HJ75

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SEVENTY-FIFTH DAY

__________

MORNING SESSION

__________

House Chamber, Olympia, Friday, March 26, 1993

The House was called to order at 10:00 a.m. by the Speaker (Representative Rayburn presiding). The Clerk called the roll and a quorum was present.

The Speaker (Representative R. Meyers presiding) assumed the chair.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Mariah Donaldson and Alison Coombs.

Inspirational Message was offered by Representative Shin.

My Legislative Shopping List:

One of these days I must go shopping. I am completely out of self respect.

I want to exchange the self-righteousness I picked up during the campaign, for some humility, which my majority leader says is less expensive and wears better.

I want to look at some tolerance, which is being used for wraps in the legislature.

My minority leader showed me some pretty samples of peace of mind; I am a little low on that. I can never have too much of it.

And by the way, I must look for some patience that my speaker wears.

It is quite becoming on him and I think it might look equally well on me.

I might try on that garment of long suffering and understanding that my seat mate is wearing.

I never thought I wanted to wear it, but I feel myself in need of it.

And I mustn't forget to have my sense of humor mended, and look for some inexpensive everyday goodness and honesty.

It is surprising how quickly one's stock of good is depleted.

Yes, I must go shopping soon.

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 eighth order of business.

RESOLUTION

HOUSE RESOLUTION NO. 93-4633, by Representatives Horn and Ballasiotes

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

WHEREAS, The incredible Mercer Island High School Islanders Boys' Basketball Team exhibited the highest level of excellence in overcoming the competition and winning the Washington State High School Boys' Basketball AAA Championship on March 13, 1993, by a score of 59 to 54; and

WHEREAS, The amazing Mercer Island High School Islanders Boys' Basketball Team demonstrated spirited play and exemplary sportsmanship in achieving this outstanding accomplishment; and

WHEREAS, The awesome Mercer Island High School Islanders Boys' Basketball Team had an impressive 1992 season team record of twenty-three wins and only six losses; and

WHEREAS, Jason Cooper was selected as the Washington State High School Boys' Basketball AAA Championship Tournament's Most Valuable Player, a feat that exemplifies the epitome of a well-rounded and skilled athlete; and

WHEREAS, These extraordinary accomplishments could not have been achieved without the support and encouragement of the students, alumni, families, friends, community members, and fans who backed them all the way; and

WHEREAS, The Mercer Island High School Islanders Head Coach Ed Pepple, and Assistant Coaches Omar Parker, Bob Sagerson, Aaron Clifford, and Scott Reid, and all the players, David Arigbabu, Terik Brown, Jason Cooper, Grant Farmer, Bobby Fielder, Markus Hallgrimson, Jamal Hill, Steve Howard, Albert Jones, Jeff Knoll, Javier Marin, Keith Passe, Landon Porter, Matt Schreck, Nate Snyder, and Peter Spear, share in the Mercer Island High School Islanders Boys' Basketball Team's success by combining outstanding coaching with outstanding playing; and

WHEREAS, The inspiring individual and team achievements of the 1992 Mercer Island High School Islanders Boys' Basketball Team will always be remembered when commemorating their winning year; and

WHEREAS, The victorious Mercer Island High School Islanders Boys' Basketball Team is a source of great pride to all the citizens of the state of Washington;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington honor the 1992 Mercer Island High School Islanders Boys' Basketball Team; and

BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Head Coach Ed Pepple, the entire 1992 Mercer Island High School Islanders Boys' Basketball Team, and the Principal of Mercer Island High School, Gary Bridgman.

Representative Horn moved adoption of the resolution.

Representatives Horn and Ballasiotes spoke in favor of adoption of the resolution.

House Resolution No. 4633 was adopted.

HOUSE RESOLUTION NO. 93-4621, by Representatives Brumsickle, Chappell, Basich, Springer and Morris

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

WHEREAS, The incredible Adna High School Girls Softball Team has exhibited the highest level of excellence in ending another fantastic season by winning the Washington State "B" Softball Championship in Spokane on May 28, 1992; and

WHEREAS, The amazing Adna High School Girls Softball Team also won the Washington State "B" Softball Championships in 1987 and 1990, exceptional feats of skill; and

WHEREAS, The sensational Adna High School Girls Softball Team maintained their remarkable record of excellence by winning the 1992 Central "B" League Champions for the sixth straight year; and

WHEREAS, The phenomenal Adna High School Girls Softball Team also won the 1992 District IV Championship; and

WHEREAS, The awesome Adna High School Girls Softball Team had an impressive 1992 season record of twenty wins and only five losses; and

WHEREAS, The inspiring Adna High School Girls Softball Team had an astonishing team grade point average of 3.49, showing the dedication and commitment of school teachers, staff, and administrators to academics; and

WHEREAS, These extraordinary accomplishments could not have been achieved without the support and encouragement of the students, alumni, families, friends, and community members, who backed them all the way; and

WHEREAS, The Adna High School Girls Softball Team coaches, Dean A. Johnsen, Matt Bannish, and Cary Painter, and all the players, Katie McMenamy, Krissy Haslett, Jessica Hunt, Shelly Long, Jenni Johnson, Marci Bower, Melody Dunnagan, Carrie Smith, Kristen Shearer, Melissa Dickey, Cali Skeen, Tera Howard, Jalyn Howard, Terry VonMoos, Lacie Long, Tawni Scott, Kimi King, and Jessica Anderson, share in the Adna High School Girls Softball Teams' success by combining outstanding coaching with outstanding playing; and

WHEREAS, The incredible individual and team achievements of the 1992 Adna High School Girls Softball Team will always be remembered when commemorating their winning year; and

WHEREAS, The Adna High School Girls Softball Team is a source of great pride to all the citizens of the state of Washington;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington honor the 1992 Adna High School Girls Softball Team; and

BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Coach Dean A. Johnsen, the entire 1992 Adna High School Girls Softball Team, and the Principal of Adna High School, Ed Rothlin.

Representative Brumsickle moved adoption of the resolution.

Representatives Brumsickle and Chappell spoke in favor of adoption of the resolution.

House Resolution No. 4621 was adopted.

HOUSE RESOLUTION NO. 93-4634, by Representatives Dorn and Miller

WHEREAS, It is important to recognize the special abilities of all students; and

WHEREAS, Through the arts, students develop imagination, initiative, creativity, self-expression, self confidence, and aesthetic sensitivity; and

WHEREAS, The arts are an essential part of the human experience, providing communication across culture and providing an historical record; and

WHEREAS, Because of the arts, many students who may otherwise lose interest in school become invigorated in learning because of the opportunity to pursue the arts; and

WHEREAS, The 20th Annual High School Art Show is being conducted by the Superintendent of Public Instruction on Thursday, March 25, 1993, recognizing the talents of our students, supporting arts education in our schools and communities, and marking the beginning of "A Year Dedicated to Arts Education, 1993-94";

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize the contribution of the arts to education and honor the winners of the 20th Annual High School Arts Show and their teachers; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Superintendent of Public Instruction Judith Billings and through her to the state winners of the 20th Annual High School Art Show.

Representative Miller moved adoption of the resolution.

Representatives Miller and Dorn spoke in favor of adoption of the resolution.

House Resolution No. 4634 was adopted.

The Speaker assumed the chair.

HOUSE RESOLUTION NO. 93-4629, by Representatives Conway, Ebersole, Eide, R. Fisher, G. Cole, Roland, Patterson, J. Kohl, Sheldon, Sommers, Karahalios, Romero, Holm, Cothern, L. Johnson, Hansen, Wolfe, Jones, Campbell, Wineberry, Wang, Dorn, Flemming, R. Meyers, King, Dellwo, Veloria, Pruitt, Orr, Peery, Valle, Leonard, Thibaudeau, Kessler, Chappell, Dunshee, Finkbeiner, Anderson, Ludwig, Quall, Riley, Johanson, Linville, Mastin, Shin, Ogden, Brough and Kremen

WHEREAS, Clyde Hupp's commitment to public service has spanned more than forty years, benefitted countless lives, and enriched the people of Washington State; and

WHEREAS, Clyde Hupp's leadership on the Pierce County Central Labor Council and Washington State Labor Council has inspired trust, respect, and affection across a broad spectrum of business, labor, and political leaders; and

WHEREAS, Clyde Hupp's tireless efforts as a member and past chair of the L.H. Bates General Advisory Council have contributed mightily to improvements in the curriculum and facilities of the L.H. Bates Technical College; and

WHEREAS, Clyde Hupp's outstanding service on the State Board for Community and Technical Colleges and the Governor's Advisory Committee on Investment in Human Capital has helped to enhance our work force and our future; and

WHEREAS, Clyde Hupp's distinguished tenure as Vice-President and President of United Ways of Washington, and as a respected leader on the Tacoma Urban League's Board of Directors, yielded many further contributions to the public good; and

WHEREAS, Clyde Hupp's renowned fairness, honesty, integrity, sincerity, ability, and likability is a tribute to his character and an inspiration to others; and

WHEREAS, Clyde Hupp has announced his decision to retire as Secretary-Treasurer of the Pierce County Central Labor Council, where his excellent leadership will be long remembered and sorely missed;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor Clyde Hupp and hereby declare and proclaim March 26, 1993, as Clyde Hupp Day, and urge all citizens to join in this observance; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Clyde Hupp, his wife Lula Mae, and to his daughters, Marilou Gadley and Barbara McCulloch.

Representative Conway moved adoption of the resolution.

Representatives Conway, Dorn and Wang spoke in favor of the adoption of the resolution.

House Resolution No. 4629 was adopted.

HOUSE RESOLUTION NO. 93-4628, by Representatives Brown, Miller, J. Kohl, Ogden, Flemming, Wolfe, L. Johnson, Eide, Veloria, Conway, Shin, Karahalios, Grant, Dellwo, Thibaudeau, Anderson, Pruitt, Johanson, Romero, G. Fisher, Wood, Rust, Finkbeiner, Cothern, Kessler, Orr, Mastin, Jacobsen, R. Fisher, Wineberry, H. Myers and Long

WHEREAS, Women of every race, economic status, religious affiliation, age, sexual orientation, and ethnic background and women with varying degrees of abilities and disabilities have made significant contributions to the growth and development of our communities, state, nation, and world; and

WHEREAS, Women continue to make vital social, economic, spiritual, and cultural contributions; and

WHEREAS, Throughout history, women have provided most of the labor of raising and caring for children and have performed countless hours of unpaid household labor; and

WHEREAS, Women have been particularly important in establishing and operating many charitable, philanthropic, political, and cultural institutions and campaigns; and

WHEREAS, Women have served as leaders of movements for progressive social change and fought to secure individual rights and freedoms; and

WHEREAS, Despite these contributions, women have been overlooked and undervalued in history, literature, social and scientific theories, and culture;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize the accomplishments of American women and women everywhere, honor and pay tribute to the women of the world, and join with others in acknowledging March 8th as International Women's Day and March as Women's History Month.

Representative Brown moved adoption of the resolution.

Representatives Brown and J. Kohl spoke in favor of the adoption of the resolution.

House Resolution No. 4628 was adopted.

SIGNED BY THE SPEAKER

The Speaker announced he was signing:

HOUSE CONCURRENT RESOLUTION NO. 4416

There being no objection, the House reverted to the fourth order of business.

INTRODUCTIONS AND FIRST READING

HB 2112 by Representatives G. Fisher and Peery; by request of Governor Lowry

AN ACT Relating to taxation; amending RCW 82.04.050, 82.04.190, 82.04.4282, 82.04.460, 82.04.060, 82.08.020, 82.12.020, 82.04.480, 82.08.090, 82.12.0252, 82.12.0255, 82.12.0259, 82.12.035, 82.12.060, 82.08.100, 82.14.020, 82.14.030, 82.14.045, 82.14.048, 82.14.050, 82.14.060, 82.32.030, 70.95E.020, 83.100.010, 83.100.020, 83.100.030, 83.100.040, 83.100.045, 83.100.050, 83.100.070, 83.100.080, 83.100.090, 83.100.130, 83.100.150, 82.03.190, 82.60.020, 82.60.050, 82.60.060, 82.61.010, 82.61.040, 82.61.060, 82.61.070, 82.62.010, 82.62.040, 48.32.145, 48.32A.090, 82.04.470, 82.08.050, 82.04.417, and 82.45.060; reenacting and amending RCW 82.12.010; adding new sections to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding new sections to chapter 82.32 RCW; adding a new section to chapter 82.14 RCW; adding new sections to chapter 82.04 RCW; adding new sections to chapter 83.100 RCW; adding new sections to chapter 48.14 RCW; adding a new chapter to Title 82 RCW; repealing RCW 82.04.300, 83.100.160, 83.100.170, 83.100.180, and 83.100.190; prescribing penalties; providing effective dates; and declaring an emergency.

Referred to Committee on Revenue.

On motion Representative Sheldon the bill listed on today's introduction sheet under the fourth order of business was referred to the committees so designated.

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

REPORTS OF STANDING COMMITTEES

March 23, 1993

SSB 5035 Prime Sponsor, Committee on Government Operation: Authorizing cities to use the hotel-motel tax for public restroom facilities. Reported by Committee on Local Government

MAJORITY recommendation: Do pass with the following amendment:

On page 2, line 15, after "any" insert "county,"

Signed by Representatives H. Myers, Chair; Bray, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; R. Fisher; Rayburn; Romero; Springer; Van Luven and Zellinsky.

Excused: Representatives Dunshee and Horn.

Referred to Committee on Revenue.

March 23, 1993

SSB 5052 Prime Sponsor, Committee on Government Operation: Removing the requirement that city and town council meetings be held within the corporate limits. Reported by Committee on Local Government

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 35.27.270 and 1965 c 7 s 35.27.270 are each amended to read as follows:

The town council shall meet ((on the second Tuesday)) in January succeeding the date of the general municipal election, shall take the oath of office, and shall hold regular meetings at least once each month at such times as may be fixed by ordinance. Special meetings may be called at any time by the mayor or by three ((councilmen)) councilmembers, by written notice ((delivered to each member at least three hours before the time specified for the proposed meeting)) as provided in RCW 42.30.080. No resolution or order for the payment of money shall be passed at any other than a regular meeting. No such resolution or order shall be valid unless passed by the votes of at least three ((councilmen)) councilmembers.

All meetings of the council shall be held ((within the corporate limits of the town,)) at such places as may be designated by ((ordinance and shall)) the town council. All final actions on resolutions and ordinances must take place within the corporate limits of the town. All meetings of the town council must be public.

Sec. 2. RCW 35.24.180 and 1965 c 7 s 35.24.180 are each amended to read as follows:

The city council and mayor shall meet ((on the first Tuesday)) in January next succeeding the date of each general municipal election, and shall take the oath of office, and shall hold regular meetings at least once during each month but not to exceed one regular meeting in each week, at such times as may be fixed by ordinance.

Special meetings may be called by the mayor by written notice ((delivered to each member of the council at least three hours before the time specified for the proposed meeting)) as provided in RCW 42.30.080. No ordinances shall be passed or contract let or entered into, or bill for the payment of money allowed at any special meeting.

All meetings of the city council shall be held ((within the corporate limits of the city)) at such place as may be designated by ((ordinance)) the city council. All final actions on resolutions and ordinances must take place within the corporate limits of the city. All meetings of the city council must be public.

Sec. 3. RCW 35A.12.110 and 1979 ex.s. c 18 s 23 are each amended to read as follows:

The city council and mayor shall meet regularly, at least once a month, at a place ((within the corporate limits of the city)) and at such times as may be ((fixed by ordinance or resolution)) designated by the city council. All final actions on resolutions and ordinances must take place within the corporate limits of the city. Special meetings may be called by the mayor or any three members of the council by written notice delivered to each member of the council at least twenty-four hours before the time specified for the proposed meeting. All actions that have heretofore been taken at special council meetings held pursuant to this section, but for which the number of hours of notice given has been at variance with requirements of RCW 42.30.080, are hereby validated. All council meetings shall be open to the public except as permitted by chapter 42.30 RCW. No ordinance or resolution shall be passed, or contract let or entered into, or bill for the payment of money allowed at any meeting not open to the public, nor at any public meeting the date of which is not fixed by ordinance, resolution, or rule, unless public notice of such meeting has been given by such notice to each local newspaper of general circulation and to each local radio or television station, as provided in RCW 42.30.080 as now or hereafter amended. Meetings of the council shall be presided over by the mayor, if present, or otherwise by the mayor pro tempore, or deputy mayor if one has been appointed, or by a member of the council selected by a majority of the council members at such meeting. Appointment of a council member to preside over the meeting shall not in any way abridge his right to vote on matters coming before the council at such meeting. In the absence of the clerk, a deputy clerk or other qualified person appointed by the clerk, the mayor, or the council, may perform the duties of clerk at such meeting. A journal of all proceedings shall be kept, which shall be a public record."

Excused: Representative Dunshee and Horn.

Passed to Committee on Rules for second reading.

March 23, 1993

SSB 5056 Prime Sponsor, Haugen: Regulating seaweed harvesting. Reported by Committee on Fisheries & Wildlife

MAJORITY recommendation: Do pass as amended by Committee on Fisheries & Wildlife as further amended, with the following amendment by Committee on Appropriations.

On page 2, beginning on line 1, strike sections 3 and 4 and insert:

"NEW SECTION. Sec. 3. The maximum daily wet weight harvest or possession of seaweed for personal use from all private and public tidelands and state bedlands is ten pounds per person. The department of natural resources in cooperation with the department of fisheries may establish seaweed harvest limits of less than ten pounds for conservation purposes.

NEW SECTION. Sec. 4. By December 31, 1993, the department of natural resources in cooperation with the department of fisheries shall develop and report to the appropriate committees of the legislature on a process and budget necessary to accomplish the following:

1) Inventory and monitor the seaweed resource for seaweed species that are or have the potential to be harvested for recreational purposes;

2) Develop a management plan that will address the appropriate level of recreational harvest of seaweed while conserving the seaweed resource; and

3) Involve interested parties in development of the inventory and management plan, including the state parks and recreation commission, affected counties, private tideland owners, and representatives of those who harvest seaweed for personal use.

The department of natural resources shall involve members of the interested parties in subsection (3) above in development of the process and budget."

On page 2, line 13, strike "specie" and insert "species"

Signed by Representatives King, Chair; Sehlin, Assistant Ranking Minority Member; Basich; Chappell; Foreman; Lemmon and Scott. Wineberry; and Wolfe.

Excused: Representatives Orr, Vice Chair, and Fuhrman, Ranking Minority Member.

Referred to Committee on Appropriations.

March 25, 1993

SB 5079 Prime Sponsor, Owen: Modifying conditions for the digging of razor clams for persons who have physical disability permits. Reported by Committee on Fisheries & Wildlife

MAJORITY recommendation: Do pass with the following amendment:

On page 1, line 14, after "person." strike the remainder of the subsection and insert: "The physical disability permittee is required to be in the direct line of sight of the person digging razor clams for him or her, unless it is not possible to be in a direct line of sight because of a physical obstruction or other barrier. If such a barrier or obstruction exists, the physical disability permittee is required to be within one-quarter mile of the person who is digging razor clams for him or her."

Signed by Representatives King, Chair; Orr, Vice Chair; Sehlin, Assistant Ranking Minority Member; Basich; Chappell; Foreman; Lemmon; and Scott.

Excused: Representative Fuhrman, Ranking Minority Member.

Passed to Committee on Rules for second reading.

March 24, 1993

SB 5082 Prime Sponsor, M. Rasmussen: Including ratites in poultry farming regulations. Reported by Committee on Agriculture & Rural Development

MAJORITY recommendation: Do pass. Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Chandler, Ranking Minority Member; Schoesler, Assistant Ranking Minority Member; Chappell; Foreman; Grant; Karahalios; Lisk; and Roland.

Passed to Committee on Rules for second reading.

March 23, 1993

SSB 5088 Prime Sponsor, Committee on Government Operations: Authorizing flexible approaches to developing administrative rules. Reported by Committee on State Government

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that while the 1988 Administrative Procedure Act expanded public participation in the agency rule-making process, there continue to be instances when participants have developed adversarial relationships with each other, resulting in the inability to identify all of the issues, the failure to focus on solutions to problems, unnecessary delays, litigation, and added cost to the agency, affected parties, and the public in general.

When interested parties work together, it is possible to negotiate development of a rule that is acceptable to all affected, and that conforms to the intent of the statute the rule is intended to implement.

After a rule is adopted, unanticipated negative impacts may emerge. Examples include excessive costs of administration for the agency and compliance by affected parties, technical conditions that may be physically or economically unfeasible to meet, problems of interpretation due to lack of clarity, and reporting requirements that duplicate or conflict with those already in place.

It is therefore the intent of the legislature to encourage flexible approaches to developing administrative rules, including but not limited to negotiated rule making and a process for testing the feasibility of adopted rules, often called the pilot rule process. However, nothing in this act shall be construed to create any mandatory duty for an agency to use the procedures in RCW 34.05.310 or section 4 of this act in any particular instance of rule making. Agencies shall determine, in their discretion, when it is appropriate to use these procedures.

Sec. 2. RCW 34.05.310 and 1989 c 175 s 5 are each amended to read as follows:

(((1) In addition to seeking information by other methods, an agency, before publication of a notice of a proposed rule adoption under RCW 34.05.320, is encouraged to solicit comments from the public on a subject of possible rule making under active consideration within the agency, by causing notice to be published in the state register of the subject matter and indicating where, when, and how persons may comment.

(2) Each agency may appoint committees to comment, before publication of a notice of proposed rule adoption under RCW 34.05.320, on the subject of a possible rule-making action under active consideration within the agency.

(3) Each agency shall designate a rules coordinator, who shall have knowledge of the subjects of rules being proposed or prepared within the agency for proposal, maintain the records of any such action, and respond to public inquiries about possible or proposed rules and the identity of agency personnel working, reviewing, or commenting on them. The office and mailing address of the rules coordinator shall be published in the state register at the time of designation and in the first issue of each calendar year thereafter for the duration of the designation. The rules coordinator may be an employee of another agency.)) To meet the intent of providing greater public access to administrative rule making and to promote consensus among interested parties, agencies are encouraged to:

(1) Solicit comments from the public on a subject of possible rule making before publication of a notice of proposed rule adoption under RCW 34.05.320. This process can be accomplished by having a notice published in the state register of the subject under active consideration and indicating where, when, and how persons may comment; and

(2) Develop and use new procedures for reaching agreement among interested parties before publication of notice and the adoption hearing on a proposed rule. Examples of new procedures include, but are not limited to:

(a) Identifying individuals and organizations that have a recognized interest in or will be significantly affected by the adoption of the proposed rule;

(b) Soliciting participation by persons who are capable, willing, and appropriately authorized to enter into such negotiations;

(c) Assuring that participants fully recognize the consequences of not participating in the process, are committed to negotiate in good faith, and recognize the alternatives available to other parties;

(d) Establishing guidelines to encourage consideration of all pertinent issues, to set reasonable completion deadlines, and to provide fair and objective settlement of disputes that may arise;

(e) Agreeing on a reasonable time period during which the agency will be bound to the rule resulting from the negotiations without substantive amendment; and

(f) Providing a mechanism by which one or more parties may withdraw from the process or the negotiations may be terminated if it appears that consensus cannot be reached on a draft rule that accommodates the needs of the agency, interested parties, and the general public and conforms to the legislative intent of the statute that the rule is intended to implement.

NEW SECTION. Sec. 3. Each agency shall designate a rules coordinator, who shall have knowledge of the subjects of rules being proposed or prepared within the agency for proposal, maintain the records of any such action, and respond to public inquiries about possible or proposed rules and the identity of agency personnel working, reviewing, or commenting on them. The office and mailing address of the rules coordinator shall be published in the state register at the time of designation and in the first issue of each calendar year thereafter for the duration of the designation. The rules coordinator may be an employee of another agency.

NEW SECTION. Sec. 4. If, during development of a rule or after its adoption, an agency determines that implementation may produce unreasonable economic, procedural, or technical burdens, agencies are encouraged to develop methods for measuring or testing the feasibility of compliance with the rule, including the use of voluntary pilot study groups. Measuring and testing methods should emphasize public notice, participation by persons who have a recognized interest in or are significantly affected by the adoption of the proposed rule, a high level of involvement from agency management, consensus on issues and procedures among participants in the pilot group, assurance of fairness, and reasonable completion dates, and a process by which one or more parties may withdraw from the process or the process may be terminated if consensus cannot be reached on the rule.

The findings of the pilot project should be widely shared and, where appropriate, adopted as amendments to the rule.

NEW SECTION. Sec. 5. Sections 3 and 4 of this act are each added to chapter 34.05 RCW under the subchapter heading "rule-making procedures.""

Signed by Representatives Anderson, Chair; Reams, Ranking Minority Member; Vance, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King; and Pruitt.

Excused: Representative Veloria, Vice Chair.

Passed to Committee on Rules for second reading.

March 25, 1993

ESSB 5110 Prime Sponsor, Committee on Government Operations: Changing provisions relating to sewer and water districts. Reported by Committee on Local Government

MAJORITY recommendation: Do pass. Signed by Representatives H. Myers, Chair; Bray, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Rayburn; Romero; Van Luven; and Zellinsky.

Excused: Representative Springer.

Passed to Committee on Rules for second reading.

March 24, 1993

SSB 5145 Prime Sponsor, Committee on Labor & Commerce: Regulating bungee jumping. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass with the following amendment:

On page 4, line 9, after "reinspected by" insert "an insurer, a person with whom the insurer has contracted, or"

On page 4, line 15, after "reinspected by" strike "a person authorized by the department" and insert "an insurer, a person with whom the insurer has contracted, or a person authorized by the department to inspect bungee jumping devices"

Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer; and Veloria.

Passed to Committee on Rules for second reading.

March 24, 1993

ESB 5217 Prime Sponsor, Pelz: Requiring compliance with chapter 39.12 RCW of public works. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Conway; King; Springer; and Veloria.

MINORITY recommendation: Do not pass. Signed by Representatives Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; and Horn.

Passed to Committee on Rules for second reading.

March 24, 1993

SB 5241 Prime Sponsor, Vognild: Making certain powers and duties of the gambling commission permissive. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass with the following amendment:

On page 4, at the beginning of line 21, strike "permissive" and insert "discretionary"

On page 5, line 10, after "are" strike "permissive" and insert "discretionary"

Signed by Representatives Heavey, Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer; and Veloria.

MINORITY recommendation: Do not pass. Signed by Representative G. Cole, Vice Chair;

Passed to Committee on Rules for second reading.

March 24, 1993

SSB 5255 Prime Sponsor, Committee on Ecology & Parks: Providing for evaluation and transfer to the parks and recreation commission of land acquired by the state by escheat. Reported by Committee on Natural Resources & Parks

MAJORITY recommendation: Do pass. Signed by Representatives Pruitt, Chair; R. Johnson, Vice Chair; Morton, Ranking Minority Member; Stevens, Assistant Ranking Minority Member; Dunshee; Linville; Schoesler; Sheldon; Thomas; Valle; and Wolfe.

Passed to Committee on Rules for second reading.

March 25, 1993

ESB 5260 Prime Sponsor, Spanel: Requiring salmon food fish to be labeled by its source and common name. Reported by Committee on Fisheries & Wildlife

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that salmon consumers in Washington benefit from knowing the species and origin of the salmon they purchase. The accurate identification of such species, as well as knowledge of the country or state of origin and of whether they were caught commercially or were farm raised, is important to consumers.

NEW SECTION. Sec. 2. A new section is added to chapter 69.04 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 3 through 5 of this act.

(1) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:

SCIENTIFIC NAME COMMON NAME

Oncorhynchus tshawytscha Chinook salmon or king salmon

Oncorhynchus kisutch Coho salmon or silver salmon

Oncorhynchus keta Chum salmon

Oncorhynchus gorbuscha Pink salmon

Oncorhynchus nerka Sockeye salmon

Salmo salar (in other than Atlantic salmon

its landlocked form)

(2) "Commercially caught" means salmon harvested by commercial fishers.

NEW SECTION. Sec. 3. A new section is added to chapter 69.04 RCW to read as follows:

With the exception of a commercial fisher engaged in sales of fish to a fish buyer, no person may sell any fresh or frozen salmon food fish or cultured aquatic salmon without labeling the species of salmon by its common name. A person knowingly violating this section is guilty of misbranding under this chapter. A person who receives misleading and erroneous information about the species of salmon and subsequently labels or offers for wholesale or retail sale salmon that is inaccurately identified shall not be guilty of misbranding. This section shall not apply to salmon that is minced, pulverized, coated with batter, or breaded.

NEW SECTION. Sec. 4. A new section is added to chapter 69.04 RCW to read as follows:

With the exception of a commercial fisher engaged in sales of fish to a fish buyer, no person may sell any fresh or frozen:

(1) Private sector cultured aquatic salmon without labeling the product as farm raised salmon; or

(2) Commercially caught salmon designated as food fish under Title 75 RCW without labeling the product as commercially caught salmon.

A person knowingly violating this section is guilty of misbranding under this chapter. A person who receives misleading or erroneous information about whether the salmon is farm raised or commercially caught, and subsequently labels or offers for wholesale or retail sale salmon that is inaccurately identified shall not be guilty of misbranding. This section shall not apply to salmon that is minced, pulverized, coated with batter, or breaded.

NEW SECTION. Sec. 5. A new section is added to chapter 69.04 RCW to read as follows:

To promote honesty and fair dealing for consumers, the director, in consultation with the director of the department of fisheries, shall adopt rules:

(1) Fixing and establishing a reasonable definition and standard of identity for salmon for purposes of selling and labeling salmon;

(2) Defining necessary documentation for purposes of enforcement; and

(3) Enforcing sections 3 and 4 of this act."

Signed by Representatives King, Chair; Orr, Vice Chair; Sehlin, Assistant Ranking Minority Member; Basich; Chappell; Foreman; Lemmon; and Scott.

Excused: Representative Fuhrman, Ranking Minority Member.

Passed to Committee on Rules for second reading.

March 23, 1993

SB 5301 Prime Sponsor, Fraser: Authorizing the state parks and recreation commission to enter into cooperative agreements with private nonprofit corporations with regard to state park property and facilities. Reported by Committee on Natural Resources & Parks

Passed to Committee on Rules for second reading.

March 24, 1993

ESB 5378 Prime Sponsor, M. Rasmussen: Modifying the regulation of horticultural plants and facilities. Reported by Committee on Agriculture & Rural Development

Passed to Committee on Rules for second reading.

March 24, 1993

ESSB 5379 Prime Sponsor, Committee on Agriculture: Making major changes to milk and milk products regulations. Reported by Committee on Agriculture & Rural Development

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 15.36.115 and 1989 c 354 s 18 and 1989 c 175 s 48 are each reenacted and amended to read as follows:

(1) If the results of an antibiotic, pesticide, or other drug residue test under RCW 15.36.110 are above the actionable level established in the pasteurized milk ordinance published by the United States public health service and determined using procedures set forth in the current edition of "Standard Methods for the Examination of Dairy Products," a producer holding a grade A permit is subject to a civil penalty. The penalty shall be in an amount equal to one-half the value of the sum of the volumes of milk equivalent produced under the permit on the day prior to and the day of the adulteration. The value of the milk shall be computed by the weighted average price for the federal market order under which the milk is delivered.

(2) The penalty is imposed by the department giving a written notice which is either personally served upon or transmitted by certified mail, return receipt requested, to the person incurring the penalty. The notice of the civil penalty shall be a final order of the department unless, within fifteen days after the notice is received, the person incurring the penalty appeals the penalty by filing a notice of appeal with the department. If a notice of appeal is filed in a timely manner, a hearing shall be conducted on behalf of the department by the office of administrative hearings in accordance with chapters 34.05 and 34.12 RCW ((and, to the extent they are not inconsistent with this subsection, the provisions of RCW 15.36.580)). At the conclusion of the hearing, the department shall determine whether the penalty should be affirmed, and, if so, shall issue a final order setting forth the civil penalty assessed, if any. The order may be appealed to superior court in accordance with chapter 34.05 RCW. Tests performed for antibiotic, pesticide, or other drug residues by a state or certified industry laboratory of a milk sample drawn by a department official or a licensed dairy technician shall be admitted as prima facie evidence of the presence or absence of an antibiotic, pesticide, or other drug residue.

(3) Any penalty imposed under this section is due and payable upon the issuance of the final order by the department. The penalty shall be deducted by the violator's marketing organization from the violator's final payment for the month following the issuance of the final order. The department shall promptly notify the violator's marketing organization of any penalties contained in the final order.

(4) All penalties received or recovered from violations of this section shall be remitted monthly by the violator's marketing organization to the Washington state dairy products commission and deposited in a revolving fund to be used solely for the purposes of education and research. No appropriation is required for disbursements from this fund.

(5) In case of a violation of the antibiotic, pesticide, or other drug residue test requirements, an investigation shall be made to determine the cause of the residue which shall be corrected. Additional samples shall be taken as soon as possible and tested as soon as feasible for antibiotic, pesticide, or other drug residue by the department or a certified laboratory. After the notice has been received by the producer and the results of a test of such an additional sample indicate that residues are above the actionable level or levels referred to in subsection (1) of this section, the producer's milk may not be sold until a sample is shown to be below the actionable levels established for the residues.

Sec. 2. RCW 69.07.040 and 1992 c 160 s 3 are each amended to read as follows:

It shall be unlawful for any person to operate a food processing plant or process foods in the state without first having obtained an annual license from the department, which shall expire on a date set by rule by the director. License fees shall be prorated where necessary to accommodate staggering of expiration dates. Application for a license shall be on a form prescribed by the director and accompanied by the license fee. The license fee is determined by computing the gross annual sales for the accounting year immediately preceding the license year. If the license is for a new operator, the license fee shall be based on an estimated gross annual sales for the initial license period.

If gross annual sales are: The license fee is:

$0 to $50,000 $50.00

$50,001 to $500,000 $100.00

$500,001 to $1,000,000 $200.00

$1,000,001 to $5,000,000 $350.00

$5,000,001 to $10,000,000 $500.00

Greater than $10,000,000 $750.00

Such application shall include the full name of the applicant for the license and the location of the food processing plant he or she intends to operate. If such applicant is an individual, receiver, trustee, firm, partnership, association or corporation, the full name of each member of the firm or partnership, or names of the officers of the association or corporation shall be given on the application. Such application shall further state the principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant. The application shall also specify the type of food to be processed and the method or nature of processing operation or preservation of that food and any other necessary information. Upon the approval of the application by the director and compliance with the provisions of this chapter, including the applicable regulations adopted hereunder by the department, the applicant shall be issued a license or renewal thereof.

Licenses shall be issued to cover only those products, processes, and operations specified in the license application and approved for licensing. Wherever a license holder wishes to engage in processing a type of food product that is different than the type specified on the application supporting the licensee's existing license and processing that type of food product would require a major addition to or modification of the licensee's processing facilities or has a high potential for harm, the licensee shall submit an amendment to the current license application. In such a case, the licensee may engage in processing the new type of food product only after the amendment has been approved by the department.

If upon investigation by the director, it is determined that a person is processing food for retail sale and is not under permit, license, or inspection by a local health authority, then that person may be considered a food processor and subject to the provisions of this chapter. The director may waive the licensure requirements of this chapter for a person's operations at a facility if the person is licensed under chapter 15.32 RCW or has a permit under chapter 15.36 RCW to conduct the same or a similar operation at the facility.

Sec. 3. RCW 15.36.595 and 1989 c 175 s 49 are each amended to read as follows:

(1) The director of agriculture shall adopt rules imposing a civil penalty for violations of the standards for component parts of fluid dairy products which are established by RCW 15.36.030 or adopted pursuant to RCW 69.04.398. The penalty shall not exceed ten thousand dollars and shall be such as is necessary to achieve proper enforcement of the standards. The rules shall be adopted before January 1, 1987, and shall become effective on July 1, 1987.

(2) The penalty is imposed by the department giving a written notice which is either personally served upon or transmitted by certified mail, return receipt requested, to the person incurring the penalty. The notice of the civil penalty shall be a final order of the department unless, within fifteen days after the notice is received, the person incurring the penalty appeals the penalty by filing a notice of appeal with the department. If a notice of appeal is filed in a timely manner, a hearing shall be conducted on behalf of the department by the office of administrative hearings in accordance with chapters 34.05 and 34.12 RCW ((and, to the extent they are not inconsistent with this subsection, the provisions of RCW 15.36.580)). At the conclusion of the hearing, the department shall determine whether the penalty should be affirmed, reduced, or not imposed and shall issue a final order setting forth the civil penalty assessed, if any. The order may be appealed to superior court in accordance with chapter 34.05 RCW. Tests performed for the component parts of milk products by a state laboratory of a milk sample collected by a department official shall be admitted as prima facie evidence of the amounts of milk components in the product.

(3) Any penalty imposed under this section is due and payable upon the issuance of the final order by the department.

(4) All penalties received or recovered from violations of this section shall be remitted by the violator to the department and deposited in the revolving fund of the Washington state dairy products commission. One-half of the funds received shall be used for purposes of education with the remainder one-half to be used for dairy processing or marketing research, or both. No appropriation is required for disbursements from this fund.

(5) In case of a violation of the standards for the composition of milk products, an investigation shall be made to determine the cause of the violation which shall be corrected. Additional samples shall be taken as soon as possible and tested by the department.

NEW SECTION. Sec. 4. RCW 15.36.580 and 1989 c 354 s 26, 1987 c 202 s 175, 1981 c 67 s 17, & 1961 c 11 s 15.36.580 are each repealed."

Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Chandler, Ranking Minority Member; Schoesler, Assistant Ranking Minority Member; Chappell; Foreman; Grant; Karahalios; Lisk; and Roland.

Passed to Committee on Rules for second reading.

March 24, 1993

SSB 5380 Prime Sponsor, Committee on Labor and Commerce: Concerning collective bargaining for members of the Washington state patrol. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 41.56.475 and 1988 c 110 § 2 are each amended to read as follows:

In addition to the classes of employees listed in RCW 41.56.030(7), the provisions of RCW 41.56.430((, 41.56.440, and)) through 41.56.452 and RCW 41.56.470, 41.56.480, and 41.56.490 also apply to Washington state patrol officers appointed under RCW 43.43.020 as provided in this section, subject to the following:

(1) The mediator shall not consider wages and wage-related matters.

(2) ((The services of the mediator, including any per diem expenses, shall be provided by the commission without cost to the parties. Nothing in this section shall be construed to prohibit the public employer and a bargaining representative from agreeing to substitute at their own expense some other mediator or mediation procedure.

(3) If the public employer and a bargaining representative are unable to reach an agreement in mediation, either party, by written notice to the other party and to the commission, may request that the matters in dispute be submitted to a fact-finder for recommendations. If the executive director, upon the recommendation of the mediator, finds that the parties remain at an impasse after a reasonable period of negotiations, the executive director shall initiate fact-finding proceedings.

(a) The executive director shall provide the parties with a list of five persons qualified to serve as the neutral fact-finder. The parties shall without delay attempt to agree upon a fact-finder from the list provided by the commission or to agree upon some other person as a fact-finder. Upon the failure of the parties to agree upon a fact-finder within seven days after the issuance of the list, the commission shall, upon the request of either party, appoint a fact-finder. The commission shall not appoint as fact-finder the same person who acted as mediator in the dispute.

(b) The fact-finder shall promptly establish a date, time, and place to meet with the representatives of the parties and shall provide reasonable notice of the meeting to the parties to the dispute. The requirements of chapter 34.05 RCW shall not apply to fact-finding proceedings. The fact-finder shall make inquiries and investigations, hold hearings, and take such other steps as he or she deems appropriate. The fact-finder may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence.

(c) The fact-finder shall, within thirty days following the conclusion of the hearing, make written findings of fact and written recommendations to the parties as to how their dispute should be resolved. A copy shall be delivered or mailed to each of the parties to the dispute. A copy shall be filed with the commission. The findings and recommendations of the fact-finder are advisory only.

(d) The findings and recommendations of the fact-finder shall be held in confidence among the fact-finder, the public employer, the bargaining representative, and the commission for seven calendar days following their issuance, to permit the public employer and the bargaining representative to study the recommendations. No later than seven calendar days following the issuance of the recommendations of the fact-finder, each party shall notify the commission and the other party whether it accepts or rejects, in whole or in part, the recommendations of the fact-finder. If the parties remain in disagreement following the expiration of the seven-day period, the findings and recommendations of the fact-finder may be made public.

(e) The fees and expenses of the fact-finder shall be paid by the parties to the dispute, in equal amounts. All other costs of the proceeding shall be paid by the party incurring those costs. Nothing in this section prohibits an employer and an exclusive bargaining representative from agreeing to substitute, at their own expense, some other impasse procedure or from agreeing to some other allocation of the costs of fact-finding between them.)) In making its determination, the arbitration panel shall be mindful of the legislative purpose enumerated in RCW 41.56.430 and, as additional standards or guidelines to aid it in reaching a decision, shall take into consideration the following factors:

(a) The constitutional and statutory authority of the employer;

(b) Stipulations of the parties;

(c) Comparison of the hours and conditions of employment of personnel involved in the proceedings with the hours and conditions of employment of like personnel of like employers of similar size on the west coast of the United States;

(d) Changes in any of the foregoing circumstances during the pendency of the proceedings; and

(e) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of hours and conditions of employment."

Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Chandler, Assistant Ranking Minority Member; Conway; King; Springer; and Veloria.

MINORITY recommendation: Do not pass. Signed by Representatives Lisk, Ranking Minority Member and Horn.

Passed to Committee on Rules for second reading.

March 23, 1993

SSB 5430 Prime Sponsor, Committee on Trade, Technology & Economic Development: Commemorating the thirtieth anniversary of Washington's sister-state relationship with Hyogo prefecture. Reported by Committee on State Government

MAJORITY recommendation: Do pass with the following amendment:

On page 2, line 37, after "reappropriated" insert "

for the biennium ending June 30, 1995,"

Signed by Representatives Anderson, Chair; Reams, Ranking Minority Member; Vance, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King; and Pruitt.

Excused: Representative Veloria, Vice Chair.

Referred to Committee on Appropriations.

March 24, 1993

SB 5484 Prime Sponsor, Quigley: Preserving rights under prior lien laws. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 60.04 RCW to read as follows:

All rights acquired and liabilities incurred under acts or parts of act repealed by chapter 281, Laws of 1991, are hereby preserved, and all actions pending as of June 1, 1992, shall proceed under the law as it existed at the time chapter 281, Laws of 1991, took effect.

NEW SECTION. Sec. 2. This act is remedial in nature and shall be applied retroactively to June 1, 1992.

NEW SECTION. Sec. 3. 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."

Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer; and Veloria.

Passed to Committee on Rules for second reading.

March 24, 1993

ESB 5534 Prime Sponsor, Vognild: Authorizing terminal safety audits of private carriers. Reported by Committee on Transportation

MAJORITY recommendation: Do pass with the following amendment:

On page 1, beginning on line 14, strike the remainder of subsection (b) and insert "have terminal operations in the state of Washington are subject to commission jurisdiction."

Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Hansen; Horn; Johanson; J. Kohl; R. Meyers; H. Myers; Orr; Patterson; Quall; Sheldon; Shin; and Zellinsky.

Excused: Representatives Fuhrman, Heavey, Miller and Wood.

Passed to Committee on Rules for second reading.

March 25, 1993

SSB 5567 Prime Sponsor, Committee on Government Operations: Allowing benefits for emergency medical service district volunteers. Reported by Committee on Local Government

MAJORITY recommendation: Do pass with the following amendment:

On page 2, line 32, beginning with "the three" strike all the matter through "members" on line 35, and insert "three of the members of the county legislative authority or their designees, the county auditor or the auditor's designee, the head of the emergency medical service district, and one emergency worker from the emergency medical service district to be elected by the emergency workers"

Signed by Representatives H. Myers, Chair; Bray, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Rayburn; Romero; Van Luven; and Zellinsky.

Excused: Representative Springer.

Passed to Committee on Rules for second reading.

March 23, 1993

SSB 5634 Prime Sponsor, Committee on Government Operations: Requiring state agencies to submit interagency disputes to mediation before filing lawsuits. Reported by Committee on State Government

MAJORITY recommendation: Do pass with the following amendment:

On page 1, line 14, after "listed in" strike "RCW 42.17.2401" and insert "RCW 42.17.2401(1)"

Signed by Representatives Anderson, Chair; Reams, Ranking Minority Member; Vance, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King; and Pruitt.

Excused: Representative Veloria, Vice Chair.

Passed to Committee on Rules for second reading.

March 25, 1993

SB 5675 Prime Sponsor, Drew: Concerning the financing of bonds for storm water facilities. Reported by Committee on Local Government

MAJORITY recommendation: Do pass with the following amendment:

On page 1, after the enacting clause, strike the remainder of the bill and insert:

"NEW SECTION. Sec. 1. A new section is added to chapter 36.89 RCW to read as follows:

Whenever a city or town annexes an area, or a city or town incorporates an area, and the county has issued revenue bonds or general obligation bonds to finance storm water control facilities that are payable in whole or in part from rates or charges imposed in the area, the county shall continue imposing all portions of the rates or charges that are allocated to payment of the debt service on bonds in that area after the effective date of the annexation or official date of the incorporation until: (1) The debt is retired; (2) any debt that is issued to refinance the underlying debt is retired; or (3) the city or town reimburses the county amount that is sufficient to retire that portion of the debt borne by the annexed or incorporated area. The county shall construct all facilities included in the storm water plan intended to be financed by the proceeds of such bonds. If the county provides storm water management services to the city or town by contract, the contract shall consider the value of payments made by property owners to the county for the payment of debt service.

The provisions of this section apply whether or not the bonds finance facilities that are geographically located within the area that is annexed or incorporated.

NEW SECTION. Sec. 2. A new section is added to chapter 36.94 RCW to read as follows:

Whenever a city or town annexes an area, or a city or town incorporates an area, and the county has issued revenue bonds or general obligation bonds to finance storm or surface water drains or facilities that are payable in whole or in part from rates or charges imposed in the area, the county shall continue imposing all portions of the rates or charges that are allocated to payment of the debt service on bonds in that area after the effective date of the annexation or official date of the incorporation until: (1) The debt is retired; (2) any debt that is issued to refinance the underlying debt is retired; or (3) the city or town reimburses the county amount that is sufficient to retire that portion of the debt borne by the annexed or incorporated area. The county shall construct all facilities included in the storm water plan intended to be financed by the proceeds of such bonds. If the county provides storm water management services to the city or town by contract, the contract shall consider the value of payments made by property owners to the county for the payment of debt service.

The provisions of this section apply whether or not the bonds finance facilities that are geographically located within the area that is annexed or incorporated.

Sec. 3. RCW 36.89.080 and 1970 ex.s. c 30 s 7 are each amended to read as follows:

Any ((board of county commissioners)) county legislative authority may provide by resolution for revenues by fixing rates and charges for the furnishing of service to those served or receiving benefits or to be served or to receive benefits from any storm water control facility or contributing to an increase of surface water runoff. In fixing rates and charges, the ((board)) county legislative authority may in its discretion consider: (1) Services furnished or to be furnished((,)); (2) benefits received or to be received((,)); (3) the character and use of land((,)) or its water runoff characteristics; (4) the nature or type of land user; or (5) any other matters which present a reasonable difference as a ground for distinction. ((Such)) The service charges and rates collected shall be deposited in a special fund or funds in the county treasury to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating storm water control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose."

Excused: Representative Springer.

Passed to Committee on Rules for second reading.

March 25, 1993

SSJM 8005 Prime Sponsor, Committee on Natural Res: Requesting the federal government to allow the state of Washington to permanently remove certain predatory seals and sea lions. Reported by Committee on Fisheries & Wildlife

MAJORITY recommendation: Do pass with the following amendment:

On page 1, line 9, strike "absolute"

On page 1, line 10, strike "Mammals" and insert "Mammal"

Beginning on page 2, strike the remainder of the act and insert:

"WHEREAS, The well-known situation of "Herschel the sea lion," at the Ballard Locks in Seattle, is an excellent example of marine mammal predation that is seriously harming a particular anadromous fish run and which has yet to be thwarted by nonlethal means; and

WHEREAS, A long-term member of the Washington State Senate, who recently passed away, Senator A.L. "Slim" Rasmussen, had long championed the last resort solution to the "Herschel" problem, which is lethal removal; and

WHEREAS, It is time that the federal government allow lethal removal of predatory seals and sea lions in order for specific salmon and steelhead stocks to be allowed a reasonable chance to survive;

NOW, THEREFORE, Your Memorialists respectfully pray that the President and Congress recognize the wisdom of Senator A.L. "Slim" Rasmussen and modify the Marine Mammal Protection Act to: 1) authorize state or federal agencies to lethally remove, where appropriate, marine mammals causing significant damage to other valuable natural resources; 2) continue to allow individual fishers to protect their gear and catch by lethally removing animals which are not threatened or endangered; and 3) to provide a framework that allows the active management of abundant populations at stable and healthy levels determined with modern wildlife management science by federal, state and tribal management agencies.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Bill Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, the Chairs of the Senate and House Committees charged with reauthorization of the Marine Mammal Protection Act, and each member of Congress from the State of Washington."

Signed by Representatives King, Chair; Orr, Vice Chair; Sehlin, Assistant Ranking Minority Member; Basich; Chappell; Foreman; Lemmon; and Scott.

Excused: Representative Fuhrman, Ranking Minority Member.

Passed to Committee on Rules for second reading.

March 23, 1993

SJM 8017 Prime Sponsor, Jesernig: Requesting the United States Department of Energy to support the Fast Flux Test Facility at Hanford. Reported by Committee on Energy & Utilities

MAJORITY recommendation: Do pass. Signed by Representatives Grant, Chair; Finkbeiner, Vice Chair; Casada, Ranking Minority Member; Miller, Assistant Ranking Minority Member; Johanson; Kessler; Kremen; Long; and Ludwig.

Passed to Committee on Rules for second reading.

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

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

SECOND READING

With the consent of the House, the Speaker moved that the House consider Engrossed Senate Bill No. 5362 on today's second reading calendar.

ENGROSSED SENATE BILL NO. 5362, by Senators A. Smith, Niemi, Pelz, Spanel and Quigley

Requiring full disclosure of civil court proceedings relating to public hazards.

The bill was read the second time.

With the consent of the House, Representative Riley withdrew amendment No. 311 to Engrossed Senate Bill No. 5362.

The Speaker declared the House to be at ease.

The Speaker called the House to order.

Representative Sheldon moved adoption of the following amendment by Representative Sheldon:

On page 1, line 18, after "licenses." insert "As used in this section an instrumentality does not include instrumentalities from manufactures regulated by the Federal Aviation Administration."

Representatives Sheldon, Miller, Brough and Dyer spoke in favor of adoption of the amendment and Representatives Appelwick and Morris spoke against it.

Representative Fuhrman 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 18 by Representative Sheldon to Engrossed Senate Bill No. 5362 and the amendment failed the House by the following vote: Yeas - 44, Nays - 52, Absent - 0, Excused - 2.

Voting yea: Representatives Ballard, Ballasiotes, Basich, Brough, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Finkbeiner, Forner, Fuhrman, Hansen, Heavey, Horn, Johnson, R., Kremen, Lisk, Long, Meyers, R., Mielke, Miller, Morton, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven, Wood and Zellinsky - 44.

Voting nay: Representatives Anderson, Appelwick, Bray, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Fisher, G., Fisher, R., Flemming, Foreman, Grant, Holm, Jacobsen, Johanson, Johnson, L., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Linville, Locke, Ludwig, Mastin, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Romero, Rust, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 52.

Excused: Representatives Eide and Leonard - 2.

POINT OF INQUIRY

Representative Appelwick yielded to a question by Representative King.

Representative King: Representative Appelwick, is there anything in this proposal before us that would prohibit the two parties to a settlement from entering into an agreement that would seal or otherwise suppress the amount of money involved in the settlement?

Representative Appelwick: No, there is not. The legislation with or without this amendment is not intended to prohibit the sealing of the amount of settlement or judgment. It's not intended to be an advertisement of recoveries.

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 called upon the House to divide on the motion by Representative Sheldon to place Engrossed Senate Bill No. 5362 on third reading. The result of the division was 61 YEAS; 35 NAYS. Having failed to receive the necessary two-thirds vote the motion failed.

Engrossed Senate Bill No. 5362 was passed to the Committee on Rules for third reading.

HOUSE BILL NO. 1524, by Representatives Locke, Silver and Valle; by request of Office of Financial Management

Making supplemental appropriations.

The bill was read the second time.

On motion of Representative Locke, Substitute House Bill No. 1524 was substituted for House Bill No. 1524, and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 1524 was read the second time.

Representative Locke moved the following amendment by Representative Locke:

On page 2, after line 1, insert the following:

"Sec. 1. 1992 c 232 s 113 (uncodified) is amended to read as follows:

FOR THE ADMINISTRATOR FOR THE COURTS

General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((27,687,000))

27,921,000

Public Safety and Education Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,352,000

Judicial Information System Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000

Drug Enforcement and Education Account

Appropriation $ 850,000

TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((55,089,000))

55,323,000

The appropriations in this section are subject to the following conditions and limitations:

(1) $((20,850,000)) 21,084,000 of the general fund appropriation is provided solely for the superior court judges program. Of this amount, a maximum of $150,000 may be used to reimburse county superior courts for superior court judges temporarily assigned to other counties that are experiencing large and sudden surges in criminal filings. Reimbursement shall be limited to per diem and travel expenses of assigned judges.

(2) $1,744,000 of the public safety and education account appropriation is provided solely to install the district court information system (DISCIS) at forty-two district court sites. When providing equipment upgrades to an existing site, an equal amount of local matching funds shall be provided by the local jurisdictions.

(3) $217,000 of the public safety and education account appropriation is provided solely to contract with the state board for community college education to pay for court interpreter training classes in at least six community colleges for a total of at least 200 financially needy students, who shall be charged reduced tuition based on level of need. Other students may be served by charging the full tuition needed to recover costs.

(4) $688,000 of the general fund appropriation is provided solely to implement chapter 127, Laws of 1991 (Second Substitute Senate Bill No. 5127, foster care citizen review).

(5) $6,507,000 of the public safety and education account appropriation and $850,000 of the drug enforcement and education account appropriation are provided solely for the continuation of treatment-alternatives-to-street-crimes (TASC) programs in Pierce, Snohomish, Clark, King, Spokane, and Yakima counties.

(6) In implementing the cost reduction measures required by this act, the administrator for the courts may enter into agreements with other judicial agencies to make efficient and effective use of available financial resources within the judicial branch.

(7) $345,000 of the general fund--state appropriation is provided solely for implementation of Substitute House Bill No. 2459. The amount provided in this subsection is contingent on enactment of Substitute House Bill No. 2459 (superior court judges) and House Bill No. 2887 or 2997 (appellate court filing fees). If neither House Bill No. 2887 or 2997 is enacted by June 30, 1992, the amount provided in this subsection shall lapse.

(8) $10,000 of the general fund appropriation is provided solely for the jury source list task force to continue to develop methodology and standards for merging the list of registered voters with the list of licensed drivers and identicard holders to form an expanded jury source list for use in the state. The task force shall include the department of information services. By November 2, 1992, the task force shall report its recommendations to the supreme court and the appropriate committees of the legislature. However, if Substitute House Bill No. 2945 is enacted by June 30, 1992, the amount provided in this subsection is provided solely to implement the bill."

Representatives Locke and Silver spoke in favor of adoption of the amendment and it was adopted.

Representative Locke moved the following amendment by Representatives Locke and Silver:

On page 2, line 17, strike "4,350,081" and insert "4,330,000"

On page 2, line 21, strike "3,653,000" and insert "3,384,000"

Representatives Locke and Silver spoke in favor of adoption of the amendment and it was adopted.

Representative Locke moved the following amendment by Representatives Locke and Silver:

On page 5, line 15, strike "((4,467,000)) 5,207,000" and insert "4,467,000"

On page 5, line 28, strike "42,762,514" and insert "42,022,514"

On page 7, beginning on line 3, strike all of subsections 6 and 7

Representatives Locke and Silver spoke in favor of adoption of the amendment and it was adopted.

Representative Locke moved the following amendment by Representatives Locke and Silver:

On page 8, line 11, strike "202" and insert "201"

The amendment was adopted.

Representative Sheahan moved the following amendment by Representatives Sheahan and Schoesler:

On page 83, beginning on line 9, strike all material through "398,711" on line 19

On page 89, before line 3, insert the following:

"NEW SECTION. Sec. 701. A new section is added to chapter 16, Laws of 1991 sp.s. to read as follows:

FOR THE GOVERNOR--PROCUREMENT SERVICES

General Fund--State Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,092,000

Procurement Funding Revolving Account Appropriation . . . . .. . . . . . . . . . . . . . . . . . . . . $ 1,876,000

TOTAL APPROPRIATION. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,968,000

The appropriations in this section are subject to the following conditions and limitations: To facilitate payment of state procurement from special funds, the state treasurer is directed to transfer sufficient moneys from each special fund to the procurement funding revolving account, hereby created, in accordance with schedules provided by the office of financial management. The governor shall distribute the moneys appropriated in this section to agencies to pay for state procurement services."

Representative Sheahan spoke in favor of adoption of the amendment and Representative Locke spoke against it. The amendment was not adopted.

Representative Locke moved the following amendment by Representatives Locke and Sommers:

On page 5, line 16, strike "5,207,000" and insert "6,704,000"

On page 5, line 28, strike "42,762,514" and insert "44,259,514"

On page 7, after line 7, insert:

"(8) $1,497,000 of the general fund--state appropriation is provided solely for the purchasing and contract administration program within the office of state procurement in lieu of revolving fund billings paid or due from the institutions of higher education."

On page 83, beginning on line 9, strike all material through "398,711" on line 19

Representatives Locke and Sheahan 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.

Representative Locke spoke in favor of passage of the bill and Representatives Silver, Morton and Forner spoke against it.

Representative Locke again spoke in favor of passage of the bill.

The Speaker stated the question before the House to be final passage of Substitute House Bill No. 1524.

ROLL CALL

The Clerk called the roll on the final passage of Substitute House Bill No. 1524, and the bill passed the House by the following vote: Yeas - 66, Nays - 30, Absent - 0, Excused - 2.

Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Carlson, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Locke, Long, Ludwig, Mastin, 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 - 66.

Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Casada, Chandler, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Mielke, Miller, Morton, Padden, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 30.

Excused: Representatives Eide and Leonard - 2.

Substitute House Bill No. 1524, having received the constitutional majority, was declared passed.

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, Monday March 29, 1993.

BRIAN EBERSOLE, Speaker

ALAN THOMPSON, Chief Clerk