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TWENTY-SECOND DAY

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MORNING SESSION

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Senate Chamber, Olympia, Monday, February 2, 1998

The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present.

The Sergeant at Arms Color Guard, consisting of Pages Chadd Baker and Chris Baker, presented the Colors. Senator Rosa Franklin offered the prayer.

MOTION

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

REPORTS OF STANDING COMMITTEES

January 30, 1998

SB 5232 Prime Sponsor, Senator Wood: Completing the prescriptive authority of advanced registered nurse practitioners. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That Second Substitute Senate Bill No. 5232 be substituted therefor, and the second substitute bill do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Fairley and Franklin.

MINORITY Recommendation: Do not pass. Signed by Senators Benton and Wojahn.

Passed to Committee on Rules for second reading.

January 30, 1998

SB 5298 Prime Sponsor, Senator Franklin: Prohibiting health insurance discrimination on the basis of genetic information. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.

Passed to Committee on Rules for second reading.

January 30, 1998

SSB 5305 Prime Sponsor, Senate Committee on Health and Long-Term Care: Controlling drugs used to facilitate rape. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: Do pass as amended. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.

Passed to Committee on Rules for second reading.

January 30, 1998

SB 5447 Prime Sponsor, Senator Deccio: Providing for disclosure of information obtained by the department of health related to meeting licensing standards in hospitals. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That Substitute Senate Bill No. 5447 be substituted therefor, and the substitute bill do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.

Passed to Committee on Rules for second reading.

January 29, 1998

SB 6114 Prime Sponsor, Senator Jacobsen: Preventing the spread of zebra mussel and European green crab. Reported by Committee on Natural Resources and Parks

MAJORITY Recommendation: That Substitute Senate Bill No. 6114 be substituted therefor, and the substitute bill do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Snyder, Stevens and Swecker.

Passed to Committee on Rules for second reading.

January 30, 1998

SB 6134 Prime Sponsor, Senator Oke: Freeing the base for transfers of marine and nonhighway fuel taxes. Reported by Committee on Natural Resources and Parks

MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Snyder, Spanel, Stevens and Swecker.

Passed to Committee on Rules for second reading.

January 20, 1998

SB 6144 Prime Sponsor, Senator Schow: Recovering industrial insurance benefit payments. Reported by Committee on Commerce and Labor

MAJORITY Recommendation: Do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser, Heavey and Newhouse.

Passed to Committee on Rules for second reading.

January 30, 1998

SB 6172 Prime Sponsor, Senator McCaslin: Clarifying requirements for service of petitions for review on agencies. Reported by Committee on Government Operations

MAJORITY Recommendation: Do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Anderson, Haugen, Horn, Patterson and T. Sheldon.

Passed to Committee on Rules for second reading.

January 29, 1998

SB 6205 Prime Sponsor, Senator McCaslin: Allowing waiver of interest and penalties on property taxes delinquent because of hardship. Reported by Committee on Government Operations

MAJORITY Recommendation: That Substitute Senate Bill No. 6205 be substituted therefor, and the substitute bill do pass. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Horn, Patterson and T. Sheldon.

Passed to Committee on Rules for second reading.

January 26, 1998

SB 6218 Prime Sponsor, Senator West: Eliminating review and termination of the center for international trade in forest products and delaying review and termination of the office of public defense under the Washington sunset act. Reported by Committee on Commerce and Labor

MAJORITY Recommendation: That Substitute Senate Bill No. 6218 be substituted therefor, and the substitute bill do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson and Heavey.

Passed to Committee on Rules for second reading.

January 28, 1998

SB 6254 Prime Sponsor, Senator Schow: Negotiating land transfers involving manufactured or mobile homes. Reported by Committee on Commerce and Labor

MAJORITY Recommendation: That Substitute Senate Bill No. 6254 be substituted therefor, and the substitute bill do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Franklin, Fraser and Heavey.

Passed to Committee on Rules for second reading.

January 29, 1998

SB 6303 Prime Sponsor, Senator Bauer: Restoring retirement service credit. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Brown, Fraser, Hochstatter, Kohl, Long, Loveland, Rossi, Schow, B. Sheldon, Snyder, Spanel, Swecker, Thibaudeau and Winsley.

Passed to Committee on Rules for second reading.

January 29, 1998

SB 6321 Prime Sponsor, Senator Winsley: Providing property tax exemptions and deferrals for senior citizens and persons retired for reasons of physical disability. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 6321 be substituted therefor, and the substitute bill do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Brown, Fraser, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, B. Sheldon, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli.

Passed to Committee on Rules for second reading.

January 29, 1998

SB 6351 Prime Sponsor, Senator Goings: Eliminating an obsolete reference to index cross-reference reporting. Reported by Committee on Transportation

MAJORITY Recommendation: Do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.

Passed to Committee on Rules for second reading.

January 30, 1998

SB 6361 Prime Sponsor, Senator Deccio: Requiring identification badges for certain health care workers. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That Substitute Senate Bill No. 6361 be substituted therefor, and the substitute bill do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.

Passed to Committee on Rules for second reading.

January 30, 1998

SB 6363 Prime Sponsor, Senator Swecker: Eliminating fish passage barriers. Reported by Committee on Natural Resources and Parks

MAJORITY Recommendation: That Substitute Senate Bill No. 6363 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Mans. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Snyder, Spanel, Stevens and Swecker.

Referred to Committee on Ways and Means.

January 29, 1998

SB 6374 Prime Sponsor, Senator Thibaudeau: Expanding medicaid eligibility for children. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That it be referred to Committee on Ways and Means without recommendation. Signed by Senators Deccio, Chair; Wood, Vice Chair; Fairley, Franklin, Strannigan and Wojahn.

Referred to Committee on Ways and Means.

January 30, 1998

SB 6382 Prime Sponsor, Senator Wood: Allowing endorsed dental hygienists to provide sealants to low-income school children. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That Substitute Senate Bill No. 6382 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Deccio, Chair; Wood, Vice Chair; Fairley and Franklin.

MINORITY Recommendation: Do not pass. Signed by Senators Benton and Wojahn.

Referred to Committee on Ways and Means.

January 29, 1998

SB 6422 Prime Sponsor, Senator Schow: Providing support for collaborative efforts toward worker reemployment. Reported by Committee on Commerce and Labor

MAJORITY Recommendation: That Substitute Senate Bill No. 6422 be substituted therefor, and the substitute bill do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Franklin, Fraser and Heavey.

Passed to Committee on Rules for second reading.

January 29, 1998

SB 6441 Prime Sponsor, Senator Oke: Clarifying procedures for environmental protection change orders in public projects. Reported by Committee on Transportation

Passed to Committee on Rules for second reading.

January 29, 1998

SB 6449 Prime Sponsor, Senator West: Specifying a business and occupation tax rate for income in the nature of royalties for the use of intangible rights. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, B. Sheldon, Spanel, Swecker, Thibaudeau, Winsley and Zarelli.

Passed to Committee on Rules for second reading.

January 29, 1998

SB 6472 Prime Sponsor, Senator Deccio: Making the basic health plan available to persons covered by the federal children's health initiative. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That the bill be referred to Committee on Ways and Means without recommendation. Signed by Senators Deccio, Chair; Wood, Vice Chair; Fairley, Franklin, Strannigan and Wojahn.

Referred to Committee on Ways and Means.

January 29, 1998

SB 6502 Prime Sponsor, Senator Horn: Deleting reference to obsolete transportation accounts. Reported by Committee on Transportation

MAJORITY Recommendation: That Substitute Senate Bill No. 6502 be substituted therefor, and the substitute bill do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.

Passed to Committee on Rules for second reading.

January 29, 1998

SB 6503 Prime Sponsor, Senator Horn: Regulating unanticipated receipts in the transportation budget. Reported by Committee on Transportation

MAJORITY Recommendation: Do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Oke, Patterson, Prentice, Rasmussen and Sellar.

Passed to Committee on Rules for second reading.

January 29, 1998

SB 6504 Prime Sponsor, Senator Horn: Broadening distribution of technology plans. Reported by Committee on Transportation

MAJORITY Recommendation: Do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Oke, Patterson, Prentice, Rasmussen and Sellar.

Passed to Committee on Rules for second reading.

January 29, 1998

SB 6533 Prime Sponsor, Senator Strannigan: Providing property tax exemptions for senior citizens and persons retired for reasons of physical disability. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 6533 be substituted therefor, and the substitute bill do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Brown, Fraser, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, B. Sheldon, Snyder, Spanel, Swecker, Thibaudeau and Winsley.

Passed to Committee on Rules for second reading.

January 29, 1998

SB 6536 Prime Sponsor, Senator Horn: Prescribing employer obligations to furnish wearing apparel. Reported by Committee on Commerce and Labor

MAJORITY Recommendation: Do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser, Heavey and Newhouse.

Passed to Committee on Rules for second reading.

January 30, 1998

SB 6546 Prime Sponsor, Senator Deccio: Establishing nurse/student ratios for schools. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That Substitute Senate Bill No. 6546 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin and Wojahn.

Referred to Committee on Ways and Means.

January 30, 1998

SB 6550 Prime Sponsor, Senator Deccio: Regulating chemical dependency counselors. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That Substitute Senate Bill No. 6550 be substituted therefor, and the substitute bill do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin and Wojahn.

Passed to Committee on Rules for second reading.

January 28, 1998

SB 6572 Prime Sponsor, Senator Schow: Creating the Washington economic development strategy council. Reported by Committee on Commerce and Labor

MAJORITY Recommendation: That Substitute Senate Bill No. 6572 be substituted therefor, and the substitute bill do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser and Heavey.

Passed to Committee on Rules for second reading.

January 30, 1998

SB 6583 Prime Sponsor, Senator Morton: Creating an advisory committee on matters relating to the regulation of adult family homes. Reported by Committee on Health and Long-Term Care

MAJORITY Recommendation: That Substitute Senate Bill No. 6583 be substituted therefor, and the substitute bill do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.

Passed to Committee on Rules for second reading.

January 29, 1998

SB 6596 Prime Sponsor, Senator Horn: Enhancing regional transportation planning. Reported by Committee on Transportation

Passed to Committee on Rules for second reading.

January 29, 1998

SJM 8017 Prime Sponsor, Senator Oke: Naming the Admiral James S. Russell Bridge. Reported by Committee on Transportation

MAJORITY Recommendation: Do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Heavey, Horn, Morton, Oke, Rasmussen and Sellar.

Passed to Committee on Rules for second reading.

January 28, 1998

SCR 8425 Prime Sponsor, Senator Schow: Creating a gambling policy task force. Reported by Committee on Commerce and Labor

MAJORITY Recommendation: That Substitute Senate Bill No. 8425 be substituted therefor, and the substitute bill do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser and Heavey.

Passed to Committee on Rules for second reading.

MOTION

On motion of Senator Johnson, Senate Bill No. 6475, which was held on the desk January 29, 1998, was referred to the Committee on Rules.

MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

October 1, 1997

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

Mark Mays, appointed October 1, 1997, for a term ending September 30, 1999, as a member of the Board of Trustees for Eastern Washington University.

Sincerely,

GARY LOCKE, Governor

Referred to Committee on Higher Education.

January 13, 1998

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

Nancy Campbell, appointed January 13, 1998, for a term ending August 2, 1998, as a member of the Sentencing Guidelines Commission.

Sincerely,

GARY LOCKE, Governor

Referred to Committee on Law and Justice.

January 16, 1998

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

Kevin Grossman, appointed January 16, 1998, for a term ending September 30, 2001, as a member of the Board of Trustees for Shoreline Community College District No. 7.

Sincerely,

GARY LOCKE, Governor

Referred to Committee on Higher Education.

MESSAGE FROM STATE OFFICE

STATE OF WASHINGTON

DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-5000

January 27, 1998

Mr. Michael O'Connell

Secretary of the Senate

P. O. Box 40482

Olympia, Washington 98504-0482

Dear Mr. O'Connell:

Enclosed is the Children's Administration Report to the Legislature entitled “1996 Risk Assessment Report.” This report is mandated under RCW 26.44.030(13).

If you have any questions about the report, please call Art Cantrall at 902-7956.

Sincerely,

LYLE QUASIM, Secretary

The Report from the Department of Social and Health Services entitled “1996 Risk Assessment Report” is on file in the Office of the Secretary of the Senate.

INTRODUCTION AND FIRST READING

SB 6736 by Senator Oke

AN ACT Relating to the composition of the fish and wildlife commission; and amending RCW 77.04.030.

Referred to Committee on Natural Resources and Parks.

SB 6737 by Senators Deccio, Wojahn, Wood, Patterson, West, Fraser, Thibaudeau, Morton, Schow, Winsley, Oke, Prentice, B. Sheldon and Rasmussen

AN ACT Relating to the property taxation of residential housing occupied by low-income developmentally disabled persons; reenacting and amending RCW 84.36.800, 84.36.805, and 84.36.810; adding a new section to chapter 84.36 RCW; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6738 by Senators Goings, McAuliffe, Rasmussen, Fraser, Patterson, B. Sheldon, Snyder, Loveland, Thibaudeau, Brown, Fairley, Kohl, Kline, Heavey, Jacobsen, Prentice, Franklin, Wojahn, Bauer and Winsley

AN ACT Relating to an annual cost-of-living allowance for state employees; adding a new section to chapter 28A.400 RCW; adding a new section to chapter 28B.10 RCW; and adding a new section to chapter 41.04 RCW.

Referred to Committee on Ways and Means.

SB 6739 by Senators Hargrove and Oke

AN ACT Relating to governmental actions affecting families; adding a new section to chapter 34.05 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 70.190 RCW; and providing an effective date.

Referred to Committee on Human Services and Corrections.

SB 6740 by Senators West, Deccio, Oke and Winsley

AN ACT Relating to verification of income eligibility for the basic health plan; reenacting and amending RCW 70.47.060; and prescribing penalties.

Referred to Committee on Ways and Means.

SB 6741 by Senators Horn, Haugen, Oke, Rasmussen, Wood, Goings and Benton

AN ACT Relating to exemption of noncommercial marine fuel from sales and use taxes; amending RCW 82.36.415; and reenacting and amending RCW 82.08.0255 and 82.12.0256.

Referred to Committee on Transportation.

SB 6742 by Senators T. Sheldon, Stevens, Hochstatter and Schow

AN ACT Relating to elections; adding a new section to chapter 29.30 RCW; adding a new section to chapter 85.38 RCW; and adding a new section to chapter 87.03 RCW.

Referred to Committee on Government Operations.

SJM 8027 by Senators Brown, Hargrove, Prentice, Haugen, Rasmussen, Kohl, McAuliffe, Fairley, Fraser, Spanel, T. Sheldon, B. Sheldon, Snyder, Loveland, Franklin, Bauer, Wojahn, Kline, Patterson and Jacobsen

Urging Congress to abandon energy deregulation.

Referred to Committee on Energy and Utilities.

SJM 8028 by Senators Sellar, Rasmussen, Deccio, Newhouse, Prentice and Schow

Petitioning for assistance to help remove the 101.1% import duty placed on apples by Mexico.

Referred to Committee on Commerce and Labor.

MOTION

At 10:11 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.

The Senate was called to order at 10:52 a.m. by President Owen.

THIRD READING

SENATE BILL NO. 5217, by Senators Bauer, Winsley, Franklin, Long, Fraser, Roach, Loveland, Rasmussen, Goings, Swecker, Kohl, Oke, Patterson and Haugen (by request of Joint Committee on Pension Policy)

Providing death benefits for volunteer fire fighters.

The bill was read the third time.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5217.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5217 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. SENATE BILL NO. 5217, 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 Hale, Senator Strannigan was excused.

THIRD READING

ENGROSSED SENATE BILL NO. 5185, by Senators Horn, McCaslin, Long, Benton, Prince and Deccio

Revising procedures for growth management hearings boards.

MOTION

On motion of Senator Horn, the rules were suspended, Engrossed Senate Bill No. 5185 was returned to second reading and read the second time.

MOTION

Senator Horn moved that the following amendment by Senators Horn and McCaslin be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 36.70A.270 and 1997 c 429 s 11 are each amended to read as follows:

Each growth management hearings board shall be governed by the following rules on conduct and procedure:

(1) Any board member may be removed for inefficiency, malfeasance, and misfeasance in office, under specific written charges filed by the governor. The governor shall transmit such written charges to the member accused and the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Removal of any member of a board by the tribunal shall disqualify such member for reappointment.

(2) Each board member shall receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with RCW 43.03.050 and 43.03.060. If it is determined that the review boards shall operate on a full-time basis, each member shall receive an annual salary to be determined by the governor pursuant to RCW 43.03.040. If it is determined that a review board shall operate on a part-time basis, each member shall receive compensation pursuant to RCW 43.03.250, provided such amount shall not exceed the amount that would be set if they were a full-time board member. The principal office of each board shall be located by the governor within the jurisdictional boundaries of each board. The boards shall operate on either a part-time or full-time basis, as determined by the governor.

(3) Each board member shall not: (a) Be a candidate for or hold any other public office or trust; (b) engage in any occupation or business interfering with or inconsistent with his or her duty as a board member; and (c) for a period of one year after the termination of his or her board membership, act in a representative capacity before the board on any matter.

(4) A majority of each board shall constitute a quorum for making orders or decisions, adopting rules necessary for the conduct of its powers and duties, or transacting other official business, and may act even though one position of the board is vacant. One or more members may hold hearings and take testimony to be reported for action by the board when authorized by rule or order of the board. The board shall perform all the powers and duties specified in this chapter or as otherwise provided by law.

(5) ((The)) Each board may appoint one or more hearing examiners to assist the board in its hearing function, to make ((conclusions of law and)) findings of fact and, if requested by the board, to make recommendations to the board for decisions in cases before the board. Such hearing examiners must have demonstrated knowledge of land use planning and law. The boards shall specify in their joint rules of practice and procedure, as required by subsection (7) of this section, the procedure and criteria to be employed for designating hearing examiners as a presiding officer. Hearing examiners selected by a board shall meet the requirements of subsection (3) of this section. The findings and conclusions of the hearing examiner shall not become final until they have been formally approved by the board. This authorization to use hearing examiners does not waive the requirement of RCW 36.70A.300 that ((final orders be issued)) decisions be made within one hundred eighty days of board receipt of a petition. Each board may mediate disputes between counties or cities, over whether their comprehensive plans are coordinated or consistent, by using one or more of its own members, hiring staff to provide mediation, or contracting for the provision of mediation.

(6) Each board shall make findings of fact and prepare a written decision in each case decided by it, and such findings and decision shall be effective upon being signed by two or more members of the board and upon being filed at the board's principal office, and shall be open for public inspection at all reasonable times.

(7) All proceedings before the board, any of its members, or a hearing examiner appointed by the board shall be conducted in accordance with such administrative rules of practice and procedure as the boards jointly prescribe. All three boards shall jointly meet to develop and adopt joint rules of practice and procedure, including rules regarding expeditious and summary disposition of appeals. The boards shall publish such rules and decisions they render and arrange for the reasonable distribution of the rules and decisions. Except as it conflicts with specific provisions of this chapter, the administrative procedure act, chapter 34.05 RCW, and specifically including the provisions of RCW 34.05.455 governing ex parte communications, shall govern the practice and procedure of the boards.

(8) A board member or hearing examiner is subject to disqualification under chapter 34.05 RCW. The joint rules of practice of the boards shall establish procedures by which a party to a hearing conducted before the board may file with the board a motion to disqualify, with supporting affidavit, against a board member or hearing examiner assigned to preside at the hearing.

(9) The members of the boards shall meet jointly on at least an annual basis with the objective of sharing information that promotes the goals and purposes of this chapter.

Sec. 2. RCW 36.70A.280 and 1996 c 325 s 2 are each amended to read as follows:

(1) A growth management hearings board shall hear and determine only those petitions alleging either:

(a) That a ((state agency,)) county((,)) or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to ((plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW)) the shoreline master programs or amendments thereto;

(b) That a county or city planning under this chapter has not taken an action required under this chapter by the time the action is required to have been taken; ((or

(b))) (c) That ((the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted)) a county or city has not addressed relevant issues associated with an action required to be taken under this chapter;

(d) That the comprehensive plan of a county or city adopted under this chapter is not coordinated with, or consistent with, the comprehensive plan of another county or city, as required under RCW 36.70A.100; or

(e) That the shoreline master program or amendment thereto, or chapter 43.21C RCW as it relates thereto, are not in compliance with the requirements of chapter 90.58 RCW.

(2) A petition alleging that a county or city has not addressed issues associated with an action required under this chapter, or that the comprehensive plan of a county or city is not coordinated with or consistent with another comprehensive plan as required under RCW 36.70A.100, may be filed only by: (a) The state, or a county or city that plans under this chapter; (b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c) a person who is certified by the governor within sixty days of filing the request with the board; or (d) a person qualified pursuant to RCW 34.05.530. A petition alleging that a county or city has not taken an action required under this chapter, by the time such action is required to have been taken, may be filed by any person. A petition alleging that the shoreline master program or amendments thereto, or chapter 43.21C RCW as it relates thereto, may be filed by a person with standing under chapter 43.21C RCW.

(3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.

(((4) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.

The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.

If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.))

Sec. 3. RCW 36.70A.290 and 1997 c 429 s 12 are each amended to read as follows:

(1) All requests for review to a growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board. The board shall render written decisions articulating the basis for its holdings. The board shall not issue advisory opinions on issues not presented to the board in the statement of issues, as modified by any prehearing order.

(2) All petitions relating to whether or not an adopted comprehensive plan, development regulation, or permanent amendment thereto, is in compliance with the goals and requirements of ((this chapter or)) chapter 90.58 or 43.21C RCW must be filed within sixty days after publication by the legislative ((bodies)) authority of the county or city. All petitions relating to whether or not a county or city has addressed relevant issues associated with an action required under this chapter must be filed within sixty days after publication by the legislative authority of the county or city. All petitions relating to whether or not comprehensive plans are coordinated or consistent, as required under RCW 36.70A.100, must be filed within sixty days after publication by the legislative authority of the county or city adopting or amending its comprehensive plan that is alleged not to be coordinated or consistent with another comprehensive plan. Petitions relating to whether a county or city has not taken an action required under this chapter by the time such action is required to have been taken may be filed at any time.

(((a) Except as provided in (c) of this subsection,)) The date of publication for a city shall be the date the city publishes the ordinance, or summary of the ordinance, adopting the comprehensive plan or development regulations, or amendment thereto, as is required to be published.

(((b))) Promptly after adoption, a county shall publish a notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.

((Except as provided in (c) of this subsection, for purposes of this section)) The date of publication for a county shall be the date the county publishes the notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.

(((c) For local governments planning under RCW 36.70A.040, promptly after approval or disapproval of a local government̓s shoreline master program or amendment thereto by the department of ecology as provided in RCW 90.58.090, the local government shall publish a notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology. For purposes of this section, the date of publication for the adoption or amendment of a shoreline master program is the date the local government publishes notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology.))

(3) Unless the board dismisses the petition as frivolous or finds that the person filing the petition lacks standing, or the parties have filed an agreement to have the case heard in superior court as provided in RCW 36.70A.295, the board shall, within ten days of receipt of the petition, set a time for hearing the matter.

(4) The board shall base its decision on the record developed by the city((,)) or county((, or the state)) and supplemented with additional evidence if the board determines that such additional evidence would be necessary or of substantial assistance to the board in reaching its decision.

(5) The board, shall consolidate, when appropriate, all petitions involving the review of the same comprehensive plan or the same development regulation or regulations.

Sec. 4. RCW 36.70A.295 and 1997 c 429 s 13 are each amended to read as follows:

(1) The superior court may directly review a petition for review filed under RCW 36.70A.290 if all parties to the proceeding before the board have agreed to direct review in the superior court. The agreement of the parties shall be in writing and signed by all of the parties to the proceeding or their designated representatives. ((The agreement shall include the parties' agreement to proper venue as provided in RCW 36.70A.300(5).)) The parties shall file their agreement with the board within ten days after the date the petition is filed, or if multiple petitions have been filed and the board has consolidated the petitions pursuant to RCW 36.70A.300, within ten days after the board serves its order of consolidation.

(2) Within ten days of receiving the timely and complete agreement of the parties, the board shall file a certificate of agreement with the designated superior court and shall serve the parties with copies of the certificate. The superior court shall obtain exclusive jurisdiction over a petition when it receives the certificate of agreement. With the certificate of agreement the board shall also file the petition for review, any orders entered by the board, all other documents in the board's files regarding the action, and the written agreement of the parties.

(3) For purposes of a petition that is subject to direct review, the superior court's subject matter jurisdiction shall be equivalent to that of the board. Consistent with the requirements of the superior court civil rules, the superior court may consolidate a petition subject to direct review under this section with a separate action filed in the superior court.

(4)(a) Except as otherwise provided in (b) and (c) of this subsection, the provisions of RCW 36.70A.280 through 36.70A.330, which specify the nature and extent of board review, shall apply to the superior court's review.

(b) The superior court:

(i) Shall not have jurisdiction to directly review or modify an office of financial management population projection;

(ii) Except as otherwise provided in RCW 36.70A.300(((2)(b))), shall render its decision on the petition within one hundred eighty days of receiving the certification of agreement; and

(iii) Shall give a compliance hearing under RCW 36.70A.330(2) the highest priority of all civil matters before the court.

(c) An aggrieved party may secure appellate review of a final judgment of the superior court under this section by the supreme court or the court of appeals. The review shall be secured in the manner provided by law for review of superior court decisions in other civil cases.

(5) If, following a compliance hearing, the court finds that the state agency, county, or city is not in compliance with the court's prior order, the court may use its remedial and contempt powers to enforce compliance.

(6) The superior court shall transmit a copy of its decision and order on direct review to the board, the department, and the governor. If the court has determined that a county or city is not in compliance with the provisions of this chapter, the governor may impose sanctions against the county or city in the same manner as if a board had recommended the imposition of sanctions as provided in RCW 36.70A.330.

(7) After the court has assumed jurisdiction over a petition for review under this section, the superior court civil rules shall govern a request for intervention and all other procedural matters not specifically provided for in this section.

Sec. 5. RCW 36.70A.300 and 1997 c 429 s 14 are each amended to read as follows:

(1) ((The board shall issue a final order that shall be based exclusively on whether or not a state agency, county, or city is in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW.

(2)))(a) Except as provided in (b) of this subsection, the ((final order)) decision shall be issued within one hundred eighty days of receipt of the petition for review, or, if multiple petitions are filed, within one hundred eighty days of receipt of the last petition that is consolidated.

(b) The board may extend the period of time for issuing a decision to enable the parties to settle the dispute if additional time is necessary to achieve a settlement, and (i) an extension is requested by all parties, or (ii) an extension is requested by the petitioner and respondent and the board determines that a negotiated settlement

between the remaining parties could resolve significant issues in dispute. The request must be filed with the board not later than seven days before the date scheduled for the hearing on the merits of the petition. The board may authorize one or more extensions for up to ninety days each, subject to the requirements of this section.

(((3))) (2) In ((the final order)) rendering its decision, the board shall ((either)):

(a) Find that the ((state agency,)) county((,)) or city is in compliance with the requirements of ((this chapter,)) chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW; or

(b) Find that the county or city either has, or has not, taken the action by the time such action is required to have been taken; or

(c) Find that the ((state agency,)) county((,)) or city ((is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW, in which case)) either has, or has not, addressed relevant issues associated with an action required under this chapter, but may not consider the adequacy of the actions taken by the county or city. If the board finds that the county or city has not addressed the relevant issues, the board shall ((remand the matter to the affected state agency, county, or city. The board shall)) specify a reasonable time not in excess of one hundred eighty days, or such longer period as determined by the board in cases of unusual scope or complexity, within which the ((state agency,)) county((,)) or city and the person or persons appealing the action shall ((comply with the requirements of this chapter. The board may require periodic reports to the board on the progress the jurisdiction is making towards compliance.

(4) Unless the board makes a determination of invalidity as provided in RCW 36.70A.302, a finding of noncompliance and an order of remand shall not affect the validity of comprehensive plans and development regulations during the period of remand.

(5) Any party aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in RCW 34.05.514 or 36.01.050 within thirty days of the final order of the board)) attempt to resolve the dispute; or

(d) Find that the comprehensive plans either are, or are not, coordinated or consistent, as required under RCW 36.70A.100. If the board finds that the comprehensive plans are not coordinated or consistent, the board shall mediate between the affected counties or cities to resolve the lack of coordination or lack of consistency.

(3) Nothing in RCW 36.70A.250 through 36.70A.345 precludes an aggrieved party from filing a law suit seeking equitable relief against a county or city for failing to comply with the requirements of this chapter or seeking other remedies that may exist challenging the actions of a county or city taken under this chapter.

(4) Any party aggrieved by a final decision of the hearings board may appeal the decision directly to the court of appeals for assignment by the chief presiding judge.

Sec. 6. RCW 36.70A.310 and 1994 c 249 s 32 are each amended to read as follows:

A request for review by the state to a growth management hearings board under RCW 36.70A.280(1) may be made only by the governor, or with the governor's consent the head of an agency, or by the commissioner of public lands as relating to state trust lands((, for the review of whether: (1) A county or city that is required or chooses to plan under RCW 36.70A.040 has failed to adopt a comprehensive plan or development regulations, or county-wide planning policies within the time limits established by this chapter; or (2) a county or city that is required or chooses to plan under this chapter has adopted a comprehensive plan, development regulations, or county-wide planning policies, that are not in compliance with the requirements of this chapter)).

Sec. 7. RCW 36.70A.320 and 1997 c 429 s 20 are each amended to read as follows:

(1) ((Except as provided in subsection (5) of this section,)) Comprehensive plans and development regulations, and amendments thereto, adopted under this chapter are presumed valid upon adoption.

(2) Except as otherwise provided in subsection (4) of this section, the burden is on the petitioner to demonstrate that any action taken by a state agency, county, or city under this chapter is not in compliance with the requirements of this chapter.

(3) In any petition under this chapter, the board, after full consideration of the petition, shall ((determine whether there is compliance with the requirements of this chapter. In making its determination, the board shall consider the criteria adopted by the department under RCW 36.70A.190(4). The board shall find compliance unless it determines that the action by the state agency, county, or city is clearly erroneous in view of the entire record before the board and in light of the goals and requirements of this chapter)) render its decision.

(4) A county or city subject to a determination of invalidity made under RCW 36.70A.300 or 36.70A.302 has the burden of demonstrating that the ordinance or resolution it has enacted in response to the determination of invalidity will no longer substantially interfere with the fulfillment of the goals of this chapter under the standard in RCW 36.70A.302(1).

(((5) The shoreline element of a comprehensive plan and the applicable development regulations adopted by a county or city shall take effect as provided in chapter 90.58 RCW.))

Sec. 8. RCW 36.70A.340 and 1991 sp.s. c 32 s 26 are each amended to read as follows:

((Upon receipt from the board of a finding that a state agency, county, or city is in noncompliance under RCW 36.70A.330, or as a result of failure to meet the requirements of)) If sanctions are imposed under RCW 36.70A.210 or 36.70A.345, the governor may either:

(1) Notify and direct the director of the office of financial management to revise allotments in appropriation levels;

(2) Notify and direct the state treasurer to withhold the portion of revenues to which the county or city is entitled under one or more of the following: The motor vehicle fuel tax, as provided in chapter 82.36 RCW; the transportation improvement account, as provided in RCW 47.26.084; the urban arterial trust account, as provided in RCW 47.26.080; the rural arterial trust account, as provided in RCW 36.79.150; the sales and use tax, as provided in chapter 82.14 RCW; the liquor profit tax, as provided in RCW 66.08.190; and the liquor excise tax, as provided in RCW 82.08.170; or

(3) File a notice of noncompliance with the secretary of state and the county or city, which shall temporarily rescind the county or city's authority to collect the real estate excise tax under RCW 82.46.030 until the governor files a notice rescinding the notice of noncompliance.

NEW SECTION. Sec. 9. RCW 36.70A.330 and 1997 c 429 s 21, 1995 c 347 s 112, & 1991 sp.s. c 32 s 14 are each repealed.

NEW SECTION. Sec. 10. RCW 36.70A.340 is recodified to appear immediately after RCW 36.70A.345." Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Horn and McCaslin to Engrossed Senate Bill No. 5185.

`The motion by Senator Horn carried and the striking amendment was adopted.

MOTIONS

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

On page 1, line 1 of the title, after "boards;" strike the remainder of the title and insert "amending RCW 36.70A.270, 36.70A.280, 36.70A.290, 36.70A.295, 36.70A.300, 36.70A.310, 36.70A.320, and 36.70A.340; adding a new section to chapter 36.70A RCW; recodifying RCW 36.70A.340; and repealing RCW 36.70A.330." On motion of Senator Horn, the rules were suspended, Second Engrossed Senate Bill No. 5185 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Senate Bill No. 5185.

ROLL CALL

The Secretary called the roll on the final passage of Second Engrossed Senate Bill No. 5185 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 21; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Swecker, West, Winsley, Wood and Zarelli - 27. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 21. Excused: Senator Strannigan - 1. SECOND ENGROSSED SENATE BILL NO. 5185, 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 11:13 a.m., on motion of Senator Johnson, the Senate adjourned until 12:00 noon, Tuesday, February 3, 1998.

BRAD OWEN, President of the Senate

MIKE O'CONNELL, Secretary of the Senate