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FORTY SIXTH DAY

MORNING SESSION

House Chamber, Olympia, Thursday, February 24, 2000

The House was called to order at 10:00 a.m. by Speaker Ballard. 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 Nicole Ballard and Chloe Birnel. Prayer was offered by Father James Elliott, St. Anthony's Church, Renton.

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

SPEAKER'S PRIVILEGE

Speaker Ballard introduced the House interns for the 2000 Session: Althea Cawley-Murphree, Kevin Cure, Carie Eggert, Michael Eklund-Grayum, Travis Groves, Sophia Kan, Jennie Keith, Kari Lambert, Rob Lane, Lan Nguyen, T.K. Norman, Ryan Pennington, Marie Smith, Shelly Smith, Daniel Weintraub, Aaron McCoy and Aaron Qualls.

POINT OF PERSONAL PRIVILEGE

Representative Pennington expressed his gratitude to the interns. His legislative assistant was taken ill and the interns were filling in for her, making order out of the chaos.

SPEAKER'S PRIVILEGE

Speaker Ballard introduced a visiting group from the University of Alberta Campus Chapter of Habitat for Humanity. These students were spending their spring break building homes in Olympia. For the two previous evenings, they had been teaching Legislative staff how to "mud and tape" at the Home from the Dome. The Speaker expressed how honored the House was to meet young people like these who not only talked about their concern for fellow human beings, but who also put their words into action and so generously gave of their own time, talent and energy.

RESOLUTIONS

HOUSE RESOLUTION NO. 2000-4744, by Representatives Schoesler, Ogden, Ballard, Chopp, Parlette, Ericksen, Pflug, Benson, Campbell, Mielke, Boldt, DeBolt, Cox, Buck, Skinner, Woods, Barlean, McDonald, Esser, Lambert, Kenney, Tokuda, Grant, Wood, Pennington, Wensman, D. Sommers, Dunn, Van Luven, Carlson, Mastin, Rockefeller, Sullivan, Anderson, Fisher, Cooper, B. Chandler, Santos, Eickmeyer, Stensen, Edmonds, Wolfe, Hatfield, Haigh, Conway, Kagi, Doumit, Radcliff, Ballasiotes, Alexander, D. Schmidt, Delvin, Schindler, Talcott, Clements, Cairnes, McMorris, Thomas, Bush, Ruderman, Lovick, Kastama, Hankins, Mulliken, Carrell, Cody, Constantine, Crouse, Dunshee, Edwards, Fortunato, Huff, Hurst, Keiser, Kessler, Koster, Lantz, Lisk, Miloscia, O'Brien, Poulsen, Regala, Romero, K. Schmidt, Schual-Berke, Scott, H. Sommers and Sump

WHEREAS, It is the policy of the Washington State House of Representatives to recognize excellence in all fields of endeavor; and

WHEREAS, Dr. Samuel H. Smith has shown the highest level of excellence as President of Washington State University (WSU); and

WHEREAS, Dr. Samuel H. Smith, a native of Salinas, California, holds bachelor's and doctoral degrees in plant pathology from the University of California at Berkeley and honorary doctoral degrees from Nihon University in Tokyo, Japan, and Far Eastern State University in Vladivostok, Russia; and

WHEREAS, Dr. Samuel H. Smith has enjoyed a distinguished career in higher education, including: 1961-Bachelor's degree in plant pathology from the University of California at Berkeley; 1964-Ph.D. in plant pathology from University of California at Berkeley; 1965-NATO postdoctoral fellow at Glasshouse Crops Research Institute, Sussex, England; 1965-Joined University of California at Berkeley faculty; 1969-Joined the Pennsylvania State University faculty and later became plant department head; 1981-Appointed College of Agriculture Dean and served as director of both the Cooperative Extension Service and Agricultural Experiment Station at Pennsylvania State University; and 1985-Appointed 8th President, Washington State University; and

WHEREAS, Founded in 1890, WSU has grown in size and stature under Dr. Samuel H. Smith's leadership with its teaching, research, and public service activities receiving world-wide recognition; and

WHEREAS, Dr. Samuel H. Smith's priorities for WSU include strengthening undergraduate and graduate education, placing an international imprint on programs, and increasing opportunities for women and minorities; and

WHEREAS, Dr. Samuel H. Smith is recognized nationally as a leader in distance education, and is well known for establishing WSU branch campuses in Spokane, the Tri-Cities, and Vancouver to serve place-bound and job-bound students, and learning centers and award-winning extended degree programs that have further expanded access to WSU; and

WHEREAS, In 1998, during the presidency of Dr. Samuel H. Smith, the Washington State Cougar Football team went to the Rose Bowl for the first time in sixty-seven years; and

WHEREAS, In the fall of 1999, WSU's state-wide enrollment, including the main campus at Pullman, exceeded twenty-one thousand students for the first time, with more than one-third of all WSU graduates since the university's first commencement in 1897 having had their academic degrees granted by Dr. Samuel H. Smith; and

WHEREAS, Under Dr. Samuel H. Smith's leadership, Campaign WSU, the University's first comprehensive fund-raising effort, attracted $275.4 million in private support, substantially over its $250 million goal, and transformed WSU's ability to serve students and the state of Washington by supporting scholarships, faculty recruitment and retention, learning technology, and state-wide education; and

WHEREAS, Dr. Samuel H. Smith is a member of the Board of Trustees of the Western Governors University of which WSU is a founding member; and

WHEREAS, Dr. Samuel H. Smith is Chair of the National Association of State Universities and Land-Grant Colleges Board of Directors for 2000, and his leadership positions with the association have included serving as chair of both the NASULGC Council of Presidents and its Commission on Information Technologies; and

WHEREAS, Dr. Samuel H. Smith is a member of the Kellogg Commission on the Future of the State and Land-Grant Universities created by NASULGC which is planning for change and improvement of state universities and land-grant colleges for the 21st century; and

WHEREAS, Dr. Samuel H. Smith was honored in 1998 at the NASULGC annual meeting as the Justin Smith Morrill Memorial lecturer given by the United States Department of Agriculture and NASULGC once every three years honoring outstanding contemporary leadership in teaching and significant contributions as an educator in promoting the land-grant tradition of the "liberal and practical education of all people"; and

WHEREAS, Dr. Samuel H. Smith has proved to be an innovative and forward-looking leader in providing whole-hearted support for the agricultural community and creating the unique President's Agriculture 101 Group to ensure Washington's agricultural interests are protected and promoted for the good of the citizens of this state and our trading partners both here and around the world; and

WHEREAS, Dr. Samuel H. Smith, in January 1999, completed his term as chair of the Executive Committee of the National Collegiate Athletic Association, in 1994 became active in the NCAA when he was elected as the Division I representative to the Presidents Commission and later elected chair of that commission, and in 1997 was elected chair of the Executive Committee, the NCAA's newly formed primary governing body, and served in that capacity until completion of his term; and

WHEREAS, Dr. Samuel H. Smith has been honored by the Council for Advancement and Support of Education District VIII with its Leadership Award for "qualities beyond leadership" that enable WSU to "dramatically change course, chart a new vision, and exceed even its own expectations" in serving students; and

WHEREAS, Dr. Samuel H. Smith has announced his intentions to retire on July 1, 2000, having transformed WSU from a university with a single rural campus to a state-wide institution with four campuses, eight learning centers, and a distance education program serving students in every county of the state and leaving WSU in good shape academically and financially; and

WHEREAS, Dr. Samuel H. Smith and his wife, Pat, have decided this is the right time for them to do the many of the other things they have wanted to do;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor Dr. Samuel H. Smith for his outstanding contributions to Washington State University, to the many students, faculty, and staff whose lives have been impacted by his commitment, and to the people of the state of Washington; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Dr. Samuel H. Smith, members of the Board of Regents of Washington State University, members of the Higher Education Coordinating Board, and Governor Gary Locke.

Representative Schoesler moved adoption of the resolution.

Representatives Schoesler, Ogden, Carlson, Kenney, Cox, Doumit, D. Sommers and Parlette spoke in favor of the adoption of the resolution.

House Resolution No. 2000-4744 was adopted.

Speaker Ballard introduced Dr. Samuel H. Smith and asked the Chamber to acknowledge him.

HOUSE RESOLUTION NO. 2000-4675, by Representatives Fortunato, Hankins, McDonald, Schoesler, Radcliff, K. Schmidt, Mitchell, Carlson, Mastin, Mielke, Boldt, Conway, Kastama, Wolfe, DeBolt, Cox, Bush, Thomas, Esser, Lambert, B. Chandler, McMorris, Delvin, Schindler, Dunn, Koster, Van Luven, D. Sommers, Clements, Pennington, Mulliken, Wensman, Pflug, Haigh, Veloria, Edmonds, Kagi, Eickmeyer, Ogden, Lantz, D. Schmidt, Linville, Santos, Talcott and Parlette

WHEREAS, Since 1891, outstanding young men and women from across the State of Washington have served as pages in the Washington State House of Representatives; and

WHEREAS, Pages have the unique opportunity to meet and serve elected officials. The pages provide an invaluable service to the House of Representatives by delivering documents and supplies, by answering telephone calls and delivering messages, and by presenting the flags at the beginning of each session; and

WHEREAS, Each page must attend a two-hour orientation and training session before his or her term. A page begins his or her tenure at 7:45 a.m. on Monday and concludes his or her experience at 5:00 p.m. on Friday of his or her designated week of service; and

WHEREAS, All pages carry out their duties in a professional, courteous, and cheerful manner, helping make the legislative buildings more efficient and pleasant workplaces; and

WHEREAS, The Basic Education Act declares that the primary goal for the schools of the State of Washington shall be to provide students with the opportunity to become responsible citizens. The Washington State Commission on Student Learning has established four Essential Academic Learning Requirements in the area of civics to ensure that students meet this goal; and

WHEREAS, The Legislative Page School has been restructured for this session to include an interactive, multidimensional curriculum that reflects the aims of the Basic Education Act. Each page spends two hours each day in the Legislative Page School; and

WHEREAS, The pages are actively involved in the legislative process, thereby creating a teachable moment. The mission of the Legislative Page School is to take advantage of that learning opportunity by providing organized instruction to enhance the learning that occurs naturally during the page experience; and

WHEREAS, Page School activities include: Participating in a budget exercise, drafting bills and amendments, participating in a simulated legislature, attending guest speaker presentations, discussing legislative issues and current events, and keeping a daily journal of their experiences; and

WHEREAS, Both the Page Program and the Legislative Page School provide valuable experiences that enable students to become informed citizens. Pages then share these experiences with other students, teachers, and members of the community, thus contributing to a greater understanding of the legislative process for all citizens;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and celebrate the tremendous contribution of the Page Program and of the Legislative Page School to civic education in the State of Washington.

Representative Fortunato moved adoption of the resolution.

Representatives Fortunato, Wolfe and Pflug spoke in favor of the adoption of the resolution.

House Resolution No. 2000-4675 was adopted.

HOUSE RESOLUTION NO. 2000-4769, by Representatives Ericksen, Linville, Wensman, Morris, Ogden, Santos, Barlean and Parlette

WHEREAS, It is the policy of the Washington State Legislature to recognize excellence among our state's young people; and

WHEREAS, Hate crimes and racist activities are an affront to all citizens of the state of Washington and devalue the communities where we live; and

WHEREAS, The middle and high school students of the Ferndale Boys and Girls Club Keystone Club recognize the importance of promoting racial harmony and positive messages of peace and equality; and

WHEREAS, The 23 members of the Keystone Club, a youth leadership group, took the initiative to raise community awareness of hate crimes; and

WHEREAS, The Keystone Club, comprised of young adults ranging in age from 13 to 18, organized a mile-long march on February 17, 2000, from the Ferndale Boys and Girls Club to Ferndale High School, and back, in positive support of victims of hate crimes; and

WHEREAS, The Ferndale Keystone Club brought together over 300 civic leaders, elected officials, law enforcement officers, school teachers, and concerned citizens to march against racist activities; and

WHEREAS, All of these extraordinary accomplishments could not have been achieved without the support and encouragement these students received from their families, friends, and community members who backed them all the way; and

WHEREAS, The inspiring group effort of these students reinforces the fact that our state's young people are actively involved in making this state a better place to live;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor the Ferndale Boys and Girls Club's Keystone Club members; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to the Ferndale Keystone Club, the Ferndale Boys and Girls Club, and the Ferndale City Council.

Representative Ericksen moved adoption of the resolution.

Representatives Erickson and Linville spoke in favor of the adoption of the resolution.

House Resolution No. 2000-4769 was adopted.

HOUSE RESOLUTION NO. 2000-4741, by Representatives Benson, Huff, DeBolt, Campbell, Cox, Bush, Thomas, Fortunato, Ericksen, McDonald, Wensman, Linville, Hatfield, Dunn, Esser, D. Schmidt, Talcott, Parlette, Kagi and Lambert

WHEREAS, The Scout Law which reads "A Scout is trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, and reverent" provides an ethical code that we would all do well to follow; and

WHEREAS, The Scout motto of "be prepared" and the Scout slogan of "Do a Good Turn Daily" provide a positive mission for Scouts of all ages and ranks; and

WHEREAS, The Boy Scouts of America have been an integral tool in the character molding of youth for over ninety years; and

WHEREAS, In Washington state, there are over ninety-five thousand youths involved in the Boy Scouts of America and nationally there are over one million scouts, ranging from Tiger Cubs through Eagle Scouts; and

WHEREAS, Over thirty thousand adults in Washington and over five hundred thousand adults nation-wide volunteer their time to mold the future of a younger generation through Scouting; and

WHEREAS, The Governor of Washington state, Gary Locke, has been honored nationally as a distinguished Eagle Scout; and

WHEREAS, Over forty-three members of the Washington state legislature have participated in either Boy Scouts or Girl Scouts; and

WHEREAS, Scouts of all ages and ranks provide assistance in local and national emergencies and service projects; and

WHEREAS, The Boy Scouts of America was established on February 8, 1910, by founders: William D. Boyce, Ernest Thompson Seton, James E. West, and Daniel Carter Beard; and

WHEREAS, Well over ninety million people have participated in the Boy Scouts since its creation in 1910, including presidents, astronauts, union laborers, and corporate executives; and

WHEREAS, Learning for Life and the Explorer Scout program are preparing a generation of youth for academic challenges awaiting them in life; and

WHEREAS, World-wide Scout principles which include individual respect, citizenship, and service to others, help to provide a global foundation for future service for our state and country;

NOW, THEREFORE, BE IT RESOLVED, That the Washington state House of Representatives applaud the effort and work of the six Washington state councils of the Boy Scouts of America and applaud the positive programs that the Boy Scouts of America provide for our youth; and

BE IT FURTHER RESOLVED, That the Washington state House of Representatives encourage all agencies of state government to recognize the service and benefits that are provided by the Boy Scouts of America and work with Scouting and other youth organizations for the betterment of our communities; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Gary Locke, Governor of the state of Washington; the Governor's cabinet officers; all state-wide elected officials; the National Boy Scouts of America Office, the Western Region Office of the Boy Scouts of America, and to the Boy Scout Councils serving Washington state.

There being no objection, House Resolution No. 2000-4741 was adopted.

HOUSE RESOLUTION NO. 2000-4751, by Representatives O'Brien, Delvin, Cooper, Schoesler, Cairnes, Edwards, Ballasiotes, Lovick, Conway, Thomas, Radcliff, Wensman, Dunn, D. Schmidt, Barlean and Kagi

WHEREAS, John Turner has distinguished himself by serving as an outstanding law enforcement professional for 29 years in the State of Washington; and

WHEREAS, John Turner was instrumental in the creation of the state's sex offender notification/registration laws, providing a sense of safety and security to citizens throughout the State of Washington; and

WHEREAS, John Turner has dedicated himself to recognizing the needs of youth at risk and "walking his talk" through the creation of Mountlake Terrace's Neutral Zone, the nationally-recognized and duplicated, late-night program for at-risk youth, and legislation which protects volunteers who serve others; and

WHEREAS, John Turner was instrumental in creating the concept of community mobilization in the City of Marysville during his tenure as police chief, which was the model for the Community Mobilization Act granting financial incentives for communities to mobilize in the fight against substance abuse; and

WHEREAS, John Turner helped establish the state's High Intensity Drug Trafficking Area, resulting in federal appropriations to seven counties in the state and the creation of the first Northwest High Intensity Drug Trafficking Area; and

WHEREAS, John Turner was responsible for the establishment of law enforcement professionalization, resulting in the passage of legislation in 1999 that increased the basic police academy training from 440 hours to 720 hours; and

WHEREAS, John Turner has actively supported the community policing philosophy by establishing the City of Mountlake Terrace's Project 365, which, as its hallmark, encouraged community problem solving and partnerships with the police and other city departments, resulting in significant reductions in crime; and

WHEREAS, John Turner has retired from law enforcement to face new challenges as the Executive Director of Western Regional Institute for Community Oriented Public Safety;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize the enduring service and steadfast commitment of John Turner to the law enforcement profession and the State of Washington and extend its heartfelt appreciation to John Turner for exceptional service and its best wishes to him in his future professional endeavors; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Mr. John Turner.

There being no objection, House Resolution No. 2000-4751 was adopted.

HOUSE RESOLUTION NO. 2000-4764, by Representatives Miloscia, Lambert, Skinner, Ruderman, Huff, Mitchell, Lantz, Keiser, Sump, Boldt, Dunn, Lovick, Schual-Berke, Clements, McMorris, Thomas, Wensman, Esser, D. Schmidt, Talcott, Parlette and Hankins

WHEREAS, The 2000 Prudential Spirit of Community Award, presented by The Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Paul Gordon, 18, of Redmond and Brett Byrd, 13, of Camas were named Washington's top two youth volunteers for the year 2000 in The Prudential Spirit of Community Awards; and

WHEREAS, Paul Gordon, a senior at Mount Si High School, raised $24,000 individually, for a total of $90,000, to help pay for a young boy's liver transplant, has created the Paul Gordon Children's Fund to assist underprivileged children with medical costs, and has become a national spokesperson for the National Transplant Assistance Fund, for which he speaks to others about the importance of organ donation; and

WHEREAS, Brett Byrd, a seventh-grader at Skyridge Middle School, produced concerts featuring his rock and roll band, along with his brother Cameron, to honor his mother's memory, and raised nearly $70,000 to provide mammograms for women who cannot afford them, and hopes to eventually raise one million dollars to help in the fight against breast cancer; and

WHEREAS, Cameron Byrd, Lindsay O'Neal, Timothy Pilgrim, Jesse Rowe, Wynne Scherf, and Amanda Solano were recognized as Distinguished Finalists for their impressive community service activities; and

WHEREAS, Cameron Byrd, 15, of Camas, a ninth-grader at Skyridge Middle School, raised nearly $70,000 for breast cancer screenings by performing in a rock and roll band with his brother, Brett; and

WHEREAS, Lindsay O'Neal, 17, of Federal Way, a senior at Federal Way High School, helps organize a weekly breakfast at her church, with funds going to support various church and community programs; and

WHEREAS, Timothy Pilgrim, 17, of Kent, a senior at Kentwood High School, developed and directs a math tutoring program at his school that has assisted 50 students with their studies; and

WHEREAS, Jesse Rowe, 16, of Port Orchard, a sophomore at Explorer Academy, helped create an educational brochure about date violence for the Planned Parenthood Dating Violence Workforce; and

WHEREAS, Wynne Scherf, 18, of Metaline Falls, a member of the WSU/Pend Oreille County 4-H and a senior at Selkirk High School, coordinated a blood, food, and clothing drive to benefit the needy in her community; and

WHEREAS, Amanda Solano, 17, of Selah, a senior at Selah High School, planned and implemented a drug and alcohol awareness presentation that included a mock car crash witnessed by the entire student body; and

WHEREAS, The success of the State of Washington, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Paul Gordon, Brett Byrd, Cameron Byrd, Lindsay O'Neal, Timothy Pilgrim, Jesse Rowe, Wynne Scherf, and Amanda Solano, who use their considerable talents and resources to serve others;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives congratulate and honor Paul Gordon, Brett Byrd, Cameron Byrd, Lindsay O'Neal, Timothy Pilgrim, Jesse Rowe, Wynne Scherf, and Amanda Solano as recipients of Prudential Spirit of Community Awards, recognize their outstanding records of volunteer service, peer leadership, and community spirit, and extend best wishes for their continued success and happiness; and

BE IT FURTHER RESOLVED, That the Co-Chief Clerks of the House of Representatives immediately transmit copies of this resolution to Paul Gordon, Brett Byrd, Cameron Byrd, Lindsay O'Neal, Timothy Pilgrim, Jesse Rowe, Wynne Scherf, and Amanda Solano.

There being no objection, House Resolution No. 2000-4764 was adopted.

HOUSE RESOLUTION NO. 2000-4765, by Representatives Veloria, Santos, Tokuda, Cody, Thomas, Barlean, Fortunato, Talcott, Kagi and Wensman

WHEREAS, It is the policy of the Washington State Legislature to recognize contributions of groups who reflect the standards of excellence that enhance the well-being and quality of life of the citizens of the State of Washington; and

WHEREAS, It is also the policy of the Washington State Legislature to honor the contribution of such groups; and

WHEREAS, The Filipino Youth Activities created the Khordobah Drill Team in Seattle in 1959 to demonstrate the talent of Washington's Filipino children through the beautiful splendor of their dance and marching routines; and

WHEREAS, The drill team performed in an outstanding manner and earned their first trophy in the Junior Seafair Parade in 1959; and

WHEREAS, The drill team has received several awards in the State of Washington including the Sweepstakes Trophy for the West Seattle Hiyu Parade in 1961 and Olympia Capitol Lakefair Drill Team Competition in 1962; and

WHEREAS, The drill team has performed throughout the United States and in Canada including tours to California, Alaska, Hawaii, the east coast of the United States, and Vancouver, British Columbia; and

WHEREAS, In 1962 the Khordobah Drill Team performed as part of the Honor Guard for President John F. Kennedy; and

WHEREAS, The drill team started a most beautiful ceremonial show, "Incorporation of the Jhabandah," in 1965, which has been a pleasure for viewers throughout the years; and

WHEREAS, The community has recognized the numerous contributions of the Khordobah Drill Team throughout the years by asking the team to perform at the 1989 Goodwill Games in Seattle and awarding the Asian Counseling and Referral Service Community Service Award in 1993;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington congratulate the Khordobah Drill Team on their 40th anniversary and salute the team for their invaluable service to the community and the state through the last forty years.

There being no objection, House Resolution No. 2000-4765 was adopted.

INTRODUCTIONS AND FIRST READING

HB 3147 by Representatives Veloria and Campbell

AN ACT Relating to the Washington state trade representative; amending RCW 43.332.005 and 43.332.010; and adding a new section to chapter 43.332 RCW.

Held on 1^st Reading from February 21, 2000.

HB 3148 by Representatives Ericksen, Crouse, Linville and Dunn

AN ACT Relating to sales and use tax exemptions for natural gas-fired energy generating facilities; and amending RCW 82.08.02567 and 82.12.02567.

Referred to Committee on Finance.

There being no objection, 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

February 23, 2000

ESB 5152 Prime Sponsor, Kline: Clarifying who are appointed personnel for the purpose of public employees' collective bargaining. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; Wood, Democratic Vice Chair; Hurst and McIntire.

MINORITY recommendation: Do not pass. Signed by Representatives B. Chandler, Republican Vice Chair and McMorris.

Voting yea: Representatives Clements, Conway, Wood, Hurst and McIntire.

Voting nay: Representatives B. Chandler and McMorris.

Excused: Representative Lisk.

Passed to Rules Committee for Second Reading.

February 22, 2000

SSB 5330 Prime Sponsor, Committee on Higher Education: Treating active duty military personnel as residents for purposes of higher education tuition. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28B.15.012 and 1999 c 320 s 5 are each amended to read as follows:

Whenever used in chapter 28B.15 RCW:

(1) The term "institution" shall mean a public university, college, or community college within the state of Washington.

(2) The term "resident student" shall mean:

(a) A financially independent student who has had a domicile in the state of Washington for the period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which the student has registered at any institution and has in fact established a bona fide domicile in this state primarily for purposes other than educational;

(b) A dependent student, if one or both of the student's parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution;

(c) A student classified as a resident based upon domicile by an institution on or before May 31, 1982, who was enrolled at a state institution during any term of the 1982-1983 academic year, so long as such student's enrollment (excepting summer sessions) at an institution in this state is continuous;

(d) Any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools in this state, whose parents or legal guardians have been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school, and who enrolls in a public institution of higher education within six months of leaving high school, for as long as the student remains continuously enrolled for three quarters or two semesters in any calendar year;

(e) A student who is on active military duty stationed in the state or who, within the last year, is discharged or retired from active military duty in the state;

(f) A student who is the spouse or a dependent of a person who is on active military duty stationed in the state;

(((f))) (g) A student of an out-of-state institution of higher education who is attending a Washington state institution of higher education pursuant to a home tuition agreement as described in RCW 28B.15.725; or

(((g))) (h) A student who meets the requirements of RCW 28B.15.0131 or 28B.15.0139: PROVIDED, That a nonresident student enrolled for more than six hours per semester or quarter shall be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes other than educational.

(3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of RCW 28B.15.012 and 28B.15.013. Except for students qualifying under subsection (2)(((f))) (g) of this section, a nonresident student shall include:

(a) A student attending an institution with the aid of financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for one year after the completion of such semester or quarter. This condition shall not apply to students from Columbia, Multnomah, Clatsop, or Washington county, Oregon participating in the border county pilot project under RCW 28B.80.806, 28B.80.807, and 28B.15.0139.

(b) A person who is not a citizen of the United States of America who does not have permanent or temporary resident status or does not hold "Refugee-Parolee" or "Conditional Entrant" status with the United States immigration and naturalization service or is not otherwise permanently residing in the United States under color of law and who does not also meet and comply with all the applicable requirements in RCW 28B.15.012 and 28B.15.013.

(4) The term "domicile" shall denote a person's true, fixed and permanent home and place of habitation. It is the place where the student intends to remain, and to which the student expects to return when the student leaves without intending to establish a new domicile elsewhere. The burden of proof that a student, parent or guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.

(5) The term "dependent" shall mean a person who is not financially independent. Factors to be considered in determining whether a person is financially independent shall be set forth in rules and regulations adopted by the higher education coordinating board and shall include, but not be limited to, the state and federal income tax returns of the person and/or the student's parents or legal guardian filed for the calendar year prior to the year in which application is made and such other evidence as the board may require.

Sec. 2. RCW 28B.15.012 and 1997 c 433 s 2 are each amended to read as follows:

Whenever used in chapter 28B.15 RCW:

(1) The term "institution" shall mean a public university, college, or community college within the state of Washington.

(2) The term "resident student" shall mean:

(e) A student who is on active military duty stationed in the state or who, within the last year, is discharged or retired from active military duty in the state;

(f) A student who is the spouse or a dependent of a person who is on active military duty stationed in the state;

(((g))) (h) A student who meets the requirements of RCW 28B.15.0131: PROVIDED, That a nonresident student enrolled for more than six hours per semester or quarter shall be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes other than educational.

Sec. 3. RCW 28B.15.014 and 1997 c 433 s 3 are each amended to read as follows:

Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may exempt the following nonresidents from paying all or a portion of the nonresident tuition fees differential:

(1) Any person who resides in the state of Washington and who holds a graduate service appointment designated as such by a public institution of higher education or is employed for an academic department in support of the instructional or research programs involving not less than twenty hours per week during the term such person shall hold such appointment.

(2) Any faculty member, classified staff member or administratively exempt employee holding not less than a half time appointment at an institution who resides in the state of Washington, and the dependent children and spouse of such persons.

(3) ((Active-duty military personnel stationed in the state of Washington.

(4))) Any immigrant refugee and the spouse and dependent children of such refugee, if the refugee (a) is on parole status, or (b) has received an immigrant visa, or (c) has applied for United States citizenship.

(((5))) (4) Any dependent of a member of the United States congress representing the state of Washington.

NEW SECTION. Sec. 4. Section 1 of this act expires June 30, 2002.

NEW SECTION. Sec. 5. Section 2 of this act takes effect June 30, 2002."

Correct the title.

Signed by Representatives Carlson, Republican Co-Chair; Kenney, Democratic Co-Chair; Lantz, Democratic Vice Chair; Radcliff, Republican Vice Chair; Dunn; Edmonds; Esser and Gombosky.

Voting yea: Representatives Carlson, Kenney, Lantz, Radcliff, Dunn, Edmonds, Esser and Gombosky.

Referred to Committee on Appropriations.

February 22, 2000

ESSB 5921 Prime Sponsor, Committee on Senate Judiciary: Requiring the disclosure of fire protection and building safety information. Reported by Committee on Economic Development, Housing & Trade

MAJORITY recommendation: Do pass. Signed by Representatives Van Luven, Republican Co-Chair; Dunn, Republican Vice Chair; Eickmeyer, Democratic Vice Chair; Ballasiotes; Gombosky; Miloscia; Skinner; D. Sommers and Wolfe.

MINORITY recommendation: Without recommendation. Signed by Representative Morris.

Voting yea: Representatives Van Luven, Dunn, Eickmeyer, Ballasiotes, Gombosky, Miloscia, Skinner, D. Sommers and Wolfe.

Voting nay: Representative Morris.

Excused: Representatives Veloria and Radcliff.

Passed to Rules Committee for Second Reading.

February 22, 2000

2SSB 6004 Prime Sponsor, Committee on Senate Commerce, Trade, Housing & Finance: Certifying the resident managers of mobile home parks. Reported by Committee on Economic Development, Housing & Trade

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The purpose of this chapter is to establish a certification program for managers of mobile home parks.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Advisory council" means the advisory council on mobile home park manager training and certification created in section 7 of this act.

(2) "Department" means the department of community, trade, and economic development.

(3) "Director" means the director of the department of community, trade, and economic development.

(4) "Mobile home park" has the same meaning as in RCW 59.20.030.

(5) "Mobile home park management" means those actions, functions, or duties related to the management of a mobile home park.

(6) "Mobile home park manager" means a person who performs mobile home park management duties and is required to be certified under this chapter to perform mobile home park management services and includes resident owners of mobile home parks who perform management duties.

NEW SECTION. Sec. 3. (1) A person shall not manage a mobile home park in this state for any mobile home park with more than twenty-five mobile home lots until a certificate of registration certifying him or her as a mobile home park manager has been issued to him or her by the director in accordance with this chapter, except that a person initially employed as a park manager after the effective date of this act may be employed in that capacity for no more than ninety consecutive days following commencement of employment. At the end of that ninety-day period the park manager must have attained certification in accordance with this chapter or immediately cease such employment.

(2) A corporation, partnership, trust, association, sole proprietor, or other like organization may own or operate a mobile home park or engage in the business of mobile home park management without being certified if it employs, retains, or contracts with certified natural persons who are registered mobile home park managers subject to this chapter.

NEW SECTION. Sec. 4. (1) The director shall not issue an initial certificate of registration to any person to act as a mobile home park manager until that person has:

(a) Executed a written application on a form prescribed by the director, subscribed and sworn to by the applicant;

(b) Attended and completed a department-approved training course for mobile home park managers; and

(c) Passed an examination approved by the department which demonstrates that the applicant has a fundamental knowledge of the mobile home landlord-tenant act under chapter 59.20 RCW.

(2) Certificates of registration are effective on the date issued by the department and must be renewed every two years.

(3) A certificate of registration may be renewed annually provided the applicant provides evidence of continuing education as approved by the department. This evidence must be submitted with an application to renew certification. A maximum of eight hours of continuing education biennially may be required by the department for renewal of certification.

(4) As of the effective date of this section, mobile home park managers may present a verification of having successfully completed a training course conducted by a state-wide trade association of mobile home park owners, which will satisfy the initial training requirement for one year and entitle the park manager to certification for that year.

NEW SECTION. Sec. 5. The department shall contract with a state-wide trade association exclusively representing mobile home park owners for the delivery of training courses required by this chapter. Training courses shall be made available within ninety days after the effective date of this act. The trade association may charge a fee for delivery of the training courses. The department, in consultation with the advisory council created under section 7 of this act, shall approve the curriculum of the training program.

NEW SECTION. Sec. 6. (1) The department, in consultation with the advisory council created in section 7 of this act, shall administer, coordinate, and enforce this chapter, develop the examination of applicants, and be responsible for the granting of certificates to qualified persons.

(2) The department is authorized to adopt rules that are necessary to implement, enforce, and interpret this chapter.

NEW SECTION. Sec. 7. (1) There is created an advisory council on mobile home park manager training and certification. The council shall consist of five members as follows: Two members of the council shall be residents of mobile home parks; two members shall be owners of mobile home parks; and one member shall be the director or the director's designee, who shall serve as chair of the council. The resident members of the council shall be selected from nominees submitted by the mobile home owners of America. The park owner members of the council shall be selected from nominees submitted by the manufacturing housing communities of Washington. The director shall appoint the members for terms of two years.

(2) Members of the council shall serve without compensation but are entitled to receive reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(3) The functions of the advisory council are to:

(a) Review, evaluate, and advise the department concerning revisions and adoption of rules affecting certification of mobile home park managers; and

(b) Develop, review, revise, and approve, in consultation with the department, the program for certification of mobile home park managers.

(4) The advisory council shall meet at the call of its chair, at the request of a majority of its membership, at the request of the department, or at such times as are prescribed by rule.

(5) The department shall provide adequate staff support to the advisory council to assist it in fulfilling its duties.

NEW SECTION. Sec. 8. A violation of this chapter is a class 1 civil infraction under chapter 7.80 RCW.

NEW SECTION. Sec. 9. Sections 3 and 4 of this act take effect January 1, 2001.

NEW SECTION. Sec. 10. 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. 11. The sum of thirty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2001, from the general fund to the department of community, trade, and economic development for the purposes of this act.

NEW SECTION. Sec. 12. Sections 1 through 10 of this act constitute a new chapter in Title 18 RCW."

Correct the title.

Signed by Representatives Van Luven, Republican Co-Chair; Dunn, Republican Vice Chair; Eickmeyer, Democratic Vice Chair; Ballasiotes; Gombosky; Miloscia; Skinner; D. Sommers and Wolfe.

Voting yea: Representatives Van Luven, Dunn, Eickmeyer, Ballasiotes, Gombosky, Miloscia, Skinner, D. Sommers and Wolfe.

Excused: Representatives Veloria, Morris and Radcliff.

Referred to Committee on Appropriations.

February 22, 2000

SB 6010 Prime Sponsor, West: Creating operating fees waivers not supported by state general fund appropriations. Reported by Committee on Higher 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 28B.15 RCW to read as follows:

In addition to waivers granted under the authority of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges, subject to state board policy, may waive all or a portion of the operating fees for any student. There shall be no state general fund support for waivers granted under this section.

By January 31st of each odd-numbered year, the institutions of higher education shall prepare a report of the costs and benefits of waivers granted under this act and shall transmit copies of their report to the appropriate policy and fiscal committees of the legislature.

Sec. 2. RCW 28B.15.066 and 1995 1st sp.s. c 9 s 3 are each amended to read as follows:

It is the intent of the legislature that:

In making appropriations from the state's general fund to institutions of higher education, each appropriation shall conform to the following:

(1) The appropriation shall not be reduced by the amount of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified in the omnibus biennial operating appropriations act;

(2) The appropriation shall not be reduced by the amount of operating fees revenue collected from students enrolled above the state-funded level, but within the over-enrollment limitations, specified in the omnibus biennial operating appropriations act; and

(3) The general fund state appropriation shall not be reduced by the amount of operating fees revenue collected as a result of waiving less operating fees revenue than the amounts authorized under RCW 28B.15.910. State general fund appropriations shall not be provided for revenue foregone as a result of or for waivers granted under section 1 of this act.

Sec. 3. RCW 28B.15.910 and 1998 c 346 s 904 are each amended to read as follows:

(1) For the purpose of providing state general fund support to public institutions of higher education, except for revenue waived under programs listed in subsection (3) of this section, and unless otherwise expressly provided in the omnibus state appropriations act, the total amount of operating fees revenue waived, exempted, or reduced by a state university, a regional university, The Evergreen State College, or the community colleges as a whole, shall not exceed the percentage of total gross authorized operating fees revenue set forth below. As used in this section, "gross authorized operating fees revenue" means the estimated gross operating fees revenue as estimated under RCW 82.33.020 or as revised by the office of financial management, before granting any waivers. This limitation applies to all tuition waiver programs established before or after July 1, 1992.

(a) University of Washington 21 percent

(b) Washington State University 20 percent

(d) Central Washington University 8 percent

(e) Western Washington University 10 percent

(f) The Evergreen State College 6 percent

(g) Community colleges as a whole 35 percent

(2) The limitations in subsection (1) of this section apply to waivers, exemptions, or reductions in operating fees contained in the following:

(a) RCW 28B.10.265;

(b) RCW 28B.15.014;

(d) RCW 28B.15.225;

(e) RCW 28B.15.380;

(f) RCW 28B.15.520;

(g) RCW 28B.15.526;

(h) RCW 28B.15.527;

(i) RCW 28B.15.543;

(j) RCW 28B.15.545;

(k) RCW 28B.15.555;

(l) RCW 28B.15.556;

(m) RCW 28B.15.615;

(n) RCW 28B.15.620;

(o) RCW 28B.15.628;

(p) RCW 28B.15.730;

(q) RCW 28B.15.740;

(r) RCW 28B.15.750;

(s) RCW 28B.15.756;

(t) RCW 28B.50.259;

(u) RCW 28B.70.050;

(v) RCW 28B.80.580; and

(w) During the 1997-99 fiscal biennium, the western interstate commission for higher education undergraduate exchange program for students attending Eastern Washington University.

(3) The limitations in subsection (1) of this section do not apply to waivers, exemptions, or reductions in services and activities fees contained in the following:

(a) RCW 28B.15.522;

(b) RCW 28B.15.540; and

Correct the title.

Signed by Representatives Carlson, Republican Co-Chair; Kenney, Democratic Co-Chair; Lantz, Democratic Vice Chair; Radcliff, Republican Vice Chair; Dunn; Edmonds; Esser and Gombosky.

Voting yea: Representatives Carlson, Kenney, Lantz, Radcliff, Dunn, Edmonds, Esser and Gombosky.

Referred to Committee on Appropriations.

February 22, 2000

SSB 6207 Prime Sponsor, Committee on Human Services & Corrections: Authorizing the secretary of the department of social and health services to adopt rules to carry out the purposes of the sexually violent predator law. Reported by Committee on Criminal Justice & Corrections

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 71.09 RCW to read as follows:

The secretary shall adopt rules under the administrative procedure act, chapter 34.05 RCW, for the oversight and operation of the program established pursuant to this chapter. Such rules shall include provisions for an annual inspection of the special commitment center and requirements for treatment plans and the retention of records.

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

Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.

Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.

Passed to Rules Committee for Second Reading.

February 23, 2000

SB 6237 Prime Sponsor, Fairley: Modifying who may deduct processing fees for certain payroll deductions. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hurst; McIntire and McMorris.

Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hurst, McIntire and McMorris.

Excused: Representative Lisk.

Passed to Rules Committee for Second Reading.

February 22, 2000

SSB 6294 Prime Sponsor, Committee on Senate Natural Resources, Parks & Recreation: Creating the aquatic nuisance species committee. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass as amended.

On page 2, line 11, after "(b)" strike everything down to and including "an" on line 12 and insert "Make recommendations to the legislature on statutory provisions for classifying and regulating"

Signed by Representatives Buck, Republican Co-Chair; Regala, Democratic Co-Chair; Anderson, Democratic Vice Chair; Sump, Republican Vice Chair; G. Chandler; Clements; Doumit; Eickmeyer; Ericksen; Rockefeller and Stensen.

Voting yea: Representatives Buck, Regala, Anderson, Sump, G. Chandler, Clements, Doumit, Eickmeyer, Ericksen, Rockefeller and Stensen.

Excused: Representative Pennington.

Passed to Rules Committee for Second Reading.

February 22, 2000

SB 6307 Prime Sponsor, Morton: Changing provisions relating to county roads that cross county boundaries. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic 1st Vice Chair; Edwards, Democratic 2nd Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; Buck; G. Chandler; DeBolt; Fortunato; Haigh; Hatfield; Hurst; Lovick; McDonald; Mielke; Morris; Murray; Ogden; Pflug; Radcliff; Romero; Schindler; Schual-Berke; Scott; Skinner; Wood and Woods.

Voting yea: Representatives Fisher, Mitchell, Cooper, Edwards, Ericksen, Hankins, Buck, G. Chandler, DeBolt, Fortunato, Haigh, Hatfield, Hurst, Lovick, McDonald, Mielke, Murray, Ogden, Pflug, Romero, Schindler, Scott, Wood and Woods.

Excused: Representatives Morris, Radcliff, Schual-Berke and Skinner.

Passed to Rules Committee for Second Reading.

February 22, 2000

SSB 6621 Prime Sponsor, Committee on Human Services & Corrections: Creating a task force to study the interstate compact for adult offender supervision. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass as amended.

On page 2, line 17, after "attorney" insert "jointly"

On page 2, line 18, after "association" insert "and the Washington association of criminal defense lawyers"

Signed by Representatives Ballasiotes, Republican Co-Chair; O'Brien, Democratic Co-Chair; Cairnes, Republican Vice Chair; Lovick, Democratic Vice Chair; B. Chandler; Constantine; Kagi and Koster.

Voting yea: Representatives Ballasiotes, O'Brien, Cairnes, Lovick, B. Chandler, Constantine, Kagi and Koster.

Passed to Rules Committee for Second Reading.

February 23, 2000

SB 6642 Prime Sponsor, Benton: Preventing a registered sex offender from holding a real estate appraiser license or certificate. Reported by Committee on Commerce & Labor

Voting yea: Representatives Clements, Conway, B. Chandler, Wood, Hurst, McIntire and McMorris.

Excused: Representative Lisk.

Passed to Rules Committee for Second Reading.

February 22, 2000

SSB 6663 Prime Sponsor, Committee on Senate Commerce, Trade, Housing & Finance: Preserving federally assisted housing and minimizing the involuntary displacement of tenants residing in such housing. Reported by Committee on Economic Development, Housing & Trade

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 59.28.020 and 1989 c 188 s 2 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Federally assisted housing" means any multifamily housing that is insured, financed, assisted, or held by the secretary of housing and urban development or the secretary of agriculture under:

(a) Section 8 of the United States housing act of 1937, as amended (42 U.S.C. Sec. 1437f);

(b) Section 101 of the housing and urban development act of 1965, as amended (12 U.S.C. Sec. 1701s);

(i) Section 202 (12 U.S.C. Sec. 1701q);

(ii) Section 213 (12 U.S.C. Sec. 1715e);

(iii) Section 221(d) (3) and (4) (12 U.S.C. Sec. 17151(d) (3) and (4));

(iv) Section 223(f) (12 U.S.C. Sec. 1715n(f));

(v) Section 231 (12 U.S.C. Sec. 1715v); or

(vi) Section 236 (12 U.S.C. Sec. 1715z-1); and

(d) The following sections of the housing act of 1949, as amended:

(i) Section 514 (42 U.S.C. Sec. 1484);

(ii) Section 515 (42 U.S.C. Sec. 1485);

(iii) Section 516 (42 U.S.C. Sec. 1486);

(iv) Section 521(a)(1)(B) (42 U.S.C. Sec. 1490a(a)(1)); or

(v) Section 521(a)(2) (42 U.S.C. Sec. 1490a(a)(2)).

(2) "Rental agreement" means any agreement that establishes or modifies the terms, conditions, rules, regulations, or any other provision concerning the use and occupancy of a federally assisted housing unit.

(3) "Owner" means the current or subsequent owner or owners of federally assisted housing.

(4) "Low-income use restrictions" means any federal, state, or local statute, rule, regulation, ordinance, or contract which, as a condition of receipt of any federal, state, or local financial assistance, establishes maximum limitations on tenant income as a condition of eligibility for occupancy of the units within a development, imposes any restrictions on the maximum rents that could be charged for any of the units within a development, or requires that rent for any of the units within a development be reviewed by any governmental body or agency before the rents are implemented.

(5) "Prepayment" means the payment in full or refinancing of the federally insured or federally held mortgage or loan prior to its original maturity date, or the voluntary cancellation of mortgage insurance, if that would have the effect of terminating any low-income use restrictions.

(6) "Public housing agency" means any state or local agency or nonprofit entity that is authorized to administer tenant-based rental assistance under federal, state, or local law.

Sec. 2. RCW 59.28.030 and 1989 c 188 s 3 are each amended to read as follows:

(1) This chapter shall not apply to the expiration or termination of a housing assistance contract between a public housing agency and an owner of existing housing participating in either the section 8 certificate or voucher program (42 U.S.C. Sec. 1437f).

(2) An owner of federally assisted housing shall not be required to give notice of a prepayment under this chapter, if the owner has: (a) Entered into an agreement with a federal, state, or local agency continuing existing, or imposing new, low-income use restrictions for at least twenty years that ensure that the tenants residing in the development at the time of prepayment are not involuntarily displaced except for good cause and that the housing will continue to serve very low and low-income families and persons in need of affordable housing; and (b) served notice of the agreement on the clerk of the city, or county if in an unincorporated area, in which the property is located, on any public housing agency that would be responsible for administering tenant-based rental assistance to persons who would otherwise be displaced from this housing, and on the department of community, trade, and economic development by regular and certified mail and posted a copy of the agreement in a conspicuous place at the development where it is likely to be seen by the tenants. The posted agreement shall be maintained intact and in legible form for the life of the agreement.

(3) An owner of federally assisted housing is not required to give notice that a rental assistance contract is expiring if: (a) The owner has entered into an agreement with the United States department of housing and urban development or other federal, state, or local agency to renew the rental assistance contract for a minimum of five years subject to the availability of adequate appropriations; (b) the agreement itself does not expire in less than twelve months; and (c) the owner has served written notice of the agreement on the clerk of the city, or county if in an unincorporated area, in which the property is located, on any public housing agency that would be responsible for administering tenant-based rental assistance to persons who would otherwise be displaced from this housing, and on the department of community, trade, and economic development, by regular and certified mail and posted these notices in a conspicuous place at the development where they are likely to be seen by the tenants. The posted notices shall be maintained intact and in legible form for the life of the agreement to renew the rental assistance contract.

Sec. 3. RCW 59.28.040 and 1995 c 399 s 160 are each amended to read as follows:

Except as provided in RCW 59.28.030, all owners of federally assisted housing shall, at least twelve months before the expiration of the rental assistance contract or prepayment of a mortgage or loan, serve a written notice of the anticipated expiration or prepayment date on each tenant household residing in the housing, on the clerk of the city, or county if in an unincorporated area, in which the property is located, on any public housing agency that would be responsible for administering tenant-based rental assistance to persons who would otherwise be displaced from this housing, and on the department of community, trade, and economic development, by regular and certified mail. All owners of federally assisted housing shall also serve written notice of the anticipated expiration or prepayment date on each tenant household that moves into the housing after the initial notice has been given, but before the expiration of the rental assistance contract or prepayment of the mortgage or loan. This notice shall be given before a new tenant is asked to execute a rental agreement or required to pay any deposits.

Sec. 4. RCW 59.28.060 and 1995 c 399 s 162 are each amended to read as follows:

(1) The notice to tenants required by RCW 59.28.040 shall state ((the date of expiration or prepayment and the effect, if any, that the expiration or prepayment will have upon the tenants' rent and other terms of their rental agreement.)):

(a) Whether the owner (i) intends to prepay the mortgage or loan or allow the rental assistance contract to expire in order to operate the housing without any low-income use restrictions, (ii) plans on renewing the rental assistance contract subject to the availability of adequate appropriations, or (iii) is seeking additional financial incentives or higher rents as a condition of remaining in the federal program; (b) the reason the owner plans on taking this action; (c) the owner's plans for the project, including any timetables or deadlines for actions to be taken by the owner and any specific federal, state, or local agency approvals that the owner is required to obtain; (d) the anticipated date of the prepayment of the mortgage or loan or expiration of the rental assistance contract; (e) the effect, if any, that prepayment of the mortgage or loan or expiration of the rental assistance contract will have upon the tenants' rent and other terms of their rental agreement; and (f) that additional information will be served on the city or county, on the local public housing agency, and on the department of community, trade, and economic development and will be posted at the development. The owner shall also include with the notice written information, prepared by the department of community, trade, and economic development under section 7(1) of this act, concerning the legal rights, responsibilities, and options of owners and tenants when an owner intends to prepay a mortgage or loan or terminate a rental assistance contract.

(2) The notice to the city or county clerk and to the department of community, trade, and economic development required by RCW 59.28.040 shall state: (((1))) (a) The name, location, and project number of the federally assisted housing and the type of assistance received from the federal government; (((2))) (b) the number and size of units; (((3))) (c) the age, race, family size, and estimated incomes of the tenants who will be affected by the prepayment of the loan or mortgage or expiration of the federal assistance contract; (((4) the)) (d) the current rents and projected rent increases for each affected tenant((; and (5) the anticipated date of prepayment of the loan or mortgage or expiration of the federal assistance contract.)) after the prepayment of the mortgage or loan or expiration of the rental assistance contract without disclosing the identities of the affected tenants; (e) the availability and type, if any, of rental assistance after the prepayment of the mortgage or loan or expiration of the rental assistance contract; and (f) the age, race, family size, and estimated incomes of any applicants on the project's waiting list without disclosing the identities of the applicants. The owner shall attach to this notice a copy of the notice the owner sends to the tenants under this chapter.

(3) All owners of federally assisted housing shall immediately post a copy of any notices they send the city or county clerk, any public housing agency, and the department of community, trade, and economic development, under RCW 59.28.040, in a conspicuous place at the development where they are likely to be seen by current and prospective tenants. The notices shall be maintained intact and in legible form for twelve months from the date they are posted.

All owners of federally assisted housing shall, upon request of any state or local agency, provide the agency with a copy of any rent comparability study, market analysis, or projected budget that they submit to the United States department of housing and urban development or other federal agency in conjunction with the prepayment of their mortgage or loan or in anticipation of the expiration of their rental assistance contract, together with any physical inspection reports or capital needs assessments completed by the owner or federal agency within the last three years.

Sec. 5. RCW 59.28.080 and 1989 c 188 s 8 are each amended to read as follows:

From the date of service of the notice under RCW 59.28.040 until either twelve months have elapsed or expiration or prepayment of the rental assistance contract, mortgage, or loan, whichever is later, no owner of federally assisted housing may increase the rent of a federally assisted housing unit, or the share of the rent paid by the tenant, above the amount authorized by the federal assistance program applicable to the project prior to expiration or prepayment of the rental assistance contract or mortgage or loan.

Sec. 6. RCW 59.28.100 and 1989 c 188 s 10 are each amended to read as follows:

Any party who is entitled to receive notice under this chapter may bring a civil action to enjoin or recover actual damages for any violation of this chapter, together with the costs of the suit including reasonable attorneys' fees. Any tenant who is entitled to receive notice under this chapter shall also recover statutory damages of fifty dollars.

NEW SECTION. Sec. 7. A new section is added to chapter 59.28 RCW to read as follows:

The department of community, trade, and economic development shall within ninety days after the effective date of this act, consult with all interested stakeholders and develop and provide to owners and tenants of federally assisted housing, state and local agencies, and other interested persons all of the following:

(1) Written information concerning the legal rights, responsibilities, and options of owners and tenants when an owner intends to prepay a mortgage or loan or terminate a rental assistance contract. This information shall include the name and telephone number of any qualified legal aid program that provides civil legal services to indigent persons and of any other state, regional, or local organization that can be contacted to request additional information about an owner's responsibilities and the rights and options of an affected tenant;

(2) Written information sufficient to enable an owner of federally assisted housing to comply with the notification requirements of this chapter, including the name and address of any public housing agency that would be responsible for administering tenant-based rental assistance to persons who would otherwise be displaced from federally assisted housing; and

(3) Any other information or technical assistance the department determines will further the purposes of this chapter.

NEW SECTION. Sec. 8. A new section is added to chapter 59.28 RCW to read as follows:

An owner of federally assisted housing who prepays the mortgage or loan or whose rental assistance contract expires and who continues to operate the property as residential housing within the scope of this chapter shall not evict a tenant residing in the dwelling unit when the mortgage or loan is prepaid or the rental assistance contract expires, except as authorized by the federal assistance program applicable to the project prior to prepayment of the mortgage or loan, or expiration of the rental assistance contract.

Sec. 9. RCW 43.185A.010 and 1995 c 399 s 102 are each amended to read as follows:

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

(1) "Affordable housing" means residential housing for rental ((or private individual ownership)) occupancy which, as long as the same is occupied by low-income households, requires payment of monthly housing costs, including utilities other than telephone, of no more than thirty percent of the family's income. The department shall adopt policies for residential homeownership housing, occupied by low-income households, which specify the percentage of family income that may be spent on monthly housing costs, including utilities other than telephone, to qualify as affordable housing.

(2) "Department" means the department of community, trade, and economic development.

(3) "Director" means the director of the department of community, trade, and economic development.

(4) "First-time home buyer" means an individual or his or her spouse who have not owned a home during the three-year period prior to purchase of a home.

(5) "Low-income household" means a single person, family or unrelated persons living together whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for the county where the project is located.

NEW SECTION. Sec. 11. 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 takes effect immediately."

Correct the title.

Signed by Representatives Van Luven, Republican Co-Chair; Eickmeyer, Democratic Vice Chair; Ballasiotes; Gombosky; Miloscia; Skinner; D. Sommers and Wolfe.

MINORITY recommendation: Without recommendation. Signed by Representative Dunn, Republican Vice Chair.

Voting yea: Representatives Van Luven, Eickmeyer, Ballasiotes, Gombosky, Miloscia, Skinner, D. Sommers and Wolfe.

Voting nay: Representative Dunn.

Excused: Representatives Veloria, Morris and Radcliff.

Passed to Rules Committee for Second Reading.

February 22, 2000

SB 6667 Prime Sponsor, Haugen: Exempting certain commercial vehicles from replacing license plates. Reported by Committee on Transportation

Excused: Representatives Morris, Radcliff, Schual-Berke and Skinner.

Passed to Rules Committee for Second Reading.

February 22, 2000

SSB 6720 Prime Sponsor, Committee on Senate Agriculture & Rural Economic Development: Modifying the Washington state beef commission. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass. Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Anderson; B. Chandler; Delvin; Fortunato; Grant; Schoesler; Stensen; Sump and Wood.

MINORITY recommendation: Without recommendation. Signed by Representative Koster, Republican Vice Chair.

Voting yea: Representatives G. Chandler, Linville, Cooper, Anderson, B. Chandler, Delvin, Fortunato, Grant, Schoesler, Stensen, Sump and Wood.

Voting nay: Representative Koster.

Excused: Representative Reardon.

Referred to Committee on Appropriations.

February 22, 2000

SB 6775 Prime Sponsor, Patterson: Simplifying public disclosure report filing and distributions. Reported by Committee on State Government

MAJORITY recommendation: Do pass as amended.

On page 6, beginning on line 13, strike all of section 4 and insert the following:

"Sec. 4. RCW 42.17.3691 and 1999 c 401 s 12 are each amended to read as follows:

(1) Beginning January 1, ((2001)) 2002, each ((continuing)) candidate or political committee((,)) that expended ((ten)) twenty-five thousand dollars or more in the preceding year or expects to expend ((ten)) twenty-five thousand dollars or more ((in expenditures)) in the current year((,)) shall file all contribution reports and expenditure reports required by this chapter ((electronically by diskette or via modem, satellite, or the Internet)) by the electronic alternative provided by the commission under RCW 42.17.369. HOWEVER, the commission may make exceptions on a case-by-case basis for candidates whose authorized committees lack the technological ability to file reports using the electronic alternative provided by the commission.

(2) Beginning January 1, 2004, each candidate or political committee that expended ten thousand dollars or more in the preceding year or expects to expend ten thousand dollars or more in the current year shall file all contribution reports and expenditure reports required by this chapter by the electronic alternative provided by the commission under RCW 42.17.369. HOWEVER, the commission may make exceptions on a case-by-case basis for candidates whose authorized committees lack the technological ability to file reports using the electronic alternative provided by the commission.

(3) Failure by a ((continuing)) candidate or political committee to comply with this section is a violation of this chapter."

Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Campbell, Republican Vice Chair; Miloscia, Democratic Vice Chair; Dunshee; Haigh; Lambert and D. Schmidt.

Voting yea: Representatives McMorris, Romero, Campbell, Miloscia, Dunshee, Haigh, Lambert and Schmidt.

Passed to Rules Committee for Second Reading.

February 22, 2000

2SSB 6811 Prime Sponsor, Committee on Ways & Means: Providing for sick leave and leave sharing for part-time academic employees at community and technical colleges. Reported by Committee on Higher 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 28B.50 RCW to read as follows:

(1) Part-time academic employees of community and technical colleges shall receive sick leave to be used for the same illnesses, injuries, bereavement, and emergencies as full-time academic employees at the college in proportion to the individual's teaching commitment at the college.

(2) The provisions of RCW 41.04.665 shall apply to leave sharing for part-time academic employees who accrue sick leave under subsection (1) of this section.

(3) The provisions of RCW 28B.50.553 shall apply to remuneration for unused sick leave for part-time academic employees who accrue sick leave under subsection (1) of this section.

Sec. 2. RCW 28B.50.489 and 1996 c 120 s 1 are each amended to read as follows:

For the purposes of determining eligibility of state-mandated insurance ((and)), retirement benefits under RCW 28B.10.400, and sick leave for part-time academic employees in community and technical colleges, the following definitions shall be used:

(1) "Full-time academic workload" means the number of in-class teaching hours that a full-time instructor must teach to fulfill his or her employment obligations in a given discipline in a given college. If full-time academic workload is defined in a contract adopted through the collective bargaining process, that definition shall prevail. If the full-time workload bargained in a contract includes more than in-class teaching hours, only that portion that is in-class teaching hours may be considered academic workload.

(2) "In-class teaching hours" means contact classroom and lab hours in which full or part-time academic employees are performing contractually assigned teaching duties. The in-class teaching hours shall not include any duties performed in support of, or in addition to, those contractually assigned in-class teaching hours.

(3) "Academic employee" in a community or technical college means any teacher, counselor, librarian, or department head who is employed by a college district, whether full or part-time, with the exception of the chief administrative officer of, and any administrator in, each college district.

(4) "Part-time academic workload" means any percentage of a full-time academic workload for which the part-time academic employee is not paid on the full-time academic salary schedule.

Sec. 3. RCW 28B.50.551 and 1995 c 119 s 1 are each amended to read as follows:

The board of trustees of each college district shall adopt for each community and technical college under its jurisdiction written policies on granting leaves to employees of the district and those colleges, including but not limited to leaves for attendance at official or private institutions and conferences; professional leaves for personnel consistent with the provisions of RCW 28B.10.650; leaves for illness, injury, bereavement, and emergencies, consistent with section 1 of this act, and except as otherwise in this section provided, all with such compensation as the board of trustees may prescribe, except that the board shall grant to all such persons leave with full compensation for illness, injury, bereavement and emergencies as follows:

(1) For persons under contract to be employed, or otherwise employed, for at least three quarters, not more than twelve days per year, commencing with the first day on which work is to be performed; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;

(2)(a) Such leave entitlement may be accumulated after the first three-quarter period of employment for full-time employees, and may be taken at any time;

(b) For part-time academic employees, such leave entitlement may be accumulated after the first quarter of employment by a college district or the first quarter after the effective date of this section, whichever is later, and may be taken at any time;

(3) Leave for illness, injury, bereavement and emergencies heretofore accumulated pursuant to law, rule, regulation or policy by persons presently employed by college districts and community and technical colleges shall be added to such leave accumulated under this section;

(4) Except as otherwise provided in this section or other law, accumulated leave under this section not taken at the time such person retires or ceases to be employed by college districts or community and technical colleges shall not be compensable;

(5) Accumulated leave for illness, injury, bereavement and emergencies shall be transferred from one college district to another or between a college district and the following: Any state agency, any educational service district, any school district, or any other institution of higher education as defined in RCW 28B.10.016;

(6) Leave accumulated by a person in a college district or community and technical college prior to leaving that district or college may, under the policy of the board of trustees, be granted to such person when he or she returns to the employment of that district or college; and

(7) Employees of the Seattle Vocational Institute are exempt from this section until July 1, 1993.

NEW SECTION. Sec. 4. A new section is added to chapter 28B.52 RCW to read as follows:

With respect to the community and technical colleges part-time academic employees, the permissible scope of collective bargaining under this chapter shall be governed by section 1 of this act and RCW 28B.50.489.

NEW SECTION. Sec. 5. Nothing contained in this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement."

Correct the title.

Signed by Representatives Carlson, Republican Co-Chair; Kenney, Democratic Co-Chair; Lantz, Democratic Vice Chair; Radcliff, Republican Vice Chair; Dunn; Edmonds; Esser and Gombosky.

Voting yea: Representatives Carlson, Kenney, Lantz, Radcliff, Dunn, Edmonds, Esser and Gombosky.

Passed to Rules Committee for Second Reading.

February 22, 2000

SSJM 8017 Prime Sponsor, Committee on Senate Environmental Quality & Water Resources: Requesting federal assistance in ensuring pipeline safety. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass. Signed by Representatives G. Chandler, Republican Co-Chair; Linville, Democratic Co-Chair; Cooper, Democratic Vice Chair; Koster, Republican Vice Chair; Anderson; B. Chandler; Delvin; Fortunato; Grant; Schoesler; Stensen; Sump and Wood.

Voting yea: Representatives G. Chandler, Linville, Cooper, Koster, Anderson, B. Chandler, Delvin, Fortunato, Grant, Schoesler, Stensen, Sump and Wood.

Excused: Representative Reardon.

Passed to Rules Committee for Second Reading.

There being no objection, the bills and memorial 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.

There being no objection, the House adjourned until 10:00 a.m., Friday, February 25, 2000, the 47^th Legislative Day.

TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker

CYNTHIA ZEHNDER, Chief Clerk FRANK CHOPP, Speaker