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SIXTY-SIXTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Wednesday, March 17, 1993
The House was called to order at 9:30 a.m. by the Speaker (Representative Kremen presiding). 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 Elizabeth Loy and Meghan Sutherland. Prayer was offered by Reverend David Stathopulo of Capital Lakes Church of Olympia.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
There being no objection, the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HB 2106 by Representatives R. Meyers, Sheldon and Pruitt
AN ACT Relating to handling of medical waste generated by any source or discarded in a manner creating a potential health and safety hazard; adding a new section to chapter 70.95K RCW; creating a new section; and making an appropriation.
Referred to Committee on Health Care.
ESSB 5050 by Senate Committee on Government Operations (originally sponsored by Senator Haugen)
Revising reimbursement provisions for local government officials.
Referred to Committee on Local Government.
Adjusting certain motorcycle-related fees.
Referred to Committee on Transportation.
SSB 5212 by Senate Committee on Transportation (originally sponsored by Senator Haugen)
Permitting waiver of the ten-mile ferry and toll bridge restriction.
Referred to Committee on Transportation.
SB 5241 by Senators Vognild, Newhouse, Moore and Prince
Making certain powers and duties of the gambling commission permissive.
Referred to Committee on Commerce & Labor.
2SSB 5288 by Senate Committee on Ways & Means (originally sponsored by Senators Fraser, Talmadge and Haugen; by request of Department of Ecology)
Extending the expiration date of the solid waste collection tax.
Referred to Committee on Environmental Affairs.
SSB 5357 by Senate Committee on Education (originally sponsored by Senators Pelz, Sutherland, Jesernig, Snyder, Gaspard, Fraser, Moore and Quigley)
Requiring contractors for school employment service contracts to provide health care and retirement benefits commensurate with those provided for classified employees providing similar services.
Referred to Committee on Education.
ESSB 5372 by Senate Committee on Government Operations (originally sponsored by Senators Loveland and Winsley)
Changing multiple tax provisions.
Referred to Committee on Local Government.
SSB 5390 by Senate Committee on Energy & Utilities (originally sponsored by Senators Sutherland, Hochstatter, Deccio, Haugen and Erwin)
Relating to conservation tariffs allowing transfer of payment obligations to successive property owners.
Referred to Committee on Energy & Utilities.
SSB 5392 by Senate Committee on Health & Human Services (originally sponsored by Senators Talmadge, Deccio, Fraser, L. Smith, McCaslin, Moyer, Oke and Winsley)
Revising provisions relating to abuse of children and incompetent persons.
Referred to Committee on Human Services.
SB 5401 by Senators Quigley, Haugen, A. Smith, Skratek, Fraser, Prince, Deccio, Drew, Bauer, Talmadge, Spanel, Loveland, Sutherland, Rinehart, Gaspard, Snyder, Jesernig, von Reichbauer, Winsley, Niemi, Vognild, Prentice and Sheldon
Regulating political telemarketing.
Referred to Committee on State Government.
SSB 5405 by Senate Committee on Education (originally sponsored by Senators Pelz, Oke, McAuliffe and Winsley)
Raising the minimum dollar amount requiring competitive bidding by school districts.
Referred to Committee on Education.
SB 5474 by Senators A. Smith, Pelz, Niemi, Spanel, Drew, Prince, Roach and Franklin; by request of Human Rights Commission
Revising laws relating to discrimination.
Referred to Committee on Judiciary.
ESSB 5510 by Senate Committee on Ways & Means (originally sponsored by Senator Niemi)
Notifying reentering state employees of their ability to restore previously withdrawn contributions.
Referred to Committee on Appropriations.
SSB 5512 by Senate Committee on Trade, Technology & Economic Development (originally sponsored by Senators M. Rasmussen, Erwin, Bluechel, Skratek, Sheldon and Snyder)
Studying the impact on state businesses of international trade agreements.
Referred to Committee on Trade, Economic Development & Housing.
SSB 5535 by Senate Committee on Transportation (originally sponsored by Senators Vognild, Prince and M. Rasmussen)
Taxing large trucks.
Referred to Committee on Transportation.
SB 5546 by Senators Prentice and Moore; by request of Employment Security Department
Regulating unemployment compensation.
Referred to Committee on Commerce & Labor.
SSB 5557 by Senate Committee on Labor & Commerce (originally sponsored by Senators Prentice, Prince, Vognild, Amondson, Bauer and Franklin)
Regulating alcohol servers.
Referred to Committee on Commerce & Labor.
Changing sex offense provisions for perpetrators who are health care providers or persons with supervisory authority.
Referred to Committee on Judiciary.
ESB 5632 by Senators Vognild, Prince, Skratek, Winsley, Loveland and Nelson
Establishing a license plate design.
Referred to Committee on Transportation.
SSB 5636 by Senate Committee on Education (originally sponsored by Senators Skratek, Pelz, Drew, McAuliffe, A. Smith and M. Rasmussen)
Promoting lifelong learning and community involvement in education.
Referred to Committee on Education.
SSB 5657 by Senate Committee on Labor & Commerce (originally sponsored by Senators Vognild, Amondson, Sutherland, Pelz, Erwin and Winsley)
Providing prompt pay for works of improvement.
Referred to Committee on Commerce & Labor.
SB 5659 by Senators Prentice, Owen, Sellar, Bauer, Franklin, Moyer, Moore, Prince, Snyder, Sutherland, Fraser, Winsley, M. Rasmussen and von Reichbauer; by request of Employment Security Department
Regulating the Washington service corps.
Referred to Committee on Trade, Economic Development & Housing.
SB 5689 by Senators Moore, West, Vognild and McCaslin
Establishing a license to sell liquor in motels.
Referred to Committee on Commerce & Labor.
SB 5703 by Senators Prentice, Prince, Moore, Amondson and Franklin; by request of Employment Security Department
Codifying the labor market information and economic analysis responsibilities of the employment security department.
Referred to Committee on Trade, Economic Development & Housing.
ESSB 5778 by Senate Committee on Labor & Commerce (originally sponsored by Senators Prentice, Hargrove, Jesernig, Prince, Wojahn, Haugen, Franklin, Spanel, Fraser, Barr, Amondson, McAuliffe, Moore, Moyer, Hochstatter and Pelz)
Creating a joint underwriting association for midwives.
Referred to Committee on Financial Institutions & Insurance.
SB 5787 by Senators Gaspard, von Reichbauer and Franklin; by request of Professional Athletic Commission
Regulating professional athletics.
Referred to Committee on Trade, Economic Development & Housing.
SB 5791 by Senators A. Smith and Rinehart; by request of Attorney General
Changing child support provisions.
Referred to Committee on Judiciary.
SSB 5821 by Senate Committee on Government Operations (originally sponsored by Senator Loveland; by request of Department of Community Development)
Modifying public works board loan restrictions.
Referred to Committee on Capital Budget.
SB 5828 by Senators Bauer, Prince, Sheldon and Wojahn
Changing provisions relating to vocational education.
Referred to Committee on Higher Education.
ESSB 5868 by Senate Committee on Trade, Technology & Economic Development (originally sponsored by Senators Skratek, Bluechel, Sheldon, Erwin, Deccio, M. Rasmussen, Snyder, Gaspard and Winsley)
Creating the department of economic and community development.
Referred to Committee on State Government.
SB 5906 by Senators Moore, Newhouse, Wojahn, Amondson and Hochstatter
Modifying electrical inspection standards.
Referred to Committee on Commerce & Labor.
On motion of Representative Sheldon, the bills listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.
The Speaker (Representative Kremen presiding) declared the House to be at ease.
The Speaker (Representative R. Meyers presiding) called the House to order.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
MOTION
Representative Peery moved that the House considered the following bills in the following order: House Bill No. 1975, House Bill No. 2004, House Bill No. 1175 and House Bill No. 1322. The motion was carried.
HOUSE BILL NO. 1975, by Representatives Dunshee and Locke; by request of Department of Social and Health Services
Modifying provisions relating to nursing home reimbursement overpayments.
The bill was read the second time.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Dunshee and Silver spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1975.
ROLL CALL
The Clerk called the roll on final passage of House Bill No. 1975 and the bill passed the House by the following vote:Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
House Bill No. 1975, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2004, by Representatives Morris, Long and Springer
Changing provisions relating to criminal sentencing and correctional industries.
The bill was read the second time. Committee on Corrections recommendation: Majority, do pass substitute. Committee on Capital Budget recommendation: Majority, do pass substitute by Committee on Corrections as amended by Committee on Capital Budget. (For committee amendments see Journal, 57th Day, March 8, 1993.)
On motion of Representative Morris, Substitute House Bill No. 2004 was substituted for House Bill No. 2004 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2004 was read the second time.
Representative Wang moved adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
Representative Morris moved adoption of the following amendment by Representative Morris:
On page 4, line 12, after "72.09.102" strike all material down to and including "properties" on line 14.
On page 4, line 21, after "removal" insert "up to a maximum of ten offender word teams"
On page 4, line 27, after "budget." insert "Asbestos removal and underground storage tank cleanup projects conducted by class II offender work teams shall not be conducted on private property."
Representative Morris spoke in favor of adoption of the amendment and it was adopted.
With the consent of the House, Representative Conway withdrew amendment number 253.
Representative Morris moved adoption of the following amendment by Representatives Morris and Long:
On page 5, line 8, after "formula" strike all language down to and including "account." on line 33 and insert "for the distribution of offender wages and gratuities. The formula shall include a minimum deduction of twenty percent of gross wages for class I offender employees and all other offender employees who make at least minimum wage, to cover the cost of incarceration; tem percent to be deposited in the offenders account until it reaches a total of one thousand five hundred dollars' and ten percent to be deducted and transmitted to the state crime victims compensation account.
Ten percent of class II offenders wages or gratuity and five percent of class III and class IV offenders wages or gratutity shall be deducted and transmitted to the crime victims compensation each offender's wage or gratutity payments to satisfy court-ordered legal and financial obligations, and other offender debts.
All funds gained from deductions for the cost of incarceration shall be deposited in a dedicated fund with the department and shall be used on ly for the purpose of enhancing and maintaining the correctional industries program until December 31, 2010. Thereafter, all funds shall be deposited in the general fund. The department shall develop the necessary administrative structure to recover offenders' wages and gratuities and keep records of the amount offenders pay for the cost of incarceration. The amount deducted for the cost of incarceration should not unduly discourage the incentive to work."
Representative Morris spoke in favor of adoption of the amendment and it was adopted.
Representative Silver moved adoption of the following amendment by Representatives Silver, Stevens, Edmondson, Dyer, Cooke and Sehlin:
On page 6, after line 2, insert the following:
"NEW SECTION. Sec. 8. A new section is added to chapter 72.09 RCW to read as follows:
In any competitive bid under this chapter, where a private contractor is negatively impacted by the loss of a contract to a division of correctional industries work program, the department of corrections and department of general administration shall review the contract award and shall reconsider the bid for re-award.
Factors that shall be considered in determining whether a private contractor is negatively impacted as a result of the loss of the contract include: loss of shortterm and longterm revenues, temporary and permanent reductions in workforce, and loss of tax revenues.
Reconsideration of the bid shall be based on an equalization adjustment for all expenses not realized by the department of corrections, including, but not limited to prevailing wages, health benefits, business and occupation taxes and employee related taxes paid by the private contractor."
Representative Silver spoke in favor of adoption of the amendment and Representative Morris spoke against it. The amendment was not adopted.
The bill was ordered engrossed.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
Representatives L. Johnson, Long, Wang, Foreman, Brumsickle and Morris spoke in favor of passage of the bill.
Representatives Edmondson, Silver, Heavey and Ballasiotes spoke against it.
Representative Zellinsky demanded the previous question. The demand was sustained.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2004.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 2004 and the bill passed the House by the following vote: Yeas - 74, Nays - 24, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chappell, Cothern, Dellwo, Dorn, Dunshee, Dyer, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Hansen, Holm, Horn, Jacobsen, Johnson, L., Johnson, R., Karahalios, Kessler, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Myers, H., Ogden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Romero, Rust, Schmidt, Schoesler, Sehlin, Sheldon, Shin, Sommers, Springer, Talcott, Tate, Thibaudeau, Thomas, Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood and Mr. Speaker - 74.
Voting nay: Representatives Anderson, Chandler, Cole, G., Conway, Cooke, Edmondson, Fuhrman, Heavey, Johanson, Jones, King, Lisk, Mielke, Morton, Orr, Padden, Riley, Roland, Scott, Sheahan, Silver, Stevens, Vance and Zellinsky - 24.
Engrossed Substitute House Bill No. 2004, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1175, by Representatives Jacobsen, Dellwo, Dorn, J. Kohl, Brumsickle, Linville, Dunshee, Pruitt, Johanson, Wood, Leonard and Basich
Regarding the study of American Indian languages and cultures in the common schools.
The bill was read the second time.
Representative Jacobsen moved adoption of the following amendment by Representative Jacobsen:
On page 6, after line 14, strike all material through "state." on line 18.
Representative Jacobsen spoke in favor of adoption of the amendment and it was adopted.
The bill was ordered engrossed.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1175.
ROLL CALL
The Clerk called the roll on final passage of Engrossed House Bill No. 1175 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed House Bill No. 1175, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1322, by Representatives Sheldon, Morton, R. Johnson and Pruitt
Modifying prosecutions for trespass or waste of public lands.
The bill was read the second time. On motion of Representative Pruitt, Substitute House Bill No. 1322 was substituted for House Bill No. 1322 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1322 was read the second time.
Representative Morton moved adoption of the following amendment by Representative Morton and others:
On page 1, line 9, after "damages" insert "if the same conduct on private land would result in treble damages"
Representatives Morton and Ballard spoke in favor of adoption of the amendment and Representative Pruitt spoke against it.
Representative Vance demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the amendment on page 1, line 9 by Representative Morton to House Bill No. 1322, and the amendment was adopted by the following vote: Yeas - 52, Nays - 46, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Basich, Bray, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Eide, Foreman, Forner, Fuhrman, Hansen, Horn, Karahalios, Kessler, Kremen, Lemmon, Leonard, Lisk, Long, Ludwig, Mastin, Mielke, Miller, Morris, Morton, Padden, Patterson, Quall, Rayburn, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 52.
Voting nay: Representatives Anderson, Appelwick, Brown, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, King, Kohl, J., Linville, Locke, Meyers, R., Myers, H., Ogden, Orr, Peery, Pruitt, Riley, Roland, Romero, Rust, Scott, Sheldon, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 46.
The bill was ordered engrossed.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
With the consent of the House, further action on Engrossed Substitute House Bill No. 1322 was deferred and the bill held its place on the second reading calendar.
HOUSE BILL NO. 1606, by Representatives Hansen, Cothern, Brumsickle, King and Rayburn; by request of Superintendent of Public Instruction
Moving the teachers recruiting future teachers program from the office of the superintendent of public instruction to the professional development centers in educational service districts.
The bill was read the second time.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hansen and Dorn spoke in favor of passage of the bill and Representatives Brough and Carlson spoke against it.
On motion of Representative Wood, Representative Sehlin was excused.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1606.
ROLL CALL
The Clerk called the roll on final passage of House Bill No. 1606 and the bill passed the House by the following vote: Yeas - 91, Nays - 6, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brown, Brumsickle, Campbell, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 91.
Voting nay: Representatives Ballard, Brough, Carlson, Forner, Long and Vance - 6.
Excused: Representative Sehlin - 1.
House Bill No. 1606, having received the constitutional majority, was declared passed.
My vote was recorded as "NAY" on House Bill No. 1606. I would like to be recorded as a "YEA" vote.
CLYDE BALLARD, 12th District
HOUSE BILL NO. 1672, by Representatives Wineberry, J. Kohl, Wood, Anderson, Sheldon, Veloria, Scott, Jones, Ludwig, Brough and Foreman
Creating the eye care for the homeless program in Washington.
The bill was read the second time. On motion of Representative Leonard, Substitute House Bill No. 1672 was substituted for House Bill No. 1672 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1672 was read the second time.
Representative Appelwick moved adoption of the following amendment by Representatives Appelwick and Wineberry:
On page 2, line 13 after "Washington" strike everything through "persons." on line 15 and insert "and who is not reimbursed for such services or eyeglasses as allowed for in section 6, is not liable for civil damages for injury to a homeless person resulting from any act or omission in providing such services or eyeglasses, other than an act or omission constituting gross negligence or intentional conduct."
Representatives Appelwick and Cooke spoke in favor of adoption of the amendment and the amendment was adopted.
The bill was ordered engrossed.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Wineberry and Cooke spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1672.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1672 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Sehlin - 1.
Engrossed Substitute House Bill No. 1672, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1884, by Representatives Holm, G. Fisher, Edmondson, Kremen and Rayburn
Exempting nonprofit organizations providing credit services from the business and occupation tax.
The bill was read the second time.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Holm and Foreman spoke in favor of passage of the bill and Representative Wang spoke against it.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 1884.
ROLL CALL
The Clerk called the roll on final passage of House Bill No. 1884 and the bill passed the House by the following vote: Yeas - 93, Nays - 4, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Schmidt, Schoesler, Scott, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Vance, Van Luven, Veloria, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.
Voting nay: Representatives Fisher, R., Rust, Valle and Wang - 4.
Excused: Representative Sehlin - 1.
House Bill No. 1884, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 1893, by Representatives Zellinsky, Forner, R. Fisher and Kremen
Regulating motor vehicle dealers' buyer's agents relationships.
The bill was read the second time. On motion of Representative R. Fisher, Substitute House Bill No. 1893 was substituted for House Bill No. 1893 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1893 was read the second time.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Zellinsky and Schmidt spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1893.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1893 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Sehlin - 1.
Substitute House Bill No. 1893, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2071, by Representatives L. Johnson, Dellwo, Quall, Campbell and Karahalios
Regulating access to tobacco.
The bill was read the second time. Committee on Health Care recommendation: Majority, do pass substitute. Committee on Revenue recommendation: Majority, do pass substitute by Committee on Health Care as amended by Committee on Revenue. (For committee amendments see Journal, Day 57, March 8, 1993)
On motion of Representative G. Fisher, Substitute House Bill No. 2071 was substituted for House Bill No. 2071 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2071 was read the second time.
Representative G. Fisher moved adoption of the committee amendments and spoke in favor of them. The committee amendments were adopted.
Representative L. Johnson moved adoption of the following amendment by Representatives L. Johnson and Ballard:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that while present state law prohibits the sale and distribution of tobacco to minors, youth obtain tobacco products with ease. Availability and lack of enforcement put tobacco products in the hands of youth.
Federal law requires states to enforce laws prohibiting sale and distribution of tobacco products to minors in a manner that can reasonably be expected to reduce the extent to which the products are available to minors. It is imperative to effectively reduce the sale, distribution, and availability of tobacco products to minors.
NEW SECTION. Sec. 2. The definitions set forth in RCW 82.24.010 shall apply to sections 3 through 14 of this act. In addition, for the purposes of this chapter, unless otherwise required by the context:
(1) "Board" means the Washington state liquor control board.
(2) "Minor" refers to an individual who is less than eighteen years old.
(3) "Public place" means a public street, sidewalk, or park, or any area open to the public in a publicly owned and operated building.
(4) "Sample" means a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotion purposes.
(5) "Sampler" means a person engaged in the business of sampling other than a retailer.
(6) "Sampling" means the distribution of samples to members of the general public in a public place.
(7) "Tobacco product" means a product that contains tobacco and is intended for human consumption.
NEW SECTION. Sec. 3. A person who holds a license issued under RCW 82.24.520 or 82.24.530 shall:
(1) Display the license or a copy in a prominent location at the outlet for which the license is issued; and
(2) Display a sign concerning the prohibition of tobacco sales to minors.
Such sign shall:
(a) Be posted so that it is clearly visible to anyone purchasing tobacco products from the licensee;
(b) Be designed and produced by the department of health to read: "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER AGE 18 IS STRICTLY PROHIBITED BY STATE LAW. IF YOU ARE UNDER 18, YOU COULD BE PENALIZED FOR PURCHASING A TOBACCO PRODUCT; PHOTO ID REQUIRED"; and
(c) Be provided free of charge by the liquor control board.
NEW SECTION. Sec. 4. No person shall sell or permit to be sold any tobacco product through any device that mechanically dispenses tobacco products unless the device is located fully within premises from which minors are prohibited or in industrial worksites where minors are not employed and not less than ten feet from all entrance or exit ways to and from each premises.
NEW SECTION. Sec. 5. No person shall sell or permit to be sold cigarettes not in the original unopened package or container to which the stamps required by RCW 82.24.060 have been affixed.
This section does not apply to the sale of loose leaf tobacco by a retail business that generates a minimum of sixty percent of annual gross sales from the sale of tobacco products.
NEW SECTION. Sec. 6. (1) No person may engage in the business of sampling within the state unless licensed to do so by the board. If a firm contracts with a manufacturer to distribute samples of the manufacturer's products, that firm is deemed to be the person engaged in the business of sampling.
(2) The board shall issue a license to a sampler not otherwise disqualified by section 11 of this act upon application and payment of the fee.
(3) A sampler's license expires on the thirtieth day of June of each year and must be renewed annually upon payment of the appropriate fee.
(4) The board shall annually determine the fee for a sampler's license and each renewal. However, the fee for a manufacturer whose employees distribute samples within the state is five hundred dollars per annum, and the fee for all other samplers must be not less than fifty dollars per annum.
(5) A sampler's license entitles the licensee, and employees or agents of the licensee, to distribute samples at any lawful location in the state during the term of the license. A person engaged in sampling under the license shall carry the license or a copy at all times.
NEW SECTION. Sec. 7. (1) No person may distribute or offer to distribute samples in a public place. This prohibition does not apply to sampling (a) in an area to which persons under the age of eighteen are denied admission, (b) in or at a store or concession to which a retailer's license has been issued, or (c) at or adjacent to a production, repair, or outdoor construction site or facility.
(2) Notwithstanding subsection (1) of this section, no person may distribute or offer to distribute samples in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when that facility is being used primarily by persons under the age of eighteen for recreational, educational, or other purposes.
NEW SECTION. Sec. 8. No person shall give or distribute cigarettes or other tobacco products to a person by a coupon if such coupon is redeemed in any manner that does not require an in-person transaction in a retail store.
NEW SECTION. Sec. 9. A person under the age of eighteen who purchases or attempts to purchase cigarettes or tobacco products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to a fine as set out in chapter 7.80 RCW or participation in a smoking cessation program, or both. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department activity.
NEW SECTION. Sec. 10. (1) Where there may be a question of a person's right to purchase or obtain tobacco products by reason of age, the retailer, sampler, or agent thereof, shall require the purchaser to present any one of the following officially issued identification that shows the purchaser's age and bears his or her signature and photograph: Liquor control authority card of identification of a state or province of Canada; driver's license, instruction permit, or identification card of a state or province of Canada; "identicard" issued by the Washington state department of licensing under chapter 46.20 RCW; United States military identification; passport; or merchant marine identification card issued by the United States coast guard.
(2) It is a defense to a prosecution under RCW 26.28.080(4) that the person making a sale reasonably relied on any of the officially issued identification as defined in subsection (1) of this section. The liquor control board shall waive the suspension or revocation of a license if the licensee clearly establishes that he or she acted in good faith to prevent violations and a violation occurred despite the licensee's exercise of due diligence.
NEW SECTION. Sec. 11. (1) The liquor control board may suspend or revoke a retailer's license held by a business at any location, or may impose a monetary penalty as set forth in subsection (2) of this section, if the liquor control board finds that the licensee has violated RCW 26.28.080(4), or section 3, 4, 5, 6, 7, or 8 of this act.
(2) The sanctions that the liquor control board may impose against a person licensed under RCW 82.24.530 and sections 6 and 7 of this act based upon one or more findings under subsection (1) of this section may not exceed the following:
(a) For violation of RCW 26.28.080(4) or section 3 of this act:
(i) A monetary penalty of one hundred dollars for the first violation within any two-year period;
(ii) A monetary penalty of three hundred dollars for the second violation within any two-year period;
(iii) A monetary penalty of one thousand dollars and suspension of the license for a period of six months for the third violation within any two-year period;
(iv) A monetary penalty of one thousand five hundred dollars and suspension of the license for a period of twelve months for the fourth violation within any two-year period;
(v) Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any two-year period;
(b) For violations of section 4 of this act, a monetary penalty in the amount of one hundred dollars for each day upon which such violation occurred;
(c) For violations of section 5 of this act occurring on the licensed premises:
(i) A monetary penalty of one hundred dollars for the first violation within any two-year period;
(ii) A monetary penalty of three hundred dollars for the second violation within any two-year period;
(iii) A monetary penalty of one thousand dollars and suspension of the license for a period of six months for the third violation within any two-year period;
(iv) A monetary penalty of one thousand five hundred dollars and suspension of the license for a period of twelve months for the fourth violation within any two-year period;
(v) Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any two-year period;
(d) For violations of sections 6 and 7 of this act, a monetary penalty in the amount of three hundred dollars for each violation;
(e) For violations of section 8 of this act, a monetary penalty in the amount of one thousand dollars for each violation.
(3) The liquor control board may impose a monetary penalty upon any person other than a licensed cigarette retailer or licensed sampler if the liquor control board finds that the person has violated RCW 26.28.080(4), or section 3, 4, 5, 6, 7, or 8 of this act.
(4) The monetary penalty that the liquor control board may impose based upon one or more findings under subsection (3) of this section may not exceed the following:
(a) For violation of RCW 26.28.080(4) or section 3 of this act, fifty dollars for the first violation and one hundred dollars for each subsequent violation;
(b) For violations of section 4 of this act, one hundred dollars for each day upon which such violation occurred;
(c) For violations of section 5 of this act, one hundred dollars for each violation;
(d) For violations of sections 6 and 7 of this act, three hundred dollars for each violation;
(e) For violations of section 8 of this act, one thousand dollars for each violation.
(5) The liquor control board may develop and offer a class for retail clerks and use this class in lieu of a monetary penalty for the clerk's first violation.
(6) The liquor control board may issue a cease and desist order to any person who is found by the liquor control board to have violated or intending to violate the provisions of this chapter, RCW 26.28.080(4) or 82.24.500, requiring such person to cease specified conduct that is in violation. The issuance of a cease and desist order shall not preclude the imposition of other sanctions authorized by this statute or any other provision of law.
(7) The liquor control board may seek injunctive relief to enforce the provisions of RCW 26.28.080(4) or 82.24.500 or this chapter. The liquor control board may initiate legal action to collect civil penalties imposed under this chapter if the same have not been paid within thirty days after imposition of such penalties. In any action filed by the liquor control board under this chapter, the court may, in addition to any other relief, award the liquor control board reasonable attorneys' fees and costs.
(8) All proceedings under subsections (1) through (6) of this section shall be conducted in accordance with chapter 34.05 RCW.
NEW SECTION. Sec. 12. (1) The liquor control board shall, in addition to the board's other powers and authorities, have the authority to enforce the provisions of this chapter and RCW 26.28.080(4) and 82.24.500. The liquor control board shall have full power to revoke or suspend the license of any retailer or wholesaler in accordance with the provisions of section 11 of this act.
(2) The liquor control board and the board's authorized agents or employees shall have full power and authority to enter any place of business where tobacco products are sold for the purpose of enforcing the provisions of this chapter.
(3) For the purpose of enforcing the provisions of this chapter and RCW 26.28.080(4) and 82.24.500, a peace officer or enforcement officer of the liquor control board who has reasonable grounds to believe a person observed by the officer purchasing, attempting to purchase, or in possession of tobacco products is under the age of eighteen years of age, may detain such person for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth. Further, tobacco products possessed by persons under the age of eighteen years of age are considered contraband and may be seized by a peace officer or enforcement officer of the liquor control board.
(4) The liquor control board may work with local county health departments or districts and local law enforcement agencies to conduct random, unannounced, inspections to assure compliance.
NEW SECTION. Sec. 13. (1) The youth tobacco prevention account is created in the state treasury. All fees collected pursuant to RCW 82.24.520 and 82.24.530 and funds collected by the liquor control board from the imposition of monetary penalties shall be deposited into this account, except that thirteen percent of all such fees and penalties shall be deposited in the state general fund.
(2) Moneys appropriated from the youth tobacco prevention account to the department of health shall be used by the department of health for implementation of this chapter, including collection and reporting of data regarding enforcement and the extent to which access to tobacco products by youth has been reduced.
(3) The department of health shall enter into interagency agreements with the liquor control board to pay the costs incurred, up to thirty percent of available funds, in carrying out its enforcement responsibilities under this chapter. Such agreements shall set forth standards of enforcement, consistent with the funding available, so as to reduce the extent to which tobacco products are available to individuals under the age of eighteen. The agreements shall also set forth requirements for data reporting by the liquor control board regarding its enforcement activities.
(4) The department of health and the department of revenue shall enter into an interagency agreement for payment of the cost of administering the tobacco retailer licensing system and for the provision of quarterly documentation of tobacco wholesaler, retailer, and vending machine names and locations.
(5) The department of health shall, within up to seventy percent of available funds, provide grants to local health departments or other local community agencies to develop and implement coordinated tobacco intervention strategies to prevent and reduce tobacco use by youth.
NEW SECTION. Sec. 14. This chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of tobacco product promotions and sales within retail stores, except that political subdivisions that have adopted ordinances prohibiting sampling by January 1, 1993, may continue to enforce these ordinances. No political subdivision may: (1) Impose fees or license requirements on retail businesses for possessing or selling cigarettes or tobacco products, other than general business taxes or license fees not primarily levied on tobacco products; or (2) regulate or prohibit activities covered by sections 3 through 9 of this act. This chapter does not otherwise preempt political subdivisions from adopting ordinances regulating the sale, purchase, use, or promotion of tobacco products not inconsistent with chapter ..., Laws of 1993 (this act).
Sec. 15. RCW 82.24.530 and 1986 c 321 s 7 are each amended to read as follows:
A fee of ((ten)) ninety-three dollars shall accompany each retailer's license application or license renewal application. A separate license is required for each separate location at which the retailer operates. A fee of ((one)) thirty additional dollars for each vending machine shall accompany each application or renewal for a license issued to a retail dealer operating a cigarette vending machine.
NEW SECTION. Sec. 16. The department of health shall report to the house of representatives and senate committees with jurisdiction for health issues no later than February 1, 1995, on the effectiveness of enforcement and education activities as specified in this act. This study shall include information concerning the adequacy of revenue to support enforcement and education activities.
Sec. 17. RCW 82.24.550 and 1986 c 321 s 9 are each amended to read as follows:
(1) The department of revenue shall enforce the provisions of this chapter except RCW 82.24.500, which will be enforced by the liquor control board. The department of revenue may adopt, amend, and repeal rules necessary to enforce and administer the provisions of this chapter. The department of revenue has full power and authority to revoke or suspend the license or permit of any wholesale or retail cigarette dealer in the state upon sufficient cause appearing of the violation of this chapter or upon the failure of such licensee to comply with any of the provisions of this chapter.
(2) A license shall not be suspended or revoked except upon notice to the licensee and after a hearing as prescribed by the department of revenue. The department of revenue, upon a finding by same, that the licensee has failed to comply with any provision of this chapter or any rule promulgated thereunder, shall, in the case of the first offender, suspend the license or licenses of the licensee for a period of not less than thirty consecutive business days, and, in the case of a second or plural offender, shall suspend the license or licenses for a period of not less than ninety consecutive business days nor more than twelve months, and, in the event the department of revenue finds the offender has been guilty of willful and persistent violations, it may revoke the license or licenses.
(3) Any person whose license or licenses have been so revoked may apply to the department of revenue at the expiration of one year for a reinstatement of the license or licenses. The license or licenses may be reinstated by the department of revenue if it appears to the satisfaction of the department of revenue that the licensee will comply with the provisions of this chapter and the rules promulgated thereunder.
(4) A person whose license has been suspended or revoked shall not sell cigarettes or permit cigarettes to be sold during the period of such suspension or revocation on the premises occupied by the person or upon other premises controlled by the person or others or in any other manner or form whatever.
(5) Any determination and order by the department of revenue, and any order of suspension or revocation by the department of revenue of the license or licenses, or refusal to reinstate a license or licenses after revocation shall be reviewable by an appeal to the superior court of Thurston county. The superior court shall review the order or ruling of the department of revenue and may hear the matter de novo, having due regard to the provisions of this chapter and the duties imposed upon the department of revenue.
Sec. 18. RCW 82.24.560 and 1986 c 321 s 10 are each amended to read as follows:
Except as specified in section 13 of this act, all fees and penalties received or collected by the department of revenue pursuant to this chapter shall be paid to the state treasurer, to be credited to the general fund.
NEW SECTION. Sec. 19. Sections 2 through 14 of this act shall constitute a new chapter in Title 70 RCW.
NEW SECTION. Sec. 20. 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."
Representatives L. Johnson and Dyer spoke in favor of adoption of the amendment and it was adopted.
The bill was ordered engrossed.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives L. Johnson, Dyer, Flemming, Conway, Valle and Campbell spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2071.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 2071 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Excused: Representative Sehlin - 1.
Engrossed Substitute House Bill No. 2071, having received the constitutional majority, was declared passed.
The Speaker (Representative R. Meyers presiding) called on Representative Appelwick to preside.
HOUSE BILL NO. 1824, by Representatives Wolfe, Wineberry, Forner, Peery, Reams, Valle, Pruitt, Flemming, Leonard, Talcott, Anderson, J. Kohl, Thibaudeau, Jones, King, Quall, H. Myers, Cooke and Finkbeiner
Authorizing conversion of surplus public property to use for affordable housing.
The bill was read the second time.
With the consent of the House, Representative Locke withdrew amendment No. 254.
Representative Wineberry moved adoption of the following amendment by Representatives Wineberry, Locke and Wolfe:
On page 8, line 32, insert the following:
"NEW SECTION. Sec. 13. If specific funding for the purposes of section 9 of this act, referencing section 9 of this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act, section 9 of this act is null and void."
Representatives Wineberry and Forner spoke in favor of adoption of the amendment and it was adopted.
The bill was ordered engrossed.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Wolfe, Forner, Talcott and Wineberry spoke in favor of passage of the bill.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1824.
ROLL CALL
The Clerk called the roll on final passage of Engrossed House Bill No. 1824 and the bill passed the House by the following vote: Yeas - 95, Nays - 2, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Voting nay: Representatives Bray and Hansen - 2.
Excused: Representative Sehlin - 1.
Engrossed House Bill No. 1824, having received the constitutional majority, was declared passed.
MOTION
Representative Sheldon moved that the House consider House Bill No. 1536 on today's second reading calendar. The motion was carried.
HOUSE BILL NO. 1536, by Representatives Wineberry, Casada, Leonard, Ogden, Morris, Quall, Valle, Brough, Vance, Pruitt, Forner and Flemming
Maintaining mobile home parks.
The bill was read the second time.
Representative Wineberry moved adoption of the following amendment by Representatives Wineberry and Forner:
On page 1, line 19, after "tenants" insert "unless the tenants clearly request the transfer"
On page 2, line 4, after "document" insert "entered into after the effective date of this act"
On page 2, line 6, after "void" insert "unless the document acknowledges that the tenant or tenant organization requested the transfer of responsibility as provided in subsection (4)"
Representatives Wineberry and Forner spoke in favor of adoption of the amendment and it was adopted.
The bill was ordered engrossed.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Wineberry, Casada and Shin spoke in favor of passage of the bill.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1536.
ROLL CALL
The Clerk called the roll on final passage of Engrossed House Bill No. 1536 and the bill passed the House by the following vote: Yeas - 88, Nays - 9, Absent - 0, Excused - 1.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Campbell, Carlson, Casada, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Grant, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Long, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 88.
Voting nay: Representatives Brumsickle, Chandler, Edmondson, Fuhrman, Hansen, Horn, Lisk, Ludwig and Thomas - 9.
Excused: Representative Sehlin - 1.
Engrossed House Bill No. 1536, having received the constitutional majority, was declared passed.
MOTION
Representative Sheldon moved that the House immediately consider House Bill No. 1441 on the second reading calendar. The motion was carried.
HOUSE BILL NO. 1441, by Representatives R. Johnson, Rust, Quall, Linville, Dunshee, Basich, Finkbeiner, Karahalios, J. Kohl, R. Meyers, Roland, Romero and Johanson
Providing for flood damage reduction.
The bill was read the second time. Committee on Environmental Affairs recommendation: Majority, do pass substitute. Committee on Appropriations recommendation: Majority, do pass substitute by Committee on Environmental Affairs as amended by Committee on Appropriations. (For committee amendment see Journal, 57th Day, March 8, 1993.)
On motion of Representative Rust, Substitute House Bill No. 1441 was substituted for House Bill No. 1441 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1441 was read the second time.
Representative Valle moved adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
Representative Valle moved that the committee amendment on page 6, line 1 not be adopted. The committee amendment was not adopted.
Representative Valle moved adoption of the committee amendment on page 12 line 3. Representative Valle spoke in favor of adoption of the committee amendment. The committee amendment was adopted.
Representative Valle moved the committee amendment on page 17, after line 8 not be adopted. The committee amendment was not adopted.
With the consent of the House, Representative Hansen withdrew amendment number 180.
Representative R. Johnson moved adoption of the following amendment by Representatives R. Johnson and Rust:
On page 2, line 20, after "through" strike "alternative" and insert "non-structural"
On page 2, after line 24, insert "(b) describe structural methods for residential, commercial, and industrial buildings to meet the objectives of subsection (1) of this section, including but not limited to post and pier construction, flow-through foundations, and similar construction practices;"
Representatives R. Johnson and Horn spoke in favor of adoption of the amendment and it was adopted.
Representative R. Johnson moved adoption of the following amendment by Representatives R. Johnson and Rust:
On page 2, line 34, after "Exempt" insert "non-residential"
Representatives R. Johnson and Horn spoke in favor of adoption of the amendment and it was adopted.
Representative Rust moved adoption of the following amendment by Representatives Rust, L. Johnson and Horn:
On page 6, line 1, after "(4)" strike all material through "county" on page 6, line 13, and insert "A flood-prone county shall submit to the department of ecology a flood hazard management plan consistent with the model ordinance developed pursuant to section 101 of this act by the later of July 1, 1997, or two years after the county has been designated as a flood-prone county. A flood-prone county, and all applicants within that county, are eligible for state matching funds for the public assistance and mitigation programs under P. L 93-288 Secs. 404, 406, and 407, only if the county has adopted a plan meeting the requirements of this subsection"
On page 7, line 9, after "county" strike all material through "act" on page 8, line 2, and insert "has adopted an ordinance pursuant to section 104 of this act, the county legislative authority of each flood-prone county shall submit an ordinance no less stringent than the model ordinance developed pursuant to section 101 of this act, by the later of July 1, 1995, or within two years of becoming a flood-prone county. A flood-prone county and all applicants within the county are eligible for state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407, only if the county has adopted an ordinance no less stringent than the model ordinance developed pursuant to section 101 of this act.
(4) Except as provided in subsection (5) of this section, a city or town within a flood-prone county, and all the applicants within that city or town, are eligible for state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407, only if the city or town has adopted an ordinance no less stringent than the model ordinance developed pursuant to section 101 of this act within one year
of the adoption of the county flood hazard management plan.
(5) If prior to July 1, 1994, a county has adopted a plan consistent with the model ordinance developed pursuant to section 101 of this act, a city or town may satisfy the requirements of subsection (4) of this section prior to July 1, 1995 by:
(a) Entering into an interlocal agreement with the county to ensure that development regulations for structures with a footprint of ten thousand square feet or more are consistent with an approved county flood hazard management plan; or
(b) Adopting an ordinance consistent with a county flood hazard management plan. An ordinance shall be deemed consistent if approved by the department."
Representatives Rust and Horn spoke in favor of adoption of the amendment and it was adopted.
With consent of the House, Representative Stevens withdrew amendments number: 286, 285, 284, and 283. The motion was carried.
Representative R. Johnson moved adoption of the following amendment by Representatives R. Johnson and Rust:
On page 11, after line 17, insert "(6) No participation with a flood-prone county may occur after July 1, 1995 unless the county has adopted an ordinance no less stringent than the model ordinance developed pursuant to section 101 of this act.
(7) No participation with a city, town, or other municipal corporation within a flood-prone county may occur after July 1, 1998, unless the city, town, or municipal corporation has adopted an ordinance no less stringent than the model ordinance developed pursuant to section 101 of this act."
Representatives R. Johnson and Horn spoke in favor of adoption of the amendment and it was adopted.
Representative Rust moved adoption of the following amendment by Representatives Rust, R. Johnson, Roland and Foreman:
On page 17, line 8, after "buyer" strike "in writing prior to closing"
On page 17, line 10 after "restrictions." insert "The seller shall inform the buyer in the first written document constituting an agreement of sale"
Representatives Rust and Horn spoke in favor of adoption of the amendment and it was adopted.
With the consent of the House, Representative Appelwick withdrew amendment #166.
Representative Kremen moved adoption of the following amendment by Representatives Kremen and Linville:
On page 21, after line 26, insert the following:
"NEW SECTION. Sec. 502. A new section is added to chapter 75.20 RCW to read as follows:
The permitting department may impose the following conditions on persons applying under RCW 75.20.100 or 75.20.103:
(1) The permittee shall establish an excavation line. "Excavation line" means a line on the dry bed, parallel to the water's edge that unless otherwise stated, changes with water level fluctuations.
(2) The permittee may not remove bed material from the water side of the excavation line.
(3) The permittee shall begin excavating at the excavation line and proceed toward the bank, perpendicular to the alignment of the watercourse.
(4) The permittee shall keep the maximum distance of excavation toward the bank from the excavation line approximately equal throughout the excavation zone. "Excavation zone" means the area between the excavation line and the bank.
(5) The permittee shall identify the excavation zone with boundary markers.
(6) The permittee shall maintain a minimum one-half percent gradient upward from the excavation line in the excavation zone.
(7) The permittee shall ensure that the excavation zone is free of pits or potholes.
(8) The permittee shall not stockpile or spoil excavated materials within the ordinary high water line except from June 15 to October 15.
(9) The permittee may not allow any equipment within the wetted perimeter of the watercourse without specific permission.
(10) The permittee shall dispose of debris in the excavation zone so it does not reenter the watercourse.
(11) The permittee may not perform gravel washing or crushing operations below the ordinary high water line.
(12) The permittee shall be allowed to remove only that amount of rock, sand, gravel, or silt which is naturally replenished on an annual basis, except in instances where a lapse in material removal has occurred. If such lapse has occurred, then an amount of material equivalent to the amount estimated to have accumulated since the last material removal operation, including debris and vegetation, may be removed.
NEW SECTION. Sec. 503. A new section is added to chapter 79.90 RCW to read as follows:
(1) Use or modification, or both, of any river system must involve basic hydraulic principles, as well as harmonize as much as possible with existing aquatic ecosystems, and human needs.
(2) The department, commissioner, and board shall:
(a) Give priority consideration to the preservation of the streamway environment with special attention given to preservation of those areas considered aesthetically or environmentally unique;
(b) Encourage bank and island stabilization programs which rely mainly on natural vegetative systems as holding elements;
(c) Encourage research to develop alternative methods of channel control, utilizing natural systems of stabilization;
(d) Recognize natural plant and animal communities and other features that provide an ecological balance to a streamway in evaluating competing human uses and require protection from significant human impact; and
(e) Recognize that hydraulic conditions may require the installation of riprap or other similar measure to further protect natural systems of stabilization.
(3) No person may remove normal stream depositions of logs, uprooted tree snags, and stumps which abut on shorelands and do not intrude on the navigational channel or reduce flow, or adversely redirect a river course, and are not harmful to life and property without the department's permission but the department must consider the need to protect the resultant dependent aquatic systems.
(4) No person may fill indentations such as mudholes, eddies, pools, and aeration drops without permission of the department.
(5) The department may permit river channel relocations only when an overriding public benefit can be shown. Filling, grading, lagooning, or dredging which would result in substantial detriment to navigable waters by reason of erosion, sedimentation, or impairment of fish and aquatic life are not authorized.
(6) No person may remove sand and gravel below the wetted perimeter of navigable rivers unless authorized by a hydraulics permit issued by either the department of fisheries or department of wildlife under RCW 75.20.100 and 75.20.103. These removals may be authorized for maintenance and improvement of navigational channels or for creating backwater channels for fish rearing or improvement of the flow capacity of the channels.
(7) The department may allow sand and gravel removals above the wetted perimeter of a navigable river which are not harmful to public health and safety when any or all of the following situations exist:
(a) The removal is designed to create or improve a feature such as a pond, wetland, or other habitat valuable for fish and wildlife;
(b) The removal provides recreational benefits;
(c) The removal will aid in reducing a detrimental accumulation of aggregates in downstream lakes, reservoirs, and river beds;
(d) The removal will aid in reducing damage to private or public land and property abutting a navigable river; or
(e) The removal will contribute to increased flood protection for private or public land.
(8) The department may not allow sand and gravel removals above the wetted perimeter of a navigable river when:
(a) The location of such material is below a dam and has inadequate supplementary feeding of gravel or sand;
(b) Removal will cause unstable hydraulic conditions detrimental to fish, wildlife, public health, and safety; or
(c) Removal will impact esthetics of nearby recreational facilities.
(9) No person may perform bank dumping or junk revetment on aquatic lands.
(10) The department shall condition sand and gravel removal leases to allow removal of only that amount which is naturally replenished on an annual basis, except in instances where a lapse in material removal has occurred. If such a lapse has occurred, then an amount of material equivalent to the amount estimated to have accumulated since the last material removal operation, including debris and vegetation, may be removed.
Sec. 504. RCW 79.90.150 and 1991 c 337 s 1 are each amended to read as follows:
When gravel, rock, sand, silt or other material from any aquatic lands is removed by any public agency or under public contract for channel or harbor improvement, or flood control, use of such material may be authorized by the department of natural resources for a public purpose on land owned or leased by the state or any municipality, county, or public corporation: PROVIDED, That when no public land site is available for deposit of such material, its deposit on private land with the landowner's permission is authorized and may be designated by the department of natural resources to be for a public purpose. Prior to removal and use, the state agency, municipality, county, or public corporation contemplating or arranging such use shall first obtain written permission from the department of natural resources. No payment of royalty shall be required for such gravel, rock, sand, silt, or other material used for such public purpose, but a charge will be made if such material is subsequently sold or used for some other purpose: PROVIDED, That the department may authorize such public agency or private landowner to dispose of such material without charge when necessary to implement disposal of material; PROVIDED FURTHER, That no charge may be required for removal or use of such material if the removal of the material is determined by the municipality, county, or public corporation with jurisdiction to provide a flood control benefit. No charge shall be required for any use of the material obtained under the provisions of this chapter when used solely on an authorized site. No charge shall be required for any use of the material obtained under the provisions of this chapter if the material is used for public purposes by local governments. Public purposes include, but are not limited to, construction and maintenance of roads, dikes, and ((levies)) levees. Nothing in this section shall repeal or modify the provisions of RCW 75.20.100 or eliminate the necessity of obtaining a permit for such removal from other state or federal agencies as otherwise required by law.
With the consent of the House, further consideration of Substitute House Bill No. 1441 was deferred.
The Speaker (Representative R. Meyers presiding) assumed the chair.
MOTION
Representative Peery moved that the House now consider House Bill No. 1152 and House Bill No. 1136. The motion was carried.
HOUSE BILL NO. 1152, by Representatives Thibaudeau, Heavey, King, Vance, Veloria, G. Cole, Riley and J. Kohl
Denominating the Washington state bar association a public employer for collective bargaining purposes.
The bill was read the second time.
Representative Appelwick moved adoption of the following amendment by Representative Appelwick:
On page 1, after line 3 insert the following:
"NEW SECTION. Sec. 1. The legislature is committed to providing collective bargaining for all employees. However, the legislature is also mindful of the separations of powers and responsibilities among the branches of government. Therefore, the legislature strongly encourages the state supreme court to adopt collective bargaining for the employees of the Washington state bar association."
On page 1, line 11 after "Washington" insert "State Supreme Court may provide by rule that the Washington"
Representatives Appelwick and G. Cole spoke in favor of adoption of the amendment and it was adopted.
With the consent of the House, Representative Thibaudeau withdrew amendment number 234.
The bill was ordered engrossed.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Thibaudeau, Appelwick and Conway spoke in favor of passage of the bill and Representative Padden spoke against it.
On motion of Representative Talcott, Representative Schmidt was excused.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1152.
ROLL CALL
The Clerk called the roll on final passage of Engrossed House Bill No. 1152 and the bill passed the House by the following vote: Yeas - 73, Nays - 23, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Carlson, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Eide, Fisher, G., Fisher, R., Flemming, Forner, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Scott, Sheldon, Shin, Silver, Sommers, Springer, Thibaudeau, Valle, Vance, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 73.
Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Casada, Chandler, Edmondson, Finkbeiner, Foreman, Fuhrman, Horn, Lisk, Mielke, Miller, Morton, Padden, Schoesler, Sheahan, Stevens, Talcott, Tate, Thomas and Van Luven - 23.
Excused: Representatives Schmidt and Sehlin - 2.
Engrossed House Bill No. 1152, having received the constitutional majority, was declared passed.
My intention on Engrossed House Bill No. 1152 was to vote "yes". I was recorded as "no". The amendment added changed the negative to a positive.
LOUISE MILLER, 45th District
HOUSE BILL NO. 1136, by Representatives Reams, Wineberry, Leonard, Brough, Sommers, Forner, Ludwig, Wolfe, Springer, Chandler, Shin, Silver, Mielke, Ballard, Karahalios, Foreman, Miller, Brumsickle, Vance, Thibaudeau, Horn, Wood, Quall, Kremen, Morton, Talcott, Tate, Cooke and Ogden
Encouraging home matching.
The bill was read the second time. On motion of Representative Valle, Substitute House Bill No. 1136 was substituted for House Bill No. 1136 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1136 was read the second time.
Representative Reams moved adoption of the following amendment by Representatives Reams, Sommers and Wineberry:
On page 2, line 9, strike "shall" and insert "may"
On page 2, line 15, strike "shall" and insert "may"
On page 3, beginning on line 1, strike all of section 3
On page 3, beginning on line 13, strike all of section 5
Representatives Reams and Wineberry spoke in favor of adoption of the amendment and the amendment was adopted.
The bill was ordered engrossed.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
The Speaker assumed the chair.
Representatives Reams, Ogden and Wineberry spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1136.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1136 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Scott, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Schmidt and Sehlin - 2.
Engrossed Substitute House Bill No. 1136, having received the constitutional majority, was declared passed.
With the consent of the House, the House resumed consideration of Substitute House Bill No. 1441.
Representative Kremen spoke in favor of adoption of the amendment on page 21, after line 26 (for amendment see today's journal) and Representative Rust spoke against it.
A division was called. The Speaker called on the House to divide. The result of the division was: YEAS-41; NAYS-57. The amendment was not adopted.
The bill was ordered engrossed.
With the consent of the House, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives R. Johnson, Horn, Rust and Dunshee spoke in favor of passage of the bill and Representatives Hansen, Stevens and Brumsickle spoke against it.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1441.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1441 and the bill passed the House by the following vote: Yeas - 60, Nays - 36, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Bray, Brough, Brown, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, King, Kohl, J., Kremen, Leonard, Linville, Locke, Ludwig, Meyers, R., Miller, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Roland, Romero, Rust, Scott, Shin, Silver, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 60.
Voting nay: Representatives Ballard, Basich, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Dyer, Edmondson, Foreman, Forner, Fuhrman, Grant, Hansen, Kessler, Lemmon, Lisk, Long, Mastin, Mielke, Morton, Padden, Rayburn, Reams, Riley, Schoesler, Sheahan, Sheldon, Springer, Stevens, Talcott, Tate, Thomas, Vance and Van Luven - 36.
Excused: Representatives Schmidt and Sehlin - 2.
Engrossed Substitute House Bill No. 1441, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the eighth order of business.
MOTION
Representative Peery moved that the Rules Committee be relieved of House Bill No. 1045 and that House Bill No. 1045 take its place on the second reading calendar. The motion was carried.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1135, by Representatives Kremen, Ballard, Linville, Foreman, Rayburn, Padden, R. Johnson, Grant, Schoesler, Lisk, Fuhrman, Morris, Morton, Brough, Sheahan, Finkbeiner, Quall, Miller and Anderson
Modifying the regulation of "alternative livestock."
The bill was read the second time. Committee on Agriculture & Rural Development recommendation: Majority, do pass substitute. Committee on Fisheries & Wildlife recommendation: Majority, do pass substitute by Committee on Agricultural & Rural Development as amended by Committee on Fisheries & Wildlife. (For committee amendment see Journal, 52nd Day, March 3,1993)
On motion of Representative King, Substitute House Bill No. 1135 was substituted for House Bill No. 1135 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1135 was read the second time.
Representative King moved adoption of the committee amendment and spoke in favor of it. The committee amendment was adopted.
Representative King moved adoption of the following amendment to the committee amendment by Representatives King, Kremen and Rayburn:
On page 3, line 4, strike subsection (1).
On page 6, line 29, after "act." strike the remainder of the section.
On page 6, after line 32, insert:
"NEW SECTION. Sec. 15. The sole authority of the department of wildlife to regulate alternative livestock and alternative livestock products is that granted under sections 5, 10, and 11 of this act."
Representative King spoke in favor of adoption of the amendment to the committee amendment and it was adopted.
Representative King spoke in favor of the committee amendment as amended and it was adopted.
The bill was ordered engrossed.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kremen, Fuhrman, King and Foreman spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1135.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1135 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schoesler, Scott, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.
Excused: Representatives Schmidt and Sehlin - 2.
Engrossed Substitute House Bill No. 1135, having received the constitutional majority, was declared passed.
The Speaker called on Representative R. Meyers to preside.
HOUSE BILL NO. 1372, by Representatives Pruitt, R. Fisher, Mielke, Sheldon, Dorn, Long, Veloria, Roland, Romero, Shin, R. Meyers, Finkbeiner, Jones, Dunshee, Jacobsen, Riley, Holm, Mastin, Kessler, Linville, Springer, Wolfe, Franklin, Kremen, Johanson, Karahalios, Flemming, Tate, L. Johnson, J. Kohl, Dellwo, G. Cole and Anderson; by request of State Auditor
Creating the government accountability task force.
The bill was read the second time. Committee on State Government recommendation: Majority, do pass as amended Committee on Appropriations recommendation: Majority, do pass substitute as amended by Committee on State Government. (For committee amendment see Journal, 57th Day, March 8,1993)
On motion of Representative Anderson, Substitute House Bill No. 1372 was substituted for House Bill No. 1372 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1372 was read the second time.
Representative Valle moved adoption of the committee amendments and spoke in favor of them. The committee amendments were adopted.
Representative Pruitt moved adoption of the following amendment to the committee amendment:
On page 1, after line 4 of the amendment, insert the following:
"PART I - STATE GOVERNMENT PERFORMANCE PLAN
NEW SECTION. Sec. 1. By July 1, 1994, each state agency shall define its mission or missions and establish measurable goals for achieving desirable results or outcomes for its customers. Agency customers shall include, but not be limited to, service recipients, regulated entities, and the public at large. This section shall not be construed to require an agency to develop a new mission or goals in place of existing identifiable missions or goals which meet the intent of this provision. Each state agency should involve affected stakeholders in planning its missions and goals. By January 1, 1995, each state agency shall submit its missions and goals to the legislature for review and approval.
Sec. 2. RCW 43.88.090 and 1989 c 273 s 26 are each amended to read as follows:
(1) For purposes of developing budget proposals to the legislature, the governor shall have the power, and it shall be the governor's duty, to require from proper agency officials such detailed estimates and other information in such form and at such times as the governor shall direct. The estimates for the legislature and the judiciary shall be transmitted to the governor and shall be included in the budget without revision. The estimates for state pension contributions shall be based on the rates provided in chapter 41.45 RCW. Copies of all such estimates shall be transmitted to the standing committees on ways and means of the house and senate at the same time as they are filed with the governor and the office of financial management.
(2) ((Estimates from each agency shall include goals and objectives for each program administered by the agency. The goals and objectives shall, whenever possible, be stated in terms of objective measurable results.)) For the purpose of assessing program performance, each state agency shall establish program objectives for each major program in its budget. The objectives shall be consistent with the missions and goals developed under section 1 of this act. These objectives shall be established for the biennium and for a six-year planning cycle. Each agency shall express the objectives in an outcome based, objective, quantifiable, and measurable form unless permitted by the office of financial management to adopt a different standard.
The estimates shall include statements or tables which indicate, by agency, the state funds which are required for the receipt of federal matching revenues. The estimates shall be revised as necessary to reflect legislative enactments and adopted appropriations and shall be included with the initial biennial allotment submitted under RCW 43.88.110.
(3) In the year of the gubernatorial election, the governor shall invite the governor-elect or the governor-elect's designee to attend all hearings provided in RCW 43.88.100; and the governor shall furnish the governor-elect or the governor-elect's designee with such information as will enable the governor-elect or the governor-elect's designee to gain an understanding of the state's budget requirements. The governor-elect or the governor-elect's designee may ask such questions during the hearings and require such information as the governor-elect or the governor-elect's designee deems necessary and may make recommendations in connection with any item of the budget which, with the governor-elect's reasons therefor, shall be presented to the legislature in writing with the budget document. Copies of all such estimates and other required information shall also be submitted to the standing committees on ways and means of the house and senate.
PART II - GOVERNMENT ACCOUNTABILITY TASK FORCE
NEW SECTION. Sec. 3. There is created a government accountability task force to advise the legislature on establishing a comprehensive, integrated program accountability system for state government. The composition of the task force shall be as follows:
(1) Four members to be appointed by the governor, with at least one representative each from private sector business and industry, state employee labor unions, and public interest organizations;
(2) One representative from each of the four legislative caucuses, to be appointed by the president of the senate and the speaker of the house of representatives;
(3) The state auditor;
(4) The chair of the legislative budget committee;
(5) The director of the office of financial management;
(6) The superintendent of public instruction; and
(7) The chair of the higher education coordinating board.
The chair of the task force shall be selected by its members. Staffing for the task force shall be provided by the legislative budget committee.
This section shall expire December 31, 1995.
NEW SECTION. Sec. 4. The government accountability task force shall develop recommendations to improve the accountability of state government including recommendations that address compliance with the law in the use of resources, efficiency in the use of resources, effectiveness in meeting program goals and targets, and appropriateness of program activity in fulfilling the identified public need. The task force shall address the following issues:
(1) The development of a plan for performance audits of state agencies in the executive branch of state government. This plan shall include identification of the proper roles for state agencies, the state auditor, the legislative budget committee, and the commission for efficiency and accountability in government in conducting these performance audits. The plan shall designate the scope and type of audits to be performed.
(2) The development of a plan for a state-wide performance-based evaluations system that addresses:
(a) The development of standard program evaluation definitions and suggested guidelines for conducting program evaluations;
(b) The provision of technical assistance and training programs to agencies in conducting evaluations and using the results of evaluations to improve programs;
(c) The establishment of automated data systems for streamlining the program evaluation process and for tracking results;
(d) The establishment of a clearinghouse for program evaluation results and information from other states and the federal government; and
(e) How to develop indicators of performance for the measurable goals established under section 1 of this act.
(3) Recommendations regarding a plan for a state reporting process on program accountability that addresses to what extent agencies are meeting the goals established in section 1 of this act.
The task force shall present this system to the legislature by December 31, 1995.
PART III - STATE AUDITOR
Sec. 5. RCW 43.09.050 and 1992 c 118 s 6 are each amended to read as follows:
The auditor shall:
(1) Except as otherwise specifically provided by law, audit the accounts of all collectors of the revenue and other holders of public money required by law to pay the same into the treasury;
(2) In his or her discretion, inspect the books of any person charged with the receipt, safekeeping, and disbursement of public moneys;
(3) Investigate improper governmental activity under chapter 42.40 RCW;
(4) Inform the attorney general in writing of the necessity for the attorney general to direct prosecutions in the name of the state for all official delinquencies in relation to the assessment, collection, and payment of the revenue, against all persons who, by any means, become possessed of public money or property, and fail to pay over or deliver the same, and against all debtors of the state;
(5) Give information in writing to the legislature, whenever required, upon any subject relating to the financial affairs of the state, or touching any duties of his or her office;
(6) Report to the director of financial management in writing the names of all persons who have received any moneys belonging to the state, and have not accounted therefor;
(7) Authenticate with his or her official seal papers issued from his or her office;
(8) Make his or her official report annually on or before the 31st of December;
(9) Conduct performance audits of state agency programs recommended by the government accountability task force if these recommendations are adopted by the legislature."
On page 7, after line 31 of the amendment, insert the following:
"PART IV - MISCELLANEOUS
NEW SECTION. Sec. 8. This act may be known and cited as the performance-based government act of 1993.
NEW SECTION. Sec. 9. Sections 3 and 4 of this act shall constitute a new chapter in Title 43 RCW.
NEW SECTION. Sec. 10. CAPTIONS. Captions and part headings as used in this act constitute no part of the law.
NEW SECTION. Sec. 11. NULL AND VOID. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act, this act shall be null and void."
Representative Pruitt spoke in favor of adoption of the amendment to the committee amendment and Representative Wang spoke against it.
Representative Vance demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 1 after line 4 to the committee amendment to Substitute House Bill No. 1372, and the amendment was adopted by the following vote: Yeas - 65, Nays - 33, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Bray, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dyer, Edmondson, Finkbeiner, Fisher, G., Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Johanson, Johnson, L., Johnson, R., Jones, Kohl, J., Kremen, Lisk, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Padden, Patterson, Pruitt, Rayburn, Reams, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Springer, Stevens, Talcott, Tate, Thomas, Valle, Vance, Van Luven, Wood and Zellinsky - 65.
Voting nay: Representatives Anderson, Appelwick, Basich, Brown, Dorn, Dunshee, Eide, Fisher, R., Flemming, Heavey, Jacobsen, Karahalios, Kessler, King, Lemmon, Leonard, Linville, Locke, Myers, H., Ogden, Orr, Peery, Quall, Riley, Roland, Silver, Sommers, Thibaudeau, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 33.
The bill was ordered engrossed.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Pruitt spoke in favor of passage of the bill and Representative Silver spoke against it.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1372.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1372 and the bill passed the House by the following vote: Yeas - 89, Nays - 9, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Ballard, Ballasiotes, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 89.
Voting nay: Representatives Anderson, Basich, Jacobsen, Ogden, Riley, Rust, Silver, Sommers and Wang - 9.
Engrossed Substitute House Bill No. 1372, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House consider the following bills in the following order: House Bill No. 1724 and House Bill No. 1585. The motion was carried.
HOUSE BILL NO. 1724, by Representatives Kremen, Morris, Quall, Chandler, Rayburn, Springer, Edmondson, Mastin, Kessler, Finkbeiner, Grant, Dorn, Basich, Zellinsky, Ludwig, Campbell, Lemmon, Brough, Tate, Casada, Wood, Foreman, Holm, Roland, Fuhrman, Stevens, Sheahan, Schoesler, Long and Lisk
Requiring the superintendent of public instruction to develop and make available instructional material on sexual abstinence.
The bill was read the second time. On motion of Representative Dorn, Substitute House Bill No. 1724 was substituted for House Bill No. 1724 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1724 was read the second time.
Representative Kremen moved adoption of the following amendment by Representatives Kremen, Sheldon and Zellinsky:
On page 1, line 16, strike "many"
On page 1, line 16, strike "emphasize and encourage teenage sexual abstinence" and insert "give substantial emphasis and encouragement to sexual abstinence as the most effective means, method, and strategy for preventing pregnancy"
Representatives Kremen and Sheahan spoke in favor of adoption of the amendment.
Representative Fuhrman demanded an electronic roll call and the demand was sustained.
With the consent of the House, further consideration of Substitute House Bill No. 1724 was deferred and the bill held its place on the second reading calendar.
HOUSE BILL NO. 1585, by Representatives Ogden, Long, Wolfe, Morris, Conway, Wineberry, Forner, Leonard, Valle, Pruitt and J. Kohl
Creating the Washington housing policy act.
The bill was read the second time. On motion of Representative Dorn, Substitute House Bill No. 1585 was substituted for House Bill No. 1585 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1585 was read the second time.
With the consent of the House, Representative Wineberry withdrew amendment number 278.
Representative Wineberry moved adoption of the following amendment by Representatives Wineberry, Forner, H. Myers and Ogden:
On page 6, after line 20, insert the following:
"NEW SECTION. Sec. 7. (1) The department shall, in consultation with the affordable housing advisory board created in section 5 of this act, report to the legislature on the development and placement of accessory apartments. The department shall produce a written report by December 15, 1993, which:
(a) Identifies local governments that allow the siting of accessory apartments in areas zoned for single-family residential use; and
(b) Makes recommendations to the legislature designed to encourage the development and placement of accessory apartments in areas zoned for single-family residential use.
(2) The recommendations made under subsection (1) of this section shall not take effect before ninety days following adjournment of the 1994 regular legislative session.
(3) Unless provided otherwise by the legislature, by December 31, 1994, local governments shall incorporate in their development regulations, zoning regulations, or official controls the recommendations contained in subsection (1) of this section. The accessory apartment provisions shall be part of the local government's development regulation, zoning regulation, or official control. To allow local flexibility, the recommendations shall be subject to such regulations, conditions, procedures and limitations as determined by the local legislative authority.
(4) As used in this section, "local government" means:
(a) A city or code city with a population that exceeds twenty thousand;
(b) A county that is required to or has elected to plan under the state growth management act; and
(c) A county with a population that exceeds one hundred twenty-five thousand.
NEW SECTION. Sec. 8. Section 7 of this act is added to chapters 35.63 RCW, 35A.63 RCW, 36.70A RCW, and 36.70 RCW and shall be codified in each of these chapters."
Representatives Wineberry and Forner spoke in favor of adoption of the amendment and the amendment was adopted.
The bill was ordered engrossed.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Ogden, Brough, Forner and Wineberry spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1585.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1585 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Substitute House Bill No. 1585, having received the constitutional majority, was declared passed.
With the consent of the House, the House resumed consideration of Substitute House Bill No. 1724.
On motion of Representative Fuhrman, the demand for an electronic roll call vote on the amendment on page 1, line 16 was withdrawn. The motion was carried.
The amendment was adopted.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Kremen, Karahalios and Brough spoke in favor of passage of the bill.
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1724.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1724 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Substitute House Bill No. 1724, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 16, 1993
Mr. Speaker,
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5044,
SUBSTITUTE SENATE BILL NO. 5130,
SUBSTITUTE SENATE BILL NO. 5221,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5226,
SUBSTITUTE SENATE BILL NO. 5329,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5425,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5477,
SECOND SUBSTITUTE SENATE BILL NO. 5514,
SUBSTITUTE SENATE BILL NO. 5556,
SUBSTITUTE SENATE BILL NO. 5652,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5702,
SUBSTITUTE SENATE BILL NO. 5736,
ENGROSSED SENATE BILL NO. 5843,
SUBSTITUTE SENATE BILL NO. 5896,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5910,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8009,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
The Speaker (Representative R. Meyers presiding) declared the House to be at ease.
The Speaker called the House to order.
With the consent of the House, the House considered House Bill No. 1248 on the second reading calendar.
HOUSE BILL NO. 1248, by Representatives King, Heavey, Franklin, Orr, Jones, G. Cole, Veloria and Johanson
Regulating the increase of industrial insurance death and disability benefits.
The bill was read the second time. On motion of Representative Locke, Substitute House Bill No. 1248 was substituted for House Bill No. 1248 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1248 was read the second time.
Representative Heavey moved adoption of the following amendment by Representative Heavey:
On page 3, beginning on line 7, after "exceed" strike all material through "110%" on line 12 and insert "one hundred ten percent of the average monthly wage in the state as computed under RCW 51.08.018."
On page 4, beginning on line 31, after "or" strike all material through "110%" on line 36 and insert "one hundred ten percent of the average monthly wage in the state as defined in RCW 51.08.018((, whichever is the lesser of the two sums))."
On page 5, beginning on line 11, after "death or" strike all material through "110%" on line 16 and insert "one hundred ten percent of the average monthly wage in the state as defined in RCW 51.08.018((, whichever is the lesser of the two sums))."
On page 7, beginning on line 17, after "exceed" strike all material through "subsection" on line 23 and insert "one hundred ten percent of the average monthly wage in the state as computed under the provisions of RCW 51.08.018, except that this limitation"
On page 9, beginning on line 11, after "exceed" strike all material through "110%" on line 16 and insert "one hundred ten percent of the average monthly wage in the state as computed under the provisions of RCW 51.08.018."
On page 10, line 12, after "December 1," strike all material through "1995" on line 13 and insert "1993. The task force shall expire July 1, 1994."
Representative Heavey spoke in favor of adoption of the amendment and Representative Lisk spoke against it. The amendment was adopted.
The bill was ordered engrossed.
On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative King spoke in favor of passage of the bill and Representative Lisk spoke against it.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1248.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1248 and the bill passed the House by the following vote: Yeas - 60, Nays - 38, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brough, Brown, Campbell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Fisher, G., Fisher, R., Flemming, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 60.
Voting nay: Representatives Ballard, Ballasiotes, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Finkbeiner, Foreman, Forner, Fuhrman, Grant, Hansen, Horn, Lisk, Long, Mastin, Mielke, Miller, Morton, Padden, Rayburn, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 38.
Engrossed Substitute House Bill No. 1248, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House consider House Bill No. 1287 on today's second reading calendar. The motion was carried.
HOUSE BILL NO. 1287, by Representatives Heavey, Thibaudeau, Franklin, Flemming, G. Cole, Riley and H. Myers
Providing for collective bargaining for agricultural employees.
The bill was read the second time. On motion of Representative Heavey, Substitute House Bill No. 1287 was substituted for House Bill No. 1287 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1287 was read the second time.
Representative Heavey moved adoption of the following amendment by Representative Heavey:
On page 4, line 3, after "consider" strike "the duties, skills, and working conditions of the employees, the extent of organization of the employees, and the desire of the employees." and add "but not be limited to the following: the duties; the skills; the working conditions of the employees; the extent of organization of the employees; and, the desire of the employees."
On page 5, line 4, after "section." add "In such cases where a petition for election is filed in accordance with this section, and such petition is filed in a harvest period, the election shall occur no later than seven days from the filing of such petition. For purposes of this section, the board shall adopt rules defining harvest periods on a crop by crop basis."
Representative Heavey spoke in favor of adoption of the amendment and Representatives Grant, Foreman, Rayburn and Lisk spoke against it.
Representative Fuhrman demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 2 after "agent" by Representative Heavey to Substitute House Bill No. 1287, and the amendment was not adopted by the following vote: Yeas - 38, Nays - 60, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Basich, Brown, Cole, G., Conway, Cothern, Dellwo, Dunshee, Fisher, G., Fisher, R., Heavey, Holm, Jacobsen, Johnson, L., Jones, King, Kohl, J., Leonard, Locke, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Riley, Romero, Rust, Scott, Sommers, Springer, Thibaudeau, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 38.
Voting nay: Representatives Ballard, Ballasiotes, Bray, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Dorn, Dyer, Edmondson, Eide, Finkbeiner, Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Horn, Johanson, Johnson, R., Karahalios, Kessler, Kremen, Lemmon, Linville, Lisk, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Padden, Quall, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Stevens, Talcott, Tate, Thomas, Valle, Vance, Van Luven, Wood and Zellinsky - 60.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Heavey, Conway, Grant and Wineberry spoke in favor of passage of the bill and Representative Foreman spoke against it.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1287.
ROLL CALL
The Clerk called the roll on final passage of Substitute House Bill No. 1287 and the bill passed the House by the following vote: Yeas - 58, Nays - 40, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Meyers, R., Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 58.
Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Heavey, Horn, Lisk, Long, Mastin, Mielke, Miller, Morris, Morton, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 40.
Substitute House Bill No. 1287, having received the constitutional majority, was declared passed.
MOTION
Representative Peery moved that the House consider House Bill No. 1045 on today's second reading calendar. The motion was carried.
HOUSE BILL NO. 1045, by Representatives Orr, Mastin, Riley, Zellinsky, Roland, Sheldon, Dorn, R. Meyers, Grant, Kremen, Ludwig, R. Fisher, Morris, R. Johnson, Scott, Bray, Talcott, Campbell, Rayburn, Padden, Foreman, Dyer, Sheahan, Ballasiotes, Long, Springer, Stevens, Brumsickle, Horn, Forner, Miller, Schmidt, Sehlin, Edmondson, Hansen, Lemmon, Schoesler, Morton, Fuhrman, Tate, Vance, Thomas, Mielke, Chandler, Lisk, Wood, Cooke, Sommers and Silver
Prohibiting the industrial welfare committee and the director of the department of labor and industries from limiting the hours of work by minors.
The bill was read the second time. On motion of Representative Heavey, Substitute House Bill No. 1045 was substituted for House Bill No. 1045 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1045 was read the second time.
Representative Pruitt moved adoption of the following amendment by Representative Pruitt:
On page 2, line 12, after "agent" insert ", or the minor is in home-based instruction under RCW 28A.225.010(4) and the employer keeps on file a copy of the declaration of intent required under RCW 28A.200.010"
Representative Pruitt spoke in favor of adoption of the amendment and it was adopted.
Representative Heavey moved adoption of the following amendment by Representative Heavey:
On page 3, after line 9, insert the following:
"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 shall take effect July 1, 1993."
Representative Heavey spoke in favor of adoption of the amendment and it was adopted.
The bill was ordered engrossed.
On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Mastin, Orr, Quall, Karahalios, Foreman, Eide, Dorn, Wineberry, Springer, Morton and R. Meyers spoke in favor of passage of the bill and Representatives G. Cole, Carlson, Conway, King, Valle and Shin spoke against it.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1045.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1045 and the bill passed the House by the following vote: Yeas - 77, Nays - 21, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Basich, Bray, Brown, Brumsickle, Campbell, Casada, Chandler, Chappell, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, Kohl, J., Kremen, Lemmon, Linville, Lisk, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Peery, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, Vance, Van Luven, Wineberry, Wood and Zellinsky - 77.
Voting nay: Representatives Anderson, Appelwick, Brough, Carlson, Cole, G., Conway, Fisher, R., Heavey, Jacobsen, King, Leonard, Locke, Patterson, Pruitt, Shin, Thibaudeau, Valle, Veloria, Wang, Wolfe and Mr. Speaker - 21.
Engrossed Substitute House Bill No. 1045, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
HOUSE BILL NO. 1197, by Representatives Leonard, Cooke, Riley, Flemming, Valle, Brown, G. Cole, Mielke, Veloria, Wineberry, Dorn, Anderson, J. Kohl, Karahalios, H. Myers, Vance, Ogden, King, Jones, Eide, Johanson, R. Meyers, Cothern, Roland, Holm, Wolfe, Franklin, Thibaudeau, Springer, Basich, Kremen, Foreman, Kessler, Campbell, Dunshee, Lemmon, Linville and Pruitt
Allowing families to retain a greater percentage of income before public benefits are reduced or terminated.
The bill was read the second time. Committee on Human Services recommendation: Majority do pass substitute. Committee on Appropriations recommendation: Majority, do pass substitute by Committee on Human Services as amended by Committee on Appropriations. (For committee amendment, see Journal, 57th Day, March 8,1993)
On motion of Representative Locke, Substitute House Bill No. 1197 was substituted for House Bill No. 1197 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 1197 was read the second time.
Representative Locke moved adoption of the committee amendments and spoke in favor of them. The committee amendments were adopted.
Representative Leonard moved adoption of the following amendment by Representatives Leonard, Locke and Sommers:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) Public assistance is intended to be a temporary financial relief program, recognizing that families can be confronted with a financial crisis at any time in life. Successful public assistance programs depend on the availability of adequate resources to assist individuals deemed eligible for the benefits of such a program. In this way, eligible families are given sufficient assistance to reenter productive employment in a minimal time period;
(2) The current public assistance system has strong disincentives to work;
(3) Employment, training, and education services provided to employable recipients of public assistance are effective tools in achieving economic self-sufficiency. Support services that are targeted to the specific needs of the individual offer the best hope of achieving economic self-sufficiency in a cost-effective manner;
(4) State welfare-to-work programs, which move individuals from dependence to economic independence, must be operated cooperatively and collaboratively between state agencies and programs. They also must include public assistance recipients as active partners in self-sufficiency planning activities. Participants in economic independence programs and services will benefit from the concepts of personal empowerment, self-motivation, and self-esteem; and
(5) Many barriers to economic independence are found in federal statutes and rules, and provide states with limited options for restructuring existing programs in order to create incentives for employment over continued dependence.
NEW SECTION. Sec. 2. The department shall amend the state plan to eliminate the one hundred hour work rule for recipients of aid to families with dependent children-employable and seek all necessary federal approval.
NEW SECTION. Sec. 3. A new section is added to chapter 74.12 RCW to read as follows:
(1) As part of the orientation and assessment conducted pursuant to RCW 74.25.020, the department shall determine the most appropriate living situation for each recipient of aid to families with dependent children who is receiving those benefits as a head of household and is under age eighteen. Appropriate living situations may include, but are not limited to:
(a) The parent's home;
(b) The home of a relative;
(c) A group living situation with adult supervision and guidance;
(d) Living independently; and
(e) Payment of the recipient's grant to another as provided in RCW 74.12.250.
(2) In conducting the assessment, the department shall consider all relevant factors, including but not limited to:
(a) Whether the recipient is enrolled in and attending school;
(b) Whether the recipient is employed;
(c) The situation in the home of the recipient's parents, including but not limited to, whether there is substance abuse or domestic violence in the home and the adequacy of the dwelling; and
(d) Whether there is a history of physical, emotional, or sexual abuse of the recipient by a person living in or frequenting the recipient's parents' home.
(3) If, as a result of the assessment, the department becomes aware of a recipient's need for other services that will help the recipient complete high school or achieve economic independence, the department shall make every effort to link the recipient with the services.
(4) Failure of the teenage recipient to comply with the department's determination shall result in termination from the programs.
NEW SECTION. Sec. 4. The department shall study the feasibility of using electronic benefit transfer technology for the food stamp, aid to families with dependent children, and women, infant, and children programs. The department shall report to the appropriate standing committees of the legislature by December 1, 1994.
NEW SECTION. Sec. 5. The department may replace food stamps with the cash equivalent for individuals eligible to receive food assistance upon receipt of all necessary statutory and administrative changes from congress, the food and nutrition service, and the department of health and human services.
Sec. 6. RCW 74.04.005 and 1992 c 165 s 1 and 1992 c 136 s 1 are each reenacted and amended to read as follows:
For the purposes of this title, unless the context indicates otherwise, the following definitions shall apply:
(1) "Public assistance" or "assistance"—Public aid to persons in need thereof for any cause, including services, medical care, assistance grants, disbursing orders, work relief, general assistance and federal-aid assistance.
(2) "Department"—The department of social and health services.
(3) "County or local office"—The administrative office for one or more counties or designated service areas.
(4) "Director" or "secretary" means the secretary of social and health services.
(5) "Federal-aid assistance"—The specific categories of assistance for which provision is made in any federal law existing or hereafter passed by which payments are made from the federal government to the state in aid or in respect to payment by the state for public assistance rendered to any category of needy persons for which provision for federal funds or aid may from time to time be made, or a federally administered needs-based program.
(6)(a) "General assistance"—Aid to persons in need who:
(i) Are not eligible to receive federal-aid assistance, other than food stamps and medical assistance; however, an individual who refuses or fails to cooperate in obtaining federal-aid assistance, without good cause, is not eligible for general assistance;
(ii) Meet one of the following conditions:
(A) Pregnant: PROVIDED, That need is based on the current income and resource requirements of the federal aid to families with dependent children program: PROVIDED FURTHER, That during any period in which an aid for dependent children employable program is not in operation, only those pregnant women who are categorically eligible for medicaid are eligible for general assistance; ((or))
(B) Children residing in the home of a court-appointed legal guardian who are under the age of eighteen. Eligibility, except the requirement to live with a relative of specified degree, is based on the current requirements of the federal aid to families with dependent children program, and need is based on the current income and resource requirements of the federal aid to families with dependent children program. Assistance shall be provided on behalf of the child or children only;
(C) Subject to chapter 165, Laws of 1992, incapacitated from gainful employment by reason of bodily or mental infirmity that will likely continue for a minimum of ninety days as determined by the department((.)); or
(((C))) (D) Persons who are unemployable due to alcohol or drug addiction are not eligible for general assistance. Persons receiving general assistance on July 26, 1987, or becoming eligible for such assistance thereafter, due to an alcohol or drug-related incapacity, shall be referred to appropriate assessment, treatment, shelter, or supplemental security income referral services as authorized under chapter 74.50 RCW. Referrals shall be made at the time of application or at the time of eligibility review. Alcoholic and drug addicted clients who are receiving general assistance on July 26, 1987, may remain on general assistance if they otherwise retain their eligibility until they are assessed for services under chapter 74.50 RCW. Subsection (6)(a)(ii)(((B)))(C) of this section shall not be construed to prohibit the department from granting general assistance benefits to alcoholics and drug addicts who are incapacitated due to other physical or mental conditions that meet the eligibility criteria for the general assistance program;
(iii) Are citizens or aliens lawfully admitted for permanent residence or otherwise residing in the United States under color of law; and
(iv) Have furnished the department their social security account number. If the social security account number cannot be furnished because it has not been issued or is not known, an application for a number shall be made prior to authorization of assistance, and the social security number shall be provided to the department upon receipt.
(b) Notwithstanding the provisions of subsection (6)(a)(i), (ii), and (c) of this section, general assistance shall be provided to the following recipients of federal-aid assistance:
(i) Recipients of supplemental security income whose need, as defined in this section, is not met by such supplemental security income grant because of separation from a spouse; or
(ii) To the extent authorized by the legislature in the biennial appropriations act, to recipients of aid to families with dependent children whose needs are not being met because of a temporary reduction in monthly income below the entitled benefit payment level caused by loss or reduction of wages or unemployment compensation benefits or some other unforeseen circumstances. The amount of general assistance authorized shall not exceed the difference between the entitled benefit payment level and the amount of income actually received.
(c) General assistance shall be provided only to persons who are not members of assistance units receiving federal aid assistance, except as provided in subsection (6)(a)(ii)(A) and (b) of this section, and will accept available services which can reasonably be expected to enable the person to work or reduce the need for assistance unless there is good cause to refuse. Failure to accept such services shall result in termination until the person agrees to cooperate in accepting such services and subject to the following maximum periods of ineligibility after reapplication:
(i) First failure: One week;
(ii) Second failure within six months: One month;
(iii) Third and subsequent failure within one year: Two months.
(d) Persons found eligible for general assistance based on incapacity from gainful employment may, if otherwise eligible, receive general assistance pending application for federal supplemental security income benefits. Any general assistance that is subsequently duplicated by the person's receipt of supplemental security income for the same period shall be considered a debt due the state and shall by operation of law be subject to recovery through all available legal remedies.
(e) The department shall adopt by rule medical criteria for general assistance eligibility to ensure that eligibility decisions are consistent with statutory requirements and are based on clear, objective medical information.
(f) The process implementing the medical criteria shall involve consideration of opinions of the treating or consulting physicians or health care professionals regarding incapacity, and any eligibility decision which rejects uncontroverted medical opinion must set forth clear and convincing reasons for doing so.
(g) Recipients of general assistance based upon a finding of incapacity from gainful employment who remain otherwise eligible shall not have their benefits terminated absent a clear showing of material improvement in their medical or mental condition or specific error in the prior determination that found the recipient eligible by reason of incapacitation. Recipients of general assistance based upon pregnancy who relinquish their child for adoption, remain otherwise eligible, and are not eligible to receive benefits under the federal aid to families with dependent children program shall not have their benefits terminated until the end of the month in which the period of six weeks following the birth of the recipient's child falls. Recipients of the federal aid to families with dependent children program who lose their eligibility solely because of the birth and relinquishment of the qualifying child may receive general assistance through the end of the month in which the period of six weeks following the birth of the child falls.
(7) "Applicant"—Any person who has made a request, or on behalf of whom a request has been made, to any county or local office for assistance.
(8) "Recipient"—Any person receiving assistance and in addition those dependents whose needs are included in the recipient's assistance.
(9) "Standards of assistance"—The level of income required by an applicant or recipient to maintain a level of living specified by the department.
(10) "Resource"—Any asset, tangible or intangible, owned by or available to the applicant at the time of application, which can be applied toward meeting the applicant's need, either directly or by conversion into money or its equivalent: PROVIDED, That an applicant may retain the following described resources and not be ineligible for public assistance because of such resources.
(a) A home, which is defined as real property owned and used by an applicant or recipient as a place of residence, together with a reasonable amount of property surrounding and contiguous thereto, which is used by and useful to the applicant. Whenever a recipient shall cease to use such property for residential purposes, either for himself or his dependents, the property shall be considered as a resource which can be made available to meet need, and if the recipient or his dependents absent themselves from the home for a period of ninety consecutive days such absence, unless due to hospitalization or health reasons or a natural disaster, shall raise a rebuttable presumption of abandonment: PROVIDED, That if in the opinion of three physicians the recipient will be unable to return to the home during his lifetime, and the home is not occupied by a spouse or dependent children or disabled sons or daughters, such property shall be considered as a resource which can be made available to meet need.
(b) Household furnishings and personal effects and other personal property having great sentimental value to the applicant or recipient, as limited by the department consistent with limitations on resources and exemptions for federal aid assistance.
(c) A motor vehicle, other than a motor home, used and useful having an equity value not to exceed one thousand five hundred dollars.
(d) All other resources, including any excess of values exempted, not to exceed one thousand dollars or other limit as set by the department, to be consistent with limitations on resources and exemptions necessary for federal aid assistance.
(e) Applicants for or recipients of general assistance shall have their eligibility based on resource limitations consistent with the aid to families with dependent children program rules adopted by the department.
(f) If an applicant for or recipient of public assistance possesses property and belongings in excess of the ceiling value, such value shall be used in determining the need of the applicant or recipient, except that: (i) The department may exempt resources or income when the income and resources are determined necessary to the applicant's or recipient's restoration to independence, to decrease the need for public assistance, or to aid in rehabilitating the applicant or recipient or a dependent of the applicant or recipient; and (ii) the department may provide grant assistance for a period not to exceed nine months from the date the agreement is signed pursuant to this section to persons who are otherwise ineligible because of excess real property owned by such persons when they are making a good faith effort to dispose of that property: PROVIDED, That:
(A) The applicant or recipient signs an agreement to repay the lesser of the amount of aid received or the net proceeds of such sale;
(B) If the owner of the excess property ceases to make good faith efforts to sell the property, the entire amount of assistance may become an overpayment and a debt due the state and may be recovered pursuant to RCW 43.20B.630;
(C) Applicants and recipients are advised of their right to a fair hearing and afforded the opportunity to challenge a decision that good faith efforts to sell have ceased, prior to assessment of an overpayment under this section; and
(D) At the time assistance is authorized, the department files a lien without a sum certain on the specific property.
(11) "Income"—(a) All appreciable gains in real or personal property (cash or kind) or other assets, which are received by or become available for use and enjoyment by an applicant or recipient during the month of application or after applying for or receiving public assistance. The department may by rule and regulation exempt income received by an applicant for or recipient of public assistance which can be used by him to decrease his need for public assistance or to aid in rehabilitating him or his dependents, but such exemption shall not, unless otherwise provided in this title, exceed the exemptions of resources granted under this chapter to an applicant for public assistance. In determining the amount of assistance to which an applicant or recipient of aid to families with dependent children is entitled, the department is hereby authorized to disregard as a resource or income the earned income exemptions consistent with federal requirements. The department may permit the above exemption of earnings of a child to be retained by such child to cover the cost of special future identifiable needs even though the total exceeds the exemptions or resources granted to applicants and recipients of public assistance, but consistent with federal requirements. In formulating rules and regulations pursuant to this chapter, the department shall define income and resources and the availability thereof, consistent with federal requirements. All resources and income not specifically exempted, and any income or other economic benefit derived from the use of, or appreciation in value of, exempt resources, shall be considered in determining the need of an applicant or recipient of public assistance.
(b) If, under applicable federal requirements, the state has the option of considering property in the form of lump sum compensatory awards or related settlements received by an applicant or recipient as income or as a resource, the department shall consider such property to be a resource.
(12) "Need"—The difference between the applicant's or recipient's standards of assistance for himself and the dependent members of his family, as measured by the standards of the department, and value of all nonexempt resources and nonexempt income received by or available to the applicant or recipient and the dependent members of his family.
(13) For purposes of determining eligibility for public assistance and participation levels in the cost of medical care, the department shall exempt restitution payments made to people of Japanese and Aleut ancestry pursuant to the Civil Liberties Act of 1988 and the Aleutian and Pribilof Island Restitution Act passed by congress, P.L. 100-383, including all income and resources derived therefrom.
(14) In the construction of words and phrases used in this title, the singular number shall include the plural, the masculine gender shall include both the feminine and neuter genders and the present tense shall include the past and future tenses, unless the context thereof shall clearly indicate to the contrary.
NEW SECTION. Sec. 7. The department may provide grants to community action agencies or other local nonprofit organizations to provide job opportunities and basic skills training program participants with transitional support services, one-to-one assistance, and job retention services.
NEW SECTION. Sec. 8. Services provided under the jobs opportunity and basic skills training program should contain the following principles:
(1) Families should be involved in planning and service delivery;
(2) Caseworkers will act as consultants and focus on building family strengths;
(3) Services should strengthen incentives for self-sufficiency and economic independence;
(4) Administration of the job opportunity and basic skills training program services should be coordinated with other services to the family;
(5) Services should be regionally, culturally, and ethnically sensitive; and
(6) Services should be locally planned and involve coordinated delivery at the local level.
NEW SECTION. Sec. 9. The department of social and health services shall design a program for implementation involving recipients of aid to families with dependent children. A goal of this program is to develop a system that segments the aid to families with dependent children recipient population and identifies subgroups, matches services to the needs of the subgroup, and prioritizes available services. The department shall specify the services to be offered in each population segment, and not all services shall be available to each segment. The general focus of the services offered shall be on job training, work force preparedness, and job retention.
The program shall be designed for state-wide implementation on July 1, 1994. Any proposal for implementation may include phasing certain components over time or geographic area. The department shall submit this program to the legislative task force on welfare reform on October 1, 1993.
NEW SECTION. Sec. 10. The department of social and health services shall consider the following in developing the program:
(1) An employment incentive program that strengthens the ability of recipients to reach a level of self-sufficiency. Aid to families with dependent children grants may be used to supplement a program participant's wages;
(2) Development of a community work program for those persons who are long-term recipients of aid to families with dependent children;
(3) Services that are limited in duration;
(4) Segmentation of the recipient population based on factors such as work experience, education level, age of recipient, wage history, child support history, and length of time the person has been an aid to families with dependent children recipient;
(5) Matching appropriate services to each segment of the recipient population. The criteria may include an array of services that targets high cost, intensive services to the least employable groups and low cost, less intensive services to the most employable groups;
(6) Use of contracts between recipients and the department that set forth employability/self-sufficiency plans and sanctions for noncompliance;
(7) Training and education services for absent parents that increase their ability to support their children;
(8) The elimination of work disincentives for recipients of aid to families with dependent children; and
(9) Appropriate education and training services designed to promote economic self-sufficiency.
NEW SECTION. Sec. 11. The president of the senate and speaker of the house of representatives shall appoint a legislative welfare reform task force. In addition to representatives of the four caucuses, the president and speaker may appoint additional members representing individuals and organizations with an expressed interest in welfare reform issues. The legislative task force on welfare reform shall (1) participate in developing the implementation plan for chapter 74.-- RCW (sections 2, 4, 5, and 7 through 10 of this act), (2) review the implementation plan prepared by the department, and (3) develop legislation for consideration during the 1994 legislative session implementing the plan.
NEW SECTION. Sec. 12. Sections 2, 4, 5, and 7 through 10 of this act shall constitute a new chapter in Title 74 RCW."
Representative Patterson moved adoption of the following amendment to the amendment by Representatives Patterson and others:
On page 1, line 17 of the amendment, after "training," insert "child care,"
On page 1, line 19 of the amendment, after "services" insert ", such as child care,"
Representative Patterson spoke in favor of adoption of the amendment to the amendment and the amendment was adopted.
Representative Mielke moved adoption of the following amendment to the amendment by Representatives Mielke and Cooke:
On page 2, line 23, after "dwelling;" strike "and"
On page 2, line 26, after "home" insert "; and
(e) The financial history of the recipient to include timely payments by the recipient of housing and utility payments, and other financial obligations. The department shall also determine the need, if any, for an alternative payee."
Representatives Mielke and Locke spoke in favor of adoption of the amendment to the amendment and it was adopted.
Representative Tate moved adoption of the following amendment to the amendment by Representative Tate and others:
On page 9, after line 26, insert the following:
"NEW SECTION. Sec. 8. All able-bodied recipients of aid to families with dependent children benefits shall perform non-paid community service work. The department of social and health services shall establish by rule the hours per week of non-paid community service work required. This section shall not apply to a recipient who is enrolled in an approved educational or training program, or is otherwise qualified for an exemption under the job opportunities and basic skills training program."
Representatives Tate and Mielke spoke in favor of adoption of the amendment to the amendment and Representatives Leonard and Locke spoke against it.
Representative Tate again spoke in favor of the amendment.
Representative Vance demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment to the amendment on page 9 after line 26 of the amendment to Substitute House Bill No. 1197, and the amendment was not adopted by the following vote: Yeas - 38, Nays - 60, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Finkbeiner, Foreman, Forner, Fuhrman, Grant, Hansen, Horn, Lisk, Long, Mastin, Mielke, Miller, Morton, Padden, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 38.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Fisher, G., Fisher, R., Flemming, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 60.
Representative Padden moved adoption of the following amendment to the amendment:
On page 11, after line 9, insert the following:
"NEW SECTION. Sec. 11. A new section is added to chapter 74.04 RCW to read as follows:
The department of social and health services shall restore five full time equivalent staff positions to the fraud early detection unit and fifteen full time equivalent staff positions to the general investigation unit. The department shall also enter into the aid to families with dependent children optional fraud program and seek the maximum federal assistance available for the program."
Representative Padden spoke in favor of adoption of the amendment to the amendment and Representative Locke spoke against it.
Representative Fuhrman demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment to the amendment on page 11 after line 9 of the amendment to Substitute House Bill No. 1197, and the amendment was not adopted by the following vote: Yeas - 36, Nays - 62, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Lisk, Long, Mastin, Mielke, Miller, Morton, Padden, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 36.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 62.
Representative Cooke moved adoption of the following amendment to the amendment:
On page 11, after line 9, insert the following:
"NEW SECTION. Sec. 11. A new section is added to chapter 74.04 RCW to read as follows:
There shall be no additional monetary assistance for children conceived after entry into the aid to families with dependent children program. The department is directed to provide information to recipients regarding all birth control or family planning services provided by the state."
Representatives Cooke, Forner, Miller and Mielke spoke in favor of adoption of the amendment to the amendment and Representatives Leonard, Heavey, Locke, R. Meyers and Padden spoke against it.
Representative Vance demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 11, after line 9 of the amendment to Substitute House Bill No. 1197, and the amendment was not adopted by the following vote: Yeas - 31, Nays - 67, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chappell, Cooke, Dellwo, Dyer, Edmondson, Flemming, Forner, Horn, Lisk, Long, Mielke, Miller, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 31.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Chandler, Cole, G., Conway, Cothern, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Foreman, Fuhrman, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Mastin, Meyers, R., Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Stevens, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 67.
Representative Brough moved adoption of the following amendment to the amendment:
On page 11, after line 9, insert the following:
"NEW SECTION. Sec. 11. A new section is added to chapter 74.04 RCW to read as follows:
Authorized postsecondary education for recipients of aid to families with dependent children benefits shall be limited to a vocational degree or certificate program. The department of social and health services shall establish rules to grandfather those individuals enrolled in other postsecondary educational programs as of the effective date of this act."
Representatives Brough, Locke and Riley spoke in favor of adoption of the amendment and Representatives Brown, Jacobson, Mastin and J. Kohl spoke against it.
Representative Brough again spoke in favor and Representative Jacobsen again spoke against it.
Representative Fuhrman demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 11 after line 9 of the amendment to Substitute House Bill No. 1197, and the amendment was not adopted by the following vote: Yeas - 44, Nays - 54, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Fisher, G., Foreman, Forner, Fuhrman, Grant, Hansen, Horn, Linville, Lisk, Locke, Long, Mielke, Miller, Morton, Padden, Peery, Reams, Riley, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Sommers, Stevens, Talcott, Tate, Thomas, Valle, Vance, Van Luven and Wood - 44.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, R., Flemming, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Pruitt, Quall, Rayburn, Romero, Rust, Scott, Sheldon, Shin, Springer, Thibaudeau, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 54.
Representative Morton moved adoption of the following amendment to the amendment:
On page 11, after line 9, insert the following:
"NEW SECTION. Sec. 11. A new section is added to chapter 74.04 RCW to read as follows:
New residents of the state shall receive for the first six months of residence the same level of benefits granted to them by their previous state of residence or they will receive Washington's grant level, whichever is lower. "New residents" means anyone who has resided in the state of Washington for fewer than six of the previous six months."
Representatives Morton, Hansen, Padden, Schoesler, Roland and Long spoke in favor of adoption of the amendment and Representative Leonard spoke against it.
Representative Morton again spoke in favor of the amendment.
Representative Vance demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 11, after line 9 of the amendment to Substitute House Bill No. 1197, and the amendment was not adopted by the following vote: Yeas - 49, Nays - 49, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Cole, G., Cooke, Dyer, Edmondson, Eide, Fisher, G., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Horn, Lisk, Long, Mastin, Mielke, Miller, Morris, Morton, Padden, Patterson, Quall, Rayburn, Reams, Roland, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Silver, Springer, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 49.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Chappell, Conway, Cothern, Dellwo, Dorn, Dunshee, Finkbeiner, Fisher, R., Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Meyers, R., Myers, H., Ogden, Orr, Peery, Pruitt, Riley, Romero, Rust, Sheldon, Shin, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 49.
Representative Talcott moved adoption of the following amendment to the amendment:
On page 11, after line 9, insert the following:
"NEW SECTION. Sec. 11. A new section is added to chapter 74.04 RCW to read as follows:
As a condition of receiving aid to families with dependent children benefits, parents are ultimately responsible and shall be held accountable for their children's school attendance from kindergarten through sixth grade. If a student violates the state's truancy laws during a specified school quarter, the financial grant may be reduced twenty five dollars per day for each day of truancy. The department shall establish penalties, sanctions, or termination of benefits for additional violations. The superintendent of public instruction and secretary of social and health services shall establish a process for the sharing of information pertaining to student attendance records."
Representatives Talcott, Ballard, Padden and Mielke spoke in favor of adoption of the amendment and Representatives Karahalios, Leonard, Chappell, G. Fisher, Dorn and L. Johnson spoke against it.
Representative Fuhrman demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 11, after line 9 of the amendment to Substitute House Bill No. 1197, and the amendment was not adopted by the following vote: Yeas - 35, Nays - 63, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Casada, Chandler, Cooke, Dyer, Edmondson, Finkbeiner, Foreman, Forner, Fuhrman, Horn, Lemmon, Lisk, Mielke, Miller, Morton, Padden, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 35.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Carlson, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Romero, Rust, Scott, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 63.
Representative Mielke moved adoption of the following amendment to the amendment:
On page 11, after line 9, insert the following:
"NEW SECTION. Sec. 11. A new section is added to chapter 74.04 RCW to read as follows:
In order to receive aid to families with dependent children benefits, both parents of each child to be covered by the program must be listed on the application for benefits whenever possible."
Representatives Mielke and Vance spoke in favor of adoption of the amendment to the amendment and Representatives Leonard and Locke spoke against it.
Representative Vance demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment to the amendment to Substitute House Bill No. 1197, and the amendment was not adopted by the following vote: Yeas - 38, Nays - 60, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Finkbeiner, Foreman, Forner, Fuhrman, Grant, Hansen, Horn, Lisk, Long, Mastin, Mielke, Miller, Morton, Padden, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 38.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Fisher, G., Fisher, R., Flemming, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 60.
The House resumed consideration of the amendment to the amendment by Representative Mielke.
Representative Mielke moved adoption of the following amendment to the amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) Public assistance is intended to be a temporary financial relief program, recognizing that families can be confronted with a financial crisis at any time in life. Successful public assistance programs depend on the availability of adequate resources to assist individuals deemed eligible for the benefits of such a program. In this way, eligible families are given sufficient assistance to reenter productive employment in a minimal time period. When eligibility for public assistance is not clearly defined or enforced, resources are consumed for purposes other than what the public intends and the result is a shortage of resources for eligible recipients;
(2) The current public assistance system requires a reduction in grant standards when income is received. In most cases, family income is limited to levels below the standard of need. Work involvement, a crucial factor in the individual's ability to return to the work force, can result in the same reduction or elimination of benefits. To remove this disincentive, the legislature intends to assist families by incorporating work experience with private employers without an immediate reduction or termination of benefits;
(3) Employment, job search, training, and educational services provided to employable recipients of public assistance are effective tools in achieving economic self-sufficiency. Support services that are targeted at the specific needs of the individual offer the best hope of achieving economic self-sufficiency in a cost-effective manner;
(4) State welfare-to-work programs, which move individuals from dependence to economic independence, must be operated cooperatively and collaboratively between state agencies and programs. Public assistance recipients shall be active participants in the programs and will benefit from the concepts of personal empowerment, responsibility, self-motivation, and self-esteem;
(5) Many barriers to economic independence are found in federal statutes and rules, and provide states with limited options for restructuring existing programs in order to create incentives for employment over continued dependence; and
(6) Public assistance should promote the formation of healthy families, reward work effort, and promote personal responsibility to include education, parental responsibility, job training, community enhancement activity, and gainful employment.
NEW SECTION. Sec. 2. A new section is added to chapter 74.12 RCW to read as follows:
(1) As part of the orientation and assessment conducted pursuant to RCW 74.25.020, the department shall determine the most appropriate living situation for each recipient of aid to families with dependent children who is receiving those benefits as a head of household and is under age eighteen. Appropriate living situations may include, but are not limited to:
(a) The parent's home;
(b) The home of a relative;
(c) A group living situation with adult supervision and guidance;
(d) Living independently; and
(e) Payment of the recipient's grant to another as provided in RCW 74.12.250.
(2) In conducting the assessment, the department shall consider all relevant factors, including but not limited to:
(a) Whether the recipient is enrolled in and attending school;
(b) Whether the recipient is employed;
(c) The situation in the home of the recipient's parents, including but not limited to, whether there is substance abuse or domestic violence in the home and the adequacy of the dwelling;
(d) Whether there is a history of physical, emotional, or sexual abuse of the recipient by a person living in or frequenting the recipient's parents' home; and
(e) The financial history of the recipient to include timely payments by the recipient of housing and utility payments, and other financial obligations. The department shall also determine the need, if any, for an alternative payee.
(3) If, as a result of the assessment, the department becomes aware of a recipient's need for other services that will help the recipient complete high school or achieve economic independence, the department shall make every effort to link the recipient with the services.
(4) Failure of the teenage recipient to comply with the department's determination shall result in termination from the programs.
NEW SECTION. Sec. 3. A new section is added to chapter 74.04 RCW to read as follows:
The department shall study the feasibility of using electronic benefit transfer technology for the food stamp, aid to families with dependent children, and women, infant, and children programs. The department shall report to the appropriate standing committees of the legislature by December 1, 1994.
NEW SECTION. Sec. 4. A new section is added to chapter 74.04 RCW to read as follows:
The department may replace food stamps with the cash equivalent for individuals eligible to receive food assistance upon receipt of all necessary statutory and administrative changes from congress, the food and nutrition service, and the department of health and human services.
NEW SECTION. Sec. 5. A new section is added to chapter 74.04 RCW to read as follows:
The department shall amend the state plan to eliminate the one hundred hour work rule for recipients of aid to families with dependent children-employable and seek all necessary federal approval.
NEW SECTION. Sec. 6. A new section is added to chapter 74.04 RCW to read as follows:
The department may provide grants to community action agencies or other local nonprofit organizations to provide job opportunities and basic skills training program participants with transitional support services, one-to-one assistance, and job retention services.
Sec. 7. RCW 74.04.005 and 1992 c 165 s 1 and 1992 c 136 s 1 are each reenacted and amended to read as follows:
For the purposes of this title, unless the context indicates otherwise, the following definitions shall apply:
(1) "Public assistance" or "assistance"—Temporary public aid to persons in need thereof for any cause, including services, medical care, assistance grants, disbursing orders, work relief, general assistance and federal-aid assistance.
(2) "Department"—The department of social and health services.
(3) "County or local office"—The administrative office for one or more counties or designated service areas.
(4) "Director" or "secretary" means the secretary of social and health services.
(5) "Federal-aid assistance"—The specific categories of temporary assistance for which provision is made in any federal law existing or hereafter passed by which payments are made from the federal government to the state in aid or in respect to payment by the state for public assistance rendered to any category of needy persons for which provision for federal funds or aid may from time to time be made, or a federally administered needs-based program.
(6)(a) "General assistance"—Aid to persons in need who:
(i) Are not eligible to receive federal-aid assistance, other than food stamps and medical assistance; however, an individual who refuses or fails to cooperate in obtaining federal-aid assistance, without good cause, is not eligible for general assistance;
(ii) Meet one of the following conditions:
(A) Pregnant: PROVIDED, That need is based on the current income and resource requirements of the federal aid to families with dependent children program((: PROVIDED FURTHER, That)). During any period in which an aid for dependent children employable program is not in operation, only those pregnant women who are categorically eligible for medicaid are eligible for general assistance; or
(B) Subject to chapter 165, Laws of 1992, incapacitated from gainful employment by reason of bodily or mental infirmity that will likely continue for a minimum of ninety days as determined by the department.
(C) Persons who are unemployable due to alcohol or drug addiction are not eligible for general assistance. Persons receiving general assistance on July 26, 1987, or becoming eligible for such assistance thereafter, due to an alcohol or drug-related incapacity, shall be referred to appropriate assessment, treatment, shelter, or supplemental security income referral services as authorized under chapter 74.50 RCW. Referrals shall be made at the time of application or at the time of eligibility review. Alcoholic and drug addicted clients who are receiving general assistance on July 26, 1987, may remain on general assistance if they otherwise retain their eligibility until they are assessed for services under chapter 74.50 RCW. Subsection (6)(a)(ii)(B) of this section shall not be construed to prohibit the department from granting general assistance benefits to alcoholics and drug addicts who are incapacitated due to other physical or mental conditions that meet the eligibility criteria for the general assistance program;
(iii) Are citizens or aliens lawfully admitted for permanent residence or otherwise residing in the United States under color of law; and
(iv) Have furnished the department their social security account number. If the social security account number cannot be furnished because it has not been issued or is not known, an application for a number shall be made prior to authorization of assistance, and the social security number shall be provided to the department upon receipt.
(b) Notwithstanding the provisions of subsection (6)(a)(i), (ii), and (c) of this section, general assistance shall be provided to the following recipients of federal-aid assistance:
(i) Recipients of supplemental security income whose need, as defined in this section, is not met by such supplemental security income grant because of separation from a spouse; or
(ii) To the extent authorized by the legislature in the biennial appropriations act, to recipients of aid to families with dependent children whose needs are not being met because of a temporary reduction in monthly income below the entitled benefit payment level caused by loss or reduction of wages or unemployment compensation benefits or some other unforeseen circumstances. The amount of general assistance authorized shall not exceed the difference between the entitled benefit payment level and the amount of income actually received.
(c) General assistance shall be provided only to persons who are not members of assistance units receiving federal aid assistance, except as provided in subsection (6)(a)(ii)(A) and (b) of this section, and will accept available services which can reasonably be expected to enable the person to work or reduce the need for assistance unless there is good cause to refuse. Failure to accept such services shall result in termination until the person agrees to cooperate in accepting such services and subject to the following maximum periods of ineligibility after reapplication:
(i) First failure: One week;
(ii) Second failure within six months: One month;
(iii) Third and subsequent failure within one year: Two months.
(d) Persons found eligible for general assistance based on incapacity from gainful employment may, if otherwise eligible, receive general assistance pending application for federal supplemental security income benefits. Any general assistance that is subsequently duplicated by the person's receipt of supplemental security income for the same period shall be considered a debt due the state and shall by operation of law be subject to recovery through all available legal remedies.
(e) The department shall adopt by rule medical criteria for general assistance eligibility to ensure that eligibility decisions are consistent with statutory requirements and are based on clear, objective medical information.
(f) The process implementing the medical criteria shall involve consideration of opinions of the treating or consulting physicians or health care professionals regarding incapacity, and any eligibility decision which rejects uncontroverted medical opinion must set forth clear and convincing reasons for doing so.
(g) Recipients of general assistance based upon a finding of incapacity from gainful employment who remain otherwise eligible shall not have their benefits terminated absent a clear showing of material improvement in their medical or mental condition or specific error in the prior determination that found the recipient eligible by reason of incapacitation. Recipients of general assistance based upon pregnancy who relinquish their child for adoption, remain otherwise eligible, and are not eligible to receive benefits under the federal aid to families with dependent children program shall not have their benefits terminated until the end of the month in which the period of six weeks following the birth of the recipient's child falls. Recipients of the federal aid to families with dependent children program who lose their eligibility solely because of the birth and relinquishment of the qualifying child may receive general assistance through the end of the month in which the period of six weeks following the birth of the child falls.
(7) "Applicant"—Any person who has made a request, or on behalf of whom a request has been made, to any county or local office for temporary assistance.
(8) "Recipient"—Any person receiving temporary assistance and in addition those dependents whose needs are included in the recipient's assistance.
(9) "Standards of assistance"—The level of income required by an applicant or recipient to maintain a level of living specified by the department.
(10) "Resource"—Any asset, tangible or intangible, owned by or available to the applicant at the time of application, which can be applied toward meeting the applicant's need, either directly or by conversion into money or its equivalent((: PROVIDED, That)). An applicant may retain the following described resources and not be ineligible for public assistance because of such resources.
(a) A home, which is defined as real property owned and used by an applicant or recipient as a place of residence, together with a reasonable amount of property surrounding and contiguous thereto, which is used by and useful to the applicant. Whenever a recipient shall cease to use such property for residential purposes, either for himself or his dependents, the property shall be considered as a resource which can be made available to meet need, and if the recipient or his dependents absent themselves from the home for a period of ninety consecutive days such absence, unless due to hospitalization or health reasons or a natural disaster, shall raise a rebuttable presumption of abandonment((: PROVIDED, That)). If in the opinion of three physicians the recipient will be unable to return to the home during his lifetime, and the home is not occupied by a spouse or dependent children or disabled sons or daughters, such property shall be considered as a resource which can be made available to meet need.
(b) Household furnishings and personal effects and other personal property having great sentimental value to the applicant or recipient, as limited by the department consistent with limitations on resources and exemptions for federal aid assistance.
(c) A motor vehicle, other than a motor home, used and useful having an equity value not to exceed one thousand five hundred dollars.
(d) All other resources, including any excess of values exempted, not to exceed one thousand dollars or other limit as set by the department, to be consistent with limitations on resources and exemptions necessary for federal aid assistance. The department shall also allow recipients of aid to families with dependent children to exempt savings accounts with balances up to an additional one thousand five hundred dollars.
(e) Applicants for or recipients of general assistance shall have their eligibility based on resource limitations consistent with the aid to families with dependent children program rules adopted by the department.
(f) If an applicant for or recipient of public assistance possesses property and belongings in excess of the ceiling value, such value shall be used in determining the need of the applicant or recipient, except that: (i) The department may exempt resources or income when the income and resources are determined necessary to the applicant's or recipient's restoration to independence, to decrease the need for public assistance, or to aid in rehabilitating the applicant or recipient or a dependent of the applicant or recipient; and (ii) the department may provide grant assistance for a period not to exceed nine months from the date the agreement is signed pursuant to this section to persons who are otherwise ineligible because of excess real property owned by such persons when they are making a good faith effort to dispose of that property: PROVIDED, That:
(A) The applicant or recipient signs an agreement to repay the lesser of the amount of aid received or the net proceeds of such sale;
(B) If the owner of the excess property ceases to make good faith efforts to sell the property, the entire amount of assistance may become an overpayment and a debt due the state and may be recovered pursuant to RCW 43.20B.630;
(C) Applicants and recipients are advised of their right to a fair hearing and afforded the opportunity to challenge a decision that good faith efforts to sell have ceased, prior to assessment of an overpayment under this section; and
(D) At the time assistance is authorized, the department files a lien without a sum certain on the specific property.
(11) "Income"—(a) All appreciable gains in real or personal property (cash or kind) or other assets, which are received by or become available for use and enjoyment by an applicant or recipient during the month of application or after applying for or receiving public assistance. The department may by rule and regulation exempt income received by an applicant for or recipient of public assistance which can be used by him to decrease his need for public assistance or to aid in rehabilitating him or his dependents, but such exemption shall not, unless otherwise provided in this title, exceed the exemptions of resources granted under this chapter to an applicant for public assistance. In determining the amount of assistance to which an applicant or recipient of aid to families with dependent children is entitled, the department is hereby authorized to disregard as a resource or income the earned income exemptions consistent with federal requirements. The department may permit the above exemption of earnings of a child to be retained by such child to cover the cost of special future identifiable needs even though the total exceeds the exemptions or resources granted to applicants and recipients of public assistance, but consistent with federal requirements. In formulating rules and regulations pursuant to this chapter, the department shall define income and resources and the availability thereof, consistent with federal requirements. All resources and income not specifically exempted, and any income or other economic benefit derived from the use of, or appreciation in value of, exempt resources, shall be considered in determining the need of an applicant or recipient of public assistance.
(b) If, under applicable federal requirements, the state has the option of considering property in the form of lump sum compensatory awards or related settlements received by an applicant or recipient as income or as a resource, the department shall consider such property to be a resource.
(12) "Need"—The difference between the applicant's or recipient's standards of assistance for himself and the dependent members of his family, as measured by the standards of the department, and value of all nonexempt resources and nonexempt income received by or available to the applicant or recipient and the dependent members of his family.
(13) For purposes of determining eligibility for public assistance and participation levels in the cost of medical care, the department shall exempt restitution payments made to people of Japanese and Aleut ancestry pursuant to the Civil Liberties Act of 1988 and the Aleutian and Pribilof Island Restitution Act passed by congress, P.L. 100-383, including all income and resources derived therefrom.
(14) In the construction of words and phrases used in this title, the singular number shall include the plural, the masculine gender shall include both the feminine and neuter genders and the present tense shall include the past and future tenses, unless the context thereof shall clearly indicate to the contrary.
NEW SECTION. Sec. 8. A new section is added to chapter 74.04 RCW to read as follows:
The department is directed to immediately institute the following policy changes state-wide:
(1) In order to receive aid to families with dependent children benefits, both parents of each child to be covered by the program must be listed on the application for benefits.
(2) Minors must have a protective payee designated to receive their welfare funds. Whenever possible, protective payees shall be a responsible, immediate adult family member. Protective payees shall have a duty to make sure housing and utility costs are paid in a timely manner. Where an adequate protective payee cannot be found, the department shall assume the protective payee function.
(3) As a condition of receiving benefits, parents are ultimately responsible and shall be held accountable for their children's school attendance from kindergarten through sixth grade. If a student violates the state's truancy laws during a specified school quarter, the financial grant shall be reduced by a minimum of ten percent for sixty days. The department shall establish penalties, sanctions, or termination of benefits for additional violations. The superintendent of public instruction and secretary of social and health services shall establish a process for the sharing of information pertaining to student attendance records.
(4) Authorized postsecondary education shall be limited to a vocational degree or certificate program only.
(5) Restore all FTE's to the fraud early detection unit and place an emphasis on either filling or expanding, or both, all field investigator positions. The department shall enter into the aid to families with dependent children optional fraud program and seek the maximum federal assistance for the programs.
(6) There shall be no additional monetary assistance for children conceived after entry into the aid to families with dependent children or JOBS programs. The department is directed to provide information to recipients regarding all birth control or family planning that is provided by the state.
(7) New residents of the state shall receive for the first six months of residence the same level of benefits granted to them by their previous state of residence or they will receive Washington's grant level, whichever is lower.
(8) The department is directed to develop a data collection system that will allow for improved data on recipients' migration and recidivism. The department shall collect better information pertaining to the characteristics of those who have received benefits for more than five cumulative years and shall not limit data collection for individuals to a five year-period.
(9) There shall no longer be a self-prescribed disability exemption for individuals or those claiming care for a dependent spouse. Medical evidence must be provided proving that a disability requiring attendant care exists.
NEW SECTION. Sec. 9. A new section is added to chapter 74.12 RCW to read as follows:
The department of social and health services is directed to develop an aid to families with dependent children-unemployable and aid to families with dependent children-employable program based on these parameters:
(1) At the point of application to receive public assistance benefits an applicant shall:
(a) Participate in an extensive interview that will be used to determine work and educational history. The level of services needed will also be determined at this time;
(b) Participate in the development of a program that will expedite the process of the applicant gaining economic self-sufficiency;
(c) Enter into a formal contract, that will be binding for six months, that will explain all of the recipient's rights and responsibilities. Compliance with this contract will be a condition for the receipt of benefits;
(d) Provide the name of both parents of the child or children. The applicant must comply with this subsection as a condition for the receipt of benefits; and
(e) Attend an orientation where all program services as well as individual responsibilities shall be explained. Attendance shall serve as a prerequisite for the initial receipt of benefits.
(2) There shall be four levels of need that the department shall build personal programs on:
(a) Most job-ready;
(b) Moderately job-ready;
(c) Least job-ready; and
(d) Exempt.
(3) For those individuals meeting the most job-ready criteria, there shall be an initial period of sixty days in which recipients will receive fifty percent of the standard grant level. Recipients shall receive an additional fifty percent of the standard grant level in exchange for a set number of hours per week of community service to be determined by rule by the department. Individuals shall then enter into a job search program that will last for ninety days. If at the end of ninety days they are unable to find employment, individuals shall enter into an assisted work program in cooperation with the private sector modeled after federal work study programs. Once benefits have been received for a cumulative of seventeen months, individuals shall then perform community service for a set number of hours based on a formula to be developed by rule by the department as a condition for the receipt of benefits.
(4) For those individuals meeting the moderately job-ready criteria, there shall be an initial period of sixty days in which recipients shall receive fifty percent of the standard grant level. Recipients shall receive an additional fifty percent of the standard grant level in exchange for a set number of hours per week of community service to be determined by rule by the department. Individuals shall then enter into a job search program for ninety days. If at the end of ninety days they are unable to find employment, individuals shall be eligible for up to twenty-four months of postsecondary education limited to a vocational degree or certificate. If at the end of twenty-four months they are unable to find employment, individuals shall enter into an assisted work program in cooperation with the private sector modeled after federal work study programs. Once benefits have been received for a cumulative of forty-one months, individuals shall perform community service for a set number of hours based on a formula to be developed by rule by the department as a condition for the receipt of benefits.
(5) For those individuals meeting the least job-ready criteria, there shall be an initial period of sixty days in which recipients shall receive fifty percent of the standard grant level. Recipients shall receive an additional fifty percent of the standard grant level in exchange for a set number of hours per week of community service to be determined by rule by the department. Individuals shall then enter into a basic education program for a period that is deemed necessary to provide them with the equivalent of a high school education. At the end of this time, individuals shall enter into an assisted work program in cooperation with the private sector modeled after federal work study programs for a period up to twelve months. Should individuals remain unemployed at the conclusion of the twelve-month period, they shall be eligible for up to twenty-four months of postsecondary training limited to a vocational degree or certificate only. At the end of the vocational training, the recipient shall enter into a job-search program for up to three months. Once benefits have been received for a cumulative of fifty-three months, individuals shall then perform community service for a set number of hours based on a formula to be developed by rule by the department as a condition for the receipt of benefits.
(6) For those individuals meeting the exempt criteria, no program participation shall be required, except that individuals must perform community service for a set number of hours based on a formula to be developed by rule by the department, as a condition for the receipt of benefits.
(7) A recipient with a child less than six months of age, a recipient who is responsible for providing attendant care for disabled family member, or a recipient who is disabled shall be exempt from the participation requirements of the program created in this section.
NEW SECTION. Sec. 10. A new section is added to chapter 74.04 RCW to read as follows:
The department of social and health services shall develop a plan to implement section 4 of this act as a pilot project to include approximately twenty thousand participants. The department shall report its recommendations to the legislature by January 30, 1994, and be prepared to implement its recommendations beginning January 1, 1995.
NEW SECTION. Sec. 11. A new section is added to chapter 74.04 RCW to read as follows:
The department shall develop a pilot project to provide child care for those individuals receiving education, training, or providing community service as part of the program created under section 4 of this act. Child care facilities should be located on or near community and technical college or vocational school campuses. Care should be given primarily by recipients fulfilling a community service requirement and receiving the benefits of the program set up under section 4 of this act.
NEW SECTION. Sec. 12. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
Representatives Mielke and Vance spoke in favor of adoption of the amendment to the amendment and Representatives Leonard and Locke spoke against it.
Representative Vance demanded an electronic roll call and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the striking amendment to the amendment to Substitute House Bill No. 1197, and the amendment was not adopted by the following vote: Yeas - 34, Nays - 64, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Long, Mielke, Miller, Morton, Padden, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 34.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 64.
Representatives Leonard and Linville Vance spoke in favor of the striking amendment as amended. The amendment as amended was adopted.
The bill was ordered engrossed.
On motion of Representative Peery, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Leonard, Locke, Mielke, Talcott and Shin spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1197.
ROLL CALL
The Clerk called the roll on final passage of Engrossed Substitute House Bill No. 1197 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Substitute House Bill No. 1197, having received the constitutional majority, was declared passed.
RESOLUTION
HOUSE RESOLUTION NO. 93-4622, by Representatives R. Meyers, Heavey, Ebersole, Locke, Wineberry, Ballard, Brough, Dyer, Foreman, Chandler, Silver, Wood, Wang and Anderson
WHEREAS, The House of Representatives wishes to honor a great man, John L. O'Brien, who devoted over fifty years of his illustrious life to this institution; and
WHEREAS, This man served as a Member of the House of Representatives beginning in 1939 during the presidency of Franklin Roosevelt; and
WHEREAS, He is number one in longevity, with no individual among the more than seven thousand state legislators having served longer in any legislature in the United States; and
WHEREAS, The man we honor served the people of his state, his district, and this assembly longer than anyone else has ever served as a member of the legislature of the great state of Washington; and
WHEREAS, He served in the House of Representatives for half the time that Washington has been a state and for well over half the days the legislature has met in its history; and
WHEREAS, John L. O'Brien served twenty-six terms in service to his constituents as State Representative from the 33rd District, renumbered the 35th District, now the 37th District; and
WHEREAS, Representative O'Brien served four terms as Speaker, nine terms as Speaker Pro Tempore, as both majority and minority leader, and on every major committee in the House of Representatives; and
WHEREAS, Every major piece of legislation in our state over the past fifty years was guided by his leadership and parliamentary skills; and
WHEREAS, In the course of his extensive involvement with colleagues across the country, John L. O'Brien was elected in 1968 as President of the National Conference of State Legislative Leaders; and
WHEREAS, He served as Chairman of the Washington State Legislative Council from 1955 to 1962; and
WHEREAS, John L. O'Brien was responsible for many innovations and reforms in the operation of the House, a prominent example of which is the electronic roll call voting machine in chambers; and
WHEREAS, The face of state government, through every state building program during his tenure, was influenced by Representative O'Brien's committee work; and
WHEREAS, John L. O'Brien was instrumental in gaining official state recognition in 1977 of Mother Joseph, a Catholic sister and outstanding Washington pioneer; and
WHEREAS, His leadership of a fund raising drive enabled the placement of a statue of Mother Joseph as this state's second and final representative in Statuary Hall in the nation's capitol; and
WHEREAS, In the 1982 Session, the House of Representatives prevailed upon John L. O'Brien to write a book about his legislative experience so that others might benefit from some of his knowledge; and
WHEREAS, The House of Representatives in 1988 honored its longest-serving member by establishing the John L. O'Brien Postgraduate Legislative Fellowship Program; and
WHEREAS, On St. Patrick's Day, 1989, to honor John L. O'Brien's Irish heritage, the House of Representatives celebrated his fifty years of public service as a legislator, honored his wife Mary O'Brien for her many contributions to the state, and renamed the House Office Building as the John L. O'Brien Building; and
WHEREAS, In 1990, the long-awaited biography appeared as Speaker of the House, The Political Career and Times of John L. O'Brien, by Daniel Jack Chasan; and
WHEREAS, John L. O'Brien is famous for the unsurpassed leadership and skill he exercised as Speaker which shaped this institution and become a part of its history; and
WHEREAS, He is the epitome of the dignified, elder statesman and is the most outstanding parliamentarian this body has ever produced; and
WHEREAS, John L. O'Brien's command of House rules is unmatched and rarely challenged; and
WHEREAS, This venerable man has been and will continue to be an irreplaceable source of knowledge, understanding, and lore about the legislative process in this state for current and future members of the legislature and all state citizens; and
WHEREAS, The members of this assembly, veteran and new legislator alike, will miss their most esteemed colleague and need his knowledge, his expertise, and his continuing guidance in understanding the legislative process;
NOW, THEREFORE, BE IT RESOLVED, That on this St. Patricks Day, March 17, 1993, John L. O'Brien is conferred the perpetual title of Honorary Speaker Emeritus of the Washington State House of Representatives for the honor and learning that it is our hope he may continue to bestow upon this institution; and
BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Honorable John L. O'Brien, Honorary Speaker Emeritus of the House of Representatives.
Representative R. Meyers moved adoption of the resolution and spoke in favor of it.
House Resolution No. 4622 was adopted.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Peery, the House adjourned until 10:00 a.m., Friday March 19, 1993.
BRIAN EBERSOLE, Speaker
ALAN THOMPSON, Chief Clerk