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SEVENTY-EIGHTH DAY

MORNING SESSION

House Chamber, Olympia, Monday, March 29, 1999

The House was called to order at 10:00 a.m. by Speaker Chopp. The Clerk called the roll and a quorum was present.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Nick Schmidt and Venus Kennedy. Speaker Chopp led the Chamber in Pledge of Alliance. Prayer was offered by Father Joy Pazhampassery, Mother of Mercy Chapel, Enumclaw and affliated with Aleppey Diocese in India.

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

INTRODUCTIONS AND FIRST READING

HB 2278 by Representatives Ericksen, Pflug, B. Chandler, Esser, Thomas, Pennington, Cox, Fortunato, Barlean, Cairnes, Benson, Carrell, Wensman, Huff, Mastin, D. Sommers, Schindler, Mulliken, Lisk, Delvin, Radcliff, K. Schmidt, Boldt, Clements, McDonald, Lambert, Ballasiotes, Talcott, Bush, Schoesler, Mielke, Sump, Buck, Parlette, Campbell, D. Schmidt, Mitchell, Alexander, Koster, G. Chandler, McMorris, Hankins, Skinner, DeBolt, Dunn and Van Luven

AN ACT Relating to sales and use tax exemptions for over-the-counter drugs; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; and providing an effective date.

Referred to Committee on Finance.

HB 2279 by Representatives Cox, Barlean, Fortunato, Schindler, Thomas, Pennington, Pflug, Ericksen, Lisk, Cairnes, D. Sommers, Esser, Benson, Carrell, Mastin, Wensman, B. Chandler, Huff, Mitchell, Delvin, Boldt, Radcliff, K. Schmidt, Talcott, Mulliken, McDonald, Lambert, Ballasiotes, Koster, Parlette, Bush, Schoesler, Campbell, Sump, Buck, D. Schmidt, Mielke, Carlson, Clements, Alexander, G. Chandler, McMorris, Hankins, Skinner, DeBolt, Dunn and Van Luven

AN ACT Relating to reducing the inflationary adjustment for the state property tax levy to zero over time; and reenacting and amending RCW 84.55.005.

Referred to Committee on Finance.

MOTION

On motion of Representative Kessler, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.

REPORTS OF STANDING COMMITTEES

March 25, 1999

ESSB 5175 Prime Sponsor, Senate Committee on Senate State & Local Government: Authorizing the donation of surplus computers and computer-related equipment to school districts and educational service districts. Reported by Committee on Education

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 39.33 RCW to read as follows:

(1) An agency as defined in RCW 42.52.010 may donate to any school district or educational service district surplus computers and computer-related equipment.

(2) By September 1, 1999, the office of superintendent of public instruction and the department of general administration shall jointly develop guidelines and distribution standards for the purpose of implementing subsection (1) of this section. The guidelines and distribution standards shall include considerations for quality, school-district needs, and accountability, and shall give priority to meeting the computer-related needs of children with disabilities, including those disabilities that require the portability of laptop computers.

Sec. 2. RCW 43.19.1919 and 1997 c 264 s 2 are each amended to read as follows:

Except as provided in RCW 28A.335.180 ((and)), 43.19.1920, and section 1 of this act, the division of purchasing shall sell or exchange personal property belonging to the state for which the agency, office, department, or educational institution having custody thereof has no further use, at public or private sale, and cause the moneys realized from the sale of any such property to be paid into the fund from which such property was purchased or, if such fund no longer exists, into the state general fund: PROVIDED, Sales of capital assets may be made by the division of purchasing and a credit established in central stores for future purchases of capital items as provided for in RCW 43.19.190 through 43.19.1939, as now or hereafter amended: PROVIDED FURTHER, That personal property, excess to a state agency, including educational institutions, shall not be sold or disposed of prior to reasonable efforts by the division of purchasing to determine if other state agencies have a requirement for such personal property. Such determination shall follow sufficient notice to all state agencies to allow adequate time for them to make their needs known. Surplus items may be disposed of without prior notification to state agencies if it is determined by the director of general administration to be in the best interest of the state. The division of purchasing shall maintain a record of disposed surplus property, including date and method of disposal, identity of any recipient, and approximate value of the property: PROVIDED, FURTHER, That this section shall not apply to personal property acquired by a state organization under federal grants and contracts if in conflict with special title provisions contained in such grants or contracts.

This section does not apply to property under RCW 27.53.045.

Sec. 3. RCW 28A.335.180 and 1997 c 264 s 1 and 1997 c 104 s 1 are each reenacted and amended to read as follows:

(1) Notwithstanding any other provision of law, school districts, educational service districts, or any other state or local governmental agency concerned with education, when declaring texts and other books, equipment, materials or relocatable facilities as surplus, shall, prior to other disposal thereof, serve notice in writing in a newspaper of general circulation in the school district and to any public school district or private school in Washington state annually requesting such a notice, that the same is available for sale, rent, or lease to public school districts or approved private schools, at depreciated cost or fair market value, whichever is greater: PROVIDED, That students wishing to purchase texts pursuant to RCW 28A.320.230(2) shall have priority as to such texts. The notice requirement in this section does not apply to the sale or transfer of assistive devices under RCW 28A.335.205 or chapter 72.40 RCW. Such districts or agencies shall not otherwise sell, rent or lease such surplus property to any person, firm, organization, or nongovernmental agency for at least thirty days following publication of notice in a newspaper of general circulation in the school district.

(2) In lieu of complying with subsection (1) of this section, school districts and educational service districts may elect to grant surplus personal property to a federal, state, or local governmental entity, or to indigent persons, at no cost on the condition the property be used for preschool through twelfth grade educational purposes, or elect to loan surplus personal property to a nonreligious, nonsectarian private entity on the condition the property be used for the preschool through twelfth grade education of members of the public on a nondiscriminatory basis.

(3) The office of superintendent of public instruction may distribute surplus computers and computer-related equipment in accordance with section 1 of this act. The office of the superintendent of public instruction may provide information about the availability of those items to school districts and educational service districts. In any distribution of computers and computer-related equipment, the office shall give priority to school districts and educational service districts seeking computers for students with disabilities, including those disabilities that require the portability of laptop computers."

Signed by Representatives Quall, Democratic Co-Chair; Talcott, Republican Co-Chair; Haigh, Democratic Vice Chair; Schindler, Republican Vice Chair; Carlson; Cox; Keiser; Rockefeller; Santos; D. Schmidt; Schual-Berke; Stensen and Sump.

Voting yea: Representatives Quall, Talcott, Haigh, Schindler, Carlson, Cox, Keiser, Rockefeller, Santos, D. Schmidt, Schual-Berke, Stensen and Sump.

Excused: Representative(s) Wensman.

Passed to Rules Committee for Second Reading.

March 25, 1999

SSB 5177 Prime Sponsor, Senate Committee on Education: Increasing the number of hours retired teachers or retired administrators can substitute teach and increasing the number of hours retired principals can serve as substitute principals. Reported by Committee on Education

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 41.32.570 and 1997 c 254 s 5 are each amended to read as follows:

(1)(a) If a retiree enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance will be reduced by five and one-half percent for every seven hours worked during that month. This reduction will be applied each month until the retiree remains absent from employment with an employer for one full calendar month.

(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours per month. Any monthly benefit reduction over one hundred percent will be applied to the benefit the retiree is eligible to receive in subsequent months.

(2) Any retired teacher or retired administrator who enters service in any public educational institution in Washington state and who has satisfied the break in employment requirement of subsection (1) of this section shall cease to receive pension payments while engaged in such service: PROVIDED, That service may be rendered up to five hundred twenty-five hours per school year without reduction of pension.

(3) In addition to the five hundred twenty-five hours of service permitted under subsection (2) of this section, a retired teacher or retired administrator may also serve only as a substitute teacher for up to an additional ((one hundred five)) three hundred fifty hours per school year without reduction of pension if:

(a) A school district, which is not a member of a multidistrict substitute cooperative, determines that it has exhausted or can reasonably anticipate that it will exhaust its list of qualified and available substitutes and the school board of the district adopts a resolution to make its substitute teachers who are retired teachers or retired administrators eligible for the additional ((one hundred five)) three hundred fifty hours of extended service once the list of qualified and available substitutes has been exhausted. The resolution by the school district shall state that the services of retired teachers and retired administrators are necessary to address the shortage of qualified and available substitutes. The resolution shall be valid only for the school year in which it is adopted. The district shall forward a copy of the resolution with a list of retired teachers and retired administrators who have been employed as substitute teachers to the department and may notify the retired teachers and retired administrators included on the list of their right to take advantage of the provisions of this subsection; or

(b) A multidistrict substitute cooperative determines that the school districts have exhausted or can reasonably anticipate that they will exhaust their list of qualified and available substitutes and each of the school boards adopts a resolution to make their substitute teachers who are retired teachers or retired administrators eligible for the extended service once the list of qualified and available substitutes has been exhausted. The resolutions by each of the school districts shall state that the services of retired teachers and retired administrators are necessary to address the shortage of qualified and available substitutes. The resolutions shall be valid only for the school year in which they are adopted. The cooperative shall forward a copy of the resolutions with a list of retired teachers and retired administrators who have been employed as substitute teachers to the department and may notify the retired teachers and retired administrators included on the list of their right to take advantage of the provisions of this subsection.

(4) In addition to the five hundred twenty-five hours of service permitted under subsection (2) of this section, a retired administrator ((or retired teacher)) may also serve as a substitute administrator up to an additional ((one hundred five)) three hundred fifty hours per school year without reduction of pension if a school district board of directors adopts a resolution declaring that the services of a retired administrator ((or retired teacher)) are necessary because it cannot find a replacement administrator to fill a vacancy. The resolution shall be valid only for the school year in which it is adopted. The district shall forward a copy of the resolution with the name of the retired administrator ((or retired teacher)) who has been employed as a substitute administrator to the department. However, a retired administrator ((or retired teacher)) may not serve more than a total of ((one hundred five)) three hundred fifty additional hours per school year pursuant to subsections (3) and (4) of this section.

(5) Subsection (2) of this section shall apply to all persons governed by the provisions of plan I, regardless of the date of their retirement, but shall apply only to benefits payable after June 11, 1986.

(6) Subsection (3) of this section shall apply to all persons governed by the provisions of plan I, regardless of the date of their retirement, but shall only apply to benefits payable after September 1, 1994."

Voting yea: Representatives Quall, Talcott, Haigh, Schindler, Carlson, Cox, Keiser, Rockefeller, Santos, D. Schmidt, Schual-Berke, Stensen and Sump.

Excused: Representative(s) Wensman.

Passed to Rules Committee for Second Reading.

March 25, 1999

SB 5202 Prime Sponsor, Senator Loveland: Preventing convicted embezzlers from working for the county treasurer. Reported by Committee on Local Government

MAJORITY recommendation: Do pass. Signed by Representatives Mulliken, Republican Co-Chair; Scott, Democratic Co-Chair; Doumit, Democratic Vice Chair; Mielke, Republican Vice Chair; Edwards; Ericksen; Fisher and Fortunato.

Voting yea: Representatives Mulliken, Scott, Doumit, Mielke, Edwards, Ericksen, Fisher and Fortunato.

Passed to Rules Committee for Second Reading.

March 25, 1999

SSB 5213 Prime Sponsor, Senate Committee on Education: Requiring record checks for employees of approved private schools who have regularly scheduled unsupervised access to children. Reported by Committee on Education

MAJORITY recommendation: Do pass as amended.

On page 2, line 2, after "required" insert "or authorized"

On page 2, after line 4, insert the following:

"(2) An approved private school is authorized to require the record check described in subsection (1) of this section through the Washington state patrol and the federal bureau of investigation for employees hired prior to July 1, 1999."

Renumber remaining subsections consecutively and correct internal references accordingly.

On page 2, line 6, after "required" insert "or authorized"

Voting yea: Representatives Quall, Talcott, Haigh, Schindler, Carlson, Cox, Keiser, Rockefeller, Santos, D. Schmidt, Schual-Berke, Stensen and Sump.

Excused: Representative(s) Wensman.

Referred to Committee on Appropriations.

March 25, 1999

SB 5567 Prime Sponsor, Senator Hale: Using federal funds to reduce the outstanding debt of school districts within counties. Reported by Committee on Local Government

Voting yea: Representatives Mulliken, Scott, Doumit, Mielke, Edwards, Ericksen, Fisher and Fortunato.

Passed to Rules Committee for Second Reading.

March 25, 1999

SSB 5838 Prime Sponsor, Senate Committee on Education: Permitting personal holiday leave sharing for school district employees. Reported by Committee on Education

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Democratic Co-Chair; Talcott, Republican Co-Chair; Haigh, Democratic Vice Chair; Schindler, Republican Vice Chair; Carlson; Cox; Keiser; Rockefeller; Santos; D. Schmidt; Schual-Berke; Stensen and Sump.

Voting yea: Representatives Quall, Talcott, Haigh, Schindler, Carlson, Cox, Keiser, Rockefeller, Santos, D. Schmidt, Schual-Berke, Stensen and Sump.

Excused: Representative(s) Wensman.

Passed to Rules Committee for Second Reading.

MOTION

On motion of Representative Kessler, the bills listed on the day's committee reports under the fifth order of business were referred to the committees so designated.

There being no objection, the House advanced to the eleventh order of business.

MOTION

On motion of Representative Kessler, the House adjourned until 9:55 a.m., Tuesday, March 30, 1999, the 79^th Legislative Day.

TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker

DEAN R. FOSTER, Chief Clerk FRANK CHOPP, Speaker

2278

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

2279

Intro & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

5175 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

5177 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

5202

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

5213 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

5567

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

5838 (Sub)

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5