance of such policy, the legislature adopts the foreign degree-granting institution approved branch campus act.
NEW SECTION. Sec. 405. RCW 28A.415.120 and 1991 c 258 s 5 are each repealed.
Sec. 501. RCW 28A.215.170 and 1994 c 166 s 9 are each amended to read as follows:
((The governor shall report to the legislature before each regular session of the legislature convening in an odd-numbered year, on the current status of the program, the state-wide need for early childhood program services, and the plans to address these needs. The department shall consult with the office of the superintendent of public instruction in the preparation of the biennial report and on all issues of mutual concern addressed in the report.
The governor's report shall include specific recommendations on at least the following issues:
(1) The desired relationships of a state-funded early childhood education and assistance program with the common school system;
(2) The types of children and their needs that the program should serve;
(3) The appropriate level of state support for implementing a comprehensive early childhood education and assistance program for all eligible children, including related programs to prepare instructors and provide facilities, equipment, and transportation;
(4) The state administrative structure necessary to implement the program; and
(5) The establishment of a system)) The department shall annually report to the governor and the legislature on the findings of the longitudinal study undertaken to examine and monitor the effectiveness of early childhood educational and assistance services for eligible children to measure, among other elements, if possible, how the average level of performance of children completing this program compare to the average level of performance of all state students in their grade level, and to the average level of performance of those eligible students who did not have access to this program. The evaluation system shall examine how the percentage of these children needing access to special education or remedial programs compares to the overall percentage of children needing such services and compares to the percentage of eligible students who did not have access to this program needing such services.
Sec. 502. RCW 28A.320.200 and 1990 c 33 s 333 are each amended to read as follows:
(1) Each school district board of directors shall develop a schedule and process by which each public school within its jurisdiction shall undertake self-study procedures on a regular basis: PROVIDED, That districts may allow two or more elementary school buildings in the district to undertake jointly the self-study process. Each school may follow the accreditation process developed by the state board of education under RCW 28A.305.130(6), although no school is required to file for actual accreditation, or the school may follow a self-study process developed locally. The initial self-study process within each district shall begin by September 1, 1986, and should be completed for all schools within a district by the end of the 1990-91 school year.
(2) Any self-study process must include the participation of staff, parents, members of the community, and students, where appropriate to their age.
(3) The self-study process that is used must focus upon the quality and appropriateness of the school's educational program and the results of its operational effort. The primary emphasis throughout the process shall be placed upon:
(a) Achieving educational excellence and equity;
(b) Building stronger links with the community; and
(c) Reaching consensus upon educational expectations through community involvement and corresponding school management.
(4) The state board of education shall adopt rules governing procedural criteria. Such rules should be flexible so as to accommodate local goals and circumstances. The rules may allow for waiver of the self-study for economic reasons and may also allow for waiver of the initial self-study if a district or its schools have participated successfully in an official accreditation process or in a similar assessment of educational programs within the last three years. The self-study process shall be conducted on a cyclical basis every seven years following the initial 1990-91 period.
(5) The superintendent of public instruction shall provide training to assist districts in their self-studies.
(((6) Each district shall report every two years to the superintendent of public instruction on the scheduling and implementation of their self-study activities. The report shall include information about how the district and each school within the district have addressed the issue of class size and staffing patterns.))
Sec. 503. RCW 28A.330.100 and 1991 c 116 s 17 are each amended to read as follows:
Every board of directors of a school district of the first class, in addition to the general powers for directors enumerated in this title, shall have the power:
(1) To employ for a term of not exceeding three years a superintendent of schools of the district, and for cause to dismiss him or her; and to fix his or her duties and compensation.
(2) To employ, and for cause dismiss one or more assistant superintendents and to define their duties and fix their compensation.
(3) To employ a business manager, attorneys, architects, inspectors of construction, superintendents of buildings and a superintendent of supplies, all of whom shall serve at the board's pleasure, and to prescribe their duties and fix their compensation.
(4) To employ, and for cause dismiss, supervisors of instruction and to define their duties and fix their compensation.
(5) To prescribe a course of study and a program of exercises which shall be consistent with the course of study prepared by the state board of education for the use of the common schools of this state.
(6) To, in addition to the minimum requirements imposed by this title establish and maintain such grades and departments, including night, high, kindergarten, vocational training and, except as otherwise provided by law, industrial schools, and schools and departments for the education and training of any class or classes of handicapped youth, as in the judgment of the board, best shall promote the interests of education in the district.
(7) To determine the length of time over and above one hundred eighty days that school shall be maintained: PROVIDED, That for purposes of apportionment no district shall be credited with more than one hundred and eighty-three days' attendance in any school year; and to fix the time for annual opening and closing of schools and for the daily dismissal of pupils before the regular time for closing schools.
(8) To maintain a shop and repair department, and to employ, and for cause dismiss, a foreman and the necessary help for the maintenance and conduct thereof.
(9) To provide free textbooks and supplies for all children attending school.
(10) To require of the officers or employees of the district to give a bond for the honest performance of their duties in such penal sum as may be fixed by the board with good and sufficient surety, and to cause the premium for all bonds required of all such officers or employees to be paid by the district: PROVIDED, That the board may, by written policy, allow that such bonds may include a deductible proviso not to exceed two percent of the officer's or employee's annual salary.
(11) To prohibit all secret fraternities and sororities among the students in any of the schools of the said districts.
(12) To appoint a practicing physician, resident of the school district, who shall be known as the school district medical inspector, and whose duty it shall be to decide for the board of directors all questions of sanitation and health affecting the safety and welfare of the public schools of the district who shall serve at the board's pleasure((; the school district medical inspector or authorized deputies shall make monthly inspections of each school in the district and report the condition of the same to the board of education and board of health)): PROVIDED, That children shall not be required to submit to vaccination against the will of their parents or guardian.
Sec. 504. RCW 28A.400.306 and 1992 c 159 s 9 are each amended to read as follows:
The state patrol shall accept fingerprints obtained under this chapter only if it can ensure that the patrol will not retain a record of the fingerprints after the check is complete. It shall not forward fingerprints obtained under this chapter to the federal bureau of investigation unless it can ensure that the federal bureau of investigation will not retain a record of the fingerprints after the check is complete. ((The state patrol shall report to the house of representatives appropriations committee and the senate ways and means committee on measures taken to implement this section before accepting any fingerprints obtained under this chapter.))
Sec. 505. RCW 28A.630.885 and 1994 c 245 s 13 are each amended to read as follows:
(1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, to develop student assessment and school accountability systems, to review current school district data reporting requirements and make recommendations on what data is necessary for the purposes of accountability and meeting state information needs, 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 five members appointed no later than 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 in 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 racial and ethnic 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.
(2) The commission shall establish advisory committees. Membership of the 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.
(3) The commission, with the assistance of the advisory committees, shall:
(a) Develop essential academic learning requirements based on the student learning goals in RCW 28A.150.210. Essential academic learning requirements shall be developed, to the extent possible, for each of the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. Essential academic learning requirements for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be completed no later than March 1, 1995. Essential academic learning requirements that incorporate the remainder of RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be completed no later than March 1, 1996. To the maximum extent possible, the commission shall integrate goal four and the knowledge and skill areas in the other goals in the development of the essential academic learning requirements;
(b)(i) The commission shall present to the state board of education and superintendent of public instruction a state-wide academic assessment system for use in the elementary, middle, and high school years 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 assessment methods, including performance-based measures that are criterion-referenced. Performance standards for determining if a student has successfully completed an assessment shall be initially determined by the commission in consultation with the advisory committees required in subsection (2) of this section.
(ii) 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 have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.
(iii) Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be initially implemented by the state board of education and superintendent of public instruction no later than the 1996-97 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be initially implemented by the state board of education and superintendent of public instruction no later than the 1997-98 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. To the maximum extent possible, the commission shall integrate knowledge and skill areas in development of the assessments.
(iv) Before the 2000-2001 school year, participation by school districts in the assessment system shall be optional. School districts that desire to participate before the 2000-2001 school year shall notify the superintendent of public instruction in a manner determined by the superintendent. Beginning in the 2000-2001 school year, all school districts shall be required to participate in the assessment system.
(v) The state board of education and superintendent of public instruction may modify the essential academic learning requirements and academic assessment system, as needed, in subsequent school years.
(vi) The commission shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender;
(c) After a determination is made by the state board of education that the high school assessment system has been implemented and that it is sufficiently reliable and valid, successful completion of the high school assessment shall lead to a certificate of mastery. The certificate of mastery shall be obtained by most students at about the age of sixteen, and is evidence that the student has successfully mastered the essential academic learning requirements during his or her educational career. The certificate of mastery shall be required for graduation but shall not be the only requirement for graduation. The commission shall make recommendations to the state board of education regarding the relationship between the certificate of mastery and high school graduation requirements. Upon achieving the certificate of mastery, schools shall provide students with the opportunity to continue to pursue career and educational objectives through educational pathways that emphasize integration of academic and vocational education. Educational pathways may include, but are not limited to, programs such as work-based learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for technical college, community college, or university education;
(d) Consider methods to address the unique needs of special education students when developing the assessments in (b) and (c) of this subsection;
(e) Consider methods to address the unique needs of highly capable students when developing the assessments in (b) and (c) of this subsection;
(f) 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 academic assessment system;
(g) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements for public school students that are consistent with the essential academic learning requirements and the certificate of mastery;
(h) Review current school district data reporting requirements for the purposes of accountability and meeting state information needs. The commission on student learning shall report recommendations to the joint select committee on education restructuring by September 15, 1996, on:
(i) What data is necessary to compare how school districts are performing before the essential academic learning requirements and the assessment system are implemented with how school districts are performing after the essential academic learning requirements and the assessment system are implemented; and
(ii) What data is necessary pertaining to school district reports under the accountability systems developed by the commission on student learning under this section;
(i) By December 1, 1998, recommend to the legislature, governor, state board of education, and superintendent of public instruction:
(i) A state-wide accountability system to monitor and evaluate accurately and fairly the level of learning occurring in individual schools and school districts. The accountability system shall be designed to recognize the characteristics of the student population of schools and school districts such as gender, race, ethnicity, socioeconomic status, and other factors. The system shall include school-site, school district, and state-level accountability reports;
(ii) A school assistance program to help schools and school districts that are having difficulty helping students meet the essential academic learning requirements;
(iii) A system to intervene in schools and school districts in which significant numbers of students persistently fail to learn the essential academic learning requirements; and
(iv) An awards program to provide incentives to school staff to help their students learn the essential academic learning requirements, with each school being assessed individually against its own baseline. Incentives shall be based on the rate of percentage change of students achieving the essential academic learning requirements. School staff shall determine how the awards will be spent.
It is the intent of the legislature to begin implementation of programs in this subsection (3)(((h))) (i) on September 1, 2000;
(((i))) (j) Report annually by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission; and
(((j))) (k) Make recommendations to the legislature and take other actions necessary or desirable to help students meet the student learning goals.
(4) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.
(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.
(6) The commission shall select an entity to provide staff support and the office of the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.
(7) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
Sec. 506. RCW 28A.630.952 and 1994 c 245 s 4 are each amended to read as follows:
(1) In addition to the duties in RCW 28A.630.951, the joint select committee on education restructuring shall review all laws pertaining to K-12 public education and to educator preparation and certification with the intent of identifying laws that inhibit the achievement of the new system of performance-based education. The select committee shall report to the legislature by November 15, 1994. The laws pertaining to home schooling and private schools shall not be reviewed in this study.
(2) The joint select committee on education restructuring shall review ((current)) the school district data reporting requirements for the purposes of accountability and meeting state information needs reported by the commission on student learning under RCW 28A.630.885. The joint select committee shall report its recommendations to the legislature by January 1996 ((on:
(a) What data is necessary to compare how school districts are performing before the essential academic learning requirements and the assessment system are implemented with how school districts are performing after the essential academic learning requirements and the assessment system are implemented; and
(b) What data is necessary pertaining to school district reports under the accountability systems developed by the commission on student learning under RCW 28A.630.885(3)(h))).
Sec. 507. RCW 28A.650.015 and 1994 c 245 s 2 are each amended to read as follows:
(1) The superintendent of public instruction, to the extent funds are appropriated, shall develop and implement a Washington state K-12 education technology plan. The technology plan((, which)) shall be ((completed by September 1, 1994, and)) updated on at least a biennial basis, shall be developed to coordinate and expand the use of education technology in the common schools of the state. The plan shall be consistent with applicable provisions of chapter 43.105 RCW. The plan, at a minimum, shall address:
(a) The provision of technical assistance to schools and school districts for the planning, implementation, and training of staff in the use of technology in curricular and administrative functions;
(b) The continued development of a network to connect school districts, institutions of higher learning, and other sources of on-line information; and
(c) Methods to equitably increase the use of education technology by students and school personnel throughout the state.
(2) The superintendent of public instruction shall appoint an educational technology advisory committee to assist in the development and implementation of the technology plan in subsection (1) of this section. The committee shall include, but is not limited to, persons representing: The state board of education, the commission on student learning, the department of information services, educational service districts, school directors, school administrators, school principals, teachers, classified staff, higher education faculty, parents, students, business, labor, scientists and mathematicians, the higher education coordinating board, the work force training and education coordinating board, and the state library.
NEW SECTION. Sec. 508. The following acts or parts of acts are each repealed:
(1) RCW 28A.205.060 and 1993 c 211 s 5 & 1985 c 434 s 2;
(2) RCW 28A.225.180 and 1990 c 33 s 233 & 1969 ex.s. c 223 s 28A.58.215;
(3) RCW 28A.225.320 and 1990 1st ex.s. c 9 s 210;
(4) RCW 28A.300.210 and 1991 c 201 s 18;
(5) RCW 28A.335.310 and 1993 c 461 s 3; and
(6) RCW 28A.340.050 and 1990 c 33 s 370 & 1988 c 268 s 7.
Sec. 601. RCW 28A.180.080 and 1990 c 33 s 167 are each amended to read as follows:
The superintendent of public instruction shall prepare and submit biennially to the governor and the legislature a budget request for bilingual instruction programs. Moneys appropriated by the legislature for the purposes of RCW 28A.180.010 through 28A.180.080 shall be allocated by the superintendent of public instruction to school districts for the sole purpose of operating an approved bilingual instruction program; priorities for funding shall exist for the early elementary grades. No moneys shall be allocated pursuant to this section to fund more than three school years of bilingual instruction for each eligible pupil within a district: PROVIDED, That such moneys may be allocated to fund more than three school years of bilingual instruction for any pupil who fails to demonstrate improvement in English language skills adequate to remove impairment of learning when taught only in English. The superintendent of public instruction shall set standards and approve a test for the measurement of such English language skills. ((School districts are hereby empowered to accept grants, gifts, donations, devices and other gratuities from private and public sources to aid in accomplishing the purposes of RCW 28A.180.010 through 28A.180.080.))
Sec. 602. RCW 28A.225.220 and 1993 c 336 s 1008 are each amended to read as follows:
(1) Any board of directors may make agreements with adults choosing to attend school((: PROVIDED, That unless such arrangements are approved by the state superintendent of public instruction, a reasonable tuition charge, fixed by the state superintendent of public instruction, shall be paid by such students as best may be accommodated therein)), and may charge the adults reasonable tuition.
(2) A district is strongly encouraged to honor the request of a parent or guardian for his or her child to attend a school in another district.
(3) A district shall release a student to a nonresident district that agrees to accept the student if:
(a) A financial, educational, safety, or health condition affecting the student would likely be reasonably improved as a result of the transfer; or
(b) Attendance at the school in the nonresident district is more accessible to the parent's place of work or to the location of child care; or
(c) There is a special hardship or detrimental condition.
(4) A district may deny the request of a resident student to transfer to a nonresident district if the release of the student would adversely affect the district's existing desegregation plan.
(5) For the purpose of helping a district assess the quality of its education program, a resident school district may request an optional exit interview or questionnaire with the parents or guardians of a child transferring to another district. No parent or guardian may be forced to attend such an interview or complete the questionnaire.
(6) Beginning with the 1993-94 school year, school districts may not charge transfer fees or tuition for nonresident students enrolled under subsection (3) of this section and RCW 28A.225.225. Reimbursement of a high school district for cost of educating high school pupils of a nonhigh school district shall not be deemed a transfer fee as affecting the apportionment of current state school funds.
Sec. 603. RCW 28A.225.250 and 1969 c 130 s 11 are each amended to read as follows:
((Notwithstanding any other provision of law,)) (1) The state superintendent of public instruction is directed and authorized to develop and adopt rules ((and regulations to implement such voluntary, tuition free attendance programs among school districts that he)) governing cooperative programs between and among school districts and educational service districts that the superintendent deems necessary ((for the expressed purpose of)) to assure:
(((1) Providing educational opportunities, including vocational skills programs, not otherwise provided;
(2) Avoiding unnecessary duplication of specialized or unusually expensive educational programs and facilities; or
(3) Improving racial balance within and among school districts: PROVIDED, That no voluntary, tuition free attendance program among school districts developed by the superintendent of public instruction shall be instituted unless such program receives the approval of the boards of directors of the districts))
(a) Correct calculation of state apportionment payments;
(b) Proper budgeting and accounting for interdistrict cooperative program revenues and expenditures;
(c) Reporting of student, personnel, and fiscal data to meet state needs; and
(d) Protection of the right of residents of Washington under twenty-one years of age to a tuition-free program of basic education.
(2) Unless specifically authorized in law, interdistrict cooperative programs shall not be designed to systematically increase state allocation above amounts required if services were provided by the resident school district.
Sec. 604. RCW 28A.335.160 and 1990 c 33 s 359 are each amended to read as follows:
Any school district may cooperate with one or more school districts in the ((following:
(1) The)) joint financing, planning, construction, equipping and operating of any educational facility otherwise authorized by law: PROVIDED, That any cooperative financing plan involving the construction of school plant facilities must be approved by the state board of education pursuant to such rules as may now or hereafter be promulgated relating to state approval of school construction.
(((2) The joint maintenance and operation of educational programs or services (a) either as a part of the operation of a joint facility or otherwise, (b) either on a full or part time attendance basis, and (c) either on a regular one hundred eighty day school year or extended school year: PROVIDED, That any such joint program or service must be operated pursuant to a written agreement approved by the superintendent of public instruction pursuant to rules and regulations promulgated therefor. In establishing rules and regulations the state superintendent shall consider, among such other factors as the superintendent deems appropriate, the economic feasibility of said services and programs, the educational and administrative scope of said agreement and the need for said programs or services.
Notwithstanding any other provision of the law, the state superintendent of public instruction shall establish rules and regulations for the apportionment of attendance credits for such students as are enrolled in a jointly operated facility or program, including apportionment for approved part time and extended school year attendance.))
NEW SECTION. Sec. 605. The following acts or parts of acts are each repealed:
(1) RCW 28A.170.100 and 1991 c 116 s 24, 1990 c 33 s 159, & 1989 c 271 s 313;
(2) RCW 28A.175.080 and 1989 c 233 s 7;
(3) RCW 28A.180.050 and 1984 c 124 s 4, & 1979 c 95 s 4;
(4) RCW 28A.180.070 and 1990 c 33 s 166 & 1984 c 124 s 6; and
(5) RCW 28A.415.050 and 1985 c 419 s 2.
PART VII - MANDATES ON SCHOOL DISTRICT OPERATIONS
Sec. 701. RCW 28A.405.070 and 1989 c 206 s 1 are each amended to read as follows:
((In filling a position)) Effective December 31, 1995, school and educational service districts shall ((consider applications from two individuals wishing to share a job. All announcements of job openings shall contain a statement indicating the district will accept applications from individuals wishing to share the position. Job sharing shall be available to certificated staff)) have a policy on the sharing of jobs by district employees.
Sec. 702. RCW 28A.405.460 and 1991 c 116 s 15 are each amended to read as follows:
All certificated employees of school districts shall be allowed a reasonable lunch period of not less than thirty continuous minutes per day during the regular school lunch periods and during which they shall have no assigned duties: PROVIDED, That local districts may work out other arrangements with the consent of all affected parties.
NEW SECTION. Sec. 703. RCW 28A.400.150 and 1990 c 33 s 380 & 1969 ex.s. c 223 s 28A.58.170 are each repealed.
NEW SECTION. Sec. 801. The repeal of any programs that are not funded as of the effective date of this section is not intended to comment on the value of the services provided by the programs. The repeal of statutes in chapter . . ., Laws of 1995 (this act) does not affect the general authority of school districts to provide services to accomplish the purposes of these programs. The deletion or repeal of language that permitted school districts to carry out specific activities that would be within their general authority is not intended to affect the general authority of school districts to continue to carry out those activities.
NEW SECTION. Sec. 802. Sections 109 through 112 of this act shall expire June 30, 1999.
NEW SECTION. Sec. 803. Section 505 of this act shall expire September 1, 1998.
NEW SECTION. Sec. 804. Section 506 of this act shall expire December 1, 2001.
NEW SECTION. Sec. 805. Part headings and the table of contents as used in this act do not constitute any part of the law."
On page 1, line 2 of the title, after "restructuring;" strike the remainder of the title and insert "amending RCW 28A.150.360, 28A.150.370, 28A.150.380, 28A.215.010, 28A.215.040, 28A.625.010, 28A.625.050, 28A.630.868, 28A.630.870, 28A.630.874, 28A.630.880, 28A.205.050, 28A.630.400, 28A.170.075, 28A.170.090, 28A.610.010, 28A.610.020, 28A.610.030, 28A.600.---, 28A.215.020, 28A.215.030, 28A.215.050, 28A.405.120, 28A.415.105, 28B.90.005, 28A.215.170, 28A.320.200, 28A.330.100, 28A.400.306, 28A.630.885, 28A.630.952, 28A.650.015, 28A.180.080, 28A.225.220, 28A.225.250, 28A.335.160, 28A.405.070, and 28A.405.460; reenacting and amending RCW 28A.315.680; adding new sections to chapter 28A.410 RCW; adding a new chapter to Title 28B RCW; creating new sections; recodifying RCW 28A.405.010, 28A.405.025, 28A.610.010, 28A.610.020, 28A.610.030, 28A.610.040, and 28A.610.050; repealing RCW 28A.310.380, 28A.170.010, 28A.170.020, 28A.170.030, 28A.170.040, 28A.170.060, 28A.170.070, 28A.175.060, 28A.210.050, 28A.225.190, 28A.405.150, 28A.405.160, 28A.415.290, 28A.630.090, 28A.630.091, 28A.630.750, 28A.630.753, 28A.630.756, 28A.630.759, 28A.630.762, 28A.630.765, 28A.630.768, 28A.630.771, 28A.630.774, 28A.630.777, 28A.630.780, 28A.630.783, 28A.630.786, 28A.630.789, 28A.630.800, 28A.175.070, 28A.210.005, 28A.215.300, 28A.215.310, 28A.215.320, 28A.215.330, 28A.234.010, 28A.175.020, 28A.175.030, 28A.175.040, 28A.175.050, 28A.240.010, 28A.240.020, 28A.240.030, 28A.300.110, 28A.300.180, 28A.300.200, 28A.415.110, 28A.415.115, 28A.415.220, 28A.600.425, 28A.600.430, 28A.600.435, 28A.600.440, 28A.600.445, 28A.600.450, 28A.615.060, 28A.625.300, 28A.630.070, 28A.630.075, 28A.630.300, 28A.630.320, 28A.630.330, 28A.630.390, 28A.415.120, 28A.205.060, 28A.225.180, 28A.225.320, 28A.300.210, 28A.335.310, 28A.340.050, 28A.170.100, 28A.175.080, 28A.180.050, 28A.180.070, 28A.415.050, and 28A.400.150; and providing expiration dates.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator McAuliffe moved that the Senate do concur in the House amendments to Engrossed Substitute Senate Bill No. 5169.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator McAuliffe that the Senate do concur in the House amendments to Engrossed Substitute Senate Bill No. 5169.
The motion by Senator McAuliffe carried and the Senate concurred in the House amendments to Engrossed Substitute Senate Bill No. 5169.
MOTION
On motion of Senator Ann Anderson, Senators McDonald and Moyer were excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5169, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5169, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Absent: Senator Fraser - 1.
Excused: Senators Anderson, C., Finkbeiner, McDonald and Moyer - 4.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5169, as amended by the House, 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.
PERSONAL PRIVILEGE
Senator Deccio: "A point of personal privilege, Mr. President. I want to thank you so much for the loan of the tie this morning. I received so many compliments that I think I would like to keep it, but I spilled soup on it at lunch and it improved the looks so much, I don't think I'll get it cleaned before I give it back to you. I would like to have you think about either giving it to Senator McCaslin or Sellar. It would improve their wardrobe, but I do want to thank you. I appreciate it."
MESSAGE FROM THE HOUSE
April 21, 1995
MR. PRESIDENT:
Under the suspension of the rules, SENATE BILL NO. 5990 was returned to second reading for purpose of amendments. The following amendments were adopted and the bill passed the House as amended:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 41.50 RCW to read as follows:
(1) Except as limited by subsection (3) of this section, the governing body of an employer under chapter 41.32 or 41.40 RCW shall comply with the provisions of subsection (2) of this section prior to executing a contract or collective bargaining agreement with members under chapter 41.32 or 41.40 RCW which provides for:
(a) A cash out of unused annual leave in excess of two hundred forty hours of such leave. "Cash out" for purposes of this subsection means any payment in lieu of an accrual of annual leave or any payment added to regular salary, concurrent with a reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense or transportation allowance;
(d) The portion of any payment, including overtime payments, that exceeds twice the regular rate of pay; or
(e) Any other termination or severance payment.
(2) Any governing body entering into a contract that includes a compensation provision listed in subsection (1) of this section shall do so only after public notice in compliance with the open public meetings act, chapter 42.30 RCW. This notification requirement may be accomplished as part of the approval process for adopting a contract in whole, and does not require separate or additional open public meetings. At the public meeting, full disclosure shall be made of the nature of the proposed compensation provision, and the employer's estimate of the excess compensation billings under RCW 41.50.150 that the employing entity would have to pay as a result of the proposed compensation provision. The employer shall notify the department of its compliance with this section at the time the department bills the employer under RCW 41.40.150 for the pension impact of compensation provisions listed in subsection (1) of this section that are adopted after the effective date of this act.
(3) The requirements of subsection (2) of this section shall not apply to the adoption of a compensation provision listed in subsection (1) of this section if the compensation would not be includable in calculating benefits under chapter 41.32 or 41.40 RCW for the employees covered by the compensation provision."
On page 1, line 2 of the title, after "compensation;" strike the remainder of the title and insert "and adding a new section to chapter 41.50 RCW.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Bauer moved that the Senate do concur in the House amendments to Senate Bill No. 5990.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Bauer that the Senate do concur in the House amendments to Senate Bill No. 5990.
The motion by Senator Bauer carried and the Senate concurred in the House amendments to Senate Bill No. 5990.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5990, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5990, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Excused: Senators Anderson, C. and Finkbeiner - 2.
SENATE BILL NO. 5990, as amended by the House, 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.
CONFERENCE COMMITTEE REPORT
ESHB 1821 April 21, 1995
Includes "NEW ITEMS": YES
Modifying unemployment compensation for persons employed under public employment contracts
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE HOUSE BILL NO. 1821, Modifying unemployment compensation for persons employed under public employment contracts, have had the same under consideration and we recommend that:
The Senate Committee on Labor, Commerce and Trade amendment(s) adopted on April 5, 1995, 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 50.04.320 and 1986 c 21 s 1 are each amended to read as follows:
(1) For the purpose of payment of contributions, "wages" means the remuneration paid by one employer during any calendar year to an individual in its employment under this title or the unemployment compensation law of any other state in the amount specified in RCW 50.24.010. If an employer (hereinafter referred to as a successor employer) during any calendar year acquires substantially all the operating assets of another employer (hereinafter referred to as a predecessor employer) or assets used in a separate unit of a trade or business of a predecessor employer, and immediately after the acquisition employs in the individual's trade or business an individual who immediately before the acquisition was employed in the trade or business of the predecessor employer, then, for the purposes of determining the amount of remuneration paid by the successor employer to the individual during the calendar year which is subject to contributions, any remuneration paid to the individual by the predecessor employer during that calendar year and before the acquisition shall be considered as having been paid by the successor employer.
(2) For the purpose of payment of benefits, "wages" means the remuneration paid by one or more employers to an individual for employment under this title during his base year: PROVIDED, That at the request of a claimant, wages may be calculated on the basis of remuneration payable. The department shall notify each claimant that wages are calculated on the basis of remuneration paid, but at the claimant's request a redetermination may be performed and based on remuneration payable.
(3) For the purpose of payment of benefits and payment of contributions, the term "wages" includes tips which are received after January 1, 1987, while performing services which constitute employment, and which are reported to the employer for federal income tax purposes.
(4)(a) "Remuneration" means all compensation paid for personal services including commissions and bonuses and the cash value of all compensation paid in any medium other than cash. The reasonable cash value of compensation paid in any medium other than cash and the reasonable value of gratuities shall be estimated and determined in accordance with rules prescribed by the commissioner. Remuneration does not include payments to members of a reserve component of the armed forces of the United States, including the organized militia of the state of Washington, for the performance of duty for periods not exceeding seventy-two hours at a time.
(b) Previously accrued compensation, other than severance pay or payments received pursuant to plant closure agreements, when assigned to a specific period of time by virtue of a collective bargaining agreement, individual employment contract, customary trade practice, or request of the individual compensated, shall be considered remuneration for the period to which it is assigned. Assignment clearly occurs when the compensation serves to make the individual eligible for all regular fringe benefits for the period to which the compensation is assigned.
(c) Settlements or other proceeds received by an individual as a result of a negotiated settlement for termination of an employment contract with a public agency prior to its expiration date shall be considered remuneration. The proceeds shall be deemed assigned in the same intervals and in the same amount for each interval as compensation was allocated under the contract.
(d) Except as provided in (c) of this subsection, the provisions of this ((section)) subsection (4) pertaining to the assignment of previously accrued compensation shall not apply to individuals subject to RCW 50.44.050.
Sec. 2. RCW 50.44.050 and 1990 c 33 s 587 are each amended to read as follows:
Except as otherwise provided in subsections (1) through (4) of this section, benefits based on services in employment covered by or pursuant to this chapter shall be payable on the same terms and subject to the same conditions as compensation payable on the basis of other service subject to this title.
(1) Benefits based on service in an instructional, research or principal administrative capacity for an educational institution shall not be paid to an individual for any week of unemployment which commences during the period between two successive academic years or between two successive academic terms within an academic year (or, when an agreement provides instead for a similar period between two regular but not successive terms within an academic year, during such period) if such individual performs such services in the first of such academic years or terms and if there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms. Any employee of a common school district who is presumed to be reemployed pursuant to RCW 28A.405.210 shall be deemed to have a contract for the ensuing term.
(2) Benefits shall not be paid based on services in any other capacity for an educational institution for any week of unemployment which commences during the period between two successive academic years or between two successive academic terms within an academic year, if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms: PROVIDED, That if benefits are denied to any individual under this subsection and that individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, the individual is entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subsection.
(3) Benefits shall not be paid based on any services described in subsections (1) and (2) of this section for any week of unemployment which commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess, and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.
(4) Benefits shall not be paid (as specified in subsections (1), (2), or (3) of this section) based on any services described in subsections (1) or (2) of this section to any individual who performed such services in an educational institution while in the employ of an educational service district which is established pursuant to chapter 28A.310 RCW and exists to provide services to local school districts.
(5) As used in subsection (1) of this section, "academic year" means, with respect to services described in subsection (1) of this section performed by part-time faculty at community colleges and technical colleges: Fall, winter, spring, and summer quarters or comparable semesters unless, based upon objective criteria including enrollment and staffing, the quarter or comparable semester is not in fact a part of the academic year for the particular institution.
Sec. 3. RCW 50.44.053 and 1985 ex.s. c 5 s 9 are each amended to read as follows:
The term "reasonable assurance," as used in RCW 50.44.050, means a written, verbal, or implied agreement that the employee will perform services in the same capacity during the ensuing academic year or term as in the first academic year or term. However, with respect to services described in RCW 50.44.050(1) performed by part-time faculty for community colleges and technical colleges, the term "reasonable assurance" does not include an agreement that is contingent on enrollment, funding, or program changes. A person shall not be deemed to be performing services "in the same capacity" unless those services are rendered under the same terms or conditions of employment in the ensuing year as in the first academic year or term.
NEW SECTION. Sec. 4. The legislature finds that, as a general rule with limited exceptions, employees of educational institutions expect to be employed for no more than a nine or ten-month school year with a break between school years for the traditional summer vacation.
Because of the decision in Evans v. Employment Security Department, 72 Wn. App. 862 (1994), the legislature finds it necessary to clarify legislative intent with regard to unemployment compensation for employees of educational institutions. The 1995 c . . . s 2 (section 2 of this act) amendment to RCW 50.44.050 is intended to clarify that for the part-time faculty at two-year institutions of higher education, summer quarter may be expected to be a time of employment, unless otherwise shown. However, the 1995 c . . . s 2 (section 2 of this act) amendment to RCW 50.44.050 is not intended to change the general rules used by the employment security department prior to the Evans decision regarding unemployment compensation for other employees of educational institutions.
NEW SECTION. Sec. 5. 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. 6. 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. 7. 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 2 of the title, after "contracts;" strike the remainder of the title and insert "amending RCW 50.04.320, 50.44.050, and 50.44.053; creating new sections; and declaring an emergency.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Pelz, Newhouse, Kohl; Representatives Lisk, Carlson, Kessler
MOTION
Senator Pelz moved that the Senate adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1821.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Pelz that the Senate adopt the Report of the Conference Committee on Engrossed Substitute House Bill No. 1821.
The motion by Senator Pelz carried and the Senate adopted the Report of the Conference Committee on Engrossed Substitute House Bill No. 1821.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1821, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1821, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Absent: Senators Hargrove and Owen - 2.
Excused: Senators Anderson, C. and Finkbeiner - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1821, as recommended by the Conference Committee, 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.
CONFERENCE COMMITTEE REPORT
E2SHB 1941 April 21, 1995
Includes "NEW ITEMS": YES
Improving student learning by focusing on reading literacy
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1941, Improving student learning by focusing on reading literacy, have had the same under consideration and we recommend that:
The Senate amendment(s) by Senators Johnson and McAuliffe adopted on April 13, 1995, 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 the ability to read with comprehension and skill is essential for success in school, and for success in future life. As we enter into the twenty-first century, the ability to read is critical to personal and family prosperity. It is the intent of the legislature to improve student learning by focusing on reading literacy in our public schools.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.630 RCW to read as follows:
(1) The elementary grades assessment developed by the commission on student learning under RCW 28A.630.885(3)(b)(i) shall require that all public school students are assessed for reading literacy skills in the third grade no later than March 31st.
(2) The reading assessment in subsection (1) of this section shall be available for use by elementary schools no later than the 1996-97 school year. Elementary schools are encouraged to begin implementation of the assessment in the 1996-97 and 1997-98 school years.
(3) Notwithstanding the assessment implementation dates in RCW 28A.630.885, the reading assessment in subsection (1) of this section shall be implemented state-wide to all public school third-grade students in the 1998-99 school year.
(4) The information provided by the reading assessment shall be used by educators as a tool to evaluate instructional practices and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements for reading. The type of support to be provided to students shall be determined by school districts. School districts shall periodically reassess students who have not mastered the essential academic learning requirements for reading, and shall continue to provide appropriate reading support for students who have not mastered these essential academic learning requirements. The results of the reading assessment shall not be used for school or school district accountability purposes."
On page 1, line 1 of the title, after "literacy;" strike the remainder of the title and insert "adding a new section to chapter 28A.630 RCW; and creating a new section.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators McAuliffe, Johnson, Pelz; Representatives Brumsickle, Johnson, Cole
MOTION
Senator McAuliffe moved that the Senate adopt the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 1941.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator McAuliffe that the Senate adopt the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 1941.
The motion by Senator McAuliffe carried and the Senate adopted the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 1941.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 1941, as recommended by the Conference Committee.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1941, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 3; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Absent: Senators Hargrove, Haugen and Owen - 3.
Excused: Senators Anderson, C. and Finkbeiner - 2.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1941, as recommended by the Conference Committee, 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.
CONFERENCE COMMITTEE REPORT
EHB 1173 April 21, 1995
Includes "NEW ITEMS": YES
Modifying adoption support provisions
MR. PRESIDENT:
MR. SPEAKER:
We of your Conference Committee, to whom was referred ENGROSSED HOUSE BILL NO. 1173, Modifying adoption support provisions, have had the same under consideration and we recommend that:
The Senate Committee on Human Services and Corrections striking amendment(s) adopted on April 13, 1995, 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 it is in the best interest of the people of the state of Washington to support the adoption process in a variety of ways, including easing administrative burdens on adoptive parents receiving financial support, providing finality for adoptive placements and stable homes for children, protecting the privacy interests of all parties when the confidential intermediary process is used, and taking into account the wishes of the natural parents when matching children to adoptive homes.
Sec. 2. RCW 74.13.118 and 1985 c 7 s 138 are each amended to read as follows:
At least ((annually)) once every five years, the secretary shall review the need of any adoptive parent or parents receiving continuing support pursuant to RCW 26.33.320 and 74.13.100 through 74.13.145, or the need of any parent who is to receive more than one lump sum payment where such payments are to be spaced more than one year apart. ((Such review shall be made not later than the anniversary date of the adoption support agreement.))
At the time of such ((annual)) review and at other times ((during the year)) when changed conditions, including variations in medical opinions, prognosis and costs, are deemed by the secretary to warrant such action, appropriate adjustments in payments shall be made based upon changes in the needs of the child, in the adoptive parents' income, resources, and expenses for the care of such child or other members of the family, including medical and/or hospitalization expense not otherwise covered by or subject to reimbursement from insurance or other sources of financial assistance.
Any parent who is a party to such an agreement may at any time in writing request, for reasons set forth in such request, a review of the amount of any payment or the level of continuing payments. Such review shall be begun not later than thirty days from the receipt of such request. Any adjustment may be made retroactive to the date such request was received by the secretary. If such request is not acted on within thirty days after it has been received by the secretary, such parent may invoke his rights under the hearing provisions set forth in RCW 74.13.127.
Sec. 3. RCW 74.13.121 and 1985 c 7 s 139 are each amended to read as follows:
So long as any adoptive parent is receiving support pursuant to RCW 26.33.320 and 74.13.100 through 74.13.145 he or she shall, ((not later than two weeks after it is filed with the United States government)) upon request, file with the secretary a copy of his or her federal income tax return. Such return and any information thereon shall be marked by the secretary "confidential", shall be used by the secretary solely for the purposes of RCW 26.33.320 and 74.13.100 through 74.13.145, and shall not be revealed to any other person, institution or agency, public or private, including agencies of the United States government, other than a superior court, judge or commissioner before whom a petition for adoption of a child being supported or to be supported pursuant to RCW 26.33.320 and 74.13.100 through 74.13.145 is then pending.
In carrying on the review process authorized by RCW 26.33.320 and 74.13.100 through 74.13.145 the secretary may require the adoptive parent or parents to disclose such additional financial information, not privileged, as may enable him or her to make determinations and adjustments in support to the end that the purposes and policies of this state expressed in RCW 74.13.100 may be carried out, provided that no adoptive parent or parents shall be obliged, by virtue of this section, to sign any agreement or other writing waiving any constitutional right or privilege nor to admit to his or her home any agent, employee, or official of any department of this state, or of the United States government.
Such information shall be marked "confidential" by the secretary, shall be used by him or her solely for the purposes of RCW 26.33.320 and 74.13.100 through 74.13.145, and shall not be revealed to any other person, institution, or agency, public or private, including agencies of the United States government other than a superior court judge or commission before whom a petition for adoption of a child being supported or to be supported pursuant to RCW 26.33.320 and 74.13.100 through 74.13.145 is then pending.
NEW SECTION. Sec. 4. The legislature recognizes that some prospective adoptive parents may not have finalized the adoption of a foster child in their care because the adoption support program as it is presently structured may offer special children with complex needs fewer necessary services than the foster care program provides them through exceptional cost plans. Enhancement of the adoption support program could increase the likelihood that such special needs children could be adopted.
The department of social and health services is directed to conduct a study to determine the costs, program impact, and appropriateness of extending exceptional cost rate foster care plans for special needs children to the adoption support program. The department of social and health services shall complete the study and report its findings to the legislature no later than September 1, 1995.
Sec. 5. RCW 26.33.110 and 1987 c 170 s 5 are each amended to read as follows:
(1) The court shall set a time and place for a hearing on the petition for termination of the parent-child relationship, which shall not be held sooner than forty-eight hours after the child's birth. However, if the child is an Indian child, the hearing shall not be held sooner than ten days after the child's birth and the time of the hearing shall be extended up to twenty additional days from the date of the scheduled hearing upon the motion of the parent, Indian custodian, or the child's tribe.
(2) Notice of the hearing shall be served on the petitioner, the nonconsenting parent or alleged father, the legal guardian of a party, and the guardian ad litem of a party, in the manner prescribed by RCW 26.33.310. If the child is an Indian child, notice of the hearing shall also be served on the child's tribe in the manner prescribed by 25 U.S.C. Sec. 1912(a).
(3) Except as otherwise provided in this section, the notice of the petition shall:
(a) State the date and place of birth. If the petition is filed prior to birth, the notice shall state the approximate date and location of conception of the child and the expected date of birth, and shall identify the mother;
(b) Inform the nonconsenting parent or alleged father that: (i) He or she has a right to be represented by counsel and that counsel will be appointed for an indigent person who requests counsel; and (ii) failure to respond to the termination action within twenty days of service if served within the state or thirty days if served outside of this state, will result in the termination of his or her parent-child relationship with respect to the child;
(c) Inform an alleged father that failure to file a claim of paternity under chapter 26.26 RCW or to respond to the petition, within twenty days of the date of service of the petition is grounds to terminate his parent-child relationship with respect to the child;
(d) Inform an alleged father of an Indian child that if he acknowledges paternity of the child or if his paternity of the child is established prior to the termination of the parent-child relationship, that his parental rights may not be terminated unless he: (i) Gives valid consent to termination, or (ii) his parent-child relationship is terminated involuntarily pursuant to chapter 26.33 or 13.34 RCW.
Sec. 6. RCW 26.33.310 and 1987 c 170 s 9 are each amended to read as follows:
(1) Petitions governed by this chapter shall be served in the ((same)) manner as ((a complaint in a civil action under)) set forth in the superior court civil rules. Subsequent notice, papers, and pleadings may be served in the manner provided in superior court civil rules.
(2) If personal service on any parent or alleged father who has not consented to the termination of his or her parental rights can be given, the summons and notice of hearing on the petition to terminate parental rights shall be served at least twenty days before the hearing date if served within the state or thirty days if served outside of this state.
(3) If personal service on the parent or any alleged father, either within or without this state, cannot be given, notice shall be given: (a) By first class and registered mail, mailed at least ((twenty)) thirty days before the hearing to the person's last known address; and (b) by publication at least once a week for three consecutive weeks with the first publication date at least ((twenty-five)) thirty days before the hearing. Publication shall be in a legal newspaper in the city or town of the last known address within the United States and its territories of the parent or alleged father, whether within or without this state, or, if no address is known to the petitioner, publication shall be in the city or town of the last known whereabouts within the United States and its territories; or if no address or whereabouts are known to the petitioner or the last known address is not within the United States and its territories, in the city or town where the proceeding has been commenced.
(3) Notice and appearance may be waived by the department, an agency, a parent, or an alleged father before the court or in a writing signed under penalty of perjury. The waiver shall contain the current address of the department, agency, parent, or alleged father. The face of the waiver for a hearing on termination of the parent-child relationship shall contain language explaining the meaning and consequences of the waiver and the meaning and consequences of termination of the parent-child relationship. A person or agency who has executed a waiver shall not be required to appear except in the case of an Indian child where consent to termination or adoption must be certified before a court of competent jurisdiction pursuant to 25 U.S.C. Sec. 1913(a).
(4) If a person entitled to notice is known to the petitioner to be unable to read or understand English, all notices, if practicable, shall be given in that person's native language or through an interpreter.
(5) Where notice to an Indian tribe is to be provided pursuant to this chapter and the department is not a party to the proceeding, notice shall be given to the tribe at least ten business days prior to the hearing by registered mail return receipt requested.
Sec. 7. RCW 26.33.260 and 1984 c 155 s 26 are each amended to read as follows:
(1) The entry of a decree of adoption divests any parent or alleged father who is not married to the adoptive parent or who has not joined in the petition for adoption of all legal rights and obligations in respect to the adoptee, except past-due child support obligations. The adoptee shall be free from all legal obligations of obedience and maintenance in respect to the parent. The adoptee shall be, to all intents and purposes, and for all legal incidents, the child, legal heir, and lawful issue of the adoptive parent, entitled to all rights and privileges, including the right of inheritance and the right to take under testamentary disposition, and subject to all the obligations of a natural child of the adoptive parent.
(2) Any appeal of an adoption decree shall be decided on an accelerated review basis.
(3) Except as otherwise provided in RCW 26.33.160(3) and (4)(h), no person may challenge an adoption decree on the grounds of:
(a) A person claiming or alleging paternity subsequently appears and alleges lack of prior notice of the proceeding; or
(b) The adoption proceedings were in any other manner defective.
(4) It is the intent of the legislature that this section provide finality for adoptive placements and stable homes for children.
NEW SECTION. Sec. 8. A new section is added to chapter 26.33 RCW to read as follows:
(1) An adopted person over the age of eighteen may file with the court a certified statement declaring any one or more of the following:
(a) The adoption records contained in this court file are confidential for any purpose other than a medical emergency as determined by a court of competent jurisdiction;
(b) The adoptee refuses to consent to the release of any identifying information to a biological parent, biological sibling, or other biological relative and does not wish to be contacted by a confidential intermediary except in the case of a medical emergency as determined by a court of competent jurisdiction;
(c) The adoptee consents to the release of any identifying information to a confidential intermediary appointed under RCW 26.33.343, a biological parent, biological sibling, or other biological relative;
(d) The adoptee desires to be contacted by his or her biological parents, biological siblings, other biological relatives, or a confidential intermediary appointed under RCW 26.33.343;
(e) The current name, address, and telephone number of the adoptee who desires to be contacted.
(2) It is unlawful to release any records or identifying information from a court file in which a certified statement has been filed under subsection (1)(a) or (b) of this section, except in the case of a medical emergency as determined by a court of competent jurisdiction.
(3) The certified statement shall be filed with the court in which the adoption was finalized, or if the adoption was finalized outside the state of Washington, with the superior court of the county in which the adopted person resides. The certified statement shall be placed at the front of the court file. When the statement includes a request for confidentiality or a refusal to consent to the disclosure of identifying information, a prominent notice stating substantially the following shall also be placed at the front of the court file: "AT THE REQUEST OF THE ADOPTEE, ALL RECORDS AND INFORMATION RELATING TO THIS ADOPTION ARE SEALED EXCEPT IN CASES OF MEDICAL EMERGENCY. IT IS UNLAWFUL TO RELEASE ANY RECORDS OR INFORMATION FROM THIS FILE WITHOUT A COURT ORDER FINDING THE RELEASE TO BE NECESSARY FOR A MEDICAL EMERGENCY."
(4) An adopted person who files a certified statement under subsection (1) of this section may subsequently file another certified statement requesting the court to rescind or amend the prior certified statement.
(5) The court and any confidential intermediary shall comply with a request properly certified and filed under this section by an adoptee.
NEW SECTION. Sec. 9. A new section is added to chapter 26.33 RCW to read as follows:
An adoption shall not be delayed or denied on the basis of the race, color, or national origin of the adoptive parent or the child involved. However, when the department or an agency considers whether a placement option is in a child's best interests, the department or agency may consider the cultural, ethnic, or racial background of the child and the capacity of prospective adoptive parents to meet the needs of a child of this background. This provision shall not apply to or affect the application of the Indian Child Welfare Act of 1978, 25 U.S.C. Sec. 1901 et seq.
In an attempt to encourage birth parents to consider using the adoption system when appropriate, the department or child-placing agency, absent good cause, shall follow the wishes of the parents regarding the placement of the child."
On page 1, line 1 of the title, after "support;" strike the remainder of the title and insert "amending RCW 74.13.118, 74.13.121, 26.33.110, 26.33.310, and 26.33.260; adding new sections to chapter 26.33 RCW; and creating new sections.", and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Hargrove, Long, Fairley; Representatives Cooke, Stevens, Patterson
MOTION
Senator Fairley moved that the Senate adopt the Report of the Conference Committee on Engrossed House Bill No. 1173.
POINT OF ORDER
Senator Kohl: "Thank you, Mr. President. I raise the point of order that the Conference Report on Engrossed House Bill No. 1173 changes the scope and object of the bill. The bill as passed by the House, and amended by the Senate, addressed only adoption provisions relating to state adoption support for-hard-to place children. The bill's three provisions all relate to this specific program, not to adoption law generally.
"The Conference Committee Report adds language to the adoption code that affects adoptions generally and changes the scope and object of the bill. The Report changes several provisions: One, it changes notice requirements to nonconsenting parents and alleged fathers in proceeding to terminate parental rights; Secondly, it changes rules for appeal of all adoption decrees; Thirdly, it adds a new section to the adoption code authorizing adult adoptees to seal or open court records of the adoption under certain circumstances; and Fourthly, it adds a new section to the adoption code about the consideration to be given in placement decisions to cultural, ethnic and racial background, and to birth parent's preferences.
"These changes clearly expand the scope and object of what is a narrowly drawn bill addressing only the state's adoption support program and not adoption law generally."
Further debate ensued.
At 3:10 p.m., there being no objection, the President declared the Senate to be at ease.
The Senate was called to order at 3:15 p.m. by President Pritchard.
There being no objection, the Senate resumed consideration of Engrossed House Bill No. 1173 and the pending Conference Committee Report, under consideration before the Senate went at ease.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Kohl to the scope and object of the Conference Committee amendment, the President finds that Engrossed House Bill No. 1173 is a measure which makes various changes to the adoption support payment program administrated by the Department of Social and Health Services.
"The Conference Committee Report would also make changes to the adoption support program. Additionally, the Report makes changes to provisions on service of process in parental rights termination proceedings; changes to the provisions regarding appeal of adoption decrees; provides a process for adoptees to specify whether their records are confidential; and allows the Department to consider cultural, ethnic, or racial backgrounds in placement decisions.
"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 Conference Committee Report on Engrossed House Bill No. 1173 was ruled out of order.
MOTION
On motion of Senator Snyder, the Report of the Conference Committee on Engrossed House Bill No. 1173 was returned to the Conference Committee.
MESSAGE FROM THE HOUSE
April 20, 1995
MR. PRESIDENT:
The House does not concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1250 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Pelz, the Senate receded from the Committee on Labor, Commerce and Trade amendment adopted April 7, 1995.
MOTIONS
On motion of Senator Pelz, the rules were suspended and Substitute House Bill No. 1250 was returned to second reading and read the second time.
On motion of Senator Pelz, the following amendment by Senators Pelz, Deccio and Wojahn was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 51.32 RCW to read as follows:
(1)(a) If the worker or beneficiary in a state fund claim prevails in an appeal by any party to the board or the court, the department shall comply with the board or court's order with respect to the payment of compensation within the later of the following time periods:
(i) Sixty days after the compensation order has become final and is not subject to review or appeal; or
(ii) If the order has become final and is not subject to review or appeal and the department has, within the period specified in (a)(i) of this subsection, requested the filing by the worker or beneficiary of documents necessary to make payment of compensation, sixty days after all requested documents are filed with the department.
The department may extend the sixty-day time period for an additional thirty days for good cause.
(b) If the department fails to comply with (a) of this subsection, any person entitled to compensation under the order may institute proceedings for injunctive or other appropriate relief for enforcement of the order. These proceedings may be instituted in the superior court for the county in which the claimant resides, or, if the claimant is not then a resident of this state, in the superior court for Thurston county.
(2) In a proceeding under this section, the court shall enforce obedience to the order by proper means, enjoining compliance upon the person obligated to comply with the compensation order. The court may issue such writs and processes as are necessary to carry out its orders and may award a penalty of up to one thousand dollars to the person entitled to compensation under the order.
(3) A proceeding under this section does not preclude other methods of enforcement provided for in this title.
NEW SECTION. Sec. 2. This act applies to all appeals in state fund claims determined under Title 51 RCW on or after the effective date of this act, regardless of the date of filing of the claim."
MOTIONS
On motion of Senator Pelz, the following title amendment was adopted:
On page 1, line 1 of the title, after "awards;" strike the remainder of the title and insert "adding a new section to chapter 51.32 RCW; and creating a new section."
On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 1250, 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. 1250, 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. 1250, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Excused: Senators Anderson, C. and Finkbeiner - 2.
SUBSTITUTE HOUSE BILL NO. 1250, 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 will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 19, 1995
MR. PRESIDENT:
The Speaker ruled the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1107 beyond the scope and object of the bill. The House does not concur in said amendment(s) and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTIONS
On motion of Senator Haugen, the rules were suspended and Engrossed Substitute House Bill No. 1107 was returned to second reading and read the second time.
Senator Haugen moved that the Senate reconsider the vote by which the Committee on Government Operations striking amendment, as amended, was adopted April 13, 1995.
The President declared the question before the Senate to be the motion by Senator Haugen to reconsider the vote by which the Committee on Government Operations striking amendment, as amended, was adopted.
The motion by Senator Haugen carried and the Senate will reconsider the Committee on Government Operations striking amendment, as amended.
MOTION
On motion of Senator Haugen, the following amendments to the Committee on Government Operations striking amendment, as amended, were considered simultaneously and were adopted on reconsideration:
Beginning on page 27, after line 18 of the amendment, strike all material through "s 5." on page 32, line 16
Renumber the remaining parts and sections consecutively and correct any internal references accordingly.
Beginning on page 53, after line 10 of the amendment, strike all material through "90.70.901." on page 54, line 2
Renumber the remaining parts and sections consecutively and correct any internal references accordingly.
Beginning on page 54, line 5 of the amendment, strike all material through page 74, line 9
Renumber the remaining sections consecutively and correct any internal references accordingly.
MOTIONS
On motion of Senator Haugen, the following title amendments were considered simultaneously and were adopted on reconsideration:
On page 75, line 8 of the title amendment, after "43.19A.020," strike all material through "75.20.160,"
On page 75, beginning on line 12 of the title amendment, after "75.44.140," strike all material through "88.16.010" and insert "and 90.70.065"
On page 75, line 16 of the title amendment, after "82.44.180," strike all material through "80.50.030" and insert "and 75.30.050"
On page 75, line 25 of the title amendment, after "43.20A.730," strike all material through "75.20.140,"
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 1107, 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 Engrossed Substitute House Bill No. 1107, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1107, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Excused: Senators Anderson, C., Finkbeiner and McAuliffe - 3.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1107, 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 will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 20, 1995
MR. PRESIDENT:
The House does not concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTIONS
On motion of Senator Smith, the rules were suspended and Engrossed Substitute House Bill No. 1471 was returned to second reading and read the second time.
Senator Smith moved that the Senate reconsider the vote by which the Committee on Law and Justice striking amendment was adopted April 12, 1995.
The President declared the question before the Senate to be the motion by Senator Smith to reconsider the vote by which the Committee on Law and Justice striking amendment was adopted.
The motion by Senator Smith carried and the Senate will reconsider the Committee on Law and Justice striking amendment.
MOTION
On motion of Senator Smith, the following amendments by Senators Smith and Long to the Committee on Law and Justice striking amendment, on reconsideration, were considered simultaneously and were adopted:
On page 6, beginning on line 17, after "Sec. 10." strike "(1) Except as otherwise provided under subsection (2) of this section, any" and insert "Any"
On page 6, after line 21, strike the following:
"(2) Claims based on any violation of this chapter shall be brought within six months from the occurrence of the violation."
MOTION
On motion of Senator Smith, the rules were suspended, Engrossed Substitute House Bill No. 1471, 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 Engrossed Substitute House Bill No. 1471, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1471, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Voting nay: Senator Cantu - 1.
Absent: Senator Pelz - 1.
Excused: Senators Anderson, C. and Finkbeiner - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471, 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 will stand as the title of the act.
MOTION
On motion of Senator Smith, the Senate advanced to the ninth order of business.
MOTION FOR RECONSIDERATION
Senator Smith, having served prior notice on April 21, 1995, moved to reconsider the vote by which Substitute House Bill No. 1560 passed the Senate after the Senate receded from the Committee on Law and Justice striking amendment, which was adopted April 11, 1995.
The President declared the question before the Senate to be the motion by Senator Smith to reconsider the vote by which Substitute House Bill No. 1560 passed the Senate, without the Senate amendment.
The motion by Senator Smith carried and the Senate will reconsider the vote by which Substitute House Bill No. 1560 passed the Senate, without the Senate amendment.
MOTIONS
On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 1560 was returned to second reading and read the second time.
On motion of Senator Smith, the following amendment by Senator Smith was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.36.010 and 1993 c 54 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) "Motor vehicle" means every vehicle that is in itself a self-propelled unit, equipped with solid rubber, hollow-cushion rubber, or pneumatic rubber tires and capable of being moved or operated upon a public highway, except motor vehicles used as motive power for or in conjunction with farm implements and machines or implements of husbandry;
(2) "Motor vehicle fuel" means gasoline or any other inflammable gas or liquid, by whatsoever name such gasoline, gas, or liquid may be known or sold, the chief use of which is as fuel for the propulsion of motor vehicles or motorboats;
(3) "Distributor" means every person who refines, manufactures, produces, or compounds motor vehicle fuel and sells, distributes, or in any manner uses it in this state; also every person engaged in business as a bona fide wholesale merchant dealing in motor vehicle fuel who either acquires it within the state from any person refining it within or importing it into the state, on which the tax has not been paid, or imports it into this state and sells, distributes, or in any manner uses it in this state; also every person who acquires motor vehicle fuel, on which the tax has not been paid, and exports it by commercial motor vehicle as defined in RCW 82.37.020 to a location outside the state. For the purposes of liability for a county fuel tax, "distributor" has that meaning defined in the county ordinance imposing the tax;
(4) "Service station" means a place operated for the purpose of delivering motor vehicle fuel into the fuel tanks of motor vehicles;
(5) "Department" means the department of licensing;
(6) "Director" means the director of licensing;
(7) "Dealer" means any person engaged in the retail sale of liquid motor vehicle fuels;
(8) "Person" means every natural person, firm, partnership, association, or private or public corporation;
(9) "Highway" means every way or place open to the use of the public, as a matter of right, for purposes of vehicular travel;
(10) "Broker" means every person, other than a distributor, engaged in business as a broker, jobber, or wholesale merchant dealing in motor vehicle fuel or other petroleum products used or usable in propelling motor vehicles, or in other petroleum products which may be used in blending, compounding, or manufacturing of motor vehicle fuel;
(11) "Producer" means every person, other than a distributor, engaged in the business of producing motor vehicle fuel or other petroleum products used in, or which may be used in, the blending, compounding, or manufacturing of motor vehicle fuel;
(12) "Distribution" means all withdrawals of motor vehicle fuel for delivery to others, to retail service stations, or to unlicensed bulk storage plants;
(13) "Bulk storage plant" means, pursuant to the licensing provisions of RCW 82.36.070, any plant, under the control of the distributor, used for the storage of motor vehicle fuel to which no retail outlets are directly connected by pipe lines;
(14) "Marine fuel dealer" means any person engaged in the retail sale of liquid motor vehicle fuel whose place of business and or sale outlet is located upon a navigable waterway;
(15) "Alcohol" means alcohol that is produced from renewable resources;
(16) "Electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account;
(17) "Evasion" or "evade" means to diminish or avoid the computation, assessment, or payment of authorized taxes or fees through:
(a) A knowing: False statement, misrepresentation of fact, or other act of deception; or
(b) An intentional: Omission, failure to file a return or report, or other act of deception.
Sec. 2. RCW 82.36.380 and 1961 c 15 s 82.36.380 are each amended to read as follows:
((Any person failing to pay the tax as herein provided, or violating any of the other provisions of this chapter, or making any false statement, or concealing any material fact in any report, record, affidavit, or claim provided for herein, shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment.))
(1) It is unlawful for a person or corporation to evade a tax or fee imposed under this chapter.
(2) Evasion of taxes or fees under this chapter is a class C felony under chapter 9A.20 RCW. In addition to other penalties and remedies provided by law, the court shall order a person or corporation found guilty of violating subsection (1) of this section to:
(a) Pay the tax or fee evaded plus interest, commencing at the date the tax or fee was first due, at the rate of twelve percent per year, compounded monthly; and
(b) Pay a penalty of one hundred percent of the tax evaded, to the transportation fund of the state.
Sec. 3. RCW 82.38.020 and 1994 c 262 s 22 are each amended to read as follows:
As ((hereinafter)) used in this chapter:
(1) "Person" means every natural person, fiduciary, association, or corporation. The term "person" as applied to an association means and includes the partners or members thereof, and as applied to corporations, the officers thereof.
(2) "Department" means the department of licensing.
(3) "Highway" means every way or place open to the use of the public, as a matter of right, for the purpose of vehicular travel.
(4) "Motor vehicle" means every self-propelled vehicle designed for operation upon land utilizing special fuel as the means of propulsion.
(5) "Special fuel" means and includes all combustible gases and liquids suitable for the generation of power for propulsion of motor vehicles, except that it does not include motor vehicle fuel as defined in chapter 82.36 RCW.
(6) "Bulk storage" means the placing of special fuel by a special fuel dealer into a receptacle other than the fuel supply tank of a motor vehicle.
(7) "Special fuel dealer" means any person engaged in the business of delivering special fuel into the fuel supply tank or tanks of a motor vehicle not then owned or controlled by him, or into bulk storage facilities for subsequent use in a motor vehicle. For this purpose the term "fuel supply tank or tanks" does not include cargo tanks even though fuel is withdrawn directly therefrom for propulsion of the vehicle.
(8) "Special fuel user" means any person purchasing special fuel into bulk storage without payment of the special fuel tax for subsequent use in a motor vehicle, or any person engaged in interstate commercial operation of motor vehicles any part of which is within this state.
(9) "Service station" means any location at which fueling of motor vehicles is offered to the general public.
(10) "Unbonded service station" means any service station at which an unbonded special fuel dealer regularly makes sales of special fuel by means of delivery thereof into the fuel supply tanks of motor vehicles.
(11) "Bond" means: (a) A bond duly executed by such special fuel dealer or special fuel user as principal with a corporate surety qualified under the provisions of chapter 48.28 RCW which bond shall be payable to the state of Washington conditioned upon faithful performance of all requirements of this chapter, including the payment of all taxes, penalties, and other obligations of such dealer, arising out of this chapter; or (b) a deposit with the state treasurer by the special fuel dealer or special fuel user, under such terms and conditions as the department may prescribe, a like amount of lawful money of the United States or bonds or other obligations of the United States, the state of Washington, or any county of said state, of an actual market value not less than the amount so fixed by the department; or (c) such other instruments as the department may determine and prescribe by rule to protect the interests of the state and to insure compliance of the requirements of this chapter.
(12) "Lessor" means any person (a) whose principal business is the bona fide leasing or renting of motor vehicles without drivers for compensation to the general public, and (b) who maintains established places of business and whose lease or rental contracts require such motor vehicles to be returned to the established places of business.
(13) "Natural gas" means naturally occurring mixtures of hydrocarbon gases and vapors consisting principally of methane, whether in gaseous or liquid form.
(14) "Standard pressure and temperature" means fourteen and seventy-three hundredths pounds of pressure per square inch at sixty degrees Fahrenheit.
(15) "Evasion" or "evade" means to diminish or avoid the computation, assessment, or payment of authorized taxes or fees through:
(a) A knowing: False statement, misrepresentation of fact, or other act of deception; or
(b) An intentional: Omission, failure to file a return or report, or other act of deception.
Sec. 4. RCW 82.38.270 and 1979 c 40 s 19 are each amended to read as follows:
((It shall be unlawful for any person to:
(1) Refuse, or knowingly and intentionally fail to make and file any statement required by this chapter in the manner or within the time required;
(2) Knowingly and with intent to evade or to aid in the evasion of the tax imposed herein to make any false statement or conceal any material fact in any record, return, or affidavit provided for in this chapter;
(3) Conduct any activities requiring a license under this chapter without a license or after a license has been suspended, surrendered, canceled, or revoked;
(4) Fail to keep and maintain the books and records required by this chapter;
(5) Divert special fuel purchased for a nontaxable use to a use subject to the taxes imposed by this chapter without payment of the taxes as required by this chapter.
Except as otherwise provided by law, any person violating any of the provisions of this chapter shall be guilty of a gross misdemeanor and shall, upon conviction thereof, be sentenced to pay a fine of not less than five hundred dollars nor more than one thousand dollars and costs of prosecution, or imprisonment for not more than one year, or both.
The fine and imprisonment provided for in this section shall be in addition to any other penalty imposed by any other provision of this chapter.)) (1) It is unlawful for a person or corporation to evade a tax or fee imposed under this chapter.
(2) Evasion of taxes or fees under this chapter is a class C felony under chapter 9A.20 RCW. In addition to other penalties and remedies provided by law, the court shall order a person or corporation found guilty of violating subsection (1) of this section to:
(a) Pay the tax or fee evaded plus interest, commencing at the date the tax or fee was first due, at the rate of twelve percent per year, compounded monthly; and
(b) Pay a penalty of one hundred percent of the tax evaded, to the transportation fund of the state.
Sec. 5. RCW 9A.04.080 and 1993 c 214 s 1 are each amended to read as follows:
(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.
(a) The following offenses may be prosecuted at any time after their commission:
(i) Murder;
(ii) Arson if a death results.
(b) The following offenses shall not be prosecuted more than ten years after their commission:
(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;
(ii) Arson if no death results; or
(iii) Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law enforcement agency within one year of its commission; except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to three years after the victim's eighteenth birthday or up to ten years after the rape's commission, whichever is later. If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, the rape may not be prosecuted: (A) More than three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B) more than three years after the victim's eighteenth birthday or more than seven years after the rape's commission, whichever is later, if the violation was committed against a victim under fourteen years of age.
(c) Violations of the following statutes shall not be prosecuted more than three years after the victim's eighteenth birthday or more than seven years after their commission, whichever is later: RCW 9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), or 9A.64.020.
(d) The following offenses shall not be prosecuted more than six years after their commission: Violations of RCW 9A.82.060 or 9A.82.080.
(e) The following offenses shall not be prosecuted more than five years after their commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.
(f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.
(g) No other felony may be prosecuted more than three years after its commission.
(h) No gross misdemeanor may be prosecuted more than two years after its commission.
(i) No misdemeanor may be prosecuted more than one year after its commission.
(2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.
(3) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside."
MOTIONS
On motion of Senator Smith, the following title amendment was adopted:
On page 1, line 1 of the title, after "tax;" strike the remainder of the title and insert "amending RCW 82.36.010, 82.36.380, 82.38.020, 82.38.270, and 9A.04.080; and prescribing penalties."
On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 1560, 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.
POINT OF INQUIRY
Senator Prince: "Senator Smith, one of the things in dispute was where the money from the penalties went. Where do you have them in this now?"
Senator Smith: "It stays in the Transportation Budget."
Senator Prince: "Okay, thank you."
Senator Smith: "Per the House request. That was the amendment that we meant to recede to--"
Senator Prince: "I didn't get a chance to look through your amendments there."
Senator Smith: "Okay."
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1560, 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. 1560, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Voting nay: Senator Anderson, A. - 1.
Excused: Senators Anderson, C. and Finkbeiner - 2.
SUBSTITUTE HOUSE BILL NO. 1560, 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 will stand as the title of the act.
APPOINTMENT TO CONFERENCE COMMITTEE
The President appointed Senators Fairley, Sellar and Smith as conferees to Engrossed Substitute Senate Bill No. 5873.
EDITOR'S NOTE: See request for conference on Senate Bill No. 5873 on One Hundred-First Day, April 19, 1995.
MOTION
On motion of Senator Spanel, the conferees were confirmed.
There being no objection, the President advanced the Senate to the sixth order of business.
SECOND READING
SCR 8407 by Senator Gaspard
Presenting the Washington Performance Partnership statement of strategic intent.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Gaspard, the rules were suspended, Senate Concurrent Resolution No. 8407 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
SENATE CONCURRENT RESOLUTION NO. 8407 was adopted by voice vote.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
April 21, 1995
MR. PRESIDENT:
Under the suspension of the rules, ENGROSSED SUBSTITUTE SENATE BILL NO. 5466 was returned to second reading for purpose of amendments. The following amendment was adopted and the bill passed the House as amended:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. As used in sections 1 through 6 of this act, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Minor" means any person under the age of eighteen years.
(2) "Harmful to minors" means any matter or live performance:
(a) That the average adult person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and
(b) That explicitly depicts or describes, by prevailing standards in the adult community with respect to what is suitable for minors, patently offensive representations or descriptions of:
(i) Ultimate sexual acts, normal or perverted, actual or simulated; or
(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, lewd exhibition of the genitals or genital area, sexually explicit conduct, sexual excitement, or sexually explicit nudity; or
(iii) Sexual acts that are violent or destructive, including but not limited to human or animal mutilation, dismemberment, rape, or torture; and
(c) That, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.
(3) "Matter" means a motion picture film, a publication, a sexual device, or any combination thereof.
(4) "Motion picture film" means any:
(a) Film or plate negative;
(b) Film or plate positive;
(c) Film designed to be projected on a screen for exhibition;
(d) Film, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen;
(e) Video tape; or
(f) Any other medium used to electronically transmit or reproduce images on a screen.
(5) "Publication" means any book, magazine, article, pamphlet, writing, printing illustration, picture, sound recording, telephonic communication, or coin-operated machine.
(6) "Sexual device" means any artificial device primarily designed, promoted, or marketed to physically stimulate or manipulate the human genitals.
(7) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, in person or by electronic transmission, or by telephonic communication, with or without consideration.
(8) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.
(9) "Knowledge of its character" means that the person has knowledge that the matter or performance contains, depicts, or describes activity or conduct that is patently offensive under subsection (2)(b) of this section. Such knowledge may be proved by direct or circumstantial evidence, or both.
(10) "Knowledge" means knowledge as defined in RCW 9A.08.010(1)(b).
(11) "Community" means the state-wide community.
NEW SECTION. Sec. 2. No person shall with knowledge of its character:
(1) Display matter that is harmful to minors, as defined in section 1(2) of this act, in such a way that minors, as part of the invited general public, will be exposed to view such matter; however, a person shall be deemed not to have displayed matter harmful to minors if the matter is kept behind devices commonly known as blinder racks so that the lower two-thirds of the matter is not exposed to view. In the case of on-line accessibility to information stored in an electronic form, a person shall be deemed not to have displayed matter harmful to minors if:
(a) The matter is stored in a restricted area where access is allowed only to persons who are reasonably believed to be eighteen years of age or older based on information supplied as provided for in section 3(3) of this act and who have obtained a password or other authorization necessary for access to the matter; or
(b) Where it is not reasonably possible to restrict access in the manner described in (a) of this subsection, the matter is stored in an area labelled "adults only";
(2) Sell, furnish, present, distribute, allow to view or hear, or otherwise disseminate to a minor, with or without consideration, any matter that is harmful to minors as defined in section 1(2) of this act; or
(3) Present to a minor or participate in presenting to a minor, with or without consideration, any live performance that is harmful to minors as defined in section 1(2) of this act.
NEW SECTION. Sec. 3. In any prosecution for violation of section 2 of this act, it shall be an affirmative defense that:
(1) The matter or performance involved was displayed or otherwise disseminated to a minor by the minor's parent or legal guardian, for bona fide purposes;
(2) The matter or performance involved was displayed or otherwise disseminated to a minor with the written permission of the minor's parent or legal guardian, for bona fide purposes; or
(3) The person made a reasonable bona fide attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper, or copy thereof if supplied by mail or electronic facsimile when in-person production thereof is impractical, and not relying solely on the oral allegations or apparent age of the minor.
NEW SECTION. Sec. 4. Any person who is convicted of violating any provision of section 2 of this act is guilty of a gross misdemeanor. Each day that any violation of section 2 of this act occurs or continues shall constitute a separate offense and shall be punishable as a separate violation. Every act, thing, or transaction prohibited by section 2 of this act shall constitute a separate offense as to each item, issue, or title involved and shall be punishable as such. For the purpose of this section, multiple copies of the same identical title, monthly issue, volume, and number issue, or other such identical material shall constitute a single offense.
NEW SECTION. Sec. 5. Nothing in this chapter shall apply to the official distribution of material by a recognized historical society or museum, a library of a college or university, or an archive or library under the supervision and control of the state, county, municipality, or other political subdivision of the state.
NEW SECTION. Sec. 6. The state of Washington hereby fully occupies and preempts within the boundaries of the state the entire field of regulation and sanctions for displaying, selling, furnishing, presenting, or otherwise distributing matter or performances that are harmful to minors. Counties, cities, towns, or other municipalities may enact only those laws and ordinances relating to matter and performances harmful to minors that are consistent with this chapter. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of this chapter shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such county, city, town, or municipality.
NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:
(1) RCW 9.68.015 and 1959 c 260 s 2;
(2) RCW 9.68.050 and 1992 c 5 s 1 & 1969 ex.s. c 256 s 13;
(3) RCW 9.68.060 and 1992 c 5 s 2 & 1969 ex.s. c 256 s 14;
(4) RCW 9.68.070 and 1992 c 5 s 4 & 1969 ex.s. c 256 s 15;
(5) RCW 9.68.080 and 1969 ex.s. c 256 s 16;
(6) RCW 9.68.090 and 1992 c 5 s 3 & 1969 ex.s. c 256 s 17;
(7) RCW 9.68.100 and 1969 ex.s. c 256 s 18;
(8) RCW 9.68.110 and 1969 ex.s. c 256 s 19;
(9) RCW 9.68.120 and 1969 ex.s. c 256 s 20;
(10) RCW 9.68.130 and 1975 1st ex.s. c 156 s 1;
(11) RCW 9.68A.140 and 1987 c 396 s 1;
(12) RCW 9.68A.150 and 1987 c 396 s 2; and
(13) RCW 9.68A.160 and 1987 c 396 s 3.
NEW SECTION. Sec. 8. Sections 1 through 6 of this act are each added to chapter 9.68 RCW.
NEW SECTION. Sec. 9. 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. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Smith, the Senate refuses to concur in the House amendment to Engrossed Substitute Senate Bill No. 5466 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 19, 1995
MR. PRESIDENT:
The House insists on its position regarding the Senate amendment(s) to HOUSE BILL NO. 1296 and again asks the Senate to recede therefrom.
MOTIONS
On motion of Senator Bauer, the Senate receded from the Committee on Ways and Means striking amendment adopted April 10, 1995.
On motion of Senator Bauer, the rules were suspended and House Bill No. 1296 was returned to second reading and read the second time.
MOTIONS
On motion of Senator Bauer, the following amendment by Senators Bauer, Fraser and Long was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) Since enactment of chapter 227, Laws of 1984 most employers that participate in state retirement systems have been responsible for ensuring that member retirement contributions are transferred to the retirement trust funds, even in situations where service credit is being established on a retroactive basis for a member who is no longer employed by the employer.
(2) It is the responsibility of employers to accurately report their employees' compensation and service, and to ensure that all required member and employer contributions are transferred to the department of retirement systems. However, in situations where an employer determines that a former employee should have had contributions transferred, it is more reasonable and efficient to bill the employee for the past due member contributions than to make the employer responsible for them.
NEW SECTION. Sec. 2. A new section is added to chapter 41.50 RCW to read as follows:
(1) If an employer, pursuant to RCW 41.50.140(2), does not transfer member contributions for a former employee's prior period of service, the member shall not receive service credit for the period of service unless the member pays the required member contributions as provided in this section. In such cases the member shall have the option, but shall not be obligated, to pay the member contributions necessary to receive credit for the period of service. As provided by RCW 41.50.140(1), the department shall collect from the employer all employer contributions due for periods of service, regardless of whether the member elects to pay the member contributions necessary to receive credit for the period of service.
(2) The department shall adopt, by rule, a process by which separated and active members may pay member contributions needed to establish service credit for prior periods of service for which their employers did not transmit member contributions.
Sec. 3. RCW 41.50.140 and 1982 1st ex.s. c 52 s 33 are each amended to read as follows:
(1) Every employer participating in one or more of the retirement systems listed in RCW 41.50.030 shall fully cooperate in the administration of the systems in which its employees participate, including the distribution of information to employees, and shall accept and carry out all other duties as required by law, regulation, or administrative instruction. Every employer shall transmit to the department all member and employer contributions due for periods of service rendered in the retirement systems, except as provided in subsection (2) of this section.
(2) When the department bills an employer for member and employer contributions owed for a prior period of service, the employer shall transmit the required contributions if the member is still an employee of the employer at the time of the billing. The employer shall have no duty to transfer member contributions for persons who are not employees on the date the department bills the employer but shall transfer the required employer contributions for the prior service.
(3) Members for whom member contributions for a prior period of service are not transferred by the employer pursuant to subsection (2) of this section shall have the option of paying the required member contributions pursuant to section 2 of this act.
(((2) If an employee is entitled to retroactive service credit which was not previously established through no fault of the employee, or through an employer error which has caused a member's compensation or contributions to be understated or overstated so as to cause a loss to the retirement funds, the director may bill the employer for the loss, to include interest, if applicable. The employer contributions, with interest thereon, will be treated as if in fact the interest was part of the normal employer contribution and no distribution of interest received shall be required.
(3) Employer-paid employee contributions will not be credited to a member's account until the employer notifies the director in writing that the employer has been reimbursed by the employee or beneficiary for the payment. The employer shall have the right to collect from the employee the amount of the employee's obligation. Failure on the part of the employer to collect all or any part of the sums which may be due from the employee or beneficiary shall in no way cause the employer obligation for the total liability to be lessened.))
(4) If an employer transfers member contributions which were not paid by the member, the employer shall have the right to collect the amount of the employee's obligation from the employee.
Sec. 4. RCW 41.54.020 and 1994 c 197 s 32 are each amended to read as follows:
(1) Those persons who are dual members on or after July 1, 1988, shall not receive a retirement benefit from any prior system while dual members without the loss of all benefits under this chapter. Retroactive retirement in any prior system will cancel membership in any subsequent systems except as allowed under RCW 41.04.270 and will result in the refund of all employee and employer contributions made to such systems.
(2) If a member has withdrawn contributions from a prior system, the member may restore the contributions, together with interest since the date of withdrawal as determined by the system, and recover the service represented by the contributions. Such restoration must be completed within two years of establishing dual membership or prior to retirement, whichever occurs first.
(3) If a member does not meet the time limitation under subsection (2) of this section, the member, prior to retirement, may restore the service credit destroyed by the withdrawn contributions by paying the amount required under RCW 41.50.165(2). However, if a member failed to meet the applicable statutory deadline and filed a petition with the director of the department of retirement systems prior to January 1, 1995, requesting an extension of the applicable period; and if the director's findings in denying the petition affirmatively show that the failure was due to the fact that the department's customary bulletins and other notifications that were furnished to the member's employer for distribution were not furnished to the member by the employer, and that the member did not otherwise receive notice through other channels of communication and was not at fault, the member may elect to restore the required contributions and interest and regain service credit under subsection (2) of this section under the same terms and conditions and without further liability as if the election had been made on a timely basis. The election must be made not later than July 1, 1995, or prior to retirement, whichever comes first. The department shall provide written notice and an application directly to the affected members, and any further assistance as may be necessary to implement this section.
(4) Any service accrued in one system by the member shall not accrue in any other system.
NEW SECTION. Sec. 5. Section 4 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 and the remainder of this act shall take effect July 1, 1996."
On motion of Senator Bauer, the following title amendment was adopted:
On page 1, line 2 of the title, after "contributions;" strike the remainder of the title and insert "amending RCW 41.50.140 and 41.54.020; adding a new section to chapter 41.50 RCW; creating a new section; providing an effective date; and declaring an emergency."
MOTION
On motion of Senator Bauer, the rules were suspended, House Bill No. 1296, 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 House Bill No. 1296, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1296, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Anderson, C. - 1.
HOUSE BILL NO. 1296, 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 will stand as the title of the act.
MOTION
At 4:00 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 4:16 p.m. by President Pritchard.
MESSAGE FROM THE HOUSE
April 22, 1995
MR. PRESIDENT:
The House adheres to its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5119 and again asks the Senate to concur therein, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Bauer, the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5119.
MOTION
On motion of Senator Snyder, Senator Rasmussen was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5119, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5119, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Voting nay: Senators Cantu and Morton - 2.
Absent: Senator Moyer - 1.
Excused: Senators Anderson, C. and Rasmussen - 2.
SUBSTITUTE SENATE BILL NO. 5119, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 21, 1995
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5448. The Speaker has appointed the following members as conferees: Representatives Chandler, McMorris and Sheldon.
TIMOTHY A. MARTIN, Chief Clerk
MESSAGE FROM THE HOUSE
April 22, 1995
MR. PRESIDENT:
The House insists of its position regarding the House amendment(s) to SENATE BILL NO. 5677 and again asks the Senate to concur therein, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Haugen, the Senate concurred in the House amendment(s) to Senate Bill No. 5677.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5677, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5677, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Excused: Senators Anderson, C. and Rasmussen - 2.
SENATE BILL NO. 5677, as amended by the House, 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
At 4:26 p.m., on motion of Senator Spanel, the Senate adjourned until 1:00 p.m., Sunday, April 23, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate