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SIXTY-SIXTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, March 17, 1993
The Senate was called to order at 8:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Barr, Moyer, Niemi and Wojahn. On motion of Senator Oke, Senators Barr and Moyer were excused. On motion of Senator Spanel, Senators Niemi and Wojahn were excused.
The Sergeant at Arms Color Guard, consisting of Pages Ben Easling and Bryce Fisher, presented the Colors. Reverend Sandra Gillogly Lee, pastor of the Unitarian Universalist Church of Olympia, offered the prayer.
MOTION
On motion of Senator Jesernig, the reading of the Journal of the previous day was dispensed with and it was approved.
ST. PATRICK'S DAY SINGER
With permission of the Senate, business was suspended to permit Senate Staff member Patrick Woods to sing Irish ballads in honor of St. Patrick's Day.
Senators Gaspard and McCaslin thanked Mr. Woods for his appropriate and entertaining songs.
MESSAGES FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENTS
February 12, 1993
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
John M. Franklin, appointed February 15, 1993, for a term ending at the Governor's pleasure, as Director of the Department of General Administration.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Government Operations.
March 4, 1993
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Senator Dean Sutherland, reappointed March 4, 1993, for a term ending June 12, 1995, as a member of the Pacific Marine Fisheries Commission.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Natural Resources.
MESSAGE FROM THE HOUSE
March 15, 1993
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1156,
HOUSE BILL NO. 1168,
HOUSE BILL NO. 1203,
SUBSTITUTE HOUSE BILL NO. 1375,
SUBSTITUTE HOUSE BILL NO. 1507,
SUBSTITUTE HOUSE BILL NO. 1543,
SUBSTITUTE HOUSE BILL NO. 1583,
SUBSTITUTE HOUSE BILL NO. 1686,
HOUSE BILL NO. 1731,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1734,
HOUSE BILL NO. 1751,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1758,
SUBSTITUTE HOUSE BILL NO. 1767,
SUBSTITUTE HOUSE BILL NO. 1792,
HOUSE BILL NO. 1804,
HOUSE BILL NO. 1832,
HOUSE BILL NO. 1842,
SUBSTITUTE HOUSE BILL NO. 1877,
SUBSTITUTE HOUSE BILL NO. 1886,
ENGROSSED HOUSE BILL NO. 1925,
HOUSE BILL NO. 1940,
SUBSTITUTE HOUSE BILL NO. 2007,
HOUSE BILL NO. 2008,
HOUSE BILL NO. 2049,
HOUSE JOINT MEMORIAL NO. 4008,
HOUSE JOINT MEMORIAL NO. 4009,
ENGROSSED SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4015, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1156 by House Committee on Local Government (originally sponsored by Representatives H. Myers, Ludwig, Scott, Riley, Cothern, R. Meyers, L. Johnson and Ogden)
Transferring county sheriff's office employees.
Referred to Committee on Government Operations.
HB 1168 by Representatives King, Chappell, Basich, Orr, Fuhrman, Flemming, Springer and Wood
Leasing beds of tidal waters.
Referred to Committee on Natural Resources.
HB 1203 by Representatives Leonard, Cooke, Riley and Wood
Modifying provisions of the department of social and health services' job training program.
Referred to Committee on Health and Human Services.
SHB 1375 by House Committee on Judiciary (originally sponsored by Representatives Brough, Appelwick, Padden, Heavey, Ballard, Ludwig, Vance, Forner, Wineberry, Jones, Roland, Horn, Casada, Sheahan, Long, Foreman, Rayburn, Brumsickle, Van Luven, Springer, Wood, Johanson, Miller, Schoesler, Reams and Silver)
Imposing liability for furnishing liquor to minors.
Referred to Committee on Law and Justice.
SHB 1507 by House Committee on Transportation (originally sponsored by Representatives Zellinsky, Ballard, Chappell, Van Luven, R. Johnson, Campbell, R. Meyers, Springer and Sheldon)
Penalizing owners of abandoned, unauthorized, or junk vehicles.
Referred to Committee on Transportation.
SHB 1543 by House Committee on Appropriations (originally sponsored by Representatives Zellinsky, Mielke, Tate, Dellwo, Scott, Sommers, G. Cole, R. Johnson, Dyer, R. Meyers, Jones and Basich)
Insuring longshore and harbor workers.
Referred to Committee on Labor and Commerce.
SHB 1583 by House Committee on Higher Education (originally sponsored by Representatives Jacobsen, Carlson, Quall, Bray, Rayburn, Kessler, J. Kohl, Shin, Wood, Basich, Ogden, Brumsickle, King, Van Luven and L. Johnson)
Clarifying eligibility requirements for state-funded benefits for part-time academic employees of community and technical colleges.
Referred to Committee on Higher Education.
SHB 1686 by House Committee on State Government (originally sponsored by Representatives Anderson, Ludwig, R. Meyers, Foreman, Dorn, Orr, Vance, Brough, Tate, Casada, Edmondson, Horn, Wood, Carlson, Ballard, Brumsickle, Ballasiotes, Van Luven, Mielke, Sheahan, Long, Thomas, Cooke, Forner, Morton and Lisk)
Defining a term for the administrative procedure act.
Referred to Committee on Government Operations.
HB 1731 by Representatives Jones, Chandler, Kessler and Brumsickle
Exempting certain public works involving electrical generating systems from bid laws.
Referred to Committee on Energy and Utilities.
ESHB 1734 by House Committee on Judiciary (originally sponsored by Representatives Appelwick, Ludwig, Dellwo, Silver, Padden, Peery, Ogden, Mastin, Scott and Johanson) (by request of Administrator for the Courts)
Adding new judges to the court of appeals.
Referred to Committee on Law and Justice.
HB 1751 by Representatives Anderson and Reams
Modifying compensation of forest practices board members.
Referred to Committee on Natural Resources.
ESHB 1758 by House Committee on Appropriations (originally sponsored by Representatives Chappell, Brumsickle, Orr, Springer, Riley and Sheldon)
Including public safety directors in the definition of "law enforcement officer."
Referred to Committee on Ways and Means.
SHB 1767 by House Committee on Higher Education (originally sponsored by Representatives Basich, Jacobsen, Brumsickle, Dellwo, Leonard, J. Kohl, Ogden, Quall, Bray, Kessler, Shin and Johanson)
Encouraging minimum standards for intercollegiate coaches at community and technical colleges.
Referred to Committee on Higher Education.
SHB 1792 by House Committee on State Government (originally sponsored by Representatives Zellinsky, Schmidt, King and Ballasiotes) (by request of Secretary of State)
Providing state flags and mementos for certain official purposes.
Referred to Committee on Government Operations.
HB 1804 by Representatives Campbell, Mastin and Flemming
Clarifying procedures for temporary remedies from agency action.
Referred to Committee on Government Operations.
HB 1832 by Representatives Dyer, R. Meyers, Mielke, Schmidt, R. Johnson, Zellinsky, Tate, Anderson, Reams, Dellwo, Foreman and Long
Regulating medical malpractice insurance.
Referred to Committee on Labor and Commerce.
HB 1842 by Representatives R. Fisher, Wood, King, Scott, Conway, Karahalios, Roland and Flemming
Authorizing exemptions from county vehicle license fees.
Referred to Committee on Transportation.
SHB 1877 by House Committee on Health Care (originally sponsored by Representatives Flemming, Eide, Mastin and Morris)
Providing for examination of nursing home care and charges.
Referred to Committee on Health and Human Services.
SHB 1886 by House Committee on Energy and Utilities (originally sponsored by Representatives Grant, Miller, Kessler, Horn, Kremen and Casada)
Authorizing the board of boiler rules to prescribe extended inspection schedules for power boilers.
Referred to Committee on Energy and Utilities.
EHB 1925 by Representatives Orr, Pruitt and King
Requiring registration of persons carrying passengers for hire on whitewater river sections.
Referred to Committee on Natural Resources.
HB 1940 by Representatives Orr, King, Springer and Morris
Establishing fishing guide licenses for Oregon residents.
Referred to Committee on Natural Resources.
SHB 2007 by House Committee on Revenue (originally sponsored by Representatives Ogden, Wood and H. Myers)
Allowing tax proceeds to be used for low-income housing.
Referred to Committee on Labor and Commerce.
HB 2008 by Representative Dunshee
Affecting withdrawal of territory by special districts.
Referred to Committee on Government Operations.
HB 2049 by Representative R. Fisher
Restructuring statutes on state participation in rail freight service.
Referred to Committee on Transportation.
HJM 4008 by Representatives Mastin, Campbell, Horn, Pruitt, Kremen and Long
Requesting a full deduction for sales taxes on federal tax returns.
Referred to Committee on Ways and Means.
HJM 4009 by Representatives R. Johnson, Quall, Veloria, Rust, Kremen and J. Kohl
Petitioning for consistency and flexibility of actions of the United States Army Corps of Engineers and the Federal Emergency Management Agency with regard to flood projects.
Referred to Committee on Natural Resources.
ESHJM 4015 by House Committee on State Government (originally sponsored by Representatives Veloria, Wineberry, Leonard, Johanson, Wang, Chandler, Miller, Wood, Shin, Quall, Rayburn, J. Kohl, Kessler, Dyer and Anderson)
Requesting the Philippines to keep its consulate open.
Referred to Committee on Trade, Technology and Economic Development.
SECOND READING
SENATE BILL NO. 5693, by Senators Vognild, Drew and Quigley
Authorizing exemptions from county vehicle license fees.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, Senate Bill No. 5693 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5693.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5693 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 45.
Excused: Senators Barr, Moyer, Niemi and Wojahn - 4.
SENATE BILL NO. 5693, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 8:28 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.
The Senate was called to order at 10:03 a.m. by President Pritchard.
SECOND READING
SENATE BILL NO. 5159, by Senators Talmadge, Owen and Fraser
Encouraging landscaping for energy conservation.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5159 was substituted for Senate Bill No. 5159 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5159 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5159.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5159 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Voting nay: Senator Prince - 1.
SUBSTITUTE SENATE BILL NO. 5159, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5310, by Senator Owen
Modifying prosecutions for trespass or waste of public lands.
MOTIONS
On motion of Senator Owen, Substitute Senate Bill No. 5310 was substituted for Senate Bill No. 5310 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 5310 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Anderson: "Senator Owen, I understand that there is a terrible problem right now with the damage and, also, I think another thing that would cover this, is people who dump garbage and create a real problem that way. The part that I am concerned about in reading this bill is on line 7 of the bill, which says, 'Every person who occupies public land is liable to the state,' and then further down it says, 'Damages recoverable under this section include the market value of occupancy.' I guess I am worried if people are camping on public land and, you know, may even bring to mind the people who don't have homes and are homeless--if they are camping on public lands--are they going to be liable to the state and have to pay damages and have to pay, basically, a rent for being there under this language?"
Senator Owen: "Well, they would if they were there without authorization and they did damage. I don't believe that the Department of Natural Resources would hold someone liable if they camped there, however, and did no damage. The purpose of this act is to get at those people who will come and do, as you say, and then damage the Department of Natural Resources facilities, equipment, trees, and cause significant damage."
Senator Anderson: "Thank you, Senator Owen, for that clarification and I certainly hope that this is the way that this is interrupted. It is meant to take care of the damage and not to harass people who are merely on public lands."
POINT OF INQUIRY
Senator Roach: "Senator Owen, in just looking at this, what is the definition of 'damages?' Is there an exact monetary--the valuation on what damages will be pursuant to this?"
Senator Owen: "The bill does not define what 'damages' are. It could be, I suspect, any amount of damage."
Senator Roach: "I am just wondering if individuals--the children of certain individuals camping were to pull off dead branches or twigs to start fires and whatnot, it could be arguable that that is damage. Could we possibly--would you allow an amendment to this bill to maybe put a set figure? I think I would like to offer one."
Senator Owen: "I'm not really sure how we would set a figure on that and the example that you used would not be, I don't think in anybody's estimation, considered damage."
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5310.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5310 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Bauer, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 40.
Voting nay: Senators Anderson, Barr, Bluechel, Cantu, Hochstatter, McDonald, Newhouse, Roach and Sellar - 9.
SUBSTITUTE SENATE BILL NO. 5310, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5411, by Senators Vognild, Prince, Prentice, Drew, Sheldon and Sellar (by request of Department of Licensing)
Modifying provisions regarding fuel taxes.
The bill was read the second time.
MOTIONS
On motion of Senator Vognild, the following Committee on Transportation amendment was adopted:
On page 3, line 28, after "penalty of" strike "((ten)) two" and insert "up to ten"
On motion of Senator Vognild, the following amendment was adopted:
On page 2, line 6, after "exports it" insert "by commercial motor vehicle as defined in RCW 82.37.020"
MOTION
On motion of Senator Vognild, the rules were suspended, Engrossed Senate Bill No. 5411 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5411.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5411 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.
ENGROSSED SENATE BILL NO. 5411, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5423, by Senators Skratek and Prince (by request of Department of Transportation)
Developing a public transportation policy plan.
The bill was read the second time.
MOTIONS
On motion of Senator Vognild, the following Committee on Transportation amendments were considered simultaneously and were adopted:
On page 2, line 2, after "services" insert "and modes"
On page 2, line 11, after "services," insert "nonmotorized interests,"
On motion of Senator Vognild, the rules were suspended, Engrossed Senate Bill No. 5423 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5423.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5423 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.
ENGROSSED SENATE BILL NO. 5423, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5596, by Senator Loveland (by request of State Treasurer)
Destroying redeemed warrants.
MOTIONS
On motion of Senator Drew, Substitute Senate Bill No. 5596 was substituted for Senate Bill No. 5596 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Drew, the rules were suspended, Substitute Senate Bill No. 5596 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5596.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5596 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.
SUBSTITUTE SENATE BILL NO. 5596, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5665, by Senators Talmadge, Prentice and Moore
Enacting the Washington state false claims act.
MOTIONS
On motion of Senator Adam Smith, Substitute Senate Bill No. 5665 was substituted for Senate Bill No. 5665 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 5665 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5665.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5665 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.
SUBSTITUTE SENATE BILL NO. 5665, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5667, by Senators Talmadge, Fraser, Moore, Sutherland, Bluechel, A. Smith and Haugen
Creating a water trail recreation program.
The bill was read the second time.
MOTION
Senator Roach moved that the following amendment be adopted:
On page 3, line 2, after "issued." insert "The casual or noncommercial user of the state-wide water trail shall be exempt from the permit requirements."
Debate ensued.
POINT OF INQUIRY
Senator Roach: "Senator Talmadge, I tried to locate a fiscal note and was unable to do so. Could you tell me what the fiscal impact will be?"
Senator Talmadge: "The fiscal impact, Senator, is the grand sum of twelve thousand five hundred dollars over a biennium."
Senator Roach: "I'm talking about the individuals who will be taxed to use the casual--"
Senator Talmadge: "Senator, that would be up to an advisory committee made up of individuals from the water trail community--the people who do ocean kayaking and ocean canoeing. Your concern, I suspect, is somewhat misplaced. The people who simply go out and kayak or use a canoe on Puget Sound do not need to pay anything. If there are individuals who want to camp someplace where they would need to stop because they are out on the water for a long period of time and actually staying somewhere overnight--for those individuals they would get this permit and have access to a guaranteed place to stop."
Senator Roach: "Well, thank you Senator Talmadge, but I do understand the intent, know it is not to stop people from casual kayaking on the body, but what it is is a fee for anyone who would want to use a campsite--every campsite. I am not sure how you would enforce this. I did inquire of OFM this morning and they said, just this morning, that a fiscal note was not available."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 3, line 2, to Senate Bill No. 5667.
The motion by Senator Roach failed and the amendment was not adopted.
MOTION
Senator Roach moved that the following amendment be adopted:
On page 3, after line 2, insert the following:
"Casual users are those who use the state-wide water trails less than five times yearly. Casual users are exempt from the provisions of this bill."
Senator Roach demanded a roll call and the demand was not sustained.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 3, after line 2, to Senate Bill No. 5667.
The motion by Senator Roach failed and the amendment was not adopted.
MOTION
On motion of Senator Fraser, the rules were suspended, Senate Bill No. 5667 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5667.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5667 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 44.
Voting nay: Senators Anderson, Cantu, Nelson, Roach and Smith, L. - 5.
SENATE BILL NO. 5667, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5695, by Senators Bauer, Gaspard, Sellar, Pelz, Drew, Prince and M. Rasmussen (by request of State Board for Community and Technical Colleges)
Changing provisions relating to GED tests.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, Senate Bill No. 5695 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5695.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5695 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.
SENATE BILL NO. 5695, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Oke, Senator Sellar was excused.
SECOND READING
SENATE BILL NO. 5876, by Senators Prentice, Skratek, Sellar, M. Rasmussen and Winsley
Extending incentives for ride sharing and vanpools.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 5876 was substituted for Senate Bill No. 5876 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Vognild, the rules were suspended, Substitute Senate Bill No. 5876 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5876.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5876 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.
Voting nay: Senators Barr, Newhouse and Smith, L. - 3.
Excused: Senator Sellar - 1.
SUBSTITUTE SENATE BILL NO. 5876, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5918, by Senators Drew, Sellar, Vognild, Bluechel and Winsley
Allowing ride-sharing incentives to include cars.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 5918 was substituted for Senate Bill No. 5918 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Vognild, the rules were suspended, Substitute Senate Bill No. 5918 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5918.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5918 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Voting nay: Senator Skratek - 1.
Excused: Senator Sellar - 1.
SUBSTITUTE SENATE BILL NO. 5918, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE JOINT MEMORIAL NO. 8016, by Senators M. Rasmussen, Spanel, Haugen, Prince, Loveland, Barr, Erwin, McDonald, Roach, Bauer, Drew, Gaspard, Skratek, McAuliffe, Sheldon, Prentice, Fraser, Rinehart, Deccio, Jesernig, Winsley, Pelz, McCaslin, Sellar, von Reichbauer, Vognild, Moyer, A. Smith, West, Franklin, Wojahn, Hochstatter, Quigley, Anderson, Amondson and Oke
Requesting investigation and reporting on the E. Coli outbreak.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Joint Memorial No. 8016 was substituted for Senate Joint Memorial No. 8016 and the substitute memorial was placed on second reading and read the second time.
On motion of Senator Rasmussen, the following amendment was adopted:
On page 2, line 22, delete "county" and insert "country"
MOTION
On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute Senate Joint Memorial No. 8016 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Joint Memorial No. 8016.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Joint Memorial No. 8016 and the joint memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Absent: Senator Newhouse - 1.
Excused: Senator Sellar - 1.
ENGROSSED SUBSTITUTE SENATE JOINT MEMORIAL NO. 8016, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 5395, by Senators Skratek and Erwin
Involving the public in transportation planning.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 5395 was substituted for Senate Bill No. 5395 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Vognild, the rules were suspended, Substitute Senate Bill No. 5395 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5395.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5395 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Voting nay: Senators Anderson and Barr - 2.
SUBSTITUTE SENATE BILL NO. 5395, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5503, by Senators Vognild, Newhouse, Sutherland, Moore, Amondson, McAuliffe, Fraser, Pelz, Cantu, Snyder, Deccio and Hochstatter
Providing injured workers with an increased incentive to return to work.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 5503 was substituted for Senate Bill No. 5503 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Vognild, the rules were suspended, Substitute Senate Bill No. 5503 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5503.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5503 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Absent: Senator Prince - 1.
SUBSTITUTE SENATE BILL NO. 5503, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Oke, Senator Prince was excused.
SECOND READING
SENATE BILL NO. 5720, by Senator Rinehart (by request of Office of Financial Management)
Repealing the natural resources conservation areas stewardship account endowment.
The bill was read the second time.
MOTION
Senator Rinehart moved that the following amendment by Senators Rinehart, Owen and McDonald be adopted:
On page 1, after line 3, insert the following:
"Sec. 1. RCW 43.84.092 and 1993 c 4 s 9 are each amended to read as follows:
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the Eastern Washington University capital projects account, the federal forest revolving account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local sales and use tax account, the medical aid account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources conservation areas stewardship account, the natural resources deposit account, the perpetual surveillance and maintenance account, the public employees' retirement system plan I account, the public employees' retirement system plan II account, the Puyallup tribal settlement account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan I account, the teachers' retirement system plan II account, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' relief and pension principal account, the volunteer fire fighters' relief and pension administrative account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan I retirement account, the Washington law enforcement officers' and fire fighters' system plan II retirement account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (2)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The central Puget Sound public transportation account, the city hardship assistance account, the county arterial preservation account, the economic development account, the essential rail assistance account, the essential rail banking account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway construction stabilization account, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the special category C account, the state patrol highway account, the transfer relief account, the transportation capital facilities account, the transportation equipment fund, the transportation fund, the transportation improvement account, and the urban arterial trust account.
(3) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section."
Renumber the remaining sections consecutively.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Rinehart, Owen and McDonald on page 1, after line 3, to Senate Bill No. 5720.
The motion by Senator Rinehart carried and the amendment was adopted.
MOTIONS
On motion of Senator Rinehart, the following title amendment was adopted:
On page 1, line 1 of the title, after "areas;" insert "amending RCW 43.84.092;"
On motion of Senator Rinehart, the rules were suspended, Engrossed Senate Bill No. 5720 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5720.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5720 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Prince - 1.
ENGROSSED SENATE BILL NO. 5720, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5580, by Senators Moore, Barr, McAuliffe, Vognild, Newhouse, Prentice, Prince, Amondson, Sutherland, Fraser, Winsley and von Reichbauer (by request of Department of Community Development)
Modifying the regulation of manufactured housing.
The bill was read the second time.
MOTIONS
On motion of Senator Williams, the following amendment by Senators Williams and Moore was adopted:
On page 4, line 3, strike all of section 6.
Renumber the remaining section
On motion of Senator Williams, the following amendment by Senators Williams and Moore was adopted:
On page 4, after line 14, insert the following new section:
"NEW SECTION. Sec. 7. This act shall expire and be of no force and effect on January 1 in any year following the failure of the United States department of housing and urban development to reimburse the state for the duties described in this act."
Renumber remaining section
MOTION
On motion of Senator Moore, the rules were suspended, Engrossed Senate Bill No. 5580 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Nelson: "Senator Moore, I notice in Section 4 of this measure that we have a fine that can be imposed by the department--a penalty not to exceed one thousand dollars for each violation up to a total of a million dollars in total fines. I am wondering whether or not this is something now that is in our state law or is this a carry-over from the federal law and The National Manufactured Housing Construction and Safety Standards Act?"
Senator Moore: "It is my understanding that we are just adopting what is already in the federal statute and we have to mention it in our legislation."
Senator Nelson: "Thank you."
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5580.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5580 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.
ENGROSSED SENATE BILL NO. 5580, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5773, by Senators Fraser and Barr
Allowing counties to establish coordinated water resources programs.
MOTIONS
On motion of Senator Sutherland, Substitute Senate Bill No. 5773 was substituted for Senate Bill No. 5773 and the substitute bill was placed on second reading and read the second time.
Senator Barr moved that the following amendments be considered simultaneously and be adopted:
On page 2, line 20, after "planning," strike "management,"
On page 3, line 1, after "enhancing," strike "and managing,"
On page 3, at the beginning of line 28, strike "and management"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Barr on page 2, line 20; page 3, line 1; and page 3, at the beginning of line 28; to Substitute Senate Bill No. 5773.
The motion by Senator Barr failed and the amendments were not adopted.
MOTION
Senator Barr moved that the following amendments be considered simultaneously and be adopted:
On page 2, line 28, after "ground water," strike "marine waters and the general aquatic ecosystem,"
On page 2, at the beginning of line 28, after "water" insert "and"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Barr on page 2, line 28, and page 2, at the beginning of line 28, to Substitute Senate Bill No. 5773.
The motion by Senator Barr failed and the amendments were not adopted.
MOTION
Senator Barr moved that the following amendment be adopted:
On page 3, at the beginning of line 23, strike "established by" and insert "stated in"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Barr on page 3, at the beginning of line 23, to Substitute Senate Bill No. 5773.
The motion by Senator Barr carried and the amendment was adopted.
MOTIONS
On motion of Senator Sutherland, the following amendment by Senators Sutherland and Barr was adopted:
On page 6, after line 28, insert the following:
"(6) This section does not apply to assessments levied under RCW 89.08.400."
On motion of Senator Sutherland, the rules were suspended, Engrossed Substitute Senate Bill No. 5773 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5773.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5773 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 18; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Winsley and Wojahn - 31.
Voting nay: Senators Amondson, Barr, Bluechel, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer and Williams - 18.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5773, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5341 and the pending amendment by Senator Nelson on page 4, after line 12, deferred March 16, 1993.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Nelson on page 4, after line 12, to Substitute Senate Bill No. 5341.
The motion by Senator Nelson carried and the amendment was adopted.
MOTIONS
On motion of Senator Adam Smith, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, after "drugs;" insert "amending RCW 46.20.285;"
On page 1, line 2 of the title, after "drugs;" strike the remainder of the title and insert "amending RCW 46.04.580, 46.20.308, 46.20.311, 46.20.311, 46.20.391, 46.61.515, and 46.68.060; adding a new section to chapter 46.61 RCW; adding new sections to chapter 46.04 RCW; adding new sections to chapter 46.20 RCW; creating new sections; prescribing penalties; providing an effective date; and declaring an emergency."
On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 5341 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5341.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5341 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Oke, Pelz, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Winsley and Wojahn - 42.
Voting nay: Senators Newhouse, Niemi, Owen, Prentice, Rinehart, Talmadge and Williams - 7.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5341, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Oke, Senator Nelson was excused.
SECOND READING
SENATE BILL NO. 5515, by Senators Prentice and Sutherland
Changing provisions relating to industrial insurance claims.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5515 was substituted for Senate Bill No. 5515 and the substitute bill was placed on second reading and read the second time.
Senator Prentice moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 51.52.130 and 1982 c 63 s 23 are each amended to read as follows:
If, on appeal to the superior or appellate court from the decision and order of the board, said decision and order is reversed or modified and additional relief is granted to a worker or beneficiary, or in cases where a party other than the worker or beneficiary is the appealing party and the worker's or beneficiary's right to relief is sustained ((by the court)), a reasonable fee for the services of the worker's or beneficiary's attorney shall be fixed by the court. In fixing the fee the court shall take into consideration the fee or fees, if any, fixed by the director and the board for such attorney's services before the department and the board. If the court finds that the fee fixed by the director or by the board is inadequate for services performed before the department or board, or if the director or the board has fixed no fee for such services, then the court shall fix a fee for the attorney's services before the department, or the board, as the case may be, in addition to the fee fixed for the services in the court. If in a worker or beneficiary appeal the decision and order of the board is reversed or modified and if the accident fund or medical aid fund is affected by the litigation ((then)), or if in an appeal by the department or employer the worker or beneficiary's right to relief is sustained, or in an appeal by a worker involving a state fund employer with twenty-five employees or less, in which the department does not appear and defend, and the board order in favor of the employer is sustained, the attorney's fee fixed by the court, for services before the court only, and the fees of medical and other witnesses and the costs shall be payable out of the administrative fund of the department. In the case of self-insured employers, ((if the decision and order of the board is reversed or modified resulting in additional benefits by the litigation that would be paid from the accident fund if the employer were not self-insured, then)) the attorney fees fixed by the court, for services before the court((,)) only, and the fees of medical and other witnesses and the costs shall be payable directly by the self-insured employer.
NEW SECTION. Sec. 2. (1) The self-insurer shall provide, when authorized under RCW 51.28.070, a copy of the employee's claim file at no cost within fifteen days of receipt of a request by the employee or the employee's representative. If the self-insured employer determines that release of the claim file to an unrepresented worker in whole or in part, may not be in the worker's best interests, the employer must submit a request for denial with an explanation along with a copy of that portion of the claim file not previously provided within twenty days after the request from the worker. In the case of second or subsequent requests, a reasonable charge for copying may be made. The self-insurer shall provide the entire contents of the claim file unless the request is for only a particular portion of the file. Any new material added to the claim file after the initial request shall be provided under the same terms and conditions as the initial request.
(2) The self-insurer shall transmit notice to the department of any protest or appeal by an employee relating to the administration of an industrial injury or occupational disease claim under this chapter within five working days of receipt. The date that the protest or appeal is received by the self-insurer shall be deemed to be the date the protest is received by the department for the purpose of RCW 51.52.050.
(3) The self-insurer shall submit a medical report with the request for closure of a claim under this chapter.
NEW SECTION. Sec. 3. The self-insurer shall request allowance or denial of a claim within sixty days from the date that the claim is filed. If the self-insurer fails to act within sixty days, the department shall promptly intervene and adjudicate the claim.
NEW SECTION. Sec. 4. Failure of a self-insurer to comply with sections 2 and 3 of this act shall subject the self-insurer to a penalty under RCW 51.48.080, which shall accrue for the benefit of the employee. The director shall issue an order conforming with RCW 51.52.050 determining whether a violation has occurred within thirty days of a request by an employee.
NEW SECTION. Sec. 5. Sections 2 through 4 of this act are each added to chapter 51.14 RCW."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Prentice to Substitute Senate Bill No. 5515.
The motion by Senator Prentice carried and the amendment was adopted.
MOTIONS
On motion of Senator Prentice, the following title amendment was adopted:
On page 1, line 2 of the title, after "claims;" strike the remainder of the title and insert "amending RCW 51.52.130; adding new sections to chapter 51.14 RCW; and prescribing penalties."
On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 5515 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
Senator Newhouse requested that Senator Prentice yield to a question, but Senator Prentice did not yield.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5515.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5515 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 19; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 29.
Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Haugen, Hochstatter, McCaslin, McDonald, Moyer, Newhouse, Oke, Owen, Prince, Sellar, Smith, L. and West - 19.
Excused: Senator Nelson - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5515, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5671, by Senators Owen, Sutherland, Amondson, Erwin, Hargrove, Oke, L. Smith and Fraser
Modifying the definition of a substantial development for the purposes of the shoreline management act.
MOTIONS
On motion of Senator Owen, Substitute Senate Bill No. 5671 was substituted for Senate Bill No. 5671 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Owen, the following amendments by Senators Spanel, Owen, Skratek, Haugen and Oke were considered simultaneously and were adopted:
On page 2, line 26, after "with" strike "((such)) the" and insert "such"
On page 2, line 28, after "with" strike "((such))" and insert "such"
On page 3, line 11, after "(A)" strike "((Any)) A" and insert "Any"
On page 3, line 14, after "(B)" strike "((Any)) An" and insert "Any"
On page 4, line 20, after "or" strike "((any)) a" and insert "any"
On page 4, line 29, after "or" strike "((any)) a" and insert "any"
On page 4, line 29, after "development" strike "((which)) that" and insert "which"
MOTION
Senator Spanel moved that the following amendment by Senators Spanel, Skratek, Fraser, and Haugen be adopted:
On page 4, line 26, after "((two))" strike "eight" and insert "three"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Spanel, Skratek, Fraser and Haugen to Substitute Senate Bill No. 5671.
The motion by Senator Spanel failed and the amendment was not adopted.
MOTIONS
On motion of Senator Owen, the following amendment was adopted:
On page 8, line 22, beginning with "This" strike everything down to and including the period on line 27, and insert the following:
"For hydraulic projects approved between January 1, 1989, and the effective date of this act for which a maintenance plan has not been submitted, the applicant may contact the department of fisheries or the department of wildlife to determine whether the conditions of the original permit are adequate for maintenance work. If the conditions of the original permit are adequate, the department shall issue a permit within fifteen days. If the original conditions are not adequate the applicant may submit a maintenance plan for review by the department. If either the department of fisheries or the department of wildlife denies approval of a maintenance plan, that department shall provide in writing a statement of the specific reasons how the maintenance plan adversely affects fish life and what changes would be necessary to adequately protect fish life and gain approval of the maintenance plan. Maintenance plans approved under this section may be approved for a period of five years and may be renewed upon request. After the effective date of this act, an applicant may apply for a hydraulic approval and a five-year maintenance plan simultaneously."
On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 5671 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5671.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5671 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Sellar, Sheldon, Smith, L., Snyder, Sutherland, Vognild, von Reichbauer, West, Williams and Winsley - 37.
Voting nay: Senators Drew, Fraser, Haugen, Niemi, Pelz, Rinehart, Roach, Skratek, Smith, A., Spanel, Talmadge and Wojahn - 12.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5671, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5850, by Senators M. Rasmussen, Loveland and Barr
Clarifying definitions relating to farmers.
MOTIONS
On motion of Senator Rasmussen, Second Substitute Senate Bill No. 5850 was substituted for Senate Bill No. 5850 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Rasmussen, the rules were suspended, Second Substitute Senate Bill No. 5850 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5850.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5850 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.
SECOND SUBSTITUTE SENATE BILL NO. 5850, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5034, by Senators Haugen and A. Smith
Authorizing rents from leased beds of navigable waters in a code city not within a port district to be paid to the municipal authority.
MOTIONS
On motion of Senator Sutherland, Substitute Senate Bill No. 5034 was substituted for Senate Bill No. 5034 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5034 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5034.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5034 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 6; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 43.
Voting nay: Senators Anderson, Barr, Bluechel, McDonald, Smith, L. and Wojahn - 6.
SUBSTITUTE SENATE BILL NO. 5034, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5879, by Senators A. Smith, Spanel, Deccio and Winsley
Conforming state law on child passenger restraint systems to the Uniform Vehicle Code.
The bill was read the second time.
MOTION
Senator Owen moved that the following amendments by Senators Owen, Sutherland and Drew be considered simultaneously and be adopted:
On page 2, line 1, after "than" strike "four" and insert "two"
On page 2, line 6, after "least" strike "four" and insert "two"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Owen, Sutherland and Drew on page 2, lines 1 and 6, to Senate Bill No. 5879.
The motion by Senator Owen carried and the amendments were adopted on a rising vote.
MOTION
Senator Roach moved that the following amendment be adopted:
On page 2, after line 24, insert a new subsection as follows:
"(4) When a child under age four is in a vehicle registered to an individual other than the child's parent or guardian the driver of the vehicle shall be exempt from this section."
Debate ensued.
Senator Roach requested that Senator Franklin yield to a question, but Senator Franklin did not yield.
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 2, after line 24, to Senate Bill No. 5879.
The motion by Senator Roach failed and the amendment was not adopted.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Engrossed Senate Bill No. 5879 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5879.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5879 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Voting nay: Senator Amondson - 1.
Absent: Senator Newhouse - 1.
ENGROSSED SENATE BILL NO. 5879, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5203, by Senators Skratek, Gaspard and Sheldon
Providing for employment and training services.
MOTIONS
On motion of Senator Skratek, Second Substitute Senate Bill No. 5203 was substituted for Senate Bill No. 5203 and the second substitute bill was placed on second reading and read the second time.
Senator Nelson moved that the following amendment be adopted:
On page 1, line 9, after "(1)" strike all material through and including "employment." on page 1, line 15, and insert "A well-trained work force generates the productivity employers need in order to compete in the global economy and to pay workers good wages."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Nelson on page 1, line 9, to Second Substitute Senate Bill No. 5203.
The motion by Senator Nelson failed and the amendment was not adopted on a rising vote.
MOTION
Senator Bluechel moved that the following amendment be adopted:
On page 2, beginning on line 10, strike all material through "citizens." on line 24
Debate ensued.
POINT OF INQUIRY
Senator Anderson: "Senator Skratek, I was talking with people from my local technical college yesterday and quite frankly, in reading the bill, they were very concerned that the money that we intend to go to them, may in fact, never get there. As I read over this bill, trying to determine where it guarantees that, as we talk about this bill, that the technical and community colleges are going to be the ones assisting us in this training, I'm not sure that I see that that guarantee is there. They are very nervous that they are never going to get the money that we are promising in this bill. Is there any other language except for in Section 5 of the bill that guarantees that the technical colleges will get some of this workforce training money that we are now talking about them being a part of?"
Senator Skratek: "Well, Senator Anderson, this somewhat deviates from the issue that is in front of us at the moment and I am astonished to hear that your community college has this concern being raised at this late date. The large, and in fact, I thought, indeed, a hundred percent of the community colleges were supporting this particular bill. I would have to say that you would have to take a good look at it, because I think there are appropriate references throughout the bill as to how the money will be delegated to the community colleges and that it will be occurring through the workforce training board and, I think, we have built in the appropriate safeguards.
"We have, also, built in an annual evaluation to make sure that, indeed, this is occurring, because there were people that were concerned about a variety of things within this bill and making sure that we have the check points that were appropriate. I think we have taken care of the concerns if, indeed, there are legitimate concerns being raised. I do not think they have to worry. That money will be coming to them."
Further debate ensued.
Senator Nelson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Bluechel on page 2, beginning on line 10, to Second Substitute Senate Bill No. 5203.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 21; Nays, 28; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., Vognild, von Reichbauer, West and Winsley - 21.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Williams and Wojahn - 28.
MOTION
Senator Deccio moved that the following amendment be adopted:
On page 2, line 26, after "to" strike "create an employment and training trust fund" and insert "levy new and additional taxes on Washington state businesses"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Deccio on page 2, line 26, to Second Substitute Senate Bill No. 5203.
The motion by Senator Deccio failed and the amendment was not adopted.
MOTION
Senator Deccio moved that the following amendments be considered simultaneously and be adopted:
On page 3, line 5, after "January 1," strike "1994" and insert "1996"
On page 4, line 12, before "seventy-eight" strike "1994" and insert "1996"
On page 4, line 12, after "year" strike "1995" and insert "1997"
On page 4, line 13, after "year" strike "1996" and insert "1998"
On page 4, line 14, after "year" strike "1997" and insert "1999"
On page 15, line 18, after "years" strike "1994 and 1995" and insert "1996 and 1997"
On page 15, line 19, after "rate year" strike "1996" and insert "1998"
On page 15, line 19, after "for rate year" strike "1997" and insert "1999"
On page 15, line 20, after "year" strike "1998" and insert "2000"
On page 16, line 23, after "Year" strike "1994" and insert "1996"
On page 17, line 32, after "Year" strike "1995" and insert "1997"
On page 18, line 21, after "Year" strike "1996" and insert "1998"
On page 19, line 10, after "Year" strike "1997" and insert "1999"
On page 19, line 36, after "Year" strike "1998" and insert "2000"
On page 28, line 23, strike "1995" and insert "1997"
On page 28, line 25, after "September 1, " strike "1994" and insert "1996"
On page 28, line 34, after "September 1," strike "1994" and insert "1996"
On page 29, line 6, after "December 31," strike "1997" and insert "1999"
On page 29, line 8, after "January 1," strike "1998" and insert "2000"
On page 29, line 24, after "year" strike "1994" and insert "1996"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Deccio on page 3, line 5; page 4, lines 12(2), 13, 14; page 15, lines 18, 19(2), 20; page 16, line 23; page 17, line 32; page 18, line 21; page 19, lines 10, 36; page 28, lines 23, 25, 34; page 29, lines 6, 8, 24; to Second Substitute Senate Bill No. 5203.
The motion by Senator Deccio failed and the amendments were not adopted on a rising vote.
Senator Deccio demanded a roll call.
REMARKS BY THE PRESIDENT
President Pritchard: "Well, it already failed Senator, and I hit the gavel. I'm sorry, I don't think we can call a roll call after it has been decided. I'm sorry, you have to get in there before I hit it."
MOTION
Senator Bluechel moved that the following amendment be adopted:
On page 4, after line 2, strike all of section 3 through and including "50.24.010." on line 15.
Debate ensued.
Senator Nelson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Bluechel on page 4, after line 2, to Second Substitute Senate Bill No. 5203.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., Vognild, von Reichbauer, West and Winsley - 22.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moyer, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Williams and Wojahn - 27.
MOTION
On motion of Senator Jesernig, further consideration of Second Substitute Senate Bill No. 5203 was deferred.
MOTION
On motion of Senator Jesernig, the Senate commenced consideration of Senate Bill No. 5334.
SECOND READING
SENATE BILL NO. 5334, by Senators West and Moyer
Requiring bicycle helmets.
The bill was read the second time.
MOTION
Senator Jesernig moved that the following amendments be considered simultaneously and be adopted:
On page 1, line 16, before "bicyclists" strike "all"
On page 1, line 19, after "for" strike "all"
On page 1, line 19, after "passengers" insert "under age eighteen"
On page 2, line 2, after "helmets" strike "by all ages"
On page 2, line 9, after "person" insert "under age eighteen"
On page 2, line 18, after "transport a person" insert "under age eighteen"
On page 2, line 34, after "by a person" insert "under age eighteen"
Debate ensued.
Senator Nelson demanded a roll call and the demand was not sustained.
The President declared the question before the Senate to be the adoption of the amendments by Senator Jesernig on page 1, lines 16, 19(2); and page 2, lines 2, 9, 18, and 34, to Senate Bill No. 5334.
The motion by Senator Jesernig failed and the amendments were not adopted on a rising vote.
MOTION
On motion of Senator Jesernig, the rules were suspended, Senate Bill No. 5334 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5334.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5334 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Bluechel, Deccio, Erwin, Franklin, Fraser, Haugen, McAuliffe, McDonald, Moore, Moyer, Nelson, Niemi, Oke, Prentice, Prince, Rinehart, Sheldon, Smith, A., Spanel, Sutherland, Talmadge, von Reichbauer, West, Winsley and Wojahn - 27.
Voting nay: Senators Amondson, Barr, Cantu, Drew, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McCaslin, Newhouse, Owen, Pelz, Quigley, Rasmussen, M., Roach, Sellar, Skratek, Smith, L., Snyder, Vognild and Williams - 22.
SENATE BILL NO. 5334, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5739, by Senators Moore, Anderson, Oke and Winsley
Concerning the regulation of small businesses.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 5739 was substituted for Senate Bill No. 5739 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Moore, the rules were suspended, Substitute Senate Bill No. 5739 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5739.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5739 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 49.
SUBSTITUTE SENATE BILL NO. 5739, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5794, by Senators Moore, Amondson and Jesernig
Forbidding an agency from adopting a rule that will infringe on a business right unless specific guidelines are met.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 5794 was substituted for Senate Bill No. 5794 and the substitute bill was placed on second reading and read the second time.
Senator Wojahn moved that the following amendment by Senators Wojahn and McCaslin be adopted:
On page 2, line 32, after "guideline," insert "declaratory ruling,"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Wojahn and McCaslin on page 2, line 32, to Substitute Senate Bill No. 5794.
The motion by Senator Wojahn carried and the amendment was adopted.
MOTIONS
On motion of Senator Moore, the following amendment was adopted:
On page 4, beginning on line 8, strike all of section 4
Renumber the remaining sections consecutively and correct internal references accordingly
On motion of Senator Moore, the following amendment was adopted:
On page 7, line 3, beginning with "(1)" strike all material through "10;"
Renumber remaining subsections consecutively and correct internal references accordingly
MOTIONS
On motion of Senator Wojahn, the following amendment by Senators Wojahn and Moore was adopted:
On page 6, line 5, after "fee" insert ", by providing an opportunity for public review and comment on the program budget and instituting cost accounting measures to track revenues and expenditures"
On motion of Senator Moore, the following amendment was adopted:
On page 7, after line 5, insert the following:
"NEW SECTION. Sec. 8. 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."
MOTIONS
Senator Deccio moved that the following amendment by Senators Deccio, Nelson, McCaslin, Oke, Winsley, Erwin and Sellar be adopted:
On page 1, after line 4, strike all of sections 1 and 2 and insert the following:
"Sec. 1. RCW 34.05.620 and 1988 c 288 s 602 are each amended to read as follows:
(1) The rules review committee shall maintain a continuous review of all rules proposed under RCW 34.05.320 to determine whether:
(a) The rule is within the intent of the legislature as expressed in the statute that the rule implements;
(b) The rule has been adopted in accordance with all applicable provisions of law, including section 6 of this act and chapter 19.85 RCW; and
(c) The statute that the rule purports to implement has been repealed or ruled invalid by the courts.
(2) Whenever a majority of the members of the rules review committee determines that a proposed rule is not within the intent of the legislature as expressed in the statute which the rule implements, or that an agency may not be adopting a proposed rule in accordance with all applicable provisions of law, including section 6 of this act and chapter 19.85 RCW, the committee shall give the affected agency and the governor written notice of its decision. The notice shall be given at least seven days prior to any hearing scheduled for consideration of or adoption of the proposed rule pursuant to RCW 34.05.320. The notice shall include a statement of the review committee's findings and the reasons therefor. When the agency holds a hearing on the proposed rule, the agency shall consider the review committee's decision.
(3) The rules review committee shall use existing legislative staff for the purposes of assisting the committee's reviewing of rules under this section.
Sec. 2. RCW 34.05.630 and 1988 c 288 s 603 are each amended to read as follows:
(1) All rules required to be filed pursuant to RCW 34.05.380, and emergency rules adopted pursuant to RCW 34.05.350, are subject to ((selective)) review by the legislature.
(2) The rules review committee may review an agency's use of policy statements, guidelines, and issuances that are of general applicability, or their equivalents to determine whether or not an agency has failed to adopt a rule.
(3) If the rules review committee finds by a majority vote of its members: (a) That an existing rule is not within the intent of the legislature as expressed by the statute which the rule implements, (b) that the rule has not been adopted in accordance with all applicable provisions of law, ((or)) including section 6 of this act and chapter 19.85 RCW, (c) that the statute that the rule purports to implement has been repealed or ruled invalid by the courts, or (d) that an agency is using a policy statement, guideline, or issuance in place of a rule, the agency affected shall be notified of such finding and the reasons therefor. Within thirty days of the receipt of the rules review committee's notice, the agency shall file notice of a hearing on the rules review committee's finding with the code reviser and mail notice to all persons who have made timely request of the agency for advance notice of its rule-making proceedings as provided in RCW 34.05.320. The agency's notice shall include the rules review committee's findings and reasons therefor, and shall be published in the Washington state register in accordance with the provisions of chapter 34.08 RCW.
(4) The agency shall consider fully all written and oral submissions regarding (a) whether the rule in question is within the intent of the legislature as expressed by the statute which the rule implements, (b) whether the rule was adopted in accordance with all applicable provisions of law, including section 6 of this act and chapter 19.85 RCW, or (c) whether the agency is using a policy statement, guideline, or issuance in place of a rule."
Senator Wojahn moved that the following amendment by Senators Wojahn and Moore to the amendment be adopted:
On page 2, line 31 of the amendment, after "guideline," insert "declaratory ruling,"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Wojahn and Moore on page 2, line 31, to the amendment by Senators Deccio, Nelson, McCaslin, Oke, Winsley, Erwin and Sellar on page 1, after line 4, to Substitute Senate Bill No. 5794.
The motion by Senator Wojahn carried and the amendment to the amendment was adopted.
The President declared the question before the Senate to be the adoption of the amendment by Senators Deccio, Nelson, McCaslin, Oke, Winsley, Erwin and Sellar on page 1, after line 4, as amended, to Substitute Senate Bill No. 5794.
The motion by Senator Deccio carried and the amendment, as amended, was adopted.
MOTIONS
On motion of Senator Jesernig, the following title amendment was adopted:
On page 1, line 3 of the title, strike "34.05.660, 34.05.670," and insert "34.05.670
On motion of Senator Moore, the rules were suspended, Engrossed Substitute Senate Bill No. 5794 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5794.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5794 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Voting nay: Senators Fraser and Talmadge - 2.
Absent: Senator Vognild - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5794, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5568, by Senators Jesernig, Amondson, Bauer, Roach, Moore, McDonald, Owen, Skratek, Snyder, Hargrove, M. Rasmussen, West, Hochstatter, Loveland, Vognild, Pelz, McAuliffe, Winsley, Deccio, Anderson, Erwin, Barr, Drew, Oke, Sheldon, Cantu, Bluechel, von Reichbauer and Quigley
Restricting the duration of agency rules.
MOTION
Senator Jesernig moved that Senate Bill No. 5568 not be substituted.
The President declared the question before the Senate to be the motion by Senator Jesernig that Senate Bill No. 5568 not be substituted.
The motion by Senator Jesernig carried and Senate Bill No. 5568 was not substituted.
Senate Bill No. 5568 was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, Senate Bill No. 5568 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5568.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5568 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Vognild, von Reichbauer, West, Winsley and Wojahn - 41.
Voting nay: Senators Fraser, Niemi, Prentice, Rinehart, Skratek, Sutherland, Talmadge and Williams - 8.
SENATE BILL NO. 5568, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SPECIAL ORDER OF BUSINESS
On motion of Senator Jesernig, Senate Bill No. 5306 will be made a special order of business at 4:55 p.m. today.
MOTION
On motion of Senator Jesernig, and there being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 5203, deferred earlier today.
PERSONAL PRIVILEGE
Senator Deccio: "A point of personal privilege, Mr. President. In the midst of all the Irish malarkey today about St. Patrick's Day, we need to be reminded that St. Patrick was an Italian who got lost while going north. In order to not be outdone, Senator Rosemary Veamonti, Senator Marguerite Lopez and Senator Alex Deccio would like to announce that there will be a taco and spaghetti feed to be held at St. Anthony's Catholic Church in Olympia--formerly St. Michael's--and the date will be announced later. Mr. President, if you are there, we are going to award you the order of the lasagna. Thank you."
MOTION
Senator McDonald moved that the following amendments be considered simultaneously and be adopted:
On page 5, beginning on line 14, strike "(6)" through and including "employment;" on line 16
On page 5, beginning on line 22, strike "(9)" through and including "technology" on line 26
Renumber the subsections consecutively.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator McDonald on page 5, beginning on line 14, and page 5, beginning on line 22, to Second Substitute Senate Bill No. 5203.
The motion by Senator McDonald carried and the amendments were adopted.
MOTION
Senator Bluechel moved that the following amendment be adopted:
On page 4, beginning on line 37, after "solely for" strike all material through "technology" on page 5, line 26, and insert "providing training and related support services to individuals who have been terminated or have received a notice of termination from employment, and who are eligible for or have exhausted their entitlement to unemployment compensation benefits within the previous twenty-four months"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Bluechel on page 4, beginning on line 37, to Second Substitute Senate Bill No. 5203.
The motion by Senator Bluechel failed and the amendment was not adopted on a rising vote.
MOTION
Senator Bluechel moved that the following amendment be adopted:
On page 5, line 31, after "system" delete "may" and insert "shall"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Bluechel on page 5, line 31, to Second Substitute Senate Bill No. 5203.
The motion by Senator Bluechel failed and the amendment was not adopted.
MOTION
Senator Erwin moved that the following amendment be adopted:
On page 5, line 32, after "services" insert "and with employers, associations, or unions,"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Erwin on page 5, line 32, to Second Substitute Senate Bill No. 5203.
The motion by Senator Erwin carried and the amendment was adopted.
MOTION
Senator Erwin moved that the following amendment be adopted:
On page 6, line 3, after "board" strike "for consistency with their work force priorities" and insert ". At least two business representatives and two labor representatives must vote for approval before any funds are spent"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Erwin on page 6, line 3, to Second Substitute Senate Bill No. 5203.
The motion by Senator Erwin failed and the amendment was not adopted.
MOTION
Senator Bluechel moved that the following amendments be considered simultaneously and be adopted:
On page 28, beginning on line 12, strike all of subsection (1), and insert the following:
"(1) The board shall conduct an annual evaluation of: (a) The state board for community and technical colleges in carrying out the purposes of chapter . . ., Laws of 1993 (this act); (b) the outcomes of the services provided by the state board for community and technical colleges under chapter . . ., Laws of 1993 (this act); and (c) the long-term impact of the services provided by the state board for community and technical colleges under chapter . . ., Laws of 1993 (this act) on service recipients. The board shall give the first annual evaluation to the appropriate standing committees of the legislature by January 1, 1995."
On page 28, beginning on line 24, after "(2)" strike all material through "(3)" on line 33
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Bluechel on page 28, beginning on line 12, and page 28, beginning on line 24, to Second Substitute Senate Bill No. 5203.
The motion by Senator Bluechel failed and the amendments were not adopted.
MOTION
Senator Hochstatter moved that the following amendment be adopted:
On page 2, after line 24, strike all material through and including "1994." on page 29, line 24, and insert the following:
"Therefore, the legislature finds it necessary and in the public interest to provide state funding for employment and training services.
NEW SECTION. Sec. 2.
The sum of twenty-six million dollars, or as much thereof as may be necessary, is appropriated from the general fund-state to the state board for community and technical colleges for the biennium ending June 30, 1995, to carry out training and related support services under this act. Of the amount appropriated by this section, twenty-three million three hundred thousand dollars shall provide for training enrollments, two million dollars shall provide for child care for dependents of individuals being trained under this section, and seven hundred thousand dollars shall provide for transportation costs to individuals being trained under this act."Debate ensued.
POINT OF ORDER
SPECIAL ORDER OF BUSINESS
Senator Jesernig: "Mr. President, I rise to a point of order. We have now reached the time of 4:56 p.m. for the Special Order of Business on Senate Bill No. 5306."
PARLIAMENTARY INQUIRY
Senator Snyder: "Mr. President, a point of parliamentary inquiry. Will we be able to continue action on 5203 after we finish the business on 5306?"
REPLY BY THE PRESIDENT
President Pritchard: "That is my understanding. Yes, we will."
SECOND READING
SENATE BILL NO. 5306, by Senators Pelz, Gaspard, Moyer, Rinehart, McAuliffe, Spanel, A. Smith, Winsley, Skratek and Drew (by request of Council on Education Reform and Funding)
Reforming education.
MOTIONS
On motion of Senator Pelz, Second Substitute Senate Bill No. 5306 was substituted for Senate Bill No. 5306 and the second substitute bill was placed on second reading and read the second time.
Senator Moyer moved that the following amendment be adopted:
On page 2, line 5, after "lives." insert "Although schools, parents, and communities shall strive together in this mission, the legislature still believes that the primary functions of school and home differ: Ideally, school is where children learn to learn; home is where they learn to live."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Moyer on page 2, line 5, to Second Substitute Senate Bill No. 5306.
The motion by Senator Moyer carried and the amendment was adopted.
MOTION
Senator Cantu moved that the following amendment be adopted:
On page 2, beginning on line 8, after "community." strike all material through "age." on line 10
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Cantu on page 2, beginning on line 8, to Second Substitute Senate Bill No. 5306.
The motion by Senator Cantu carried and the amendment was adopted.
MOTION
Senator Hochstatter moved that the following amendment be adopted:
On page 2, line 21, after "be" strike "equal" and insert "primary"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 2, line 21, to Second Substitute Senate Bill No. 5306.
The motion by Senator Hochstatter carried and the amendment was adopted.
MOTION
Senator Hochstatter moved that the following amendment be adopted:
On page 2, line 25, after "(3)" strike all material through and including "for students." on page 2, line 27
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 2, line 25, to Second Substitute Senate Bill No. 5306.
The motion by Senator Hochstatter carried and the amendment was adopted.
MOTION
Senator Hochstatter moved that the following amendment be adopted:
On page 2, line 34, after "achievement." insert "In addition to a focused mission, other areas of paramount concern in school shall be the maintenance of order; the spending of time on the tasks; and maintenance of high expectations for all students."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 2, line 34, to Second Substitute Senate Bill No. 5306.
The motion by Senator Hochstatter carried and the amendment was adopted.
MOTION
Senator Anderson moved that the following amendment be adopted:
On page 4, after line 28, insert the following:
"(6) For schools not authorized or choosing to participate in the performance-based education system developed under RCW 28A.630.885, sections 501 through 507, chapter 141, Laws of 1992 shall not apply."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Anderson on page 4, after line 28, to Second Substitute Senate Bill No. 5306.
The motion by Senator Anderson carried and the amendment was adopted.
MOTION
Senator Hochstatter moved that the following amendments be considered simultaneously and be adopted:
On page 4, beginning on line 31, after "201." strike all material through "communities." on page 5, line 13, and insert "The legislature finds that it should ensure that Washington's young are grounded in knowledge, appreciation, and understanding of our culture and those ideas and events that caused the birth of our nation, for a popular government without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps, both. The legislature finds that knowledge will forever govern ignorance; and a people who mean to be their own governors, must arm themselves with the power that knowledge gives.
The following student learning goals for Washington's primary and secondary students are supported by the legislature. Students shall be able to perform the following:
(1) A solid core academic curriculum that can truly be described as being rich in content, tough, solid, and stringent;
(2) Reading skills taught using the intensive phonics method, a method that research has proven best develops reading literacy and dramatically decreases the need for remediation;
(3) Reading comprehension using selections that are challenging and exciting using compelling narrative and telling things that matter, such as myths, fables, tales of heroes, drama, as well as examples of graceful and elegant use of the English language;
(4) Essay and theme writing;
(5) Penmanship;
(6) Classical literature;
(7) Basic arithmetic skills with an emphasis on mental and written computation and memorization as well as strategies for solving complicated math problems;
(8) Math and sciences with basic concepts taught in the elementary grades;
(9) Geography, beginning with the borders of the United States;
(10) History and civics including American history, western civilization, principles of American democracy, and world history;
(11) Economics, with an emphasis on the benefits of the free-market economic system in comparison to other economic systems;
(12) Foreign languages;
(13) Computer literacy;
(14) Fine arts; and
(15) Physical education and health."
On page 5, after line 21, strike all of section 203
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Hochstatter on page 4, line 31, and page 5, after line 21, to Second Substitute Senate Bill No. 5306.
The motion by Senator Hochstatter failed and the amendments were not adopted.
MOTION
Senator Cantu moved that the following amendments be considered simultaneously and be adopted:
On page 4, beginning on line 32, after "students" strike all material through "funding," on line 33
On page 5, beginning on line 4, after "(1)" strike all material through "communities." on line 13 and insert "Read, write, speak, listen, compute in order to communicate effectively and responsibly in a variety of ways and settings. This goal is established as the primary mission of the public schools;
(2) Know and apply the basic elements and principles of English, mathematics, science, history, geography, government, foreign languages, arts, health, and fitness;
(3) Be able to think critically and creatively using the knowledge and skills gained from goals one and two from subsections (1) and (2) of this section to form reasoned judgments, solve problems, and resolve conflicts;
(4) Appreciate their own worth and importance and have the character to be accountable for themselves and to act responsibly toward others. This goal is the primary responsibility of families but can be assisted by schools, work groups, and communities.
It is the intent of the legislature that all students should demonstrate acquisition of these goals when they graduate from the public schools through an assessment system that is valid and reliable and has the confidence of the communities served."
Debate ensued.
Senator McDonald demanded a roll call and the demand was sustained.
MOTION
On motion of Senator Spanel, Senator Niemi was excused.
The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Cantu on page 4, beginning on line 32, and page 5, beginning on line 4, to Second Substitute Senate Bill No. 5306.
ROLL CALL
The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 21; Nays, 26; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Erwin, Hargrove, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 21.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 26.
Absent: Senator Deccio - 1.
Excused: Senator Niemi - 1.
MOTION
Senator Anderson moved that the following amendment by Senators Anderson, McDonald, Nelson and Hochstatter be adopted:
On page 5, line 16, after "funding." insert "Of these goals, goal two, in section 201(2) of this act, shall be primary. The legislature finds that from achievement of goal two, achievement of the other goals might follow. The legislature finds that students must above all else achieve mastery of knowledge and skills in core areas of reading, writing, speaking, science, history, geography, and mathematics. The legislature also finds that families and communities bear the primary responsibility for seeing that children function as caring and responsible members of families, work groups, and communities."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Anderson, McDonald, Nelson and Hochstatter on page 5, line 16, to Second Substitute Senate Bill No. 5306.
The motion by Senator Anderson carried and the amendment was adopted.
MOTION
Senator Moyer moved that the following amendment be adopted:
On page 7, line 17, after "1993." insert "At least one of the two members to be appointed no later than July 1, 1993, shall represent approved private schools under RCW 28A.195.010."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Moyer on page 7, line 17, to Second Substitute Senate Bill No. 5306.
The motion by Senator Moyer failed and the amendment was not adopted on a rising vote.
MOTION
Senator Anderson moved that the following amendment by Senators Anderson, McDonald and Nelson be adopted:
On page 8, line 17, after "world." insert "In developing essential learning requirements and standards, the commission shall give effect to the legislature's intent (i) that student learning goal two is primary to the other goals; and (ii) that students must achieve world class knowledge and skills in core areas of reading, writing, speaking, science, history, geography, and mathematics."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Anderson, McDonald and Nelson on page 8, line 17, to Second Substitute Senate Bill No. 5306.
The motion by Senator Anderson carried and the amendment was adopted.
MOTION
Senator Anderson moved that the following amendment by Senators Anderson, McDonald, Nelson and Hochstatter be adopted:
On page 9, line 34, after "education students" strike all material through "status" on line 35
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Anderson, McDonald, Nelson and Hochstatter on page 9, line 34, to Second Substitute Senate Bill No. 5306.
The motion by Senator Anderson failed and the amendment was not adopted.
MOTION
Senator McDonald moved that the following amendment by Senators McDonald and Anderson be adopted:
On page 9, line 34, after "students" strike "and students who have demonstrated gaps in learning based on students'" and insert "to accommodate a student's inability to understand examination questions based upon the student's"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators McDonald and Anderson on page 9, line 34, to Second Substitute Senate Bill No. 5306.
The motion by Senator McDonald failed and the amendment was not adopted.
MOTION
Senator Cantu moved that the following amendments be considered simultaneously and be adopted:
On page 10, line 16, after "(h)))" insert "Establish a center the primary role of which is to plan, implement, and evaluate a high quality professional development process. The quality schools center shall: Have an advisory council composed of educators, parents, and community and business leaders; use best practices research regarding instruction, management, curriculum development, and assessment; coordinate its activities with the office of the superintendent of public instruction and the state board of education; employ and contract with individuals who have a commitment to reform; prepare a six-year plan to be updated every two years; and be able to accept resources and funding from private and public sources;
(f)"
On page 10, line 23, after "(((i)))" strike "(f)" and insert "(g)"
On page 10, line 29, after "(((j)))" strike "(g)" and insert "(h)"
On page 11, line 1, after "(((k)))" strike "(h)" and insert "(i)"
On page 11, line 4, after "(((l)))" strike "(i)" and insert "(j)"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Cantu on page 10, lines 16, 23 and 29, and page 11, lines 1 and 4, to Second Substitute Senate Bill No. 5306.
The motion by Senator Cantu failed and the amendments were not adopted on a rising vote.
MOTION
Senator Anderson moved that the following amendments be considered simultaneously and be adopted:
On page 10, line 23, after "(f)" insert "By December 1, 1994, develop alternatives for grade designations in elementary grades;
(g)"
On page 10, line 29, after "(((j)))" strike "(g)" and insert "(h)"
On page 11, line 1, after "(((k)))" strike "(h)" and insert "(i)"
On page 11, line 4, after "(((l)))" strike "(i)" and insert "(j)"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Anderson on page 10, lines 23 and 29, page 11, lines 1 and 4, to Second Substitute Senate Bill No. 5306.
The motion by Senator Anderson failed and the amendments were not adopted.
MOTION
Senator Cantu moved that the following amendment be adopted:
On page 12, line 2, after "program" insert "that significantly improves student learning"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Cantu on page 12, line 2, to Second Substitute Senate Bill No. 5306.
The motion by Senator Cantu failed and the amendment was not adopted.
MOTION
Senator Moyer moved that the following amendment be adopted:
On page 12, line 12, after "districts" insert "shall authorize their schools to participate in the performance-based education system under RCW 28A.630.885, and"
Debate ensued.
Senator Moyer demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Moyer on page 12, line 12, to Second Substitute Senate Bill No. 5306.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 20; Nays, 27; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 20.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild and Williams - 27.
Absent: Senator Wojahn - 1.
Excused: Senator Niemi - 1.
MOTION
Senator Cantu moved that the following amendment be adopted:
On page 12, line 23, after "(5)" insert "To be eligible for staff development program grants, districts must provide twenty-five percent local matching funds.
(6)"
Renumber the remaining subsections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Cantu on page 12, line 23, to Second Substitute Senate Bill No. 5306.
The motion by Senator Cantu failed and the amendment was not adopted.
MOTION
Senator McDonald moved that the following amendment by Senators McDonald and Nelson be adopted:
On page 12, after line 29, insert the following:
"(7) The staff development grant program shall be renewable only if used as follows: (a) The second grant must be used to fund at least two additional student contact days in addition to three in-service days; (b) the third grant must be used to fund at least three additional student contact days in addition to two in-service days; (c) the fourth grant shall be used to fund at least four additional student contact days in addition to one in-service day; (d) the fifth and any further grants must be used to fund five additional student contact days only."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators McDonald and Nelson on page 12, after line 29, to Second Substitute Senate Bill No. 5306.
The motion by Senator McDonald failed and the amendment was not adopted on a rising vote.
MOTION
Senator Hochstatter moved that the following amendment be adopted:
On page 13, line 1, after "(b)" insert "Procedures for termination of the existence of the school site-based council or certain authority delegated to the school site-based council;
(c)"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 13, after line 1, to Second Substitute Senate Bill No. 5306.
The motion by Senator Hochstatter failed and the amendment was not adopted.
MOTION
On motion of Senator Oke, Senator McCaslin was excused.
MOTION
Senator Anderson moved that the following amendments by Senators Anderson and Nelson be considered simultaneously and be adopted:
Beginning on page 13, after line 11, strike everything through "balanced." on page 14, line 36
Renumber remaining parts and sections consecutively and correct internal references accordingly.
On page 37, line 11, after "202" strike ", 502,"
On page 37, line 14, strike all of subsection (5) and renumber the remaining subsections consecutively.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Anderson and Nelson on page 13, after line 11, and page 37, lines 11 and 14, to Second Substitute Senate Bill No. 5306.
The motion by Senator Anderson failed and the amendments were not adopted.
MOTION
On motion of Senator Oke, Senator Amondson was excused.
MOTION
Senator Cantu moved that the following amendment be adopted:
On page 16, after line 5, insert the following:
"Sec. 602. RCW 28A.405.210 and 1990 c 33 s 390 are each amended to read as follows:
No teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with a school district, hereinafter referred to as "employee", shall be employed except by written order of a majority of the directors of the district at a regular or special meeting thereof, nor unless he or she is the holder of an effective teacher's certificate or other certificate required by law or the state board of education for the position for which the employee is employed.
The board shall make with each employee employed by it a written contract, which shall be in conformity with the laws of this state, and except as otherwise provided by law, limited to a term of not more than one year. Every such contract shall be made in duplicate, one copy to be retained by the school district superintendent or secretary and one copy to be delivered to the employee. No contract shall be offered by any board for the employment of any employee who has previously signed an employment contract for that same term in another school district of the state of Washington unless such employee shall have been released from his or her obligations under such previous contract by the board of directors of the school district to which he or she was obligated. Any contract signed in violation of this provision shall be void.
In the event it is determined that there is probable cause or causes that the employment contract of an employee should not be renewed by the district for the next ensuing term such employee shall be notified in writing on or before May 15th preceding the commencement of such term of that determination, which notification shall specify the cause or causes for nonrenewal of contract. For purposes of this section, probable cause includes but is not limited to the failure of an experienced teacher to respond with significantly improved performance to the assistance of a mentor teacher provided under RCW 28A.415.250. Such determination of probable cause for certificated employees, other than the superintendent, shall be made by the superintendent. Such notice shall be served upon the employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. Every such employee so notified, at his or her request made in writing and filed with the president, chair or secretary of the board of directors of the district within ten days after receiving such notice, shall be granted opportunity for hearing pursuant to RCW 28A.405.310 to determine whether there is sufficient cause or causes for nonrenewal of contract: PROVIDED, That any employee receiving notice of nonrenewal of contract due to an enrollment decline or loss of revenue may, in his or her request for a hearing, stipulate that initiation of the arrangements for a hearing officer as provided for by RCW 28A.405.310(4) shall occur within ten days following July 15 rather than the day that the employee submits the request for a hearing. If any such notification or opportunity for hearing is not timely given, the employee entitled thereto shall be conclusively presumed to have been reemployed by the district for the next ensuing term upon contractual terms identical with those which would have prevailed if his or her employment had actually been renewed by the board of directors for such ensuing term.
This section shall not be applicable to "provisional employees" as so designated in RCW 28A.405.220; transfer to a subordinate certificated position as that procedure is set forth in RCW 28A.405.230 shall not be construed as a nonrenewal of contract for the purposes of this section."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Cantu on page 16, after line 5, to Second Substitute Senate Bill No. 5306.
The motion by Senator Cantu failed and the amendment was not adopted.
MOTION
Senator Hochstatter moved that the following amendment be adopted:
On page 16, line 31, after "(4)" insert "Recognizing that Washington's schools are evolving toward a performance-based system for students, the legislature also recognizes that some future teachers may be able to demonstrate mastery of certain teaching knowledge and skills without having had to graduate from an approved teacher preparation program. The state board of education shall develop, for implementation by December 1, 1995, standards for certification of those persons who have not graduated from a program in a preparing institution but who are able to pass the subject matter knowledge component of the entrance to practice exam required under RCW 28A.410.030.
(5)"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 16, line 31, to Second Substitute Senate Bill No. 5306.
The motion by Senator Hochstatter failed and the amendment was not adopted.
MOTION
Senator Anderson moved that the following amendment be adopted:
On page 16, after line 36, insert the following:
"NEW SECTION. Sec. 702. It is the intent of the legislature that in an outcome-based education system, teachers must be professionals. As any other professional, teachers must be able to analyze a problem, in this case the reason for a particular student having difficulty progressing toward an essential learning requirement standard, know how to access information, and be able to apply the information to solve the problem. In addition, in a decentralized system, teachers will necessarily be involved in the management of their schools. The intent of the legislature is to provide the vehicle for teachers truly to become professionals.
NEW SECTION. Sec. 703. There is hereby created as an agency of the state, for the purpose and with the powers set forth in this chapter, an association to be known as the Washington state teachers' association that shall have a common seal and may sue and be sued, and that may, for the purpose of carrying into effect and promoting the objects of the association, enter into contracts and acquire, hold, encumber, and dispose of such real and personal property as is necessary thereto.
NEW SECTION. Sec. 704. The first members of the Washington state teachers' association shall be all persons certificated to teach in this state on the effective date of this section.
NEW SECTION. Sec. 705. All persons who are certificated in accordance with this chapter shall become active members of the Washington state teachers' association.
NEW SECTION. Sec. 706. There is hereby constituted a board of governors of the Washington state teachers' association which shall consist of not more than fifteen members, to include: The president of the state teachers' association elected as provided by the bylaws of the association, one member from each congressional district now or hereafter existing in the state elected by secret ballot by mail by the active members residing therein, and such additional members elected as provided by the bylaws of the association. The members of the board of governors shall hold office for three years and until their successors are elected and qualified. Any vacancies in the board of governors shall be filled by the continuing members of the board until the next election held in accordance with the bylaws of the association.
The board shall not be deemed to be unlawfully constituted and a member of the board shall not be deemed ineligible to serve the remainder of the member's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts.
NEW SECTION. Sec. 707. The terms of office of members of the board of governors of the Washington state teachers' association who are elected from the various congressional districts shall not be affected by the creation of either new boundaries for congressional districts or additional districts. In such an event, each board member so elected may continue to serve in office for the balance of the term for which he or she was elected or appointed if the board member continues to reside within the boundaries of the congressional district as they existed at the time of his or her election or appointment. Vacancies that occur in a board member position during the balance of any such term shall be filled pursuant to section 705 of this act by a successor who resides within the boundaries of the congressional district from which the member whose office was vacated was elected as they existed at the time of his or her election. At the election immediately preceding expiration of the term of office of each board member provided for in this section following the creation of either new boundaries for congressional districts or additional districts, and thereafter, a successor shall be elected from the congressional district that corresponds in number with the congressional district from which the incumbent was appointed or elected.
NEW SECTION. Sec. 708. The Washington state teachers' association shall be governed by the board of governors which shall be charged with the executive functions of the state teachers' association and the enforcement of this chapter and all rules adopted under this chapter. The members of the board of governors shall receive no salary by virtue of their office.
NEW SECTION. Sec. 709. The board of governors shall have power, in its discretion, from time to time to adopt rules:
(1) Concerning membership and the classification thereof into active, inactive, and honorary members;
(2) Concerning the enrollment and privileges of membership;
(3) Defining the other officers of the Washington state teachers' association, the time, place, and method of their selection, and their respective powers, duties, terms of office, and compensation;
(4) Concerning annual and special meetings;
(5) Concerning the collection, the deposit, and the disbursement of the membership and admission fees, penalties, and all other funds;
(6) Providing for the organization and government of district and/or other local subdivisions of the state teachers' association;
(7) Providing for all other matters affecting in any way whatsoever, the organization and functioning of the state teachers' association. Any such rule may be modified, or rescinded, or a new rule adopted, by a vote of the active members under rules prescribed by the board of governors.
NEW SECTION. Sec. 710. The board of governors may adopt rules fixing the qualifications, requirements and procedure for admission to the practice of teaching; and, with such approval, to establish and enforce rules of professional conduct for all members of the Washington state teachers' association; and with such approval, to appoint boards or committees to examine applicants for admission; and to investigate, prosecute, and hear all causes involving discipline, suspension, or reinstatement, and to prescribe rules establishing the procedure for the investigation and hearing of such matters, and establishing county or district agencies to assist therein to the extent provided by such rules. No person who has participated in the investigation or prosecution of any such cause may sit as a member of any board or committee hearing the same.
NEW SECTION. Sec. 711. The annual membership fees for active members shall be payable on or before February 1st of each year. The board of governors may establish the amount of such annual membership fee to be effective each year. Written notice of any proposed increase in membership fee shall be sent to active members not less than sixty days before the effective date of the increase. The board of governors may establish the fee at a reduced rate for those who have been active members for fewer than five years in this state or elsewhere.
NEW SECTION. Sec. 712. The annual membership fee for inactive members shall be the sum of two dollars, payable on or before the first day of February of each year.
NEW SECTION. Sec. 713. Applicants for admission to the Washington teachers' association upon accredited certificates or upon examination, not having been admitted to a teachers' association in another state or territory, shall pay a fee of twenty-five dollars and all other applicants a fee of fifty dollars. Admission fees shall be used to pay the expenses incurred in connection with examining and admitting applicants to the teachers' association, including salaries of examiners, and any balance remaining at the close of each biennium shall be paid to the state treasurer and be credited to the general fund.
NEW SECTION. Sec. 714. Any member failing to pay any fees after the same become due, and after two months' written notice of delinquency, shall be suspended from membership in the Washington state teachers' association, but may be reinstated upon payment of accrued fees and such penalties as may be imposed by the board of governors, not exceeding double the amount of the delinquent fee.
NEW SECTION. Sec. 715. No person may teach in this state after the first meeting of the state teachers' association unless he or she is an active member.
NEW SECTION. Sec. 716. Any person who, not being an active member of the state teachers' association, or who after losing membership rights or while suspended from membership in the state teachers' association, as provided for in this chapter, teaches or holds himself or herself out as entitled to teach is guilty of a misdemeanor. This section does not in any way affect the power of the courts to grant injunctive relief or to punish as for contempt.
NEW SECTION. Sec. 717. The board of governors shall adopt rules:
(1) Establishing requirements to teach in this state;
(2) For suspension or termination of membership in the Washington state teachers' association; and
(3) For reinstatement into the state teachers' association.
NEW SECTION. Sec. 718. A new section is added to chapter 28A.305 RCW to read as follows:
The powers, duties, and functions of the state board of education relating to teacher certification are hereby transferred to the Washington state teachers' association. All references to the president or state board of education in the Revised Code of Washington relating to teacher certification shall be construed to mean the board of governors or Washington state teachers' association.
NEW SECTION. Sec. 719. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state board of education relating to teacher certification shall be delivered to the custody of the state teachers' association. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state board of education relating to teacher certification shall be made available to the state teachers' association. All funds, credits, or other assets held by the state board of education relating to teacher certification shall be assigned to the state teachers' association.
Any appropriations made to the state board of education relating to teacher certification shall, on the effective date of this section, be transferred and credited to the state teachers' association.
Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
NEW SECTION. Sec. 720. All employees of the state board of education relating to teacher certification are transferred to the jurisdiction of the state teachers' association. All employees classified under chapter 41.06 RCW, the state civil service law, who are transferred under this section are assigned to the state teachers' association to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
NEW SECTION. Sec. 721. All rules and all pending business before the state board of education relating to teacher certification shall be continued and acted upon by the state teachers' association. All existing contracts and obligations relating to teacher certification shall remain in full force and shall be performed by the state teachers' association.
NEW SECTION. Sec. 722. The transfer of any powers, duties, functions, and personnel of the state board of education shall not affect the validity of any act performed prior to the effective date of this section.
NEW SECTION. Sec. 723. If apportionments of budgeted funds are required because of the transfers directed by sections 719 through 722 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
NEW SECTION. Sec. 724. Nothing contained in sections 718 through 723 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.
NEW SECTION. Sec. 725. Sections 703 through 717 of this act shall constitute a new chapter in Title 28A RCW."
Renumber the remaining sections consecutively and correct internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Anderson on page 16, after line 36, to Second Substitute Senate Bill No. 5306.
The motion by Senator Anderson failed and the amendment was not adopted.
MOTION
Senator Cantu moved that the following amendments be considered simultaneously and be adopted:
On page 17, line 4, strike "eight" and insert "twelve"
On page 17, line 5, after "minimum of" strike all of material through and including "educators" on page 17, line 7, and insert "six parents"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Cantu on page 17, lines 4 and 5, to Second Substitute Senate Bill No. 5306.
The motion by Senator Cantu carried and the amendments were adopted.
MOTION
Senator Anderson moved that the following amendment be adopted:
On page 17, after line 26, insert the following:
"NEW SECTION. Sec. 802. A new section is added to chapter 28A.615 RCW to read as follows:
(1) School site councils shall develop comprehensive student-educator-parent partnership programs to be known as STEPP programs that: (a) Involve parents as partners in school governance; (b) promote two-way communication between schools and parents or guardians regarding school programs, children's progress, and differing and diverse needs of families; and (c) include strategies for enabling parents and guardians to participate actively in their children's education.
(2) The superintendent of public instruction shall adopt rules for application for and distribution of STEPP program funds to school site councils.
NEW SECTION. Sec. 803. The sum of one million seven hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the superintendent of public instruction for the purposes of this section."
Debate ensued.
Senator Anderson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Anderson on page 17, after line 26, to Second Substitute Senate Bill No. 5306.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 18; Nays, 28; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer and West - 18.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 28.
Excused: Senators Amondson, McCaslin and Niemi - 3.
MOTION
Senator Cantu moved that the following amendment be adopted:
On page 18, line 18, after "provide assistance" insert "other than monetary assistance"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Cantu on page 18, line 18, to Second Substitute Senate Bill No. 5306.
The motion by Senator Cantu carried and the amendment was adopted.
MOTION
Senator Erwin moved that the following amendment be adopted:
On page 18, line 25, after "requirements." insert "The assistance program shall include a provision requiring that if a school or district in which the superintendent of public instruction has intervened continues to fail for two years following the date of intervention, then low-income students from the school or district shall be provided state vouchers to attend the private school of their choice. The superintendent of public instruction shall adopt rules necessary to implement the voucher program beginning in the 1996-97 school year."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Erwin on page 18, line 25, to Second Substitute Senate Bill No. 5306.
The motion by Senator Erwin failed and the amendment was not adopted.
MOTION
Senator Talmadge moved that the following amendments by Senators Talmadge and Snyder be considered simultaneously and be adopted:
On page 20, line 5, after "Sec. 1001." insert "A new section is added to chapter 74.14A RCW to read as follows:
(1) A children's services commission is created. The commission shall be composed of fourteen members, to be appointed by the governor. The membership of the commission shall include: The secretary of the department of social and health services, who shall chair the commission; a citizen; a youth; a consumer of social services; a representative of the department of health, the department of community development, and the office of the superintendent of public instruction; and one representative of a county, a city, a town, a federally recognized Indian tribe, a school district, an existing children's commission, and a private agency provider of children's services. The governor shall ensure the racial, ethnic, and geographic diversity in the commission's membership.
(2) The commission shall:
(a) Develop a proposal for the creation of regional councils whose primary purpose shall be the local coordination and administration of an integrated program of community support for children, youth, and family services;
(b) Develop recommendations regarding who should be represented on the membership of the regional councils;
(c) Develop recommendations regarding the number of regional councils that should be created and include the specific boundaries for the proposed regional councils;
(d) Identify programs and funds, which are currently appropriated to the department of social and health services, the department of health, the department of community development, and the office of the superintendent of public instruction, which should be transferred to the regional councils on a block grant basis;
(e) Develop a list of all state and federally funded prevention and early intervention programs for children, youth, and families, including a description and current budget for each program;
(f) Determine the information indicated in section 1002(4) of this act as necessary for the development of programs designed to assist children in school achievement;
(g) Review any other related matters as determined by the chair of the commission.
(3)(a) The commission shall submit a preliminary report to the legislature by January 1, 1994, containing: (i) Recommendations on the number of regional councils that should be created, the proposed membership of the councils, and the specific boundaries for the proposed regional councils; and (ii) a list of all state and federally funded prevention and early intervention programs for children, youth, and families, including a description and current budget for each program.
(b) The commission shall submit a final report containing all of its recommendations to the senate health and human services committee and the house of representatives human services committee by January 1, 1995.
(4) Members of the commission shall be reimbursed for travel expenses in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 1002."
Renumber the remaining sections consecutively and correct internal references accordingly.
On page 20, line 26 after "(4) The" strike "family policy council established in chapter 70.190 RCW" and insert "children's services commission created in section 1001 of this act"
On page 21, line 4 after "approved by the" strike "family policy council. The council" and insert "children's services commission. The commission"
On page 21, line 7 after "(6) The" strike "family policy council" and insert "children's services commission"
On page 37, line 16 after "(7) Sections" strike "1001" and insert "1002"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Talmadge and Snyder on page 20, lines 5 and 26; page 21, lines 4 and 7; and page 37, line 16; to Second Substitute Senate Bill No. 5306.
The motion by Senator Talmadge failed and the amendments were not adopted on a rising vote.
MOTION
Senator McDonald moved that the following amendment by Senators McDonald and Nelson be adopted:
On page 26, line 30, after "expenditures." insert "Recognizing that Washington is shifting to a performance-based system for its students, the study shall also include an analysis of and recommendations for implementation of a performance-based salary schedule for certificated instructional staff, beginning July 1, 1997."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators McDonald and Nelson on page 26, line 30, to Second Substitute Senate Bill No. 5306.
The motion by Senator McDonald failed and the amendment was not adopted.
MOTION
Senator Cantu moved that the following amendment be adopted:
On page 26, line 30, after "expenditures." insert "The study shall include an analysis of the ways in which school districts spend state appropriations and locally derived revenues, and, by December 1, 1994, recommendations for changing spending to meet the new demands of a performance-based education system."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Cantu on page 26, line 30, to Second Substitute Senate Bill No. 5306.
The motion by Senator Cantu failed and the amendment was not adopted.
MOTION
Senator Erwin moved that the following amendment be adopted:
On page 26, after line 33, insert the following:
"NEW SECTION. Sec. 1205. A new section is added to chapter 28A.155 RCW to read as follows:
A school district shall transmit the full amount of state funds that it would have received to educate a handicapped child to any private school at which the child attends. For purposes of this chapter, the choice by a parent or guardian to have a handicapped child attend a private school shall be deemed authorized placement. The superintendent of public instruction shall adopt rules necessary to implement this section."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Erwin on page 26, after line 33, to Second Substitute Senate Bill No. 5306.
The motion by Senator Erwin failed and the amendment was not adopted.
MOTION
Senator Erwin moved that the following amendment be adopted:
On page 26, after line 33, insert the following:
"NEW SECTION. Sec. 1205. A new section is added to chapter 28A.155 RCW to read as follows:
The superintendent of public instruction shall adopt rules to meet clearly demonstrable extraordinary funding needs beyond the level provided in the state-funded program for handicapped children. The procedures and standards shall permit relief for a school district only if a district can at least demonstrate that:
(1) Student characteristics and costs of providing program services in the district differ significantly from the assumptions of the state handicapped funding formula;
(2) Individualized education plans are properly and efficiently prepared and formulated;
(3) The district is making a reasonable effort to provide program services for handicapped children within funds generated by the state funding formula;
(4) District programs are operated in a reasonably efficient manner;
(5) No indirect costs are charged against the handicapped program; and
(6) Any available federal funds are insufficient to address the additional needs.
NEW SECTION. Sec. 1206. The sum of two million nine hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the superintendent of public instruction for the purposes of section 1205 of this act."
Debate ensued.
Senator Erwin demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Erwin on page 26, after line 33, to Second Substitute Senate Bill No. 5306.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 28; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer and West - 19.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 28.
Excused: Senators McCaslin and Niemi - 2.
MOTION
Senator Moyer moved that the following amendment be adopted:
On page 27, line 2, after "each school" strike "district"
Debate ensued.
Senator Moyer demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Moyer on page 27, line 2, to Second Substitute Senate Bill No. 5306.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 20; Nays, 28; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 20.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.
Excused: Senator Niemi - 1.
MOTION
Senator Moyer moved that the following amendment be adopted:
On page 27, after line 29, insert the following:
"(4) Each school shall have the annual school performance report delivered to the parents or guardians with whom children in attendance at the school reside. In addition to any periodic report concerning an individual student's progress, there shall be included with the annual school performance report an individual student report enabling a parent or guardian to determine whether his or her child is attaining mastery of the essential learning requirements."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Moyer on page 27, after line 29, to Second Substitute Senate Bill No. 5306.
The motion by Senator Moyer carried and the amendment was adopted.
MOTION
Senator Cantu moved that the following amendment be adopted:
On page 30, beginning on line 30, after "why" strike all material through "groups" on line 31
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Cantu on page 30, beginning on line 30, to Second Substitute Senate Bill No. 5306.
The motion by Senator Cantu carried and the amendment was adopted.
MOTION
Senator Cantu moved that the following amendments be considered simultaneously and be adopted:
On page 31, line 4, strike "and"
On page 31, line 5, after "(g)" insert "The percentage and identification of schools that are either authorized to or opt to participate in the performance-based education system under section 101(2) of this act, and whether schools not opting into the system but submitting restructuring plans under section 401 of this act are setting learning standards that are higher or lower than those required in the performance-based system; and
(h)"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Cantu on page 31, lines 4 and 5, to Second Substitute Senate Bill No. 5306.
The motion by Senator Cantu carried and the amendments were adopted.
MOTION
Senator Cantu moved that the following amendment be adopted:
On page 37, line 31, after "1609." insert "Collective bargaining at the local school district level shall not alter or undermine any of the policies or purposes adopted under this act.
NEW SECTION. Sec. 1610."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Cantu on page 37, line 31, to Second Substitute Senate Bill No. 5306.
The motion by Senator Cantu failed and the amendment was not adopted.
MOTIONS
Senator Anderson moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. This act may be known and cited as the performance-based education act.
NEW SECTION. Sec. 2. (1)(a) The mission of Washington's K-12 education system is to enable people to be responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive lives. To these ends, schools, together with parents and communities, shall strive to help all students develop the knowledge, skills, and attributes essential to function effectively and lead successful lives. Although schools, parents, and communities shall strive together in this mission, the legislature still believes that the primary functions of school and home differ: Ideally, school is where children learn to learn; home is where they learn to live.
(b) This mission is based on the recognition that our education system needs to keep pace with societal changes, changes in workplace environments, and an ever-changing international community. It recognizes that the state and nation continue to experience a transformation into an information and service-oriented age. Finally, the mission recognizes that the education must be improved to prepare students better to meet the challenges of their future, including acquisition of certain skills and knowledge and the ability to act on information and conclusions once they have assimilated and analyzed information.
(c) This mission recognizes that students must achieve a thorough grounding in the core educational areas, and that the teaching of educational basics is the primary function of schools.
(d) This mission can be accomplished through a restructured system of world-class, performance-based education requiring all the elements in chapter . . ., Laws of 1993 (this act).
(2) The legislature believes that real improvement will come to student achievement when all parties responsible for education evaluate current behavior and modify it according to what is best for students. Creating a performance-based education system will require different ways of making decisions and completing work. Additional improvements envisioned will be brought about through different practices at the local level. Collaboration among parents, students, educators, community members, and elected officials will become a strong part of everyday effort. Parents should be the primary partners in this collaborative effort. All systems and programs will be focused on what is best for increasing student achievement. The purpose is to strive to help all students master the essential learning requirements.
(3) It is the intent of the legislature that all children will have the opportunity to achieve at significantly higher levels. This will require setting high expectations for all students. For all students, learning shall be the constant. Time spent on learning and gaining competence shall be the variable. The education system, from the schoolhouse to the state house, must be responsible and accountable to citizens for meeting specific goals and outcomes.
(4)(a) It is the intent of the legislature that any student, from those at-risk to students who may be developmentally delayed or disabled, who is having difficulty meeting the student learning goals under section 103 of this act be provided with ongoing instructional opportunities to help him or her meet the goals.
(b) Similarly, it is the intent of the legislature that any highly capable student who has met or exceeded the student learning goals under section 103 of this act be provided with instructional opportunities to help him or her advance his or her educational experience.
PART I
STUDENT LEARNING GOALS
NEW SECTION. Sec. 101. The following student learning goals for Washington's primary and secondary students, as recommended by the governor's council on education reform and funding, are supported by the legislature:
The ultimate goal of Washington's K-12 education system is to enable people to be responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives. To these ends, schools, together with parents and communities, shall help all students develop the knowledge, skills, and attributes essential to:
(1) Communicate effectively and responsibly in a variety of ways and settings;
(2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; arts; humanities; and health and fitness;
(3) Think critically and creatively and integrate experience and knowledge to form reasoned judgments, solve problems, and resolve conflicts;
(4) Function as caring and responsible individuals and contributing members of families, work groups, and communities.
Of these goals, goal two shall be primary. The legislature finds that from achievement of goal two, achievement of the others might follow. The legislature finds that students must above all else achieve mastery of knowledge and skills in core areas of reading, writing, speaking, science, history, geography, and mathematics. The legislature also finds that families and communities bear the primary responsibility for seeing that children function as caring and responsible members of families, work groups, and communities.
NEW SECTION. Sec. 102. It is the intent of the legislature that instruction in the broad subject areas of mathematics, social sciences, physical sciences, life sciences, arts, humanities, and health and fitness identified under student learning goal number two under section 101(2) of this act will be offered in ways that emphasize the primary importance of these basic areas of knowledge to the future success of students after they graduate.
NEW SECTION. Sec. 103. The state board of education shall by rule adopt the final student learning goals in section 101 of this act recommended by the governor's council on education reform and funding. The student learning goals shall be effective for all school districts beginning with the 1993-94 school year. The state board shall review the goals at least once every ten years and update them as necessary. Local school districts may add goals to the student learning goals in section 101 of this act.
PART II
COMMISSION ON STUDENT LEARNING
Sec. 201. RCW 28A.630.884 and 1992 c 141 s 201 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.630.884 ((and)), 28A.630.885, and sections 101, 103, 301, 501, 601, 702, 703, 1001, and 1101 of this act.
(1) (("Academic assessment system" or)) "Assessment system" means ((a series of academic examinations and performance-based assessments developed by the commission on student learning to determine if students have mastered the)) methods of assessing student achievement that require demonstration of the essential ((academic)) learning requirements.
(2) "Commission" means the commission on student learning created in RCW 28A.630.885(1).
(3) "Essential ((academic)) learning requirements" means the academic and technical knowledge and skills ((identified by the commission on student learning, as reviewed and amended by the legislature and state board of education, that students are expected to know and be able to do at specified intervals in their schooling. The essential academic learning requirements, at a minimum, shall include knowledge and skills in reading, writing, speaking, science, history, geography, mathematics, and critical thinking)) that students are expected to know and be able to do at specified intervals in their schooling. The essential learning requirements at a minimum shall include knowledge and skills in reading, writing, speaking, science, history, geography, mathematics, and critical thinking.
(4) "Outcome" means an example or indicator of what a student knows or is able to do in relation to a student learning goal.
(5) "Performance-based" or "outcomes-based" education means a system designed to help students achieve specific goals and standards of what students should know and be able to do. The system provides flexibility for students as they proceed toward achieving and demonstrating the goals and standards. Students proceed through a performance-based or outcomes-based system by demonstrating competency.
(6) "Site-based decision making" means an administrative system in which school employees, parents, and others in the community exercise shared decision making on some aspects of school operations.
(7) "Standards" means criterion or an agreed upon level of performance or achievement that are linked to the state-wide student learning goals and that serve as a basis for decision making.
(8) "Student learning goals" means the goals listed under section 101 of this act.
Sec. 202. RCW 28A.630.885 and 1992 c 141 s 202 are each amended to read as follows:
(((2))) (1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify what all students need to know and be able to do based on the final student learning goals ((of the governor's council on education reform and funding, to develop)) adopted by the state board of education under section 103 of this act, cause the further development of student assessment and school accountability systems, and to take other steps necessary to develop a performance-based education system.
(2)(a) The commission shall include three members of the state board of education, three members appointed by the governor before July 1, 1992, and ((three)) five members appointed ((no later than February 1, 1993,)) by the governor elected in the November 1992 election. Three of the five members shall be appointed no later than February 1, 1993, and two of the five members shall be appointed no later than July 1, 1993. At least one of the two members to be appointed no later than July 1, 1993, shall represent approved private schools under RCW 28A.195.010. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from state-wide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the cultural diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational restructuring, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.
(((3))) (b) The governor shall appoint a chair from the commission members. The governor shall fill vacancies that may occur on the commission except those vacancies determined by the state board of education.
(c) The commission shall begin its substantive work subject to ((subsection (1) of this section)) section 202(1), chapter 1, Laws of 1992.
(((4))) (3) The commission shall establish technical advisory committees. Membership of the technical advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.
(((5))) (4) The commission, with the assistance of ((the)) any technical advisory committees, shall:
(a) ((Identify what all elementary and secondary students need to know and be able to do. At a minimum, these)) Develop essential ((academic)) learning requirements ((shall include reading, writing, speaking, science, history, geography, mathematics, and critical thinking. In developing these essential academic learning requirements, the commission shall incorporate the student learning goals identified by the council on education reform and funding)) based on the student learning goals adopted by the state board of education under section 103 of this act. These requirements shall be implemented through the development of performance standards. The essential learning requirements and standards shall not be less than world class so that Washington, its students, and its businesses might more effectively and continuously compete in the world market. "World class standards" means standards set at levels that will enable Washington's students to compete successfully with students throughout the world. In developing essential learning requirements and standards, the commission shall give effect to the legislature's intent (i) that student learning goal two, in section 101(2) of this act, is primary to the other goals; (ii) that students must achieve world class knowledge and skills in core areas of reading, writing, speaking, science, history, geography, and mathematics; and (iii) that families and communities bear the primary responsibility that children function as caring and responsible members of families, work groups, and communities. In developing the performance standards and assessment systems under this section, the commission shall consider the experiences and information from local districts and schools that are already involved in these areas;
(b) By December 1, 1995, present to the state board of education and superintendent of public instruction a state-wide ((academic)) assessment system for use in the elementary grades designed to determine if each student has mastered the essential ((academic)) learning requirements identified in (a) of this subsection. The ((academic)) assessment system shall include a variety of methodologies, including performance-based measures that are criterion-referenced. The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who do not master the essential ((academic)) learning requirements. Mastery of each component of the essential ((academic)) learning requirements shall be required before students progress in subsequent components of the essential ((academic)) learning requirements. The state board of education and superintendent of public instruction shall implement the elementary ((academic)) assessment system beginning in the 1996-97 school year, if completed, unless the legislature takes action to delay or prevent implementation of the assessment system and essential ((academic)) learning requirements. The state board of education and superintendent of public instruction ((may)) shall review and modify the ((academic)) assessment system, as needed, in subsequent school years;
(c) By December 1, 1996, present to the state board of education and superintendent of public instruction a state-wide ((academic)) assessment system for use in the secondary grades designed to determine if each student has mastered the essential ((academic)) learning requirements identified for secondary students in (a) of this subsection. The ((academic)) assessment system shall use a variety of methodologies, including performance-based measures, to determine if students have mastered the essential ((academic)) learning requirements, and shall lead to a certificate of mastery at about age sixteen. The certificate of mastery shall be required for graduation but shall be based only on student learning goals one through three in section 101 of this act. The assessment system shall be designed so that the results are used by educators to evaluate instructional practices, and to initiate appropriate educational support for students who do not master the essential ((academic)) learning requirements. The commission shall recommend to the state board of education whether the certificate of mastery should take the place of the graduation requirements ((or be required for graduation in addition to graduation requirements)). The state board of education and superintendent of public instruction shall implement the secondary ((academic)) assessment system beginning in the 1997-98 school year, if completed, unless the legislature takes action to delay or prevent implementation of the assessment system and essential ((academic)) learning requirements. The state board of education and superintendent of public instruction ((may)) shall review and modify the assessment system, as needed, in subsequent school years;
(d) Consider methods to address the unique needs of special education students when developing the assessments in (b) and (c) of this subsection;
(e) ((Develop strategies that will assist educators in helping students master the essential academic learning requirements)) By December 1, 1994, develop alternatives for grade designations in elementary grades;
(f) ((Establish a center the primary role of which is to plan, implement, and evaluate a high quality professional development process. The quality schools center shall: Have an advisory council composed of educators, parents, and community and business leaders; use best practices research regarding instruction, management, curriculum development, and assessment; coordinate its activities with the office of the superintendent of public instruction and the state board of education; employ and contract with individuals who have a commitment to quality reform; prepare a six-year plan to be updated every two years; and be able to accept resources and funding from private and public sources;
(g) Develop recommendations for the repeal or amendment of federal, state, and local laws, rules, budgetary language, regulations, and other factors that inhibit schools from adopting strategies designed to help students achieve the essential academic learning requirements;
(h))) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential ((academic)) learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the elementary and secondary ((academic)) assessment systems during the 1995-97 biennium and beyond;
(((i))) (g) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements that ((would assist schools in adopting strategies designed to help students achieve the essential academic learning requirements)) are consistent with a performance-based education system;
(((j))) (h) By December 1, 1996, recommend to the legislature, state board of education, and superintendent of public instruction a state-wide accountability system to evaluate accurately and fairly the level of learning occurring in individual schools and school districts((. The commission also shall recommend to the legislature steps that should be taken to assist school districts and schools in which learning is significantly below expected levels of performance as measured by the academic assessment systems established under this section));
(((k))) (i) Report annually by December 1st to the governor and the legislature ((and the state board of education)) on the progress, findings, and recommendations of the commission; and
(((l))) (j) Complete other tasks, as appropriate.
(((6))) (5) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.
(((7))) (6) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.
(((8))) (7) The commission shall select an entity to provide staff support and the office of ((financial management shall contract with that entity)) the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission on student learning. The superintendent shall report annually to the commission on student learning on the activities of the superintendent's office of educational restructuring, research, and technical assistance under RCW 28A.300.130. The commission may direct the ((office of financial management)) superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.
(((9))) (8) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
PART III
PLANNING AND TIME FOR RESTRUCTURING
NEW SECTION. Sec. 301. (1) From appropriated funds, beginning with the 1994-95 school year, the office of the superintendent of public instruction shall provide staff development program grants, to the extent funds are appropriated, to local districts to provide certificated staff, classified staff with instructional responsibilities, and classified secretarial staff in each school in the district with the equivalent of an average of five additional days beyond the student school calendar year. These nonstudent days shall be used by schools for staff development, planning, and implementation activities as local districts and schools move toward a performance-based education program.
(2) The compensation for these days shall be at the regular salary rates and shall constitute supplemental compensation under RCW 28A.400.200(4).
(3) The staff development program grants shall be for two years for school building activities related to planning, curriculum development, instructional strategies, assessment, evaluation, the use of technology, and other approaches to restructuring. The funds may be used by schools to shift to school-based decision making.
(4)(a) To be eligible for staff development program grants beginning in fiscal year 1994-95, districts shall submit to the state board of education, school building applications to develop broad-based strategic restructuring plans. The applications shall be submitted under the provisions of RCW 28A.305.140(1). Grants shall be renewed on the same basis as waivers are provided under RCW 28A.305.140(2).
(b) The building plan shall involve broad participation. In addition to the provisions of RCW 28A.305.140(1), the plan shall include: Performance-based assessment, evaluation, and in-service in cultural diversity, including how to work with diverse populations. The plan may contain elements including but not limited to technology, curriculum development, and continuous quality improvement.
(5) For a school building to receive its share of the staff development program grant, a school site council for the building must exist meeting all requirements under the law, and must authorize the building plan and submit it to the school board.
(6) The school board shall conduct at least one public hearing on the building restructuring plans before the board votes to approve the plans and before the district files an application with the state for a staff development grant. Boards may hear more than one proposed plan at a hearing and may approve more than one plan at a hearing.
(7) The staff development grant program shall be renewable only if used as follows: (a) The second grant must be used to fund at least two additional student contact days in addition to three in-service days; (b) the third grant must be used to fund at least three additional student contact days in addition to two in-service days; (c) the fourth grant shall be used to fund at least four additional student contact days in addition to one in-service day; (d) the fifth and any further grants must be used to fund five additional student contact days only.
NEW SECTION. Sec. 302. A new section is added to chapter 28A.240 RCW to read as follows:
(1) To be eligible for grants under section 301 of this act, a school district board of directors shall adopt a policy authorizing school site-based councils.
(2) The policy adopted by a school district board of directors shall include but is not limited to:
(a) Procedures for forming a school site-based council and official recognition of the council by the district;
(b) A requirement that membership of the school site-based council include at least one-third nonschool-affiliated parents, and also include staff, community members, and age-appropriate students. Existing organizations may be used to form the school site-based council;
(c) Designation of activities with which school site-based councils may become involved, including management, budget, personnel, and program decisions affecting instruction at the school level;
(d) Delegation of authority to school site-based councils to adopt their own bylaws and charters; and
(e) Provisions for educating members of school site-based councils to help all members to become knowledgeable about school funding, educational programs, and options for change.
PART IV
MENTOR PROGRAM
Sec. 401. RCW 28A.415.250 and 1991 c 116 s 19 are each amended to read as follows:
The superintendent of public instruction shall adopt rules to establish and operate a teacher assistance program. For the purposes of this section, the terms "mentor teachers," "beginning teachers," and "experienced teachers" may include any person possessing any one of the various certificates issued by the superintendent of public instruction under RCW 28A.410.010. The program shall provide for:
(1) Assistance by mentor teachers who will provide a source of continuing and sustained support to beginning teachers, or experienced teachers, or both, both in and outside the classroom. A mentor teacher may not be involved in evaluations under RCW 28A.405.100 of a teacher who receives assistance from said mentor teacher under the teacher assistance program established under this section. The mentor teachers shall also periodically inform their principals respecting the contents of training sessions and other program activities;
(2) Stipends for mentor teachers and beginning teachers which shall not be deemed compensation for the purposes of salary lid compliance under RCW ((28A.58.095)) 28A.400.200: PROVIDED, That stipends shall not be subject to the continuing contract provisions of this title;
(3) Workshops for the training of mentor and beginning teachers;
(4) The use of substitutes to give mentor teachers, beginning teachers, and experienced teachers opportunities to jointly observe and evaluate teaching situations and to give mentor teachers opportunities to observe and assist beginning and experienced teachers in the classroom;
(5) Mentor teachers who are superior teachers based on their evaluations, pursuant to RCW 28A.405.010 through 28A.405.240, and who hold valid continuing certificates;
(6) Mentor teachers shall be selected by the district. If a bargaining unit, certified pursuant to RCW 41.59.090 exists within the district, classroom teachers representing the bargaining unit shall participate in the mentor teacher selection process; and
(7) Periodic consultation by the superintendent of public instruction or the superintendent's designee with representatives of educational organizations and associations, including educational service districts and public and private institutions of higher education, for the purposes of improving communication and cooperation and program review.
Any district may release a mentor teacher to work full time with beginning or experienced teachers, or both.
PART V
CERTIFICATION REQUIREMENTS
NEW SECTION. Sec. 501. (1) In conducting its study on outcomes-based standards for the approval of educator preparation programs, the state board of education shall assure that the adoption of new program approval standards are consistent with and support the establishment of a performance-based education system under the provisions of chapter . . ., Laws of 1993 (this act). In addition, the new standards shall ensure that graduates from the preparing institutions of the state are appropriately prepared to enter the performance-based education system, including knowledge and skills to work with culturally diverse students. The new standards shall be adopted not later than the beginning of the 1996-97 school year.
(2) The state board shall report to the governor, the legislature, and the commission on student learning by December 31, 1993, on the progress and any findings of the board's study of outcomes-based program approval standards. When the study is completed, the board shall submit a final report to the governor, the legislature, and the commission on student learning. The final report shall include findings and recommendations regarding the impact of the new standards on the recruitment of culturally diverse candidates to the teaching profession.
(3) The state board shall adopt necessary rules under chapter 34.05 RCW to implement the recommendations of the certification study required under section 104, chapter 141, Laws of 1992.
(4) The state board of education shall develop, for implementation by December 1, 1995, standards for certification of those persons who have not graduated from a program in a preparing institution, but who are able to pass the admission to practice examination required under RCW 28A.410.030.
(5) The superintendent of public instruction and the state board of education shall review the provisions of chapter 28A.690 RCW, interstate agreement on qualifications of educational personnel, and make recommendations as necessary to the legislature and the governor to amend these provisions to be consistent with the new certification requirements to be implemented under subsection (3) of this section.
PART VI
PARENT AND COMMUNITY INVOLVEMENT
NEW SECTION. Sec. 601. (1) The superintendent of public instruction shall appoint an eight member parent and community advisory council whose membership shall include a minimum of three parents, at least two of whom shall be selected from a state-wide association representing parents, and a minimum of three educators.
(2) The parent and community advisory council shall advise the state superintendent on:
(a) How to increase parent and citizen involvement in education with a particular focus on reaching parents who have not previously been involved with their children's education;
(b) Identifying obstacles to greater parent and community involvement in school site-based decision making; and
(c) Recommend strategies for helping parents and community members to participate effectively in school site-based decision making, including understanding and respecting the roles of building administrators and staff.
(3) Through the office of educational restructuring, research, and technical assistance under RCW 28A.300.130, the superintendent shall, in consultation with the parent and community advisory council, on a request basis, provide or contract to provide to any school, district, or community, information, technical assistance, or training regarding citizen participation in education, including training to promote the effective participation of parents and community members on school site councils.
NEW SECTION. Sec. 602. (1) School site councils shall develop comprehensive student-educator-parent partnership programs to be known as STEPP programs that: (a) Involve parents as partners in school governance; (b) promote two-way communication between schools and parents or guardians regarding school programs, children's progress, and differing and diverse needs of families; and (c) include strategies for enabling parents and guardians to participate actively in their children's education;
(2) The superintendent of public instruction shall adopt rules for application for and distribution of STEPP program funds to school site councils.
PART VII
INCENTIVE AND ASSISTANCE PROGRAM
NEW SECTION. Sec. 701. From appropriated funds, the superintendent of public instruction shall provide incentive grants under section 702 of this act and provide assistance grants under section 703 of this act.
NEW SECTION. Sec. 702. (1) The commission on student learning shall develop an incentive program to provide rewards to schools that have a school site council and in which a large percentage of students significantly exceed the essential learning requirements. Each school shall be assessed individually against its own baseline for the incentive program. Data collected for the incentive program shall be collected and analyzed by gender, racial or ethnic background, and socioeconomic status and shall not be used to compare one school against another. Rewards shall be based on the rate of percentage change of students achieving the performance standards. An explicit account shall be taken of the rate of percentage change of special needs and at-risk students achieving the performance standards and the mobility of students.
(2) Staff at each school, in partnership with the school site council, shall decide how to spend the reward.
(3) The incentive program shall be administered by the superintendent of public instruction. The first incentive grants shall be awarded the 1997-98 school year. Incentive grants shall be awarded every two years to eligible schools, to the extent funds are appropriated.
NEW SECTION. Sec. 703. (1) The commission on student learning shall develop an assistance program to provide assistance to schools and districts experiencing difficulty in assisting a significant percentage of their students to achieve the essential learning requirements.
(2) The assistance program shall include a process for the superintendent of public instruction to intervene in the operation of districts or schools that dramatically and persistently fail to help students meet the essential learning requirements. It shall include vouchers.
(3) The assistance program shall be administered by the superintendent of public instruction. The first assistance grants shall be awarded the 1997-98 school year. Assistance grants shall be awarded every two years to schools or districts as determined by the state superintendent, to the extent funds are appropriated.
Sec. 704. RCW 28A.300.130 and 1986 c 180 s 1 are each amended to read as follows:
(1) ((Recent and)) Expanding activity in educational research and educational restructuring initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible, including school-based technical assistance coordinated by the office of the superintendent of public instruction. To facilitate access to information and materials on ((education)) educational restructuring and research, the superintendent of public instruction shall ((act as the state clearinghouse for educational information)) establish an office of educational restructuring, research, and technical assistance.
(2) In carrying out this function, the superintendent of public instruction's primary duty shall be to collect, ((screen,)) organize, analyze, synthesize, and disseminate, including technical assistance, information pertaining to the state's ((educational system from preschool through grade twelve, including but not limited to)) common school system. The primary duty to collect and disseminate information is not limited to but shall include information on:
(a) The work and activities of the commission on student learning;
(b) In-state research and development efforts, including restructuring initiatives in Washington schools and districts;
(c) Descriptions of exemplary, model, and innovative programs; and
(d) Related information that can be used in ((developing)) helping schools and districts with restructuring initiatives and developing more effective programs.
(3) The superintendent of public instruction shall maintain a collection of such studies, articles, reports, research findings, ((monographs, bibliographies, directories, curriculum materials, speeches, conference proceedings, legal decisions that are concerned with some aspect of the state's education system,)) and other applicable materials as necessary in order that the office of educational restructuring, research, and technical assistance can provide timely information services and technical assistance to educational staff, students, parents, schools, districts, and other groups or agencies as appropriate. All materials and information shall be considered public documents under chapter 42.17 RCW and the superintendent of public instruction shall furnish copies of educational materials at nominal cost.
(4) The superintendent of public instruction shall coordinate technical assistance and the dissemination of information with the educational service districts ((and shall publish and distribute, on a monthly basis, a newsletter describing current activities and developments in education in the state)). In coordinating technical assistance services, the superintendent shall make every effort to use practitioners to assist both agency staff as well as educators and others in schools and districts.
PART VIII
COORDINATED SOCIAL AND HEALTH SERVICES
NEW SECTION. Sec. 801. (1) The purpose of this section is to enhance the quantity, quality, efficiency, and effectiveness of services for children and families in order to enable children to learn while in school.
(2) Beginning with the 1993-94 school year, the office of the superintendent of public instruction, to the extent funds are appropriated, shall allocate funds for pilot programs in up to ten counties or municipalities to meet the needs of children and families better so that children can achieve in school.
(3) Beginning with the 1994-95 school year, the superintendent of public instruction, to the extent funds are appropriated, shall allocate funds annually for state-wide implementation for programs that assist children achieving in school. To qualify for funds, local districts and schools in partnership with existing site-based councils, local service providers, local governments, state agencies, and persons organized for the purpose of designing and providing services for children and families, shall develop plans for enhancing the flexibility, coordination, and responsiveness of the educational, social, and health services for students and families identified as at-risk. Plans shall address the needs of children and families in a county or multicounty area, or in a municipal or multimunicipal area.
(4) The family policy council established in chapter 70.190 RCW shall determine the information that must be included in the plans. At a minimum, plans shall include:
(a) A description of services, funding sources, intended outcomes, and measures to evaluate the programs implemented under the plan;
(b) Agreed upon responsibilities of participating agencies;
(c) Means to accommodate cultural diversity and changes in student populations and to ensure equity, access, and relevance in providing services;
(d) Means to ensure parental involvement in planning and the use of services. In schools with site councils, the means to ensure parental involvement shall include the requirement of evidence that the site council collaborated on the plan; and
(e) An identified lead agency to receive state funds allocated for the purposes of this section.
(5) Funds provided for the purposes of subsections (3) and (4) of this section shall be used only for those plans approved by the family policy council. The council shall review local plans by November 1, 1993, and the beginning of every school year thereafter.
(6) The family policy council shall coordinate the provision of technical assistance to local communities for the development of coordinated services for students.
PART IX
TECHNOLOGY
NEW SECTION. Sec. 901. The legislature recognizes the ongoing necessity for public schools to use up-to-date tools for learning to meet goals for education. To participate successfully in the contemporary workplace, students should be able to use technology and be able to get information electronically. Workplace technology requirements will continue to change and students should learn the new requirements.
Furthermore, the legislature finds that the Washington systemic initiative is a broad-based effort to promote widespread public literacy in mathematics, science, and technology. A critical component of the systemic initiative is the electronic access to information by students. It is the intent of the legislature that components of sections 902 through 905 of this act will support the state-wide systemic reform effort in mathematics, science, and technology as planned through the Washington systemic initiative.
NEW SECTION. Sec. 902. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 901 through 905 of this act.
(1) "Education technology" means the effective use of electronic tools and electronic pathways in meeting goals established for education.
(2) "Network" means integrated linking of education technology systems in schools for transmission of voice, data, video, or imaging, or a combination of these.
NEW SECTION. Sec. 903. (1) The superintendent of public instruction may establish an educational technology section, and through that section develop and implement a Washington state technology program, the coordination and development of which shall be consistent with the applicable provisions of chapter 43.105 RCW. The program shall include:
(a) State-wide support to help school districts plan, implement, and educate staff in the use of technology for educational and administrative purposes;
(b) Grants to school districts to help districts integrate technology into the learning process and to connect to the state-wide and national networks for educational purposes;
(c) Development of on-line information services for Washington state, with links to other services. These links shall provide avenues of communication between all levels of education;
(d) Staff support for on-line educational projects involving students throughout the state and nation; and
(e) Expansion of state-wide networks, including educational video teleconferences.
(2) The superintendent of public instruction shall distribute grants, from moneys appropriated for this purpose, to educational service districts for:
(a) Establishing regional educational technology support centers to provide ongoing educator training, school district cost-benefit analysis, long-range planning, network planning, distance learning access support, and other technical and program support. Each educational service district shall establish an advisory council to advise the educational service district about spending the grant moneys; and
(b) Establishing each educational service district as a site for video conferences on the network.
(3) The superintendent of public instruction shall distribute grants, from moneys appropriated for this purpose, to school districts for:
(a) Support for school district personnel to become trainers on state-wide and national networks;
(b) Incentives to encourage school districts to plan for, implement, and evaluate the effective use of technology in the school curriculum; and
(c) Helping schools connect into the state-wide network for curricular purposes. The criteria for selection of schools to receive grants shall be based on schools' readiness to use network services and economic need.
(4) The superintendent of public instruction shall adopt rules requiring local districts to provide a twenty-five percent match of grant funds from other sources. However, the superintendent of public instruction shall adopt rules to waive all or part of the match requirement for districts that can demonstrate, based on the district's relative property tax wealth, that they would not be able to apply for the grant unless all or part of the match requirement was waived. A district capital levy for technology will satisfy the local match requirement under this section.
(5) The superintendent of public instruction shall distribute grants, from moneys appropriated for this purpose, to the Washington school information processing cooperative, for equipment to expand the current state-wide network and to establish a system for video conferences.
NEW SECTION. Sec. 904. The superintendent of public instruction shall appoint an educational technology advisory committee. The committee shall include, but is not limited to, persons representing: The state board of education, the commission on student learning, educational service districts, school directors, school administrators, school principals, teachers, higher education faculty, parents, students, business, labor, scientists and mathematicians, the higher education coordinating board, the work force training and education coordinating board, the state library, and the department of information services.
The committee shall advise the superintendent of public instruction on the implementation of sections 901 through 903 of this act.
NEW SECTION. Sec. 905. (1) The superintendent of public instruction may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of education technology and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.
(2) The education technology fund is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the fund all moneys received from gifts, grants, or endowments for education technology. Moneys in the fund may be spent only for education technology. Disbursements from the fund shall be on authorization of the superintendent of public instruction or the superintendent's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.
PART X
DEREGULATION
NEW SECTION. Sec. 1001. (1) The superintendent of public instruction and the state board of education shall review all laws pertaining to K-12 public education. Except those laws that protect the health, safety, and civil rights of students and staff, the intent of the review is to justify, modify, and maintain only those laws that support the new performance-based education system for all students. However, the tests required under RCW 28A.230.190, 28A.230.230, and 28A.230.240 shall be exempt from review and shall not be subject to a recommendation of repeal.
(2) The superintendent and the state board shall conduct the review in a manner that includes a broad representation of citizens, including parents, students, educators, and others, to assist in the review process.
(3) The superintendent shall determine a specific timetable for the review. Beginning January 1994, and each succeeding January until the review is done, but not later than January 1997, the superintendent shall submit to the governor and legislature a list of all laws reviewed during the preceding year and the laws to be reviewed the next year.
(4) Private schools and parents who home school their children are subject only to those minimum state controls necessary to ensure the health and safety of all students in the state and to ensure that students have a basic educational opportunity. Parents who are home schooling their children under chapter 28A.200 RCW and RCW 28A.225.010(4) and private schools under chapter 28A.195 RCW shall not be subject to:
(a) State-wide student learning goals and essential learning requirements under RCW 28A.150.210 and 28A.630.885(4)(a);
(b) The elementary assessment system under RCW 28A.630.885(4); or
(c) The secondary assessment system, including the certificate of mastery, under RCW 28A.630.885(4)(c).
(5) The review of statutes under subsections (1) and (2) of this section shall be conducted consistent with the exemptions provided under subsection (3) of this section for private schools and parents who home school their children.
Sec. 1002. RCW 28A.225.220 and 1990 1st ex.s. c 9 s 201 are each amended to read as follows:
(1) Any board of directors may make agreements with adults choosing to attend school: PROVIDED, That unless such arrangements are approved by the state superintendent of public instruction, a reasonable tuition charge, fixed by the state superintendent of public instruction, shall be paid by such students as best may be accommodated therein.
(2) A district is strongly encouraged to honor the request of a parent or guardian for his or her child to attend a school in another district.
(3) A district shall release a student to a nonresident district that agrees to accept the student if:
(a) A financial, educational, safety, or health condition affecting the student would likely be reasonably improved as a result of the transfer; or
(b) Attendance at the school in the nonresident district is more accessible to the parent's place of work or to the location of child care; or
(c) There is a special hardship or detrimental condition.
(4) A district may deny the request of a resident student to transfer to a nonresident district if the release of the student would adversely affect the district's existing desegregation plan.
(5) For the purpose of helping a district assess the quality of its education program, a resident school district may request an optional exit interview or questionnaire with the parents or guardians of a child transferring to another district. No parent or guardian may be forced to attend such an interview or complete the questionnaire.
(6) Beginning with the 1993-94 school year, school districts may establish annual transfer fees or tuition for nonresident students enrolled under subsection (3) of this section and RCW 28A.225.225. ((Until rules are adopted under section 202, chapter 9, Laws of 1990 1st ex. sess. for the calculation of the transfer fee, the transfer fee shall be calculated by the same formula as the fees authorized under section 10, chapter 130, Laws of 1969. These fees, if applied, shall be applied uniformly for all such nonresident students except as provided in this section. The superintendent of public instruction, from available funds, shall pay any transfer fees for low-income students assessed by districts under this section. All transfer fees must be paid over to the county treasurer within thirty days of its collection for the credit of the district in which such students attend.)) Reimbursement of a high school district for cost of educating high school pupils of a nonhigh school district shall not be deemed a transfer fee as affecting the apportionment of current state school funds.
NEW SECTION. Sec. 1003. The superintendent of public instruction shall work with appropriate organizations to ensure that every teacher, district and building administrator, and school director is aware of the waivers available under RCW 28A.305.140 and the broadened school board powers under RCW 28A.320.015.
NEW SECTION. Sec. 1004. (1) A legislative fiscal study committee is hereby created. The committee shall be comprised of two members from each caucus of the senate, appointed by the president of the senate, and two members from each caucus of the house of representatives, appointed by the speaker. In consultation with the office of the superintendent of public instruction, the committee shall study the state operating budget for the common school system and other sections of the budget that have a direct or indirect impact on the common school system.
(2) At a minimum, the study shall include an analysis of all K-12 related appropriations to determine which might be classified as being investments in prevention and which might be classified as remedial expenditures. Recognizing that the state is shifting to a performance- based system for its students, the study shall also include an analysis of and recommendations for a performance-based salary schedule for certificated instructional staff, beginning July 1, 1997.
(3) By January 16, 1995, the committee shall report to the full legislature on its findings and any recommendations for a new funding model for the common school system.
(4) The study shall review performance-based education.
PART XI
RESTRUCTURING REPORTS
NEW SECTION. Sec. 1101. (1) Beginning with the 1994-95 school year, each school shall publish an annual school performance report to the community. The annual report shall be published in a format that can be easily understood and be the basis of informed educational decisions by parents, guardians, and other members of the community who are not professional educators.
(2) Data and descriptive material included in the annual report should enable parents, educators, and school board members to determine whether students in the district's schools are attaining mastery of the student learning goals under section 103 of this act, and other important facts about the schools' performance in assisting students to learn. The annual report shall make comparisons to a school's performance in preceding years and shall project goals in performance categories. As data becomes available it shall include:
(a) The change in the percentage of students, including special education and gifted students, attaining mastery of the student learning goals;
(b) Attendance and completion rates;
(c) The use and condition of school facilities;
(d) The level of satisfaction by the community served by each school; and
(e) A brief description of the strategic restructuring plan for each school.
(3) The office of the superintendent of public instruction shall compile district data and report annually to the governor and the legislature beginning with the 1994-95 school year. The superintendent shall monitor the performance of districts and schools that demonstrate gaps in student learning based on students' gender, racial, and ethnic minority status.
(4) Each school shall have the annual school performance report delivered to the parents or guardians with whom children in attendance at the school reside. In addition to any periodic report concerning an individual student's progress, there shall be included with the annual school performance report delivered to parents and guardians an annual student performance report enabling a parent or guardian to determine whether his or her child is attaining mastery of the essential learning requirements.
Sec. 1102. RCW 28A.300.040 and 1992 c 198 s 6 are each amended to read as follows:
In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:
(1) To have supervision over all matters pertaining to the public schools of the state. The superintendent's supervisory authority shall consist primarily of reviewing and analyzing the progress of school districts, schools, and school site councils, and of assisting districts, schools, and school site councils by offering services necessary to meet discerned difficulties.
(2) To give an annual address on the state of education in separate presentations to the house of representatives and the senate the week immediately following the second Monday in January.
(3) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools.
(((3))) (4) To prepare and have printed such forms, registers, courses of study, rules and regulations for the government of the common schools, questions prepared for the examination of persons as provided for in RCW 28A.305.130(9), and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents.
(((4))) (5) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials.
(((5))) (6) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules and regulations related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount.
(((6))) (7) To act as ex officio member and the chief executive officer of the state board of education.
(((7))) (8) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to.
(((8))) (9) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct.
(((9))) (10) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state.
(((10))) (11) To issue certificates as provided by law.
(((11))) (12) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education.
(((12))) (13) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction.
(((13))) (14) To administer oaths and affirmations in the discharge of the superintendent's official duties.
(((14))) (15) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office.
(((15))) (16) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025.
(((16))) (17) To perform such other duties as may be required by law.
NEW SECTION. Sec. 1103. (1) There is hereby created a joint select committee on education reform composed of twelve members as follows:
(a) Six members of the senate, three from each of the major caucuses, to be appointed by the president of the senate; and
(b) Six members of the house of representatives, three from each of the major caucuses, to be appointed by the speaker of the house of representatives.
(2) The cochairs shall be designated by the speaker of the house of representatives and the president of the senate.
(3) The staff support shall be provided by the senate committee services and the office of program research as mutually agreed by the cochairs of the joint select committee.
(4) The expenses of the committee members shall be paid by the legislature.
(5) The joint select committee on education reform shall monitor, review, and periodically report upon the enactment and implementation of education reform in Washington both at the state and local level, including the following:
(a) The progress of the commission on student learning in the completion of its tasks as designated by chapter 141, Laws of 1992, or any subsequent legislation relating to education reform;
(b) The progress of the commission on student learning in designing a state-wide assessment system that will accurately measure student mastery of essential academic learning requirements;
(c) The state board of education's implementation of teacher certification requirements that are required by law on the effective date of this section or subsequent to the effective date of this section, and whether such requirements as implemented are actually consistent with higher student achievement envisioned under a performance-based education system;
(d) Whether the shift to a performance-based education system is incurring or will incur resistance, and, if so, why, and by which group or groups;
(e) The progress and success of the commission on student learning in establishing essential learning requirements that accurately and clearly represent what students should know and be able to do at specified intervals in their schooling;
(f) The progress and success of the commission on student learning, the superintendent of public instruction, the state board of education, the higher education coordinating board, and the state board for community and technical colleges in carrying out such duties and completing tasks as designated by chapter 141, Laws of 1992, by the performance-based education act, chapter . . ., Laws of 1993 (House Bill No. 1209 or Senate Bill No. 5306), and any subsequent legislation relating to education reform; and
(g) Such other areas as the joint select committee may deem appropriate.
(6) The commission on student learning, the superintendent of public instruction, the state board of education, the higher education coordinating board, and the state board for community and technical colleges shall each report to the joint select committee on education reform regarding their progress in completing tasks as designated by chapter 141, Laws of 1992, by the performance-based education act, chapter . . ., Laws of 1993 (House Bill No. 1209 or Senate Bill No. 5306), and any subsequent legislation relating to education reform.
(7) The joint select committee on education reform shall report its initial findings to the legislature by December 31, 1993, and shall report its findings annually thereafter until December 31, 1998, at which time the committee shall make its final report.
PART XII
SCHOOL-TO-WORK TRANSITIONS
NEW SECTION. Sec. 1201. (1) The legislature finds that demonstrated relevancy and practical application of school work is essential to improving student learning and to increasing the ability of students to transition successfully to the world of work. Employers have an increasing need for highly skilled people whether they are graduating from high school, a community college, a four-year university, or a technical college.
(2) The legislature further finds that the school experience must prepare students to make informed career direction decisions at appropriate intervals in their educational progress. The elimination of rigid tracking into educational programs will increase students' posthigh school options and will expose students to a broad range of interrelated career and educational opportunities.
(3) The legislature further finds that student motivation and performance can be greatly increased by the demonstration of practical application of course work content and its relevancy to potential career directions.
(4) The legislature further finds that secondary schools should provide students with multiple, flexible educational pathways. Each educational pathway should:
(a) Prepare students to demonstrate both core competencies common for all students and competencies in a career or interest area;
(b) Integrate academic and vocational education into a single curriculum; and
(c) Provide both classroom and workplace experience.
(5) The purpose of RCW 28A.630.862 through 28A.630.880 and section 1211 of this act is to equip students with improved school-to-work transition opportunities through the establishment of school-to-work transition model projects throughout the state.
Sec. 1202. RCW 28A.630.862 and 1992 c 137 s 2 are each amended to read as follows:
There is established in the office of the superintendent of public instruction ((an academic and vocational integration development)) a school-to-work transitions program which shall fund and coordinate ((pilot)) projects to develop model secondary school ((projects)) programs. The projects shall combine academic and vocational education into a single instructional system that is responsive to the educational needs of all students in secondary schools and shall provide multiple educational pathway options for all secondary students. Goals of the projects within the program shall include at a minimum:
(1) Integration of vocational and academic instructional curriculum into a single curriculum;
(2) Providing each student with a choice of multiple, flexible educational pathways based on the student's career or interest area;
(3) Emphasis on increased vocational((, personal,)) and academic guidance and counseling for students as an essential component of the student's high school experience;
(((3))) (4) Development of student essential academic learning requirements, methods of accurately measuring student performance, and goals for improved student learning;
(5) Partnership with local employers and employees to incorporate work sites as part of work-based learning experiences;
(6) Active participation of educators in the planning, implementation, and operation of the project, including increased opportunities for professional development and in-service training; and
(((4))) (7) Active participation by employers, private and public community service providers, parents, and community members in the development and operation of the project.
Sec. 1203. RCW 28A.630.864 and 1992 c 137 s 3 are each amended to read as follows:
(1) The superintendent of public instruction shall develop a process for schools or school districts to apply to participate in the ((academic and vocational integration development)) school-to-work transitions program. The office of the superintendent of public instruction shall review and select projects for grant awards, and monitor and evaluate the ((academic and vocational integration development)) program.
(2) The superintendent of public instruction, in selecting projects for grant awards, shall give additional consideration to schools or school districts whose proposals include collaboration with middle schools or junior high schools to develop school-to-work transition objectives. Middle school or junior high school programs may include career awareness and exploration, preparation for school-to-school transition, and preparation for educational pathway decisions.
(3) The superintendent of public instruction, in selecting projects for grant awards, shall give additional consideration to schools or school districts whose proposals include a tech prep site selected under P.L. 101-392 or other articulation agreements with a community or technical college.
(4) The superintendent of public instruction and the state board of education may develop a process for teacher certification programs to apply to participate in the school-to-work transitions program. The office of the superintendent of public instruction and the state board of education may review and select projects for grant awards. Teacher preparation grants shall be used to improve teacher preparation in school-to-work transitions, including course work related to integrated curriculum, tech prep concepts, updating technical skills, improving school and private sector partnerships, and assessing students.
Sec. 1204. RCW 28A.630.866 and 1992 c 137 s 4 are each amended to read as follows:
The superintendent of public instruction shall appoint a ten-member task force on ((academic and vocational integration)) school-to-work transitions. The task force shall include at least one representative from the work force training and education coordinating board and the state board for community and technical colleges. The task force shall advise the superintendent of public instruction in the development of the process for applying to participate in the ((academic and vocational integration development)) school-to-work transitions program, in the review and selection of projects under RCW 28A.630.864, and the monitoring and evaluation of the projects.
Sec. 1205. RCW 28A.630.868 and 1992 c 137 s 6 are each amended to read as follows:
(1) The superintendent of public instruction shall administer RCW ((28A.630.860)) 28A.630.862 through ((RCW)) 28A.630.880.
(2) The ((academic and vocational integration development)) school-to-work transitions projects may be conducted for up to six years, if funds are provided.
Sec. 1206. RCW 28A.630.870 and 1992 c 137 s 7 are each amended to read as follows:
(1) The superintendent of public instruction may accept, receive, and administer for the purposes of RCW ((28A.630.860)) 28A.630.862 through 28A.630.880 such gifts, grants, and contributions as may be provided from public and private sources for the purposes of RCW ((28A.630.860)) 28A.630.862 through 28A.630.880.
(2) The ((academic and vocational integration development)) school-to-work transitions program account is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received under this section. Moneys in the account may be spent only for the purposes of ((28A.630.860)) RCW 28A.630.862 through 28A.630.880. Disbursements from this account shall be on the authorization of the superintendent of public instruction or the superintendent's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.
Sec. 1207. RCW 28A.630.874 and 1992 c 137 s 9 are each amended to read as follows:
(1) The superintendent of public instruction, in coordination with the state board of education, the state board for community and technical colleges, the work force training and education coordinating board, and the higher education coordinating board, shall provide technical assistance to selected schools and shall develop a process that coordinates and facilitates linkages among participating school districts, secondary schools, junior high schools, middle schools, technical colleges, and colleges and universities.
(2) The superintendent of public instruction and the state board of education may adopt rules under chapter 34.05 RCW as necessary to implement its duties under RCW ((28A.630.860)) 28A.630.862 through ((RCW)) 28A.630.880.
Sec. 1208. RCW 28A.630.876 and 1992 c 137 s 10 are each amended to read as follows:
(1) The superintendent of public instruction shall report to the education committees of the legislature on the progress of the schools for the ((academic and vocational integration development)) school-to-work transitions program by December 15 of each odd-numbered year.
(2) Each school district selected to participate in the academic and vocational integration development program shall submit an annual report to the superintendent of public instruction on the progress of the ((pilot)) project as a condition of receipt of continued funding.
Sec. 1209. RCW 28A.630.878 and 1992 c 137 s 11 are each amended to read as follows:
The superintendent of public instruction, through the state clearinghouse for education information, shall collect and disseminate to all school districts and other interested parties information about the ((academic and vocational integration development pilot)) school-to-work transitions projects.
Sec. 1210. RCW 28A.630.880 and 1992 c 137 s 12 are each amended to read as follows:
RCW ((28A.630.860)) 28A.630.862 through 28A.630.880 may be known and cited as the ((academic and vocational integration development)) school-to-work transitions program.
NEW SECTION. Sec. 1211. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.630.862 through 28A.630.880.
(1) "Integration of vocational and academic instruction" means an educational program that combines vocational and academic concepts into a single curriculum to increase the relevancy of course work, to strengthen and increase academic standards, and to enable students to apply knowledge and skills to career and educational objectives.
(2) "School-to-work transition" means a restructuring effort which provides multiple learning options and seamless integrated pathways to increase all students' opportunities to pursue their career and educational interests.
(3) "Work-based learning" means a competency-based educational experience that coordinates and integrates classroom instruction with structured, work site employment in which the student receives occupational training that advances student knowledge and skills in essential academic learning requirements.
PART XIII
DESERVING STUDENT SCHOLARSHIPS
NEW SECTION. Sec. 1301. By December 1, 1998, the higher education coordinating board shall develop a two-year scholarship plan for deserving students who have achieved a certificate of mastery and have graduated from high school. Deserving students shall be those whose family income is below the state-wide median family income. Receiving students shall be allowed to use the scholarship at a community or technical college or a public, four-year institution of higher education.
PART XIV
MISCELLANEOUS
NEW SECTION. Sec. 1401. The superintendent of public instruction and the state board of education shall each adopt rules, as necessary, under chapter 34.05 RCW to implement the applicable provisions of chapter . . ., Laws of 1993 (this act).
NEW SECTION. Sec. 1402. RCW 28A.215.904 is decodified.
NEW SECTION. Sec. 1403. The following acts or parts of acts are each repealed:
(1) 1992 c 141 s 505; and
(2) RCW 28A.630.860 and 1992 c 137 s 1.
NEW SECTION. Sec. 1404. Part headings as used in this act constitute no part of the law.
NEW SECTION. Sec. 1405. (1) Sections 701 through 703, 901 through 905, 1003, and 1401 of this act are each added to chapter 28A.300 RCW;
(2) Sections 103 and 501 of this act are each added to chapter 28A.305 RCW;
(3) Section 1101 of this act is added to chapter 28A.320 RCW;
(4) Section 301 of this act is added to chapter 28A.415 RCW;
(5) Sections 801 and 1103 of this act are each added to chapter 28A.600 RCW;
(6) Section 601 of this act is added to chapter 28A.615 RCW;
(7) Section 1211 of this act is added to chapter 28A.630 RCW; and
(8) Section 1301 of this act is added to chapter 28B.80 RCW.
NEW SECTION. Sec. 1406. Section 1103 of this act shall expire January 1, 1999.
NEW SECTION. Sec. 1407. The sum of four million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the superintendent of public instruction for the purposes of section 201 of this act.
NEW SECTION. Sec. 1408. The sum of three million seven hundred twenty-eight thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the superintendent of public instruction specifically to support the pairing of mentor and beginning teachers under RCW 28A.415.250 and section 401 of this act.
NEW SECTION. Sec. 1409. The sum of one million one hundred sixty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the superintendent of public instruction specifically to support the pairing of mentor and experienced teachers under RCW 28A.415.250 and section 401 of this act. The superintendent of public instruction shall select up to ten districts to develop and implement mentor programs to assist experienced teachers who are struggling in the classroom. At least one of the districts shall be in a class AA county with a city of the first class with a population of greater than four hundred thousand, if an application to participate is received from such district.
NEW SECTION. Sec. 1410. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the superintendent of public instruction for the purposes of section 601 of this act.
NEW SECTION. Sec. 1411. The sum of one million seven hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the superintendent of public instruction for the purposes of section 602 of this act.
NEW SECTION. Sec. 1412. The sum of seven hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the superintendent of public instruction for the purposes of section 704 of this act.
NEW SECTION. Sec. 1413. (1) The sum of five million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the superintendent of public instruction for the purposes of section 801(2) of this act.
(2) The sum of fifteen million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the superintendent of public instruction for the purposes of section 801(3), (4), and (5) of this act.
NEW SECTION. Sec. 1414. The sum of ten million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the superintendent of public instruction for the purposes of sections 901 through 905 of this act.
NEW SECTION. Sec. 1415. The sum of one hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the superintendent of public instruction for the purpose of section 1001 of this act.
NEW SECTION. Sec. 1416. The sum of two million five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the superintendent of public instruction for the purposes of section 1203 of this act. The appropriation in this section is subject to the following conditions and limitations:
(1) A maximum of two hundred thousand dollars is provided solely for the purposes of section 1203(4) of this act.
(2) One hundred fifty thousand dollars is provided solely for the office of the superintendent of public instruction to provide administration and staffing to coordinate the program established under sections 1201 through 1211 of this act and to disseminate information on the model projects.
(3) Two hundred fifty thousand dollars is provided solely for the office of the superintendent of public instruction to provide grants to community and technical colleges for the development of integrated curriculum for tech prep programs. The superintendent shall award grants to community and technical colleges identified in selected schools to work transition projects as participants in the tech prep component of the project plan.
NEW SECTION. Sec. 1417. For the biennium ending June 30, 1995, the education enhancement program block grants shall be funded at no less than the amount they were funded for the biennium ending June 30, 1993.
NEW SECTION. Sec. 1418. For the biennium ending June 30, 1995, K-3 class size reduction funding shall not be reduced below the level for the biennium ending June 30, 1993. There shall be fifty-four and three-tenths certificated instructional staff per one hundred students.
NEW SECTION. Sec. 1419. 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."
Senator Hochstatter moved that the following amendment to the striking amendment be adopted:
On page 2, after line 30, insert the following:
"COMMUNITY SELECTION OF LOCAL EDUCATION PROGRAM
NEW SECTION. Sec. 101. (1) Each school district in the state shall develop educational programs designed to provide each student in the district with the opportunity to achieve the student learning goals under section 202 of this act.
(2) Each school district board of directors may authorize a school or schools in the district to participate in the performance-based education system developed under RCW 28A.630.885, following a public hearing by the school board and adoption of a motion stating the intent and scope of participation. The adopted motion shall require that schools authorized and choosing to participate in the performance-based education system shall administer the tests required under RCW 28A.230.190, 28A.230.230, and 28A.230.240 for at
least five school years following the date of first participation in the performance-based system. A copy of the adopted motion shall be transmitted to the superintendent of public instruction by the district board of directors. After a public hearing, the school board may repeal the motion stating the intent and scope of participation and shall transmit a copy of the motion repealing the intent and scope of participation to the superintendent of public instruction.
(3) The state schools for the deaf and blind, pursuant to subsection (2) of this section, may participate in the performance-based system developed under RCW 28A.630.885 and may apply for grants under section 401 of this act.
(4) Each school district board of directors may adopt procedures to permit parents to remove their children from courses of instruction offered primarily to meet student learning goal number four listed under section 201 of this act.
(5) Nothing under chapter . . ., Laws of 1993 (this act) shall affect the provisions of RCW 28A.230.070(4) that allow students not to participate in AIDS prevention education, and state board of education rules that allow students an excusal from planned instruction in sex education or human sexuality.
(6) For schools not authorized or choosing to participate in the performance-based education system developed under RCW 28A.630.885, sections 501 through 507 of chapter 141, Laws of 1992 shall not apply.
PART II"
Renumber remaining parts, sections and subsections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 2, after line 30, to the striking amendment by Senator Anderson to Second Substitute Senate Bill No. 5306.
The motion by Senator Hochstatter carried and the amendment to the striking amendment was adopted.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Anderson, as amended, to Second Substitute Senate Bill No. 5306.
Debate ensued.
Senator Anderson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senator Anderson, as amended, to Second Substitute Senate Bill No. 5306.
ROLL CALL
The Secretary called the roll and the striking amendment, as amended, was not adopted by the following vote: Yeas, 20; Nays, 27; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer and Winsley - 20.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 27.
Absent: Senator West - 1.
Excused: Senator Niemi - 1.
MOTION
On motion of Senator Pelz, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5306 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5306.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5306 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, McAuliffe, Moore, Moyer, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams and Winsley - 31.
Voting nay: Senators Amondson, Barr, Bluechel, Cantu, Deccio, Hochstatter, Jesernig, Loveland, McCaslin, McDonald, Nelson, Newhouse, Roach, Sellar, Smith, L., West and Wojahn - 17.
Excused: Senator Niemi - 1.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5306, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Jesernig, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator McAuliffe, the following resolution was adopted:
SENATE RESOLUTION 1993-8621
By Senator McAuliffe
WHEREAS, The Washington State Senate recognizes the importance of promoting the arts in preserving our history and providing community enrichment projects; and
WHEREAS, The Bothell community historically has demonstrated a strong commitment to bringing its rich history to the forefront and preserving the arts through numerous local programs each year; and
WHEREAS, Community members are currently endeavoring to develop the Bothell Regional Arts Vision Organization (BRAVO) which will bring the historic Showboat Theatre to Bothell, thereby saving the glorious old theatre from an unceremonious demise;
NOW, THEREFORE, BE IT RESOLVED, That Bothell community members be commended and encouraged in their efforts to save and revitalize the Showboat and to bring a new thespian home to their city.
MOTION
At 7:40 p.m., on motion of Senator Jesernig, the Senate adjourned until 12:00 noon, Thursday, March 18, 1993.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate